An Act To Clarify the Laws Establishing the Department of Agriculture, Conservation and Forestry
Maine Legislature, Session 126, LD 0837
Committee Amendment CA_A_H339 (House)
Amends: 2 MRSA §6, 5 MRSA §933, 5 MRSA §935, 7-A MRSA §201-A, 7-A MRSA §202, 7-A MRSA §203, 7-A MRSA §204, 7-A MRSA §206, 12 MRSA §685-C, 23 MRSA §3360-A, 38 MRSA §488, 12 MRSA §183, 12 MRSA §1847, 12 MRSA §1849, 12 MRSA §5013, 12 MRSA §13001, 22 MRSA §679-B, 32 MRSA §4700-G, 35-A MRSA §3457, 38 MRSA §361-A, 38 MRSA §401, 38 MRSA §402, 38 MRSA §490, 38 MRSA §1905, 3 MRSA §959, 5 MRSA §17851-A, 5 MRSA §17852, 7 MRSA §2171, 10 MRSA §94, 12 MRSA §402, 12 MRSA §1893, 12 MRSA §1893-A, 12 MRSA §8867-A, 12 MRSA §8867-B, 12 MRSA §10157, 35-A MRSA §3451, 38 MRSA §490-D, 38 MRSA §991

COMMITTEE AMENDMENT" A" to H.P. 588, L.D. 837, Bill, "An Act To 
Clarify the Laws Establishing the Department of Agriculture, Conservation and Forestry" 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-I. 2 MRSA §6, sub-§3, as amended by PL 2011, c. 657, Pt. Y, §2, is 
further amended to read: 
3. Range 89. The salaries of the following state officials and employees are within 
salary range 89: 
Director, Bureau of General Services; 
Director, Bureau of Alcoholic Beverages and Lottery Operations; 
State Budget Officer; 
State Controller; 
Director, Division Bureau of Forestry; 
Director, Governor's Office of Policy and Management; 
Director, Energy Resources Office; 
Director of Human Resources; 
Director, Division Bureau of Parks and l4lhlie Lands; and 
Director of the Governor's Office of Communications~~ 
Director, Bureau of Agriculture, Food and Rural Resources; and 
Director, Bureau of Resource Information and Land Use Planning. 
COMMITTEE AMENDMENT 
~ 
~ 
COMMITTEE AMENDMENT "A" to H.P. 588, L.D. 837 
Sec. A-2. 2 MRSA §6, sub-§5, as amended by PL 2011, c. 657, Pt. Y, §3, is 
further amended to read: 
5. Range 86. The salaries of the following state officials and employees are within 
salary range 86: 
Director of Labor Standards; 
State Archivist; 
Director, DivisioR of Geology, }-~aRtral Areas ami Coastal Resources; 
Director, Division of Land Use Planning, Permitting and Compliance; 
Chair, Maine Unemployment Insurance Commission; 
Child Welfare Services Ombudsman; and 
Director of the Maine Drug Enforcement Agency. 
Sec. A-3. 5 MRSA §933, sub-§l, ,0, as amended by PL 2011, c. 1, Pt. F, §1, is 
repealed. 
Sec. A-4. 5 MRSA §933, sub-§l, ,P, as enacted by PL 2009, c. 552, §6, is 
amended to read: 
P. Director, Division of Animal and Plant Health~~ 
Sec. A-5. 5 MRSA §933, sub-§l, "Q to S are enacted to read: 
Q. Natural Resource Marketing and Economic Development Specialist; 
R. Director, Bureau of Agriculture, Food and Rural Resources; and 
S. Director, Bureau of Resource Information and Land Use Planning. 
Sec. A-6. 5 MRSA §935, sub-§l, as amended by PL 2011, c. 655, Pt. KK., §3 and 
affected by §34 and amended by c. 657, Pt. W, §§5 and 7 and c. 682, §38, is further 
amended to read: 
1. Major policy-influencing positions. The following positions are major policy-
influencing positions within the Department of Agriculture, Conservation and Forestry. 
Notwithstanding any other provision of law, these positions and their successor positions 
are subject to this chapter: 
B. Deputy CoHlfl1:issioRer; 
C. Director, DivisioR Bureau of Forestry; 
D. Director, Bureau of Geology, Natural Areas aRd Coastal Resources; 
E. Executive Director, Maine Land Use Planning Commission; 
F. Director, DivisioR Bureau of Parks and PHhlie Lands; 
G. Deputy Director, DivisioR of Parks aRd Public LaRds; 
1. Assistant to the Commissioner for Public Information; 
J. Assistant to the Commissioner; and 
COMMITTEE AMENDMENT 
~ 
~ 
COMMITTEE AMENDMENT" A" to H.P. 588, L.D. 837 
K. State Supervisor, Forest Fire Operations. 
Sec. A-7. 7-A MRSA §lOl, sub-§2-A is enacted to read: 
2-A. Foodways. "Foodways" means the cultural, social and economic practices 
related to the production and consumption of food. 
Sec. A-S. 7-A MRSA §201-A is enacted to read: 
§201-A. Local food and rural economic development 
It is the policy of this State to encourage food self-sufficiency for its citizens. The 
department shall support policies that: 
1. Local control. Through local control preserve the ability of communities to 
produce, process, sell, purchase and consume locally produced foods; 
2. Small-scale farming and food production. Ensure the preservation of family 
farms and traditional foodways through small-scale farming and food production; 
3. Improved health and well-being. Improve the health and well-being of citizens 
of this State by reducing hunger and increasing food security through improved access to 
wholesome, nutritious foods by supporting family fanns and encouraging sustainable 
fanning and fishing; 
4. Self-reliance and personal responsibility. Promote self-reliance and personal 
responsibility by ensuring the ability of individuals, families and other entities to prepare, 
process, advertise and sell foods directly to customers intended solely for consumption by 
the customers or their families; and 
5. Rural economic development. Enhance rural economic development and the 
environmental and social wealth of rural communities. 
Sec. A-9. 7-A MRSA §202, as enacted by PL 2011, c. 657, Pt. V, §1 and affected 
by §2, is amended to read: 
§202. Mission; guiding principles 
1. Mission. The mission of the department is to serve as the ~ steward of Maine's 
agricultural, forestry, v/ater and land and natural resources for the State. The department 
shall implement public policy that: 
A. Supports the work of citizens who derive their livelihood through agricultural, 
conservation and forest-based interests and supports those who enjoy parks and 
conservation lands; 
B. 
Through education, technical assistance, research, regulation and land 
conservation, promotes and protects the public health, the well-being of domestic 
animals, wise land usage and the preservation of the State's key conservation assets; 
and 
C. Assists in creating added value for land-derived and forest-derived products as 
well as creating outdoor-based recreational experiences for local, national and 
international markets. 
COMMITTEE AMENDMENT 
CIj 
";s 
~ 
COMMITTEE AMENDMENT" A" to H.P. 588, L.D. 837 
2. 
Guiding principles. 
The following principles are adopted to guide the 
department in the performance of its duties: 
A. Forestry, farming, conservation, public lands and other natural resource-based 
economic activity are important to the State's economy and quality of life; ;md 
A-I. The State's rural jobs and multifaceted natural resources are at the same time a 
rich heritage to be carefully passed to successive generations and an evolving 
economic engine driving the recreation, food and fiber components of the State's 
workplaces; 
B. Strengthening farming, forestry, conservation, recreation, state parks, public lands 
and public access to the State's natural resources is vital to enhancing the State's 
natural resources economy.,.; and 
C. The State's land and water are the common denominators for fresh, locally grown 
food, processed food, horticulture, livestock, sustainably managed forest products and 
the State's internationally recognized outdoor recreation and conservation areas. 
Sec. A-tO. 7-A MRSA §203, sub-§t, as enacted by PL 2011, c. 657, Pt. V, §1 
and affected by §2, is amended to read: 
1. Appointment. The Governor shall appoint the commissioner, subject to review 
by the joint standing committee of the Legislature having jurisdiction over agriculture, 
conservation and forestry matters and confinnation by the Senate. The commissioner~ 
who must be a person of recognized executive ability and who must possess training, 
knowledge or experience in agricultural production, conservation, forestry and natural 
resource management, serves at the pleasure of the Governor. 
Sec. A-H. 7-A MRS A §203, sub-§2, as enacted by PL 2011, c. 657, Pt. V, §1 
and affected by §2, is repealed. 
Sec. A-12. 7-A MRSA §203, sub-§2-A is enacted to read: 
2-A. Deputy; staff. The commissioner shall appoint a deputy commissioner to assist 
the commissioner with the operations of the department. The commissioner shall also 
appoint a natural resource marketing and economic development specialist, who shall 
assist the commissioner in the identification and tracking of natural resource industry 
trends, who shall work with natural resource groups to identify value-added opportunities 
and who shall coordinate with other governmental agencies to help management to 
improve the sustainability of the State's agricultural resources and the long-term health of 
the State's agricultural, forestry and natural resource-based industries. 
Sec. A-13. 7-A MRSA §204, first ~, as enacted by PL 2011, c. 657, Pt. V, §1 
and affected by §2, is amended to read: 
The commissioner has all of the powers and duties necessary to carry out the mission 
and responsibilities of the department. The commissioner has the power to distribute the 
functions and duties given to the commissioner under this Title, Title 7 and Title 12 
among the various divisions bureaus of the department so as to integrate the work 
properly and to promote the most economical and efficient administration of the 
department. Powers and duties given to the commissioner or the department in this Title, 
Title 7 or Title 12 must be assumed and carried out by the divisions bureaus that the 
COMMITTEE AMENDMENT 
CIj 
'".is 
~ 
lO 
COMMITTEE AMENDMENT "A" to H.P. 588, L.D. 837 
commissioner designates and may in tum be delegated to subordinates by division bureau 
directors with the approval of the commissioner. 
Sec. A-14. 7-A MRSA §204, sub-§4, as enacted by PL 2011, c. 657, Pt. V, §1 
and affected by §2, is amended to read: 
4. Appointments. The deputy commission@rs commissioner and division bureau 
directors of the department are appointed by the commissioner and serve at the pleasure 
of the commissioner, except as otherwise provided by law. Deputy commissioners The 
deputy commissioner and division bureau directors appointed pursuant to this Title must 
have educational qualifications and professional experience directly related to the 
functions of and services provided by the relevant unit or diyision bureau. 
Sec. A-IS. 7-A MRS A §205, as enacted by PL 2011, c. 657, Pt. V, § 1 and 
affected by §2, is repealed. 
Sec. A-16. 7-A MRSA §206 is enacted to read: 
§206. Department organization; bnreaus 
The department is composed of the following bureaus, each of which is under the 
direction and supervision of a director: 
1. Bureau of Agriculture, Food and Rural Resources. The Bureau of Agriculture, 
Food and Rural Resources, which is composed of the former Department of Agriculture, 
Food and Rural Resources and all associated units and programs; 
2. Bureau of Forestry. The Bureau of Forestry, which is composed of the fonner 
Division of Forestry and all associated units and programs; 
3. 
Bureau of Parks and Lands. 
The Bureau of Parks and Lands, which is 
composed of the former Division of Parks and Public Lands and all associated units and 
programs; 
4. Bureau of Resource Information and Land Use Planning. The Bureau of 
Resource Information and Land Use Planning, which is composed of the Division of 
Land Use Planning, Permitting and Compliance, the Division of Geology, Natural Areas 
and Coastal Resources, the Land for Maine's Future Board, the units of municipal 
planning assistance and flood plain management and all other associated units and 
programs. 
The commissioner shall appoint a director for each bureau, giving preference to 
existing directors or other staff from within the bureau. 
Sec. A-17. PL 2011, c. 657, Pt. V, §2 is amended to read: 
Sec. V-2. Legislative intent. It is the intent of the Legislature that a bill suemitted 
pursuaffi to Part W, section 4 that consolidates the Maine Revised Statutes, Title 7 and 
portions of Title 12 into Title 7 A be enacted into la'>", by the 126th Legislature to create a 
unified statutory framework for the laws administered by the Department of Agriculture, 
Conservation and Forestry that incorporates the Maine Revised Statutes, Title 7-A and 
relevant portions of Title 12 into Title 7. If a bill submitted pursuant to Pati Vi, section 4 
has not been enacted into law by December 3, 2014, Title 7 A is repealed on that date. II 
is not the intent of the Legislature to require a complete recodification of Title 7. 
COMMITTEE AMENDMENT 
en 
t5 
l!IC 
COMMITTEE AMENDMENT "A" to H.P. 588, L.D. 837 
Sec. A-18. PL 2011, c. 657, Pt. V, §3 is repealed. 
Sec. A-19. PL 2011, c. 657, Pt. W, §4 is repealed. 
Sec. A-20. Funding for the commissioner's office. Departmentwide indirect 
funding rates assessed to dedicated and federal funds may not exceed 13% and 29% for 
conservation and agriculture programs, respectively, for a 3-year period beginning July I, 
2013 and ending June 30, 2016. 
Sec. A-21. Director, Land for Maine's Future program. The Commissioner 
of Agriculture, Conservation and Forestry shall hire a director of the Land for Maine's 
Future program as a staff position within the Department of Agriculture, Conservation 
and Forestry, Bureau of Resource Information and Land Use Planning. 
Sec. A-22. Report. The Commissioner of Agriculture, Conservation and Forestry 
shall provide a written report on matters related to the reorganization of the former 
Department of Agriculture, Food and Rural Resources and the former Department of 
Conservation into the Department of Agriculture, Conservation and Forestry to the Joint 
Standing Committee on Agriculture, Conservation and Forestry by November 1, 2013. 
The commissioner shall provide an additional written report to the committee on these 
matters by February 1,2014. 
Sec. A-23. Maine Revised Statutes amended; revision clause. 
Wherever in 
the Maine Revised Statutes the words "Division of Forestry" appear or reference is made 
to that entity or those words, those words are amended to read or mean, as appropriate, 
"Bureau of Forestry" or "bureau," and the Revisor of Statutes shall implement this 
revision when updating, publishing or republishing the statutes. 
Sec. A-24. Maine Revised Statutes amended; revision clause. 
Wherever in 
the Maine Revised Statutes the words "Division of Parks and Public Lands" appear or 
reference is made to that entity or those words, those words are amended to read or mean, 
as appropriate, "Bureau of Parks and Lands" or "bureau," and the Revisor of Statutes 
shall implement this revision when updating, publishing or republishing the statutes. 
PARTB 
Sec. B-1. 12 MRSA §685-C, sub-§I,~, as repealed by PL 2011, c. 655, Pt. JJ, 
§6 and affected by §41 and amended by c. 682, §21, is repealed. 
Sec. B-2. 12 MRSA §685-C, sub-§I, ~-1 is enacted to read: 
B-1. After the commission has finalized a plan or a portion of a plan, but prior to 
adoption, the commission shall provide a copy to the Commissioner of Agriculture, 
Conservation and Forestry, who shall submit the finalized plan or a portion of the 
plan to the Governor for comments. The commissioner shall submit the finalized plan 
or a portion of the plan including the Governor's comments to the Legislature within 
days after the convening of the next regular session for approval. The Legislature 
shall, by act or resolve, approve, disapprove or require changes to the plan or any 
portion of the plan prior to adjournment. If the plan or a portion of the plan is 
approved or the Legislature fails to act on the plan or a portion of the plan before 
adjournment, the plan or a portion of the plan may be finally adopted by the 
COMMITTEE AMENDMENT 
(Ij 
'4 
e~ 
lO 
COMMITTEE AMENDMENT 'A" to H.P. 588, L.D. 837 
commission. If the plan or a portion of the plan is disapproved or revisions are 
required, the plan or a portion of the plan must be revised by the commission and 
resubmitted to the Legislature for approval by act or resolve. The joint standing 
committee of the Legislature having jurisdiction over conservation matters may 
submit legislation to implement the provisions of this paragraph. 
Sec. B-3. 12 MRSA §685-C, sub-§1, ~C, as amended by PL 201 L c. 655, Pt. n, 
§ 7 and affected by §41 and repealed by c. 682, § 21, is repealed. 
Sec. B-4. 23 MRSA §3360-A, sub-§5-I, ~A, as enacted by PL 2011, c. 72, §4, is 
amended to read: 
A. As used in this subsection, unless the context otherwise indicates, the following 
terms have the following meanings. 
(1) "Lawfully expanded after March 1, 2011" means an expansion of a quarry or 
borrow pit after March 1, 2011: 
(a) That requires an authorization, license, pennit or variance issued by the 
Department of Environmental Protection pursuant to Title 38, chapter 3, 
article 6, 7 or 8-A or by the former Maine Land Use Regulation Commission 
or the Maine Land Use Planning Commission under Title 12, chapter 206-A 
and for which a valid authorization, license, pennit or variance has been 
issued; or 
(b) That requires a filing of a notice of intent to comply pursuant to Title 38, 
chapter 3, article 7 or 8-A and a complete filing has been made. 
(2) "Lawfully located on March 1, 2011" means that on March 1, 2011 the quarry 
or borrow pit existed and: 
(a) 
The owner or operator had been issued all authorizations, licenses, 
permits or variances by the Department of Environmental Protection pursuant 
to Title 38, chapter 3, article 6, 7 or 8-A or by the former Maine Land Use 
Regulation Commission under Title 12, chapter 206-A necessary to operate 
that quarry or borrow pit; and 
(b) 
The quarry or borrow pit was in compliance with any applicable 
requirements of Title 38, chapter 3, article 7 or 8-A or with any applicable 
land use district standards of the former Maine Land Use Regulation 
Commission adopted under Title 12, chapter 206-A. 
(3) "Lawfully located after March 1, 2011" means that the quarry or borrow pit 
is established after March 1, 2011 and: 
(a) The owner or operator possesses all authorizations, licenses, pennits or 
variances issued by the Department of Environmental Protection pursuant to 
Title 38, chapter 3, article 6, 7 or 8-A or by the fonner Maine Land Use 
Regulation Commission or the Maine Land Use Planning Commission under 
Title 12, chapter 206-A necessary to operate that quarry or borrow pit; and 
(b) The quarry or borrow pit is in compliance with the requirements of Title 
38, chapter 3, article 7 or 8-A or with applicable land use district standards of 
COMMITTEE AMENDMENT 
cr.i 
";s 
cC 
COMMITTEE AMENDMENT "A" to H.P. 588, L.D. 837 
the former Maine Land Use Regulation Commission or the Maine Land Use 
Planning Commission adopted under Title 12, chapter 206-A. 
(4) "Quarry" has the same meaning as in Title 38, section 490-W, subsection 17. 
Sec. B-S. 38 MRSA §488, sub-§9, as amended by PL 2011, c. 653, §20 and 
affected by §33 and repealed by c. 682, §31 and affected by §40, is repealed. 
PARTC 
Sec. C-l. 1 MRS A §2S, as amended by PL 2011, c. 655, Pt. KK, §1 and affected 
by §34, is further amended to read: 
§25. Topographic mapping 
The Bureau Department of Agriculture, Conservation and Forestry, Division of 
Geology, Natural Areas and Coastal Resources has charge of topographic mapping on 
behalf of the State. The Bureau Division of Geology, Natural Areas and Coastal 
Resources is authorized and directed to enter into such agreements with the Director of 
the United States Geological Survey as will ensure the progress of the work in an 
efficient and economical manner. 
Sec. C-2. S MRSA §93S, sub-§I, ,D, as amended by PL 2011, c. 655, Pt. KK, 
§3 and affected by §34, is further amended to read: 
D. Director, Bureau Division of Geology, Natural Areas and Coastal Resources; 
Sec. C-3. 12 MRSA §S41-A, as amended by PL 2011, c. 655, Pt. KK, §4 and 
affected by §34, is further amended to read: 
§541-A. Division of Geology, Natural Areas and Coastal Resources 
The Bmeau Division of Geology, Natural Areas and Coastal Resources is established 
within the Department of AgriCUlture, Conservation and Forestry and is administered by 
the commissioner. The bureau division consists of the Maine Geological Survey, referred 
to in this chapter as the "survey," the Natural Areas Program and the Maine Coastal 
Program. The executiY6 director of the bureau is the director of the survey. 
Sec. C-4. 12 MRSA §S49, as amended by PL 2011, c. 655, Pt. KK, §6 and 
affected by §34 and amended by c. 657, Pt. W, §7, is further amended to read: 
§549. Jurisdiction 
The Bureau Division of Geology, Natural Areas and Coastal Resources and the 
agencies having jurisdiction over state-owned lands have jurisdiction, as set forth in this 
subchapter, over all state-owned lands for the purpose of mineral development and 
mining on that land. The Bureau of Geology, Natural ;Areas alld Coastal Resomc6s 
Resource Information and Land Use Planning and the agencies having jurisdiction over 
state-owned lands may make such rules as each considers proper with respect to the 
authority delegated pursuant to this subchapter. 
COMMITTEE AMENDMENT 
(Ij 
a 
0:: 
COMMITTEE AMENDMENT "A" to H.P. 588, L.D. 837 
Sec. C-S. 12 MRSA §S49-A, sub-§2, as amended by PL 2011, c. 655, Pt. KK, §7 
and affected by §34, is further amended to read: 
2. Director of the survey. "Director of the survey" means the Director of the 
Bureau of Geology, Natural Areas and Coastal Resources Resource Information and Land 
Use Planning. 
Sec. C-6. 12 MRSA §SSO-B, sub-§3, ~A, as amended by PL 2011, c. 655, Pt. 
KK, §8 and affected by §34, is further amended to read: 
A. Within 30 days after completion of any well or dry hole, or the enlarging or 
deepening of an existing well, a well drilling company shall submit a report to the 
Hureau Division of Geology, Natural Areas and Coastal Resources on forms designed 
and provided by the Hureau Division of Geology, Natural Areas and Coastal 
Resources. The report must contain information as may be required by the Hureau 
Division of Geology, Natural Areas and Coastal Resources, including, but not limited 
to, location, construction and well yield. 
Sec. C-7. 12 MRS A §SSO-B, sub-§6, as amended by PL 2011, c. 655, Pt. KK, §9 
and affected by §34, is further amended to read: 
6. Information use. Information collected by the Hureau Division of Geology, 
Natural Areas and Coastal Resources, Maine Geological Survey under this section is 
subject to Title 1, chapter 13, subchapter 1, unless the well drilling company to whom the 
information belongs or pertains requests that it be designated as confidential and the 
bureau has determined it contains proprietary information. For the purposes of this 
subsection, "proprietary information" means infonnation that is a trade secret or 
production, commercial or financial information the disclosure of which would impair the 
competitive position of the person sUbmitting the infonnation and would make available 
information not otherwise publicly available. The Hureau Division of Geology, Natural 
Areas and Coastal Resources, Maine Geological Survey shall make information collected 
under this chapter available to any federal, state or municipal entity or authorized agent of 
such entity. 
Sec. C-8. 12 MRSA §183S, sub-§I, ~A, as amended by PL 2011, c. 655, Pt. KK, 
§ 10 and affected by § 34, is further amended to read: 
A. The first $20,000 in the aggregate of any money accruing from the alienation of 
rights to mine upon nonreserved public land, or other income arising out of mining 
operations, that is actually received during any fiscal year, and every portion thereof 
accruing from these mining operations, must be paid into the Bureau Division of 
Geology, Natural Areas and Coastal Resources. 
Sec. C-9. 12 MRSA §1847, sub-§2, as amended by PL 2011, c. 655, Pt. JJ, §8 
and affected by §41 and amended by c. 682, §38, is further amended to read: 
2. Management plans. The director shall prepare, revise from time to time and 
maintain a comprehensive management plan for the management of the public reserved 
lands in accordance with the guidelines in this subchapter. The plan must provide for a 
flexible and practical approach to the coordinated management of the public reserved 
lands. In preparing, revising and maintaining such a management plan the director, to the 
extent practicable, shall compile and maintain an adequate inventory of the public 
COMMITTEE AMENDMENT 
(Ij 
';J 
CJ:! 
COMMITTEE AMENDMENT "A" to H.P. 588, L.D. 837 
reserved lands, including not only the timber on those lands but also the other multiple 
use values for which the public reserved lands are managed. In addition, the director 
shall consider all criteria listed in section 1858 for the location of public reserved lands in 
developing the management plan. The director is entitled to the full cooperation of the 
Bureau Division of Geology, Natural Areas and Coastal Resources, the Department of 
Inland Fisheries and Wildlife and the Maine Land Use Planning Commission in 
compiling and maintaining the inventory of the public reserved lands. The director shall 
consult with those agencies as well as other appropriate state agencies in the preparation 
and maintenance of the comprehensive management plan for the public reserved lands. 
The plan must provide for the demonstration of appropriate management practices that 
will enhance the timber, wildlife, recreation, economic and other values of the lands. All 
management of the public reserved lands, to the extent practicable, must be in accordance 
with this management plan when prepared. 
Within the context of the comprehensive management plan, the commissioner, after 
adequate opportunity for public review and comment, shall adopt a specific action plan 
for each unit of the public reserved lands system. 
Each action plan must include 
consideration of the related systems of silviculture and regeneration of forest resources 
and must provide for outdoor recreation including remote, undeveloped areas, timber, 
watershed protection, wildlife and fish. 
The commissioner shall provide adequate 
opportunity for public review and comment on any substantial revision of an action plan. 
Management of the public reserved lands before the action plans are completed must be 
in accordance with all other provisions of this section. 
Sec. C-I0. 12 MRSA §1849, sub-§I, ,A, as amended by PL 2011, c. 655, Pt. 
KK, § 11 and affected by §34, is further amended to read: 
A. The first $20,000 in the aggregate of any money accruing from the alienation of 
rights to mine upon public reserved land, or other income arising out of mining 
operations, that is actually received during any fiscal year, and every portion thereof 
accruing from these mining operations, must be paid to the Bureau Division of 
Geology, Natural Areas and Coastal Resources. 
Sec. C-11. 12 MRSA §5013, sub-§5, as amended by PL 2011, c. 655, Pt. KK, 
§ 14 and affected by §34, is further amended to read: 
5. 
Division of Geology, Natural Areas and Coastal Resources. The Burea\:l 
Division of Geology, Natural Areas and Coastal Resources is under the direction and 
supervision of a director who is appointed by, and serves at the pleasure of, the 
commissioner. 
Sec. C-12. 12 MRSA §13001, sub-§12, as amended by PL 2011, c. 655, Pt. KK, 
§ 16 and affected by §34 and amended by c. 682, §38, is further amended to read: 
12. Freshwater marshes and bogs. "Freshwater marshes and bogs" means naturally 
occurring open areas with saturated soils or peat, often associated with standing water and 
dominated by low herbaceous vegetation, grasses, weeds and shrubs and including 
wetlands, as shown on the Freshwater Wetlands Map Series, Bureau Division of 
Geology, Natural Areas and Coastal Resources, Maine Geological Survey, or zoned as a 
Wetland Protection Subdistrict, P-WL, by the Maine Land Use Planning Commission. 
COMMITTEE AMENDMENT 
(Jj 
'Cs 
'-::c 
COMMITTEE AMENDMENT "A" to H.P. 588, L.D. 837 
Sec. C-13. 22 MRS A §676, sub-§5, as amended by PL 2011, c. 655, Pt. KK, § 17 
and affected by §34, is further amended to read: 
5. Geology. The Bureau Division of Geology, Natural Areas and Coastal Resources, 
Maine Geological Survey within the Department of Agriculture, Conservation and 
Forestry shall provide technical assistance for waste management. 
Sec. C-14. 22 MRSA §679-B, sub-§8, as amended by PL 2011, c. 655, Pt. KK, 
§18 and affected by §34 and amended by c. 682, §38, is further amended to read: 
8. Transfer of funds. Notwithstanding Title 5, section 1585, funds allocated under 
this section must be transfeITed as necessary to accomplish the purposes of this section 
and Title 38, chapter 14-A from the department to other agencies, including the 
Department of Environmental Protection, the Bureau Division of Geology, Natural Areas 
and Coastal Resources, Maine Geological Survey within the Department of Agriculture, 
Conservation and Forestry and the Maine Land Use Planning Commission. 
Sec. C-15. 32 MRS A §4700-G, sub-§2, as amended by PL 2011, c. 655, Pt. KK, 
§ 19 and affected by §34, is further amended to read: 
2. 
Membership. 
The commission consists of the director of the division of 
environmental health within the Department of Health and Human Services or the 
director's designee; the Director of the Bureau Division of Geology, Natural Areas and 
Coastal Resources within the Department of Agriculture, Conservation and Forestry or 
the director's designee; the Commissioner of Transportation or the cOlmnissioner's 
designee; and 4 public members, 3 of whom must be well drillers. 
Sec. C-16. 32 MRSA §4700-G, sub-§6, as amended by PL 2011, c. 655, Pt. KK, 
§20 and affected by §34, is further amended to read: 
6. 
Administrative provision. The department shall administer the affairs and 
activities of the commission, keep all books and records, excluding data reports. All 
appropriations for use of the commission must be made to the department. 
The 
Department of Agriculture, Conservation and Forestry, Bureau Division of Geology, 
Natural Areas and Coastal Resources shall keep all well data reports and work with the 
department in the administration ofthe commission's activities. 
Sec. C-17. 33 MRS A §1213, as amended by PL 2011, c. 655, Pt. KK, §21 and 
affected by §34, is further amended to read: 
§1213. Water boundaries 
For the purposes of this chapter, the Department of Agriculture, Conservation and 
Forestry, Bmeau Division of Geology, Natural Areas and Coastal Resources shall draw 
the water boundaries of the 8 coastal counties in order to determine in which registry of 
deeds the island must be registered. These lines must be drawn in accordance with the 
corporate charters of the counties as amended. In instances in which the charter does not 
clearly specify the seaward boundaries of the counties, the boundaries must be drawn in 
accordance with state law and the principles contained in the International Convention for 
the Contiguous and Territorial Sea in determining seaward boundaries between adjacent 
nation states. 
COMMITTEE AMENDMENT 
&.i .. 
~ 
COMMITTEE AMENDMENT "A "to H.P. 588, L.D. 837 
Sec. C-18. 35-A MRSA §3457, as amended by PL 2011, c. 655, Pt. KK, §23 and 
affected by §34, is further amended to read: 
§3457. Rulemaking; scenic viewpoint; scenic inventory 
1. Scenic viewpoint. The Department of Agriculture, Conservation and Forestry 
shall adopt rules to designate scenic viewpoints located on state public reserved land or 
on a trail that is used exclusively for pedestrian use, such as the Appalachian Trail, that 
have state or national significance from a scenic perspective based on criteria modeled 
after those used in the "Maine Rivers Study" published by the former Department of 
Conservation in 1982 and "Maine Wildlands Lakes Assessment" published by the former 
Maine Land Use Regulation Commission in June 1987 and consideration of the criteria in 
section 3452, subsection 3. 
2. Scenic inventory. The Department of Agriculture, Conservation and Forestry, 
Bttreau Division of Geology, Natural Areas and Coastal Resources shall adopt rules 
regarding the methodology for conducting a scenic inventory of scenic resources of state 
or national significance that are located in the coastal area, as defined by Title 38, section 
1802, subsection I, in a manner comparable to that used for an inventory listed in section 
3451, subsection 9, paragraph H, subparagraph (1). The Department of Agriculture, 
Conservation and Forestry, Bttreau Division of Geology, Natural Areas and Coastal 
Resources may contract with an outside entity for the preparation of a scenic inventory 
conducted pursuant to the methodology developed pursuant to this subsection. 
Rules adopted pursuant to this section are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
Sec. C-19. 38 MRSA §361-A, sub-§I-D, as amended by PL 2011, c. 655, Pt. 
KK, §24 and affected by §34, is further amended to read: 
I-D. Aquifer. "Aquifer" means a geologic formation composed ofrock or sand and 
gravel that stores and transmits significant quantities of recoverable water, as identified 
by the Bttreau Division of Geology, Natural Areas and Coastal Resources, Maine 
Geological Survey within the Department of Agriculture, Conservation and Forestry. 
Sec. C-20. 38 MRSA §401, 7th ~, as amended by PL 2011, c. 655, Pt. KK, §25 
and affected by §34, is further amended to read: 
It is the intention of the Legislature that the Bttrea~ Division of Geology, Natural 
Areas and Coastal Resources provide coordination and develop programs for the 
collection and analysis of information relating to the nature, extent and quality of aquifers 
and aquifer recharge areas. 
Sec. C-21. 38 MRSA §402, as amended by PL 2011, c. 655, Pt. KK, §26 and 
affected by §34, is further amended to read: 
§402. Research 
The Bttreau Division of Geology, Natural Areas and Coastal 
Resources~ in 
cooperation with the Department of Environmental Protection, is authorized to conduct 
research and studies to determine recharge and cleansing rates of lffoUfld water 
groundwater in different sand and gravel and bedrock formations. 
COMMITTEE AMENDMENT 
(Ij 
~ 
COMMITTEE AMENDMENT" A" to H.P. 588, L.D. 837 
The Bureau Division of Geology, Natural Areas and Coastal Resources, Maine 
Geological Survey within the Department of Agriculture, Conservation and Forestry in 
cooperation with other agencies as appropriate shall conduct a 3-year program to assess 
the impact of agricultural practices and chemicals on ground water groundwater quality in 
selected agricultural areas and selected aquifers. The program must evaluate the extent 
and level of contamination associated with pesticide use, the mechanisms by which 
pesticides move through the soil and into ground '.vater groundwater supplies, the 
synergistic effects of these substances and their persistence in ground water groundwater. 
The survey shall report annually its progress to the joint standing committee of the 
Legislature having jurisdiction over natural resources. 
Sec. C-22. 38 MRSA §490-00, sub-§6, ,A, as enacted by PL 2011, c. 653, §23 
and affected by §33, is amended to read: 
A. At least 60 days prior to submitting an application to the department, the applicant 
shall notify by certified mail the municipal officers of each municipality in which the 
mining area or affected area may be located or, in the unorganized territory, the 
county commissioners for each county in which the mining area or affected area may 
be located. The applicant at the same time shall provide a copy of the notice to the 
department and the Director of the Bureau Division of Geology arut Natural Areas 
and Coastal Resources within the Department of Agriculture, Conservation and 
Forestry. 
Sec. C-23. 38 MRS A §549, as amended by PL 2011, c. 655, Pt. KK, §29 and 
affected by §34, is further amended to read: 
§549. Personnel and equipment 
The commissioner shall establish and maintain at such ports within the State, and 
other places as the commissioner determines, employees and equipment necessary to 
carry out this subchapter. The commissioner, subject to the Civil Service Law, may 
employ personnel necessary to carry out the purposes of this subchapter, and shall 
prescribe the duties of those employees. The salaries of those employees and the cost of 
that equipment must be paid from the Maine Coastal and Inland Surface Oil Clean-up 
Fund established by this subchapter. The commissioner and the Director of the Bureau 
Division of Geology, Natural Areas and Coastal Resources shall periodically consult with 
each other relative to procedures for the prevention of oil discharges into the coastal 
waters of the State from offshore drilling production facilities. Inspection and 
enforcement employees of the department in their line of duty under this subchapter have 
the powers of a constable. 
Sec. C-24. 38 MRSA §1905, sub-§l, as amended by PL 2011, c. 655, Pt. KK, 
§31 and affected by §34, is further amended to read: 
1. Maps; coastal barriers identified. Maine's coastal barriers are identified on 
maps, available for public review, at the Department of Agriculture, Conservation and 
Forestry, Bureau Division of Geology, Natural Areas and Coastal Resources, Maine 
Geological Survey office in Augusta. They are referred to as the Maine Coastal Barrier 
Resources Systems and are numbered consistent with the United States Coastal Barriers 
Resource Act. 
COMMITTEE AMENDMENT 
CI'j 
'=s 
a:: 
COMMITTEE AMENDMENT'~ "to H.P. 588, L.D. 837 
Sec. C-25. Maine Revised Statutes headnote amended; revision clause. In 
the Maine Revised Statutes, Title 12, chapter 201-A, subchapter 1, in the subchapter 
headnote, the words "bureau of geology, natural areas and coastal resources" are amended 
to read "division of geology, natural areas and coastal resources" and the Revisor of 
Statutes shall implement this revision when updating, publishing or republishing the 
statutes. 
PARTD 
Sec. D-l. 3 MRSA §959, sub-§l, ,A, as amended by PL 2011, c. 579, §1, is 
repealed and the following enacted in its place: 
A. 
The joint standing committee of the Legislature having jurisdiction over 
agriculture, conservation and forestry matters shall use the following list as a 
guideline for scheduling reviews: 
(1) Baxter State Park Authority in 2017; 
(2) Board of Pesticides Control in 2019; 
(3) Wild Blueberry Commission of Maine in 2019; 
(4) Maine Dairy and Nutrition Council in 2015; 
(5) Maine Dairy Promotion Board in 2015; 
(6) Maine Milk Commission in 2015; 
(7) State Harness Racing Commission in 2015; 
(8) Maine Agricultural Bargaining Board in 2017; 
(9) Department of Agriculture, Conservation and Forestry in 2017; and 
(10) Land for Maine's Future Board in 2015. 
Sec. D-2. 5 MRSA §17851-A, sub-§l, ,C, as enacted by PL 1997, c. 769, §11, 
is amended to read: 
C. Forest rangers in the employment of the former Department of Conservation on 
July 1, 1998, or hired thereafter by the former Department of Conservation or the 
Department of Agriculture, Conservation and Forestry; 
Sec. D-3. 5 MRSA §17852, sub-§7-A, as amended by PL 2007, c. 491, §§165 
and 166, is further amended to read: 
7-A. Forest rangers after August 31, 1984; option. Except as provided in section 
17851-A, the retirement benefit of a person qualifying under section 17851, subsection 
8-A who retires upon or after reaching 55 years of age is computed in accordance with 
subsection 1 if: 
A. The person was first employed as a forest ranger in the former Department of 
Conservation or the Department of Agriculture, Conservation and Forestry on or after 
May 1, 1996, elects the option provided in section 17851, subsection 8-A and pays to 
COMMITTEE AMENDMENT 
C'4 
';s 
cr: 
COMMITTEE AMENDMENT "~,, to H.P. 588, L.D. 837 
the State Employee and Teacher Retirement Program an increased employee payroll 
contribution in an amount that equals the full actuarial cost of electing that option; or 
B. The person was first employed as a forest ranger in the former Department of 
Conservation or the Department of Agriculture, Conservation and Forestry before 
May 1, 1996, elects the option provided in section 17851, subsection 8-A and pays to 
the State Employee and Teacher Retirement Program by single or periodic payment 
of a lump sum or by a combination of single and periodic payments the amount that 
equals the full actuarial cost of electing that option for service before that date. A 
person who requests calculation of the full actuarial cost, regardless of whether the 
person elects the option, must pay to the retirement system by single lump sum 
payment the reasonable administrative costs of determining the full actuarial costs. 
Payment of the fuIl actuarial cost related to service on or after May 1, 1996 is made 
as part of the employee payroll contribution. 
For the purpose of this subsection, "full actuarial cost" means that the person's payment 
or payments must fully offset any unfunded liability that would or does result from 
retirement under the option provided in section 17851, subsection 8-A and must fully 
fund the cost of the person's retirement prior to normal retirement age so that an 
additional employer contribution is not required. 
A person who makes the election provided in section 17851, subsection 8-A at any time 
after the date on which the person is first employed as a forest ranger in the fonner 
Department of Conservation or the Department of Agriculture, Conservation and Forestry 
must include interest at a rate to be set by the board not to exceed regular interest by 5 or 
more percentage points, applied as of the date on which the person was first employed in 
that capacity to the contributions the person would have paid or had picked up by the 
employer had the person elected that option at the date of first employment. 
This subsection is effective May 1, 1996. Election to retire under this subsection is a 
one-time irrevocable election. A person who was first employed as a forest ranger in the 
former Department of Conservation or the Department of Agriculture, Conservation and 
Forestry on or after May 1, 1996 must make the election no later than 90 days after the 
date of first employment. A person who was first employed in that capacity before May 
1, 1996 must make the election no later than January 1, 1997. 
Sec. D-4. 7 MRSA §2171, sub-§I-A, as enacted by PL 1999, c. 790, Pt. A, §5 
and affected by §6, is amended to read: 
1-A. 
Fees established by rule. 
No later thafl December 31, 1999, the The 
Commissioner of Agriculture, Food afld R~ral Resources Conservation and Forestry shall 
provisioRally adopt rules in accordance with Title 5, chapter 375 to establish fees for 
licenses issued under this section. Rules adopted pursuant to this subsection are major 
substantive rules as defined in Title 5, chapter 375, subchapter H-A 2-A. Fees established 
by rules adopted Uftder this subsectioR may take effect RO earlier thaR 90 days after the 
adj ournrneRt of the SeCORd Regular SessioR of the 119th Legislature. 
Sec. D-S. 10 MRSA §94S-B, sub-§I, as amended by PL 2011, c. 655, Pt. EE, 
§14 and affected by §30, is further amended to read: 
1. Members. Members are the private individuals, partnerships, firms, corporations, 
govenunental entities and other organizations who pay dues to the center. 
For the 
COMMITTEE AMENDMENT 
elj 
·cs 
~ 
COMMITTEE AMENDMENT "A" to H.P. 588, L.D. 837 
purposes of this chapter, members may include, but are not limited to, municipal and 
county government, councils of government, local and area development corporations, 
regional planning commissions, development districts, state agencies, higher educational 
facilities, including the components of the University of Maine System, the Maine 
Maritime Academy, private colleges and postsecondary schools and community colleges, 
and other public or quasi-public entities. The following 8- 1 public organizations are 
granted membership by virtue of the State's contribution to the organization, and are 
exempt from dues requirements and each is entitled to designate one individual to 
exercise its voting right: 
the Department of Agriculture, food and R~ral Resourees 
Conservation and Forestry, the Governor's Office of Policy and Management, the Finance 
Authority of Maine, the Department of Labor, the Department of Conservation, the 
Department of Marine Resources, the Department of Economic and Community 
Development and the Department of Transportation. 
Sec. D-6. 12 MRSA §402, sub-§9, as enacted byPL 1983, c. 458, §1, is amended 
to read: 
9. Outstanding river stretches. Protect the special resource values of the flowing 
waters and shorelands of the State's most outstanding river stretches, as identified by the 
former Department of Conservation's 1982 Maine Rivers Study and as specifically 
delineated in this chapter. 
Sec. D-7. 12 MRSA §1893, as amended by PL 2007, c. 429, §1 and affected by 
§3, is further amended to read: 
§1893. Off-road Recreational Vehicle Office 
1. 
Office established. 
There is established within the bureau the Off-road 
Recreational Vehicle Division Office, referred to in this subchapter as the "division 
office." The division office includes the following. 
A. Within available funds, the snowmobile program shall develop and maintain 
snowmobile trails and provide educational and informational materials for the use of 
operators of snowmobiles. The bureau may charge a reasonable fee for such services 
and materials when the money credited to it under chapter 937 is insufficient to 
satisfy the demand for those services and materials. All fees collected must be 
deposited in the bureau's Snowmobile Trail Fund. The bureau shall administer the 
Snowmobile Trail Fund, and the snowmobile program's other activities must be 
conducted pursuant to subsection 3. The Snowmobile Trail Fund receives funding as 
provided in chapter 937 and Title 36, section 2903-D, subsection 2. 
B. The bureau shall administer the ATV Recreational Management Fund established 
under subsection 2 for the purposes given in that subsection and for the acquisition of 
land to be used for ATV trails. The bureau may adopt rules in accordance with Title 
5, chapter 375, subchapter 2 for the issuance of grants-in-aid from the fund and to 
further define alpine tundra areas pursuant to section 13001, subsection 4. Additional 
funding for the ATV Recreatiomil Management Fund is as provided in Title 36, 
section 2903-D, subsection 3. 
COMMITTEE AMENDMENT 
(Jj 
"a 
a: 
COMMITTEE AMENDMENT "A" to H.P. 588, L.D. 837 
2. ATV Recreational Management Fund. The ATV Recreational Management 
Fund, referred to in this subsection as "the fund," is established and administered by the 
department. 
A. The fund may be used to conduct research on issues related to the management of 
ATVs; assist in the formation of nonprofit ATV groups; make grants-in-aid to 
political subdivisions, educational institutions, regional planning agencies, ATV 
groups and others to construct and maintain A TV trails, to purchase equipment or to 
otherwise carry out the purposes of the fund; assist in the design and development of 
ATV trails; purchase, lease or otherwise acquire interests in land, including, but not 
limited to, fee or easement interests for ATV trails or sport-riding facilities; provide 
protection to landowners against ATV -related suit or liability; or otherwise provide 
for the wise and orderly management of ATV s. 
B. If any money in the fund is not expended during the year in which it is collected, 
the unexpended balance may not lapse, but must be carried as a continuing account 
available for the purposes specified until expended. 
3. Use offees. This subsection applies to the use of fees credited to the Snowmobile 
Trail Fund. 
A. The bureau is authorized to use the money credited to the Snowmobile Trail Fund 
to make grants-in-aid to political subdivisions, educational institutions, regional 
planning agencies, snowmobile groups and others for the construction and 
maintenance of snowmobile trails and for research, development and planning of 
snowmobile trails. 
(1) For all grants disbursed after July 1, 1984, the bureau shall adopt rules 
specifying how to apply for the grants, which projects are eligible and the 
fonnula for state support. 
(2) The bureau may charge a reasonable fee for these services and materials 
when the money credited to it under this paragraph is insufficient to satisfy the 
demand for the services and materials. All fees so collected must be deposited in 
the Snowmobile Trail Fund. 
(3) If any of the money is not expended during the year in which the money is 
collected, the unexpended balance does not lapse, but is carried as a continuing 
account available for the purposes specified until expended. 
B. The bureau is authorized to use money credited to the Snowmobile Trail Fund for 
snowmobile trail acquisition, including, but not limited to, the purchase or lease of 
real estate, grants to snowmobile clubs, municipalities and counties for the 
acquisition of snowmobile trail maintenance equipment and the acquisition of 
easements, construction, development, planning and maintenance and for providing 
educational and informational materials for the use of operators of snowmobiles and 
for research. 
C. The money distributed to municipalities by the bureau under this subsection may 
be appropriated by the municipalities for any purpose for which they may lawfully 
appropriate money. 
COMMITTEE AMENDMENT 
f:I$ 
'a-
~ 
COMMITTEE AMENDMENT 'A "to H.P. 588, L.D. 837 
D. By June 30th of each fiscal year, the State Controller shall transfer from the 
Snowmobile Trail Fund to the unappropriated surplus of the General Fund an amount 
equal to the tax exemption under Title 36, section 1760, subsection 90. 
Sec. D-8. 12 MRSA §1893-A, sub-§2, as amended by PL 2003, c. 414, Pt. B, 
§23 and affected by c. 614, §9, is further amended to read: 
2. Development of recreational management areas. An owner or operator of an 
excavation site proposing to develop a recreational management area and requesting a 
variance from reclamation standards under Title 38, section 490-E shall request the 
assistance of the division office. 
Upon receipt of a request for assistance, the division office shall assess the affected land 
for suitability for an all-terrain vehicle trail system. The division office shall advise the 
landowner of funding, technical assistance and other assistance available through the 
A TV Recreational Management Fund established in section 1893, subsections 2 and 3. 
When an initial assessment ofthe affected land indicates the area is appropriate for an all-
terrain vehicle trail system, the division office may assist the owner or operator in 
developing a plan and completing a variance application. 
Sec. D-9. 12 MRSA §8867-A, as enacted by PL 1997, c. 720, §2, is amended to 
read: 
§8867-A. Rulemaking 
No later than 
}-~ovember 1, 1998, the Commissioner of Conservation shall 
provisionally adopt rules in aeeordanee with Title 5, ehapter 375 The Commissioner of 
Agriculture, Conservation and Forestry may adopt rules to implement this subchapter. 
Rules adopted pursuant to this subchapter are major substantive rules as defined in Title 
5, chapter 375, subchapter II A and must be submitted to the Legislatare no later than 
January 1, 1999 forreview 2-A. 
The Commissioner of Agriculture, Conservation and Forestry shall consult with the 
Commissioner of Environmental Protection and the Commissioner of Inland Fisheries 
and Wildlife to ensure that ~ 
rules adopted under this subchapter are consistent with 
wildlife habitat and environmental protection. 
Sec. D-10. 12 MRSA §8867-B, as amended by PL 2003, c. 335, §2, is further 
amended to read: 
§8867-B. Regulation of timber harvesting activities in areas adjacent to rivers, 
streams, ponds, wetlands and tidal waters 
In accordance with the purposes of chapter 206-A and Title 38, chapter 3 and no later 
than Oetober 1,2003, the Commissioner of Agriculture, Conservation and Forestry shall 
adopt rules in accordance with Title 5, chapter 375 to establish performance standards for 
timber harvesting activities in areas adjacent to rivers, streams, ponds, wetlands and tidal 
waters. The rules must provide the maximum opportunity for flexibility that achieves the 
goal of protecting the public resources while minimizing the impact on private resources. 
The initial rules adopted pursuant to this section are routine technical rules as defined in 
Title 5, chapter 375, subchapter 2-A. Subsequent amendments to those rules are major 
substantive rules as defined in Title 5, chapter 375, subchapter 2-A. 
COMMITTEE AMENDMENT 
".I'J 
C); 
~ 
COMMITTEE AMENDMENT "ft" to H.P. 588, L.D. 837 
Sec. D-ll. 12 MRSA §10157, sub-§I, ~A, as amended by PL 2011, c. 576, §4, 
is further amended to read: 
A. l'fflH: Three ex officio members: 
(1) The commissioner or the commissioner's designee; 
(2) 
The Commissioner of Environmental Protection or the commissioner's 
designee; and 
(3) 
The Commissioner of Agriculture, Conservation and Forestry or the 
commissioner's designee; and 
(4) 
~he CSR'lR'lissisaer sf Agriculture F 
COR'lR'llssisaer's designee: 
' 
sod aad Rural Resources sr the 
Sec. D-12. 14 MRS A §159-C, sub-§2, as enacted by PL 1997, c. 739, §10, is 
amended to read: 
2. Limited liability. A lake association that has obtained a permit from the former 
Department of Conservation or the Department of AgricUlture, Conservation and Forestry 
to place navigational aid markers in great ponds is not liable for personal injury, property 
damage or death caused by placement or maintenance of those navigational aid markers 
provided that as long as the lake association has placed or maintained the markers in 
conformance with the tenns and conditions of the pennit. 
Sec. D-13. 35-A MRSA §3451, sub-§9, ~, as enacted by PL 2007, c. 661, Pt. 
A, §7, is amended to read: 
E. A segment of a scenic river or stream identified as having unique or outstanding 
scenic attributes listed in Appendix G of the "Maine Rivers Study" published by the 
former Department of Conservation in 1982; 
Sec. D-14. 36 MRS A §1l20, as enacted by PL 1987, c. 728, §10 and amended by 
PL 1997, c. 526, §14, is further amended to read: 
§1120. Program promotion 
The Department of Agriculture, Food aad Rural Resouroes Conservation and Forestry 
shall undertake an informational program designed to educate Maine citizens as to the 
existence of the farm and open space tax laws, which shall must include, but not be 
limited to, informing local farm organizations and associations of tax assessors about the 
law. 
By Jaauary 1, 1989, the The Department of Agriculture, Food aad Rural Resouroes 
Conservation and Forestry and the Bureau of Revenue Services shall produce written 
materials designed to inform municipal assessors, farmers and Maine citizens about the 
farm and open space tax program. 
These materials shall must be in a form that is 
attractive, easily understandable and designed to interest the public in the program. The 
department and the bureau shall ensure that these written materials are made available 
and distributed as widely as possible throughout the State. 
Sec. D-15. 38 MRS A §435, 2nd ~, as repealed and replaced by PL 1987, c. 815, 
§§ 1 and 11, is amended to read: 
COMMITTEE AMENDMENT 
""$ 
~ 
~ 
COMMITTEE AMENDMENT "A." to H.P. 588, L.D. 837 
It is further declared that, in accordance with Title 12, section 402, certain river and 
stream segments, as identified in the former Department of Conservation's 1982 Maine 
Rivers Study and as specifically delineated in section 437, are significant river segments 
and deserve special shoreland zoning controls designed to protect their natural and 
recreational features. 
Sec. D-16. 38 MRS A §446, as corrected by RR 1991, c. 2, §144, is amended to 
read: 
§446. Municipal ordinance review and certification 
Each municipality with shore lands along significant river segments, as identified in 
section 437, shall review the adequacy of the zoning on these shorelands to protect the 
special values cited for these river segments by the former Department of Conservation's 
1982 Maine Rivers Study and for consistency with the guidelines established under 
section 445. Prior to December 15, 1984, each such municipality shall certify to the 
Board of Environmental Protection either that its existing zoning for these areas is at least 
as restrictive as the guidelines established under section 445, or that it has amended its 
zoning for this purpose. This certification must be accompanied by the ordinances and 
zoning maps covering these areas. Failure to accomplish the purposes of this section 
results in adoption of suitable ordinances for these municipalities, as provided for in 
section 438-A. 
Sec. D-17. 38 MRSA §490-D, sub-§15, as enacted by PL 2001, c. 466, §10, is 
amended to read: 
15. Recreational management areas. An owner or operator may request a variance 
to develop a recreational management area on the affected land as an alternative to 
reclamation in accordance with subsection 14. The department may grant a variance 
under section 490-E if the Off-road Recreational Vehicle DivisioH: Office determines the 
site is suitable under Title 12, section 1893-A. 
Sec. D-18. 38 MRSA §991, 3rd ~, as enacted by PL 1987, c. 470, §2, is amended 
to read: 
The Legislature finds that the St. Croix River was identified as one of the State's most 
outstanding river stretches in the former Department of Conservation's 1982 Maine 
Rivers Study and is specifically designated for protection in Title 12, section 405. 
Sec. D-19. Maine Revised Statutes headnote amended; revision clause. In 
the Maine Revised Statutes, Title 12, chapter 220, subchapter 8, in the subchapter 
headnote, the words "off-road recreational vehicle division" are amended to read "off-
road recreational vehicle office" and the Revisor of Statutes shall implement this revision 
when updating, publishing or republishing the statutes. 
PARTE 
Sec. E-l. Appropriations and allocations. The following appropriations and 
allocations are made. 
AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF 
COMMITTEE AMENDMENT 
t:'". 
~ 
'\;t 
COMMITTEE AMENDMENT 'A "to H.P. 588, L.D. 837 
Land Management and Planning Z239 
Initiative: Reorganizes one Deputy Director, Parks and Lands position to one Director, 
Land for Maine's Future position. 
OTHER SPECIAL REVENUE FUNDS 
Personal Services 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Office of the Commissioner 0401 
2013-14 
($49,101) 
($49,101) 
2014-15 
($52,359) 
($52,359) 
Initiative: Reorganizes one Director, Agricultural Resource Development position to one 
Director, Agriculture, Food a.nd Rural Resources position. 
GENERAL FUND 
Personal Services 
GENERAL FUND TOTAL 
OTHER SPECIAL REVENUE FUNDS 
Personal Services 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2013-14 
$6,537 
$6,537 
2013-14 
$48,679 
$48,679 
2014-15 
$6,967 
$6,967 
2014-15 
$46,101 
$46,101 
Office of the Commissioner 0401 
Initiative: Reorganizes one Deputy Director, Parks and Lands position to one Director, 
Land for Maine's Future position. 
OTHER SPECIAL REVENUE FUNDS 
Personal Services 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Office of the Commissioner 0401 
2013-14 
$36,771 
$36,771 
2014-15 
$39,098 
$39,098 
Initiative: Reorganizes one Deputy Commissioner position to one Natural Resource 
Economic Development Specialist position. 
GENERAL FUND 
Personal Services 
2013-14 
($6,537) 
COMMITTEE AMENDMENT 
2014-15 
($6,967) 
COMMITTEE AMENDMENT ,~" to H.P. 588, L.D. 837 
GENERAL FUND TOTAL 
($6,537) 
($6,967) 
Office of the Commissioner 0401 
Initiative: Reorganizes one Director, Geology, Natural Areas and Coastal Resources 
position to one Director, Resource Information and Land Use Planning position. 
OTHER SPECIAL REVENUE FUNDS 
Personal Services 
OTHER SPECIAL REVENUE FUNDS TOTAL 
AGRICULTURE, CONSERVATION AND 
FORESTRY, DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL - ALL FUNDS 
SUMMARY 
2013-14 
$15,865 
$15,865 
2013-14 
$0 
$52,214 
$52,214 
This amendment is the majority report. It strikes and replaces the bill. 
Part A: 
2014-15 
$16,198 
$16,198 
2014-15 
$0 
$49,038 
$49,038 
1. Expands the mission statement of the Department of Agriculture, Conservation and 
Forestry to more accurately reflect the mission of the department; 
2. Amends the principles that guide the department in the performance of its duties; 
3. Eliminates one of 2 deputy commissioner positions and creates the position of 
natural resource marketing and economic development specialist within the office of the 
Commissioner of Agriculture, Conservation and Forestry; 
4. Specifies the qualifications of the Commissioner of Agriculture, Conservation and 
Forestry; 
5. Reorganizes the department's divisions and units into 4 bureaus; 
6. Establishes the position of the director of the Land for Maine's Future program 
within the Department of Agriculture, Conservation and Forestry, Bureau of Resource 
Information and Land Use Planning; 
7. Clarifies the intent of the Legislature regarding the incorporation of statutory 
language and removes contingent repeal language; and 
COMMITTEE AMENDMENT 
C"jj 
~ 
cr: 
COMMITTEE AMENDMENT 'ft" to H.P. 588, L.D. 837 
8. Requires the commissioner to provide written reports to the Joint Standing 
Committee on Agriculture, Conservation and Forestry on both November 1, 2013 and 
February 1,2014. 
Part B: 
1. Corrects a conflict created when Public Law 2011, chapter 682 amended and 
chapter 655 repealed the Maine Revised Statutes, Title 12, section 685-C, subsection 1, 
paragraph B by repealing paragraph B and enacting a new paragraph B-1 based on 
chapter 682; 
2. Corrects a conflict created when Public Law 2011, chapter 655 amended and 
chapter 682 repealed Title 12, section 685-C, subsection 1, paragraph C by repealing that 
paragraph; 
3. Changes references in Title 23, section 3360-A, subsection 5-1, paragraph A to the 
Maine Land Use Regulation Commission by referring to it as the former commission and 
adds references to the new Maine Land Use Planning Commission to implement the 
intent of Public Law 2011, chapter 682, section 38; and 
4. Corrects a conflict created when Public Law 2011, chapter 653 amended and 
chapter 682 repealed Title 38, section 488, subsection 9 by repealing that subsection. 
Part C makes the following changes: 
1. Public Law 2011, chapter 657, Part V reorganizes the Department of Agriculture, 
Food and Rural Resources and the Department of Conservation into one department, the 
Department of Agriculture, Conservation and Forestry. Pursuant to Part W of that public 
law, the Bureau of Geology and Natural Areas within the former Department of 
Conservation is renamed the Division of Geology and Natural Areas. In Public Law 
2011, chapter 655, Part KK, section 14, the bureau is renamed the Bureau of Geology, 
Natural Areas and Coastal Resources. This Part corrects that conflict by combining the 
action of both public laws and renaming the agency the Division of Geology, Natural 
Areas and Coastal Resources; 
2. A reference to the Maine Land Use Regulation Commission is corrected to reflect 
the changed name of that agency pursuant to Public Law 2011, chapter 682; and 
3. This Part also updates references to the former departments and makes corrections 
in punctuation and usage. 
Part D makes the following changes: 
l. Public Law 2011, chapter 657, Part V reorganizes the Department of Agriculture, 
Food and Rural Resources and the Department of Conservation into one department, the 
Department of Agriculture, Conservation and Forestry. 
This Part makes changes to 
reflect that reorganization in sections where various technical corrections were required, 
as follows: 
A. Language is added to allow the law to apply to actions taken by both the former 
Department of Conservation and the new department; 
B. Obsolete language and references to past dates are removed and technical changes 
are made; 
COMMITTEE AMENDMENT 
t4 
1t 
tt! 
COMMITTEE AMENDMENT'~ "to H.P. 588, L.D. 837 
C. Reference to one of the departments where both appear is eliminated and a 
technical change is made; 
D. The word "former" is added to a reference to a past publication of the Department 
of Conservation; 
E. Reference to one of the commissioners where both appear is eliminated and a 
technical change is made; and 
F. The reorganization of a bureau within the Department of Conservation to a 
division within the new department is implemented and what had been the Off-road 
Recreational Vehicle Division within that bureau is designated as the Off-road 
Recreational Vehicle Office. 
Part E adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/04113 
,;t;vaC!. 
LD837 
LR545(02) 
An Act To Clarify the Laws Establishing the Department of Agriculture, Conservation and Forestry 
Fiscal Note for Bill as Amended by Committee Amendment ,A, L H -3 3 ciJ 
Committee: Agriculture, Conservation and Forestry 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2013-14 
$0 
$0 
$52,214 
FY 2014-15 
$0 
$0 
$49,038 
Projections 
FY 2015-16 
$0 
$0 
$50,509 
Projections 
FY 2016-17 
$0 
$0 
$52,024 
This legislation reorganizes several positions within the Department of Agriculture, Conservation and Forestry. The 
bill includes a net Other Special Revenue Funds allocation to the department of $52,214 in fiscal year 2013-14 and 
$49,038 in fiscal year 2014-15. 
LR0545(02) - Fiscal Note - Page 1 of 1