An Act Concerning Timber Harvesting on Public Lands and in State Parks, Historic Sites and the Restricted Zone of the Allagash Wilderness Waterway
Maine Legislature, Session 129, LD 1540
Committee: Agriculture, Conservation and Forestry
Sponsors: DUNPHY, DILL, HICKMAN, MAXMIN, O'NEIL, PLUECKER, BLACK, DAVIS
Amends: 12 MRSA §1801, 12 MRSA §1807, 12 MRSA §1817, 12 MRSA §1826, 12 MRSA §1833, 12 MRSA §1834, 12 MRSA §1848, 12 MRSA §1853, 12 MRSA §1880

Legislative Document
No. 1540
H.P. 1123
House of Representatives, April 11, 2019
An Act Concerning Timber Harvesting on Public Lands and in 
State Parks, Historic Sites and the Restricted Zone of the Allagash 
Wilderness Waterway
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative DUNPHY of Old Town.
Cosponsored by Senator DILL of Penobscot and
Representatives: HICKMAN of Winthrop, MAXMIN of Nobleboro, O'NEIL of Saco, 
PLUECKER of Warren, Senators: BLACK of Franklin, DAVIS of Piscataquis.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §1801, sub-§4-B is enacted to read:
4-B.  Forest products.  "Forest products" has the same meaning as in section 8881, 
subsection 3.
Sec. 2.  12 MRSA §1807, as amended by PL 2017, c. 289, §1, is further 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 the most recent physical forest inventory, as 
long as the harvesting level is also consistent with this chapter, 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. 3.  12 MRSA §1817, sub-§§5 and 6, as enacted by PL 1997, c. 678, §13, are 
amended to read:
5.  Acquisition of parks.  The location and probable cost of acquisition, development 
and operation of parks that if acquired, developed and operated under this chapter could 
satisfy such needs; and
6.  Public purposes of parks to meet recreation needs.  The public purposes to 
which such parks or portions of parks might be put.;
Sec. 4.  12 MRSA §1817, sub-§6-A is enacted to read:
6-A.  Forest products.  The State's actual and potential forest inventory status and 
needs, including the need of the people of the State for a sawmill or other forest products 
processing or manufacturing facility to be located in the State. The bureau shall work 
with the Bureau of Forestry in carrying out the provisions of this subsection; and
Sec. 5.  12 MRSA §1826, sub-§§5 and 6 are enacted to read:
5.  Contract, contractor requirements.  If the State contracts with another entity to 
perform the harvesting or other related activities, including skidding, processing, loading 
or trucking, the contract must be based on stumpage sale and the contractor must be an 
established business located in the State.  The entity with which the State contracts under 
this subsection must possess current certification as a master logger by a logger 
certification program recognized by the Bureau of Forestry, and must have provided 
during the bidding process evidence of ownership of at least 50% of the equipment and 
motor vehicles to be used to fulfill the contract.  A contractor under this subsection shall 
provide or verify workers' compensation coverage consistent with the requirements of 
Title 39-A for every individual involved in fulfilling the contract.
6.  Forest products harvested from state parks and historic sites.  Forest products 
harvested from a state park or historic site must be used at the state park or historic site or 
sold to a sawmill or other forest products processing or manufacturing facility located in 
the State to be processed or used in manufacturing at that facility.
Sec. 6.  12 MRSA §1826, as enacted by PL 1997, c. 678, §13 and amended by PL 
2011, c. 657, Pt. W, §7 and PL 2013, c. 405, Pt. A, §24, is further amended by adding at 
the end a new paragraph to read: 
The bureau shall adopt rules to carry out the provisions of this section.  Rules adopted 
pursuant to this section are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A.
Sec. 7.  12 MRSA §1833, sub-§1, as enacted by PL 1997, c. 678, §13 and 
amended by PL 2011, c. 657, Pt. W, §7 and PL 2013, c. 405, Pt. A, §24, is further 
amended to read:
1.  Purpose.  The bureau shall manage nonreserved public lands in a manner 
consistent with Legislature declares that it is in the public interest and for the general 
benefit of the people of the State that title, possession and the responsibility for the 
management of nonreserved public lands be vested and established in the bureau acting 
on behalf of the people of the State and that the nonreserved public lands be managed 
under the principles of multiple use and shall to produce a sustained yield of products and 
services in accordance with both prudent and fair business practices and the principles of 
sound planning and to demonstrate exemplary land management practices, including 
silvicultural, wildlife and recreational practices, that reflect state policies governing 
management of forested and related types of lands.
Sec. 8.  12 MRSA §1834, sub-§5 is enacted to read:
5.  Severed timber and other forest products.  Severed timber or other forest 
products taken or harvested under this subchapter may be sold only to a sawmill or other 
forest products processing or manufacturing facility located in the State to be processed 
or used in manufacturing at that facility.
Sec. 9.  12 MRSA §1848, sub-§5 is enacted to read:
5.  Severed timber and other forest products.  Severed timber or other forest 
products taken or harvested under this subchapter may be sold only to a sawmill or other 
forest products processing or manufacturing facility located in the State to be processed 
or used in manufacturing at that facility.
Sec. 10.  12 MRSA §1853, sub-§1, ¶H, as amended by PL 2017, c. 362, §4, is 
further amended 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, any person who conducted 
harvesting under this paragraph and the sawmill or other forest products processing 
or manufacturing facility located in the State to which the forest products derived 
from the harvesting were delivered; 
Sec. 11.  12 MRSA §1880, sub-§1, as amended by PL 2003, c. 452, Pt. F, §3 and 
affected by Pt. X, §2 and amended by PL 2011, c. 657, Pt. W, §7 and PL 2013, c. 405, Pt. 
A, §24, is further amended to read:
1.  Restricted zone; timber harvesting.  Timber harvesting operations are not 
permitted within the restricted zone, except:
A.  By direction of the bureau for the purpose of maintaining healthy forest 
conditions; or
B.  By direction of the bureau for the purpose of correcting situations arising from 
natural disasters.
The provisions of section 1826, subsections 5 and 6 relating to timber harvesting in state 
parks and historic sites apply to timber harvesting in the restricted zone.
SUMMARY
This bill amends and enacts provisions regarding the Department of Agriculture, 
Conservation and Forestry, Bureau of Parks and Lands' management of timber harvesting 
on state property under its jurisdiction, including:
1. Requiring the bureau to report on the State's actual and potential forest inventory 
status and needs, including the need for a sawmill or other forest products processing 
facility to be located in the State;
2. Requiring contractors harvesting timber at state parks, historic sites and the 
restricted zone in the Allagash Wilderness Waterway to be established businesses in the 
State and to meet other requirements;
3. Requiring forest products harvested or collected from state parks, historic sites, 
public lands or the restricted zone in the Allagash Wilderness Waterway, unless used by 
the state parks, historic sites or Allagash Wilderness Waterway, to be sold to a sawmill or 
other forest products processing or manufacturing facility located in the State to be 
processed or manufactured at the facility;
4. Declaring that it is in the public interest and for the general benefit of the people of 
the State that title, possession and the responsibility for the management of nonreserved 
public lands be vested and established in the bureau acting on behalf of the people of the 
State and that the lands be managed to demonstrate exemplary land management 
practices, including silvicultural, wildlife and recreational practices, that reflect state 
policies governing management of forested and related types of lands; and
5. Requiring that the annual report dealing with public reserved lands identify persons 
who conduct timber harvesting on the lands and the sawmill or other forest products 
processing or manufacturing facility located in the State to which the forest products 
derived from the harvesting were delivered.