Chapter 146
S.P. 497 - L.D. 1419
An Act To Implement the Recommendations of the Allagash Wilderness Waterway Working Group
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, Governor John E. Baldacci established the Allagash Wilderness Waterway Working Group by executive order in June 2006 and the recommendations of the working group were presented to the Governor on February 8, 2007; and
Whereas, certain recommendations will aid in the long-term governance, management and oversight structure for this vital resource and will help to bring stability, peace and prestige to its management; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Sec. 1. 5 MRSA §12004-I, sub-§3-D is enacted to read:
| Conservation | Allagash Wilderness Waterway Advisory Council | Expenses/Legislative per diem | 12 MRSA §1891 |
Sec. 2. 12 MRSA §1874, as enacted by PL 1997, c. 678, §13, is amended to read:
§ 1874. Administration
The bureau shall administer the waterway under this subchapter, with the exception of powers to control activities previously delegated by law to the department's Bureau of Forestry, the Department of Inland Fisheries and Wildlife and the Board of Environmental Protection. The director shall create technical committees as needed to advance the waterway's purposes.
Sec. 3. 12 MRSA §1891 is enacted to read:
§ 1891. Allagash Wilderness Waterway Advisory Council; established
There is established the Allagash Wilderness Waterway Advisory Council, referred to in this section as "the council," pursuant to Title 5, section 12004-I, subsection 3-D.
The members shall annually elect a chair from among the members. The chair is responsible for scheduling, preparing the agenda of and presiding at meetings.
Sec. 4. 12 MRSA §1891-A is enacted to read:
§ 1891-A. Allagash Wilderness Waterway Permanent Endowment Fund
The Treasurer of State shall establish a dedicated, nonlapsing account called the Allagash Wilderness Waterway Permanent Endowment Fund and shall manage the account as a state-held trust. Subject to the approval of the Governor, the commissioner may accept funds from any source and may accept gifts in trust to be credited to the Allagash Wilderness Waterway Permanent Endowment Fund, except that a gift may not be accepted with any encumbrances or stipulations as to the use of the gift. Interest earned on investments in the fund must be credited to the fund. With the advice of the Allagash Wilderness Waterway Advisory Council under section 1891, the director may expend money from the fund for purposes consistent with section 1871 and an approved waterway management plan.
Sec. 5. 12 MRSA §1891-B is enacted to read:
§ 1891-B. Reporting
The commissioner shall report on or before March 1st of each year to the joint standing committee of the Legislature having jurisdiction over conservation matters regarding the state of the waterway, including its mission and goals, administration, education and interpretive programs, historic preservation efforts, visitor use and evaluation, ecological conditions and any natural character enhancements, general finances, income, expenditures and balance of the Allagash Wilderness Waterway Permanent Endowment Fund, the department's annual budget request for the waterway operation in the coming fiscal year and current challenges and prospects for the waterway.
Sec. 6. Management as separate region. The Department of Conservation shall administer and manage the Allagash Wilderness Waterway as a separate region within the Bureau of Parks and Lands.
Sec. 7. Staggered terms. Notwithstanding the Maine Revised Statutes, Title 12, section 1891, subsection 4 and in order to ensure a certain level of continuity of service on the Allagash Wilderness Waterway Advisory Council, the Commissioner of Conservation shall, in making the initial appointments for the advisory council, appoint 2 members to 3-year terms, 2 members to 4-year terms and 2 members to 5-year terms. The legislative committee approval requirements of Title 12, section 1891, subsection 3 apply to initial and subsequent appointments. An initial term of 3 or 4 years is considered a full term for purposes of calculating the term limitation in Title 12, section 1891, subsection 4.
Sec. 8. Appropriations and allocations. The following appropriations and allocations are made.
CONSERVATION, DEPARTMENT OF
Parks - General Operations 0221
Initiative: Allocates funds for the per diem of the Allagash Wilderness Waterway Advisory Council.
| OTHER SPECIAL REVENUE FUNDS | 2007-08 | 2008-09 |
|
All Other
|
$1,925 | $1,925 |
 |
|
|
| OTHER SPECIAL REVENUE FUNDS TOTAL | $1,925 | $1,925 |
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.