Sec. 5. 12 MRSA §1836, sub-§1, as enacted by PL 1997, c. 678, §13, is amended to read:

1. Authority to acquire lands. The bureau with the consent of the Governor and the commissioner may acquire lands or interests in lands on behalf of the State to be managed as nonreserved public lands. The bureau may not acquire land or interest in land unless the landowner conveying the land or interest in land also conveys rights guaranteeing public vehicular access to the parcel of land when the landowner has that legal right to convey. The bureau shall deliver to the State Archives within a reasonable period of time after their creation or acquisition the originals of all deeds, planbooks and surveyors' field and chainage notes, and any other materials the preservation of which it considers necessary, relating to the ownership, location and management of nonreserved public lands described in this subchapter.

Sec. 6. 12 MRSA §1850, sub-§1, as enacted by PL 1997, c. 678, §13, is amended to read:

1. Authority to acquire lands. With the consent of the Governor and the commissioner, the bureau may acquire lands or interests in lands on behalf of the State to be managed as public reserved lands. The bureau may not acquire land or interest in land unless the landowner conveying the land or interest in land also conveys rights guaranteeing public vehicular access to the parcel of land when the landowner has that legal right to convey. The bureau shall deliver to the State Archives within a reasonable period of time after their creation or acquisition the originals of all deeds, planbooks and surveyors' field and chainage notes, and any other materials the preservation of which it considers necessary, relating to the ownership, location and management of public reserved lands described in this subchapter.

Sec. 7. 12 MRSA §1893-A is enacted to read:

§1893-A.__Recreational management areas

1. Definitions.__As used in this section, the following terms have the following meanings.

A.__"Excavation" means an excavation for borrow, topsoil, clay or silt, whether alone or in combination.

B.__"Recreational management area" means an area formerly used for excavation on which trails that have been designed for all-terrain vehicle use are developed and on which recreational use by the public is allowed.

2. Development of__recreational management areas.__An owner or operator__of an excavation site proposing to develop a recreational management area and requesting a variance from reclamation standards under Title 38, section 490-E shall request the assistance of the division.

Upon receipt of a request for assistance, the division shall assess the affected land for suitability for an all-terrain vehicle trail system.__The division shall advise the landowner of funding, technical assistance and other assistance available through the ATV Recreation Management Fund established in section 7854, subsection 4, paragraph B.__When an initial assessment of the affected land indicates the area is appropriate for an all- terrain vehicle trail system, the division may assist the owner or operator in developing a plan and completing a variance application.

Sec. 8. 12 MRSA §7652, sub-§1, ķA, as amended by PL 1989, c. 493, §49, is further amended to read:

A. The commissioner may acquire in the name of the State, by gift, bequest or otherwise, real and personal property for the location, construction and convenient operation of a wildlife management area or public access sites to inland or coastal waters. The commissioner may not acquire land or interest in land unless the landowner conveying the land or interest in land also conveys rights guaranteeing public vehicular access to the parcel of land when the landowner has that legal right to convey.

Sec. 9. 38 MRSA §490-D, sub-§14, as amended by PL 1995, 700, §24, is further amended by amending the first paragraph to read:

14. Reclamation. The Except as provided in subsection 15, the affected land must be restored to a condition that is similar to or compatible with the conditions that existed before excavation. Reclamation should be conducted in accordance with

the department's best management practices for erosion and sediment control, and must include:

Sec. 10. 38 MRSA §490-D, sub-§15 is enacted to read:

15.__Recreational management areas.__An owner or operator may request a variance to develop a recreational management area on the affected land as an alternative to reclamation in accordance with subsection 14.__The department may grant a variance under section 490-E if the Off-road Recreational Vehicle Division determines the site is suitable under Title 12, section 1893-A.

Sec. 11. 38 MRSA §490-E, as amended by PL 1995, c. 700, §25, is further amended by adding after the 2nd paragraph a new paragraph to read:

When an owner applies for a variance to allow an excavation to be reclaimed as a pond of 10 acres or greater in size, the department may grant the variance only if the owner demonstrates that public access to the pond is ensured.__The requirement for public access may be met by existing public rights or by granting an easement or other right including a right to travel a reasonable distance by foot to a designated area of the shoreline.

Sec. 12. Committee to Study Access to Private and Public Lands in Maine.

1. Committee membership; chairs. The legislative members appointed to the Committee to Study Access to Private and Public Lands in Maine pursuant to Joint Order 1999, House Paper 1951 shall continue to serve on that committee. The legislators serving as chairs shall continue to serve in that capacity.

2. Meetings. The chairs shall call and convene the first meeting of the committee within 30 days of adjournment of the First Regular Session of the 120th Legislature. The committee shall hold not more than 4 meetings.

3. Duties. The committee shall fulfill all the duties required by Joint Order 1999, House Paper 1951 and shall:

A. Determine the status of public access to flowed lakes in the State;

B. Review and report on the issue of the division and sale of land by timber companies and the private acquisition of large tracts of undeveloped land surrounding the State's great ponds;

C. Consider policy options to promote continued access to public and private land; and

D. Work with the Department of Inland Fisheries and Wildlife and the Maine Forest Service to develop a map that shows significant areas in the State where public access is restricted, prohibited or permitted with the payment of a fee.

4. Report. The committee shall submit its report, together with any recommended implementing legislation, to the Joint Standing Committee on Agriculture, Conservation and Forestry not later than December 5, 2001. If the committee requires an extension of time to make its report, it may apply to the Legislative Council, which may grant the extension.

5. Staff assistance. Upon approval of the Legislative Council, the Office of Policy and Legal Analysis shall provide staffing assistance to the committee.

6. Compensation. Members of the committee are entitled to receive the legislative per diem as defined in the Maine Revised Statutes, Title 3, section 2 and reimbursement for travel and other necessary expenses related to their attendance at authorized meetings of the committee.

7. Budget. The chairs of the committee, with the assistance from the committee staff, shall administer the committee's budget. The committee may not incur expenses exceeding its approved budget. Upon request from the committee, the Executive Director of the Legislative Council shall promptly provide the committee and its staff with a status report on the committee's budget, expenditures incurred and remaining available funds.

Sec. 10. Appropriation. The following funds are appropriated from the General Fund to carry out the purposes of this Act.

2001-02

LEGISLATURE

Committee to Study Access to Private and

Public Lands in Maine

Personal Services $1,100

All Other 4,900

Provides funds for the per diem and expenses of legislative members of the Committee to Study Access to Private and Public Lands in Maine and to print the required report.

LEGISLATURE ________

TOTAL $6,000

FISCAL NOTE

2001-02

APPROPRIATIONS/ALLOCATIONS

General Fund $6,000

The Legislature will require an additional General Fund appropriation of $6,000 in fiscal year 2001-02 for the per diem and expenses of legislative members of the Committee to Study Access to Private and Public Lands in Maine and to print the required report.

The additional costs associated with providing staffing assistance to the committee during the interim between legislative sessions can be absorbed by the Legislature utilizing existing budgeted resources. If an extension of the reporting deadline is granted and the committee requires staffing assistance during the legislative session, the Legislature may require an additional General Fund appropriation to contract for staff services.

The Department of Inland Fisheries and Wildlife, the Department of Conservation and the State Planning Office within the Executive Department will incur some minor additional costs to comply with ensuring that certain access requirements are met when acquiring public lands. These costs can be absorbed within the agencies' existing budgeted resources.

The Department of Environmental Protection will incur some minor additional costs to grant certain variances from certain permitting requirements. These costs can be absorbed within the department's existing budgeted resources.

SUMMARY

This bill implements the recommendations of the Committee to Study Access to Private and Public Lands in Maine. The Joint Standing Committee on Agriculture, Conservation and Forestry is authorized to report out legislation under Joint Order 1999, H.P. 1951. The bill does the following.

It requires the Land for Maine's Future Board to include in its biennial report to the Legislature a description of access to acquisitions made;

It prohibits the Land for Maine's Future Board, the Department of Conservation, Bureau of Parks and Lands and the Department of Inland Fisheries and Wildlife from acquiring land or interest in land without rights guaranteeing public access by vehicle to the land when the landowner has the rights to convey.

It allows an owner or operator of a gravel pit or excavation site to receive a variance from reclamation standards required by the Department of Environmental Protection when that owner or operator, working with the Off-road Recreational Vehicle Division within the Department of Conservation, designs or develops a satisfactory plan for a recreational management area.

It reauthorizes the committee and directs it to continue its work with a final report date of December 5, 2001.