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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 | | 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 | | these employees must be provided as under Title 30-A, section | | 4453. |
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