An Act to Authorize a General Fund Bond Issue to Promote the Design, Development and Maintenance of Trails for Outdoor Recreation and Active Transportation
Maine Legislature, Session 131, LD 1156
Committee: Appropriations and Financial Affairs
Sponsors: FAY, BLACK, HENDERSON, KUHN, LANDRY, MILLETT, PLUECKER, SOBOLESKI, BENNETT, INGWERSEN

Legislative Document
No. 1156
H.P. 728
House of Representatives, March 14, 2023
An Act to Authorize a General Fund Bond Issue to Promote the 
Design, Development and Maintenance of Trails for Outdoor 
Recreation and Active Transportation
Reference to the Committee on Appropriations and Financial Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative FAY of Raymond.
Cosponsored by Senator BLACK of Franklin and
Representatives: HENDERSON of Rumford, KUHN of Falmouth, LANDRY of Farmington, 
MILLETT of Waterford, PLUECKER of Warren, SOBOLESKI of Phillips, Senators: 
BENNETT of Oxford, INGWERSEN of York.
Preamble.  Two thirds of both Houses of the Legislature deeming it necessary in 
accordance with the Constitution of Maine, Article IX, Section 14 to authorize the issuance 
of bonds on behalf of the State of Maine to provide funds as described in this Act,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  Authorization of bonds.  The Treasurer of State is authorized, under the 
direction of the Governor, to issue bonds in the name and on behalf of the State in an 
amount not exceeding $30,000,000 for the purposes described in section 5 of this Act.  The 
bonds are a pledge of the full faith and credit of the State.  The bonds may not run for a 
period longer than 10 years from the date of the original issue of the bonds.
Sec. 2.  Records of bonds issued; Treasurer of State. The Treasurer of State 
shall ensure that an account of each bond is kept showing the number of the bond, the name 
of the successful bidder to whom sold, the amount received for the bond, the date of sale 
and the date when payable.
Sec. 3.  Sale; how negotiated; proceeds appropriated.  The Treasurer of State 
may negotiate the sale of the bonds by direction of the Governor, but no bond may be 
loaned, pledged or hypothecated on behalf of the State.  The proceeds of the sale of the 
bonds, which must be held by the Treasurer of State and paid by the Treasurer of State 
upon warrants drawn by the State Controller, are appropriated solely for the purposes set 
forth in this Act.  Any unencumbered balances remaining at the completion of the project 
in this Act lapse to the Office of the Treasurer of State to be used for the retirement of 
general obligation bonds.
Sec. 4.  Interest and debt retirement.  The Treasurer of State shall pay interest 
due or accruing on any bonds issued under this Act and all sums coming due for payment 
of bonds at maturity.
Sec. 5.  Disbursement of bond proceeds from General Fund bond issue.  The 
proceeds of the sale of the bonds authorized under this Act must be expended as designated 
in the following schedule under the direction and supervision of the agencies and entities 
set forth in this section.
DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY
Bureau of Parks and Lands
Provides funds for a program, to be known as the Maine Trails Program, in order to 
leverage at least $6,000,000 in matching contributions from public and private sources 
to be used for the design, development and maintenance of nonmotorized, motorized and 
multi-use trails statewide. No more than $7,500,000 may be expended in the first year 
by the Bureau of Parks and Lands and no more than $7,500,000 may be expended by the 
Bureau of Parks and Lands in each of the 3 subsequent years, except that any unused 
balance may be added to the specified amount in subsequent years.
Total 
$30,000,000
Sec. 6.  Disbursement of bond proceeds.  The proceeds of the bonds for the 
program as set out in section 5 must be expended by the Department of Agriculture, 
Conservation and Forestry for design, development and maintenance of nonmotorized, 
motorized and multi-use trails, trailheads and trailside amenities statewide in accordance 
with the following requirements:
1.  Funds must be awarded by a competitive grant process to municipalities, other 
qualified subdivisions of State Government and nonprofit organizations;
2.  Approximately 30% of the funds must be expended in support of nonmotorized 
trails, 20% in support of motorized trails and 50% in support of multi-use trails used for 
recreation or active transportation; 
3.  Priority must be given to projects that follow sustainable design standards and 
incorporate accessibility and inclusive design standards;
4. Projects must demonstrate access to at least 20% matching contributions, which may 
include the value of project-related, in-kind contributions of goods and services to and by 
cooperating entities;
5.  Trails funded in whole or in part by this program must be publicized for public use. 
Trails on private property must have use agreements for the longest period practicable that 
are mutually agreed upon by the landowner and trail stewards; and
6. Projects must demonstrate support from entities such as state agencies, 
municipalities, nonprofit organizations, trail user groups, businesses and the public.
Proposed projects may include requests to fund road maintenance to ensure trail access, 
as well as funding to ensure public access through acquisition of easements or fee simple 
title, although these are not primary purposes of the bond funds. 
Funding from this program may be used as match for federal grant programs related to 
outdoor recreation, including but not limited to the land and water conservation fund 
established pursuant to the federal Land and Water Conservation Fund Act of 1965 and the 
federal recreational trails program, administered in the State by the Department of 
Agriculture, Conservation and Forestry, Bureau of Parks and Lands. In such cases, the bond 
requirement for local match may be waived.
Up to 3% of funding per annum may be used by the Department of Agriculture, 
Conservation and Forestry to administer this program. 
Up to 1% of funding per annum may be awarded as planning grants to aid local project 
partners in developing sustainable trail plans for future development and renovation 
projects.
The Department of Agriculture, Conservation and Forestry shall work with the 
Department of Transportation in evaluating and making grant decisions on proposals that 
would advance the Department of Transportation's statewide active transportation plan.
The Department of Agriculture, Conservation and Forestry shall work with the 
Department of Economic and Community Development, municipalities, nonprofit 
organizations and other entities to promote awareness, use and maintenance of publicly 
accessible trails funded pursuant to the competitive grant process to enhance their 
economic, public health and user benefits.
Sec. 7.  Contingent upon ratification of bond issue.  Sections 1 to 6 do not 
become effective unless the people of the State ratify the issuance of the bonds as set forth 
in this Act.
Sec. 8.  Appropriation balances at year-end.  At the end of each fiscal year, all 
unencumbered appropriation balances representing state money carry forward.  Bond 
proceeds that have not been expended within 10 years after the date of the sale of the bonds 
lapse to the Office of the Treasurer of State to be used for the retirement of general 
obligation bonds.
Sec. 9.  Bonds authorized but not issued.  Any bonds authorized but not issued 
within 5 years of ratification of this Act are deauthorized and may not be issued, except 
that the Legislature may, within 2 years after the expiration of that 5-year period, extend 
the period for issuing any remaining unissued bonds for an additional amount of time not 
to exceed 5 years.
Sec. 10.  Referendum for ratification; submission at election; form of 
question; effective date.  This Act must be submitted to the legal voters of the State at 
a statewide election held in the month of November following passage of this Act.  The 
municipal officers of this State shall notify the inhabitants of their respective cities, towns 
and plantations to meet, in the manner prescribed by law for holding a statewide election, 
to vote on the acceptance or rejection of this Act by voting on the following question:
"Do you favor a $30,000,000 bond issue to invest in the design, 
development and maintenance for nonmotorized, motorized and multi-
use trails statewide, to be matched by at least $6,000,000 in private and 
public contributions?"
The legal voters of each city, town and plantation shall vote by ballot on this question 
and designate their choice by a cross or check mark placed within a corresponding square 
below the word "Yes" or "No."  The ballots must be received, sorted, counted and declared 
in open ward, town and plantation meetings and returns made to the Secretary of State in 
the same manner as votes for members of the Legislature.  The Governor shall review the 
returns.  If a majority of the legal votes are cast in favor of this Act, the Governor shall 
proclaim the result without delay and this Act becomes effective 30 days after the date of 
the proclamation.
The Secretary of State shall prepare and furnish to each city, town and plantation all 
ballots, returns and copies of this Act necessary to carry out the purposes of this 
referendum.
SUMMARY
The funds provided by this bond issue, in the amount of $30,000,000, will be used to 
provide funds to the Department of Agriculture, Conservation and Forestry, Bureau of 
Parks and Lands for the design, development and maintenance of nonmotorized, motorized 
and multi-use trails statewide.