An Act To Support Tourism on Public Reserved Lands by Leasing Sites to Commercial Sporting Camps
Maine Legislature, Session 128, LD 1126
Committee Amendment CA_A_H417 (House)
Amends: 12 MRSA §1847

COMMITTEE AMENDMENT "A" to H.P. 789, L.D. 1126, Bill, "An Act To 
Support Tourism on Public Reserved Lands by Leasing Sites to Commercial Sporting 
Camps" 
Amend the bill by striking out the title and substituting the following: 
'An Act Relating to the Use and Leasing of Public Reserved Lands I 
Amend the bill by inserting after the title and before the enacting clause the 
following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, bear hunting begins on August 28th and the bear baiting season begins on 
July 29th and ce1iain clarifications in law relating to the placement of bait on public 
reserved lands need to be made before this season begins to avoid confusion and to 
ensure that persons who make a living as bear hunting guides are not negatively affected; 
and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessaiy for the preservation of the public peace, health and safety; now, 
therefore,' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 12 MRSA §1847, sub-§5 is enacted to read: 
5. Bear baiting permitted. The bureau shall adopt rules permitting bear baiting on 
public reserved lands consistent with its land management responsibilities. The rules 
must permit bear baiting at sites that are accessible by road and sites that are not 
accessible by road but are accessible by water. Rules adopted under this subsection are 
routine technical rules as described in Title 5, chapter 375, subchapter 2-A. 
COMMITTEE AMENDMENT 
COMMI1TEE AMENDMENT "f) "to H.P. 789, L.D. 1126 
Sec. 2. Amendment of bear baiting rules; permits. Within 120 days of the 
effective date of this Act, the Department of Agriculture, Conservation and Forestry, 
Bureau of Parks and Lands shall amend its rules governing bear baiting on public lands, 
adopted pursuant to its general responsibilities under the Maine Revised Statutes, Title 
12, section 1802, to conf01m to the specific requirements of Title 12, section 1847, 
subsection 5. The bureau shall issue a permit to place bear bait on public reserved land at 
a site not accessible by road but accessible by water to any licensed Maine guide who 
applies in 2017 for such a permit if the applicant held such a permit for that site in 2016 
and has not since become ineligible to obtain a permit to place bear bait on public 
reserved land, unless the bureau finds there is a valid land management reason for not 
issuing such a permit. If the bureau makes that finding, it must provide the licensed 
Maine guide a written explanation of that reason. If the pe1mit is denied for a valid land 
management reason, the bureau shall work with the applicant to seek to find a suitable 
alternative site that meets the needs of the applicant. 
Sec. 3. Law governing lease of certain land in T16 R6. This section governs 
the leasing of ce1tain public reserved land in Township 16, Range 6. 
1. Definitions. As used in this section, the following terms have the following 
meanings. 
A. 
"Director" means the Director of the Bureau of Parks and Lands within the 
Depaitment of Agriculture, Conservation and Forest1y. 
B. "Class A restaurant" has the same meaning as in the Maine Revised Statutes, Title 
28-A, section 2, subsection 15, paragraph R. 
C. "Cunent lease" means the leasehold interest current as of the effective date of this 
Act in the spotting camp lot. 
D. "Sporting camp lot" means the public reserved land in Township 16, Range 6 that, 
current as of the effective date of this Act, is the subject of a lease from the State to 
Eagle Lake Spotting Camps. 
2. Renewal of current lease for 30 years. Notwithstanding the Maine Revised 
Statutes, Title 12, section 1852, subsection 5 or any other provision of law to the 
contrary, the director shall amend the current lease to change the term from 15 years to 30 
years. All other terms of the lease remain the same. The director shall issue a new lease 
incorporating this change. 
3. Renewal options. Notwithstanding the Maine Revised Statutes, Title 12, section 
1852, subsection 5 or any other provision of law to the contra1y, the leasehold interest in 
the spotting camp lot may be renewed for successive terms of 30 years each in 
accordance with the following. 
A. The lessee may request a renewal under this subsection at any time during the 1 O 
calendar years prior to the end of the term of any then-existing 30-year lease. 
B. The director shall renew the lease if the land continues to be used for a year-round 
spotting camp or Class A restaurant and lodge open to the public and if the lessee is 
in compliance with all terms and conditions of the lease and all other applicable laws 
and rules of the State. The director, upon receiving a request under paragraph A, 
must, within a reasonable time, either grant the renewal in accordance with this 
COMMITTEE AMENDMENT 
COMMITrEE AMENDMENT '11" to H.P. 789, L.D. 1126 
subsection or explain to the leaseholder the reasons why the conditions of this 
paragraph have not been met. 
C. A renewal granted under this subsection commences at the end of the tenn of the 
then-existing lease. 
4. Transfer. The director may authorize, on reasonable terms and conditions, a 
transfer of the leasehold interests in the sporting camp lot to another entity if the Eagle 
Lake Sporting Camps business is sold to another entity, as long as the sale of the business 
is at an appraised fair market value and the sporting camp lot continues to be used for a 
year-round spotiing camp or Class A restaurant and lodge open to the public, as specified 
in the lease agreement, and the transferee agrees to comply with all terms and conditions 
of the lease and all other applicable laws and rules of the State. 
This section takes effect 90 days after the adjournment of the First Regular Session of 
the 128th Legislature.' 
Amend the bill by inse1iing at the end before the summary the following: 
'Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved, except as otherwise indicated.' 
SUMMARY 
This amendment replaces the bill and changes the title to reflect the content of the 
amendment. 
Current law does not expressly address bear baiting on public reserved lands. The 
Department of Agriculture, Conservation and Forestry, Bureau of Parks and Lands has 
adopted rules under its general authority to manage public lands to provide a permitting 
system for bear baiting on public lands. The rules do not specifically address bear baiting 
at sites that are not accessible by road but are accessible by water. The bureau has 
recently determined that pennits will no longer be issued for sites accessible by water. 
This amendment requires the bureau to amend its rules expressly to permit bear 
baiting at sites that are not accessible by road but are accessible by water. It also requires 
the bureau to issue a permit to place bear bait at a site not accessible by road but 
accessible by water to any licensed Maine guide who applies in 2017 for such a permit if 
0 
the applicant held such a permit for that site in 2016 and has not become ineligible for 
such a permit, unless the bureau finds there is a valid land management reason placement 
of bait at the site is no longer feasible and the bureau provides the applicant a written 
explanation of that reason. If the permit is denied for a valid land management reason, 
the bureau must work with the applicant to seek to find a suitable alternative site that 
meets the needs of the applicant. 
This amendment directs the Director of the Bureau of Parks and Lands within the 
Department of Agriculture, Conservation and Forestry to issue a revised lease of land in 
Township 16, Range 6 current as of the effective date of this Act from the State to Eagle 
Lake Sp01iing Camps, that changes its te1m from 15 years to 30 years, notwithstanding 
the limitation in cunent law for such leases to be no longer than 15 years. 
The 
amendment also provides for successive renewals for terms of 3 0 years each as long as 
the land continues to be used for a year-round spotiing camp or Class A restaurant and 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT "}i" to H.P. 789, L.D. 1126 
lodge open to the public, as specified in the lease agreement, and the lessee complies with 
all other te1ms and conditions of the lease and all other applicable laws and rules of the 
State. The lessee may request such a 30-year renewal during the 10 calendar years prior 
to the end of the term of any then-existing lease. A renewal commences at the end of the 
term of the then-existing lease. The director is also authorized to allow, on reasonable 
terms and conditions, a transfer of the leasehold interests to another entity if the Eagle 
Lake Sporting Camps business is sold to another entity, as long as the sale of the business 
is at an appraised fair market value and the leased land continues to be used for a 
year-round spotting camp or Class A restaurant and lodge open to the public, as specified 
in the lease agreement, and the transferee agrees to comply with all terms and conditions 
of the lease and all other applicable laws and rules of the State. 
This amendment also adds an emergency preamble and emergency clause to the bill, 
but the provisions relating to the Eagle Lake Sporting Camps take effect 90 days after the 
adjournment of the First Regular Session of the 128th Legislature. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 06/01/17 feac:. 
LD 1126 
LR 1454(02) 
An Act To Support Tourism on Public Reserved Lands by Leasing Sites to Commercial Sporting 
Camps 
Fiscal Note for Bill as Amended by Committee Amendment 'A' ( H ,. q. \ '1 \ 
Fiscal Detail and Notes 
Committee: Agriculture, Conservation and Forestry 
-
~ 
Fiscal Note Required: Yes 
Fiscal Note 
Future biennium revenue increase - Other Special Revenue Funds 
Minor cost increase - General Fund 
Any additional costs to Department of Agriculture, Conservation and Forestry from amending the rnles regarding bear 
baiting on public reserved lands to include sites that are accessed by water only are anticipated to be minor and can be 
absorbed within budgeted resources. Provisions in the bill that amend lease terms of certain parcels of public reserved 
land would result in an increase in Other Special Revenue Funds revenue. The amount of revenue received will not 
be known until the current lease is renewed. 
LR1454(02) - Fiscal Note - Page 1 of 1