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of all or any part of the State's right, title and interest in and | to no more than 15 acres of submerged and intertidal lands owned by | the State, and located on the westerly side of the Kennebec River | between the southerly side of the Carlton Bridge and a point 2 | miles southerly of the Carlton Bridge, in order to construct, | improve, modernize or expand a shipbuilding facility, is necessary | to ensure the long-term survival of the shipbuilding industry in | this State, to preserve numerous opportunities for jobs for the | people of this State, to make the State more competitive in the | shipbuilding industry and thus to ensure the preservation and | betterment of the economy of the State for the benefit of its | people and the Legislature further finds that the grant or lease | will benefit a class of persons much greater than the certified | applicant and that the impact, if any, on the public trust in what | remains would be minimal and that the foregoing benefits to the | State and its people resulting from the conveyance or lease far | exceed any impact on the public trust in submerged and intertidal | lands. |
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| | 2. Conveyance by State. The State is authorized to lease to | a certified applicant for a period of up to 5 years or until a | qualified investment of $150,000,000 is made, whichever is | sooner, all or any part of the State's right, title and interest | in the submerged and intertidal lands not exceeding 15 acres | located as described in subsection 1 as necessary or convenient | for the certified applicant to construct, improve, modernize or | expand a shipbuilding facility. At the end of the lease period, | the State is authorized to convey to a certified applicant the | same property that was leased. The conveyance must be made for | consideration equal to the fair market value of submerged lands | at the time of conveyance. The provisions of Title 12, chapters | 202 and 202-A and 220 do not apply to any conveyance or lease. | Failure on the part of the certified applicant to purchase any | submerged or intertidal lands under this subsection does not | relieve the certified applicant of liability for violation of any | state or federal environmental laws or regulations or local | ordinances affecting submerged or intertidal lands during the | lease period. |
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| | Sec. 57. 38 MRSA §342, sub-§7, as amended by PL 1997, c. 296, §10, is | further amended to read: |
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| | 7. Representation in court. The commissioner may authorize | certified employees of the department to serve civil process and | represent the department in District Court in the prosecution of | violations of those laws enforced by the department and set forth | in Title 4, section 152, subsection 6 6-A. Certification of | these employees must be provided as under Title 30-A, section | 4453. |
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