An Act To Implement the Recommendations of the Commission To Study the Public Reserved Lands Management Fund
Maine Legislature, Session 128, LD 0586
Committee: Agriculture, Conservation and Forestry
Sponsors: SAVIELLO
Amends: 12 MRSA §1807, 12 MRSA §1808, 12 MRSA §1849, 12 MRSA §1853, 12 MRSA §1859

Legislative Document
No. 586
S.P. 201
In Senate, February 16, 2017
An Act To Implement the Recommendations of the Commission To 
Study the Public Reserved Lands Management Fund
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator SAVIELLO of Franklin.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §1807, as enacted by PL 2015, c. 267, Pt. FF, §1, is amended to 
read: 
§1807.  Sustainable harvest level 
Except as provided in this section, timber harvesting on public reserved lands and 
nonreserved public lands may not exceed in total an average of 160,000 cords per year 
over any 3-year period.  If an independent timber inventory conducted after July 1, 2015 
establishes a different sustainable harvest, the department, upon recommendation from 
staff within the bureau based on opinions of silvicultural experts in public reserved lands 
management and data from the most recent physical forest inventory, may adopt by rule a 
different harvesting level consistent with that the most recent physical forest inventory, as 
long as the harvesting level is also consistent with multiple use objectives, existing 
management plans and the department's most recent integrated resource policy for public 
reserved and nonreserved public lands, state parks and state historic sites.  Rules adopted 
pursuant to this section are major substantive rules as defined in Title 5, chapter 375, 
subchapter 2-A and must be reviewed by the joint standing committee of the Legislature 
having jurisdiction over public reserved and nonreserved public lands matters. 
Sec. 2.  12 MRSA §1808 is enacted to read: 
§1808.  Forest inventory timeline established 
The department shall conduct a detailed forest inventory of the State's public reserved 
lands and nonreserved public lands by March 15, 2018 and every 5 years thereafter. 
Sec. 3.  12 MRSA §1849, sub-§2, as enacted by PL 1997, c. 678, §13, is amended 
to read: 
2.  Fund established.  All income received by the director from the public reserved 
lands, except income provided for in section 1855, must be deposited with the Treasurer 
of State to be credited to the Public Reserved Lands Management Fund, which is 
established as a nonlapsing fund.  Any interest earned on this money must also be 
credited to the fund. No expenditure may be made from the fund other than for the 
bureau's general operating purposes with respect to management of the public reserved 
lands unless the fund has a cash operating balance of at least $2,500,000 at the start of the 
fiscal year during which the expenditure is made. 
Sec. 4.  12 MRSA §1853, sub-§1, ¶F, as amended by PL 2007, c. 564, §2; PL 
2011, c. 657, Pt. W, §7; and PL 2013, c. 405, Pt. A, §24, is further amended to read: 
F.  The status of ecological reserves including the acreage of reserved public land 
designated as ecological reserves, results of monitoring, scientific research and other 
activities related to the bureau's ecological reserves; and 
Sec. 5.  12 MRSA §1853, sub-§1, ¶G, as enacted by PL 2007, c. 564, §2, is 
amended to read: 
G.  A description of any changes in allowed uses of the public reserved lands, 
including the acreage affected and the reason for the change.; and 
Sec. 6.  12 MRSA §1853, sub-§1, ¶H is enacted to read: 
H.  A breakdown of growth based on the most recent physical forest inventory and of 
harvest in each region of any public reserved lands units established by the bureau, 
identifying any harvesting that occurred during the preceding fiscal year in individual 
management units where harvest exceeds annual growth. 
Sec. 7.  12 MRSA §1859 is enacted to read: 
§1859.  Funding for educational programs related to logging 
1.  Legislative findings.  Whereas expenditures from the Public Reserved Lands 
Management Fund established under section 1849, subsection 2 must be consistent with 
the public trust limitations embodied in the Constitution of Maine, Article X; and the 
Constitution of Maine, Article X designates the public lots for the benefit of the schools 
in this State; and educating new loggers in the State will help to ensure that the public 
reserved lands continue to be managed to demonstrate exemplary land management 
practices, the Legislature declares that authorizing grants under this section is consistent 
with the Legislature's responsibility as trustee. 
2.  Educational grant program established; eligibility.  The bureau shall establish, 
maintain and administer an educational grant program, referred to in this section as “the 
grant program,” and an application system for the grant program to allow an eligible 
public secondary and public postsecondary educational program to apply for an 
educational grant under the grant program.  Only an educational program at a public 
secondary or public postsecondary educational institution that is related to logging, 
referred to in this section as “an eligible educational program,” is eligible to receive 
funding under the grant program. 
3.  Grants; source of funds; limits.  An approved eligible educational program may 
receive a one-time grant of up to $50,000 from the grant program.  The source of the 
funds for the grants is the Public Reserved Lands Management Fund established under 
section 1849, subsection 2.  Total distributions from the Public Reserved Lands 
Management Fund under the grant program may not exceed $300,000. 
4.  Permitted use of funding.  An eligible educational program that receives a grant 
under the grant program may use the grant in more than one year if such an extended use 
is approved by the bureau during the application process.  Grants received through the 
grant program may be used only for educational purposes, including but not limited to 
upgrading existing logging equipment.  Any grants issued to an eligible educational 
program must supplement, not supplant, existing school funding. 
5.  Participation of regional managers.  The bureau shall include managers of any 
regional public reserved lands units established by the bureau in the process established 
for approving the distribution of funds to eligible educational programs under the grant 
program and shall ensure that the managers are involved with, or have the option to be 
involved with, any eligible educational program that receives funding through the grant 
program. 
6.  Rulemaking.  The bureau shall adopt rules to carry out the purposes of this 
section.  Rules adopted pursuant to this subsection are routine technical rules as defined 
in Title 5, chapter 375, subchapter 2-A. 
Sec. 8.  Identification of areas of insufficient access to public reserved 
lands.  The Bureau of Parks and Lands within the Department of Agriculture, 
Conservation and Forestry shall identify areas where the State does not currently have 
deeded access to the State's public reserved lands.  The bureau shall direct regional 
foresters in the bureau who are familiar with the physical landscape of the identified areas 
and with the landowners involved to develop goals and priorities regarding increased 
access to the State's public reserved lands, and the bureau shall submit their findings to 
the joint standing committee of the Legislature having jurisdiction over public reserved 
lands matters by March 1, 2019 in the annual report dealing with public reserved lands 
submitted pursuant to the Maine Revised Statutes, Title 12, section 1853. 
Sec. 9.  Statewide priority lists of recreational infrastructure projects and 
Americans with Disabilities Act projects.  The Bureau of Parks and Lands within 
the Department of Agriculture, Conservation and Forestry shall develop a statewide 
priority list of recreational infrastructure projects for the State's public reserved lands and 
a statewide priority list of projects under the federal Americans with Disabilities Act of 
1990 for the State's public reserved lands.  The bureau shall present the priority lists to 
the joint standing committee of the Legislature having jurisdiction over public reserved 
lands matters by March 1, 2019 in the annual report dealing with public reserved lands 
submitted pursuant to the Maine Revised Statutes, Title 12, section 1853.  After receipt of 
the lists, the joint standing committee of the Legislature having jurisdiction over public 
reserved lands matters shall hold a meeting for the purpose of obtaining public input on 
the statewide priority lists. 
Sec. 10.  Review of bid process.  The Bureau of Parks and Lands within the 
Department of Agriculture, Conservation and Forestry shall review its bid process for 
timber harvesting and road construction projects, including any liability concerns related 
to the bid process.  The bureau shall report to the joint standing committee of the 
Legislature having jurisdiction over public reserved lands matters with any recommended 
changes to the bid process by March 15, 2018. 
Sec. 11.  Appropriations and allocations.  The following appropriations and 
allocations are made. 
AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF 
Land Management and Planning Z239 
Initiative: Provides an allocation for educational grants to programs related to logging at 
public secondary or public postsecondary educational institutions. 
Land Management and Planning Z239 
Initiative: Provides an allocation for STA-CAP costs. 
Land Management and Planning Z239 
Initiative: Provides an allocation to develop infrastructure projects to comply with the 
federal Americans with Disabilities Act of 1990 for the State's public reserved lands. 
Land Management and Planning Z239 
Initiative: Provides an allocation to conduct a detailed forest inventory of the State's 
public reserved lands and nonreserved public lands. 
OTHER SPECIAL REVENUE FUNDS 
2017-18
2018-19
All Other 
$300,000
$0
OTHER SPECIAL REVENUE FUNDS TOTAL 
$300,000
$0
OTHER SPECIAL REVENUE FUNDS 
2017-18
2018-19
All Other 
$3,250
$0
OTHER SPECIAL REVENUE FUNDS TOTAL 
$3,250
$0
OTHER SPECIAL REVENUE FUNDS 
2017-18
2018-19
All Other 
$50,000
$0
OTHER SPECIAL REVENUE FUNDS TOTAL 
$50,000
$0
OTHER SPECIAL REVENUE FUNDS 
2017-18
2018-19
All Other 
$65,000
$0
OTHER SPECIAL REVENUE FUNDS TOTAL 
$65,000
$0
AGRICULTURE, CONSERVATION AND 
FORESTRY, DEPARTMENT OF 
DEPARTMENT TOTALS 
2017-18
2018-19
OTHER SPECIAL REVENUE FUNDS 
$418,250
$0
DEPARTMENT TOTAL - ALL FUNDS 
$418,250
$0
SUMMARY 
This bill implements the recommendations of the Commission To Study the Public 
Reserved Lands Management Fund. 
The bill establishes additional guidelines that must be followed by the Department of 
Agriculture, Conservation and Forestry before it may adopt any rule that would make 
changes to the annual allowable harvesting level for public reserved lands and 
nonreserved public lands.  The bill directs the department to conduct a detailed forest 
inventory of the State's public reserved lands and nonreserved public lands by March 15, 
2018 and every 5 years thereafter. 
The bill prohibits any expenditures from the Public Reserved Lands Management 
Fund other than for the general operations of the Bureau of Parks and Lands within the 
department with respect to management of public reserved lands, unless the fund has at 
least $2,500,000 at the start of the fiscal year.  The bill requires the bureau's annual report 
dealing with public reserved lands to include a breakdown of growth based on the most 
recent physical forest inventory and of harvest in each region of any public reserved lands 
units established by the bureau, identifying any harvesting that occurred during the 
preceding fiscal year in individual management units where harvest exceeds annual 
growth. 
The bill directs the bureau to establish an educational grant program to provide one-
time grants to eligible public secondary and postsecondary institutions for educational 
programs related to logging.  Funding for the grants comes from the Public Reserved 
Lands Management Fund. 
The bill directs the bureau to identify areas where the State does not currently have 
deeded access to the State's public reserved lands.  The bill also requires the bureau to 
direct regional foresters in the bureau who are familiar with the physical landscape and 
landowners to develop goals and priorities regarding increased access to the State's public 
reserved lands and requires the bureau to submit their findings to the joint standing 
committee of the Legislature having jurisdiction over public reserved lands matters by 
March 1, 2019. 
The bill directs the bureau to develop a statewide priority list of recreational 
infrastructure projects for the State's public reserved lands and a statewide priority list of 
projects under the federal Americans with Disabilities Act of 1990 for the State's public 
reserved lands.  The priority lists must be presented to the joint standing committee of the 
Legislature having jurisdiction over public reserved lands matters by March 1, 2019.  
After receipt of the lists, the joint standing committee is required to hold a meeting for the 
purpose of obtaining public input related to the lists. 
Finally, the bill directs the bureau to review its bid process for timber harvesting and 
road construction projects, including any liability concerns related to the bid process.  
The bureau is directed to report to the joint standing committee of the Legislature having 
jurisdiction over public reserved lands matters with any recommended changes to the bid 
process by March 15, 2018.  The bill also provides allocations for educational grants, 
infrastructure projects and a detailed forest inventory.