LD 2096
pg. 1
LD 2096 Title Page Resolve, to Promote the Interests of the People of Maine when Public Funds are ... Page 2 of 2
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LR 3346
Item 1

 
Sec. 1. Convening working group. Resolved: That the Director of the
State Planning Office, within the Executive Department, shall
convene a working group to develop a set of principles to be
addressed when any agency of the State is considering a
conservation easement to be acquired in whole or in part with
state funding. The director shall invite the Department of
Agriculture, Food and Rural Resources, the Department of
Conservation, the Department of Inland Fisheries and Wildlife,
the Office of the Attorney General, the Atlantic Salmon
Commission and members of the Joint Standing Committee on
Agriculture, Conservation and Forestry to participate in the
working group; and be it further

 
Sec. 2. Process to be developed by working group. Resolved: That the working
group created pursuant to section 1 shall develop a process to be
used by state agencies involved in negotiating any conservation
easement to be acquired with state funds. The process must
include provisions for:

 
1. Legal review by the Attorney General or the Attorney
General's designee; and

 
2. Public comment on a proposed easement. The working group
shall identify a process for the release of information to the
public, including a description of the proposed project, a
summary of provisions to be included in the easement, a draft of
the proposed easement, a public hearing on the draft to be held
at a location to encourage participation by residents in the area
of the project, and public notice with an address and deadline
for submitting comments on the proposed easement. In developing
this process, the working group shall make recommendations
regarding the protection of information to preserve the State's
negotiating position; and be it further

 
Sec. 3. Criteria for easements to be developed by working group. Resolved: That the
working group created pursuant to section 1 shall develop
criteria for acquiring public access rights when acquiring
interest in a property using state funds. For easements in which
the right to harvest timber is retained by the landowner, the
criteria must include, at a minimum, the right of the public to
use the property for traditional, nonmotorized recreation
including fishing, hiking, hunting, snowshoeing and nature
observation.

 
The working group shall develop model language to be used for
negotiating a major conservation easement when state funds are
used to acquire the easement. When the right to harvest timber
is retained by the landowner, the model language must provide
that the forest be managed to maintain the property's potential
to provide fiber and timber and that forest management


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