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An Act To Clarify the Laws Establishing the Department of Agriculture, Conservation and Forestry
Be it enacted by the People of the State of Maine as follows:
PART A
Sec. A-1. 2 MRSA §6, sub-§3, as amended by PL 2011, c. 657, Pt. Y, §2, is further amended to read:
 
3. Range 89.   The salaries of the following state officials and employees are within salary range 89:
Sec. A-2. 2 MRSA §6, sub-§5, as amended by PL 2011, c. 657, Pt. Y, §3, is further amended to read:
 
5. Range 86.   The salaries of the following state officials and employees are within salary range 86:
Sec. A-3. 5 MRSA §933, sub-§1, ¶O, as amended by PL 2011, c. 1, Pt. F, §1, is repealed.
Sec. A-4. 5 MRSA §933, sub-§1, ¶P, as enacted by PL 2009, c. 552, §6, is amended to read:
 
P. Director, Division of Animal and Plant Health.;
Sec. A-5.  5 MRSA §933, sub-§1, ¶¶Q to S  are enacted to read:
 
Q.  Natural Resource Marketing and Economic Development Specialist;
 
R.  Director, Bureau of Agriculture, Food and Rural Resources; and
 
S.  Director, Bureau of Resource Information and Land Use Planning.
Sec. A-6. 5 MRSA §935, sub-§1, as amended by PL 2011, c. 655, Pt. KK, §3 and affected by §34 and amended by c. 657, Pt. W, §§5 and 7 and c. 682, §38, is further amended to read:
 
1. Major policy-influencing positions.   The following positions are major policy-influencing positions within the Department of Agriculture, Conservation and Forestry. Notwithstanding any other provision of law, these positions and their successor positions are subject to this chapter:
 
B.  Deputy Commissioner;
 
C. Director, DivisionBureau of Forestry;
 
D.  Director, Bureau of Geology, Natural Areas and Coastal Resources;
 
E. Executive Director, Maine Land Use Planning Commission;
 
F. Director, DivisionBureau of Parks and Public Lands;
 
G.  Deputy Director, Division of Parks and Public Lands;
 
I. Assistant to the Commissioner for Public Information;
 
J. Assistant to the Commissioner; and
 
K. State Supervisor, Forest Fire Operations.
Sec. A-7.  7-A MRSA §101, sub-§2-A  is enacted to read:
 
2-A.  Foodways.     "Foodways" means the cultural, social and economic practices related to the production and consumption of food.
Sec. A-8.  7-A MRSA §201-A  is enacted to read:
§ 201-A. Local food and rural economic development
It is the policy of this State to encourage food self-sufficiency for its citizens. The department shall support policies that:
 
1.  Local control.     Through local control preserve the ability of communities to produce, process, sell, purchase and consume locally produced foods;
 
2.  Small-scale farming and food production.     Ensure the preservation of family farms and traditional foodways through small-scale farming and food production;
 
3.  Improved health and well-being.     Improve the health and well-being of citizens of this State by reducing hunger and increasing food security through improved access to wholesome, nutritious foods by supporting family farms and encouraging sustainable farming and fishing;
 
4.  Self-reliance and personal responsibility.     Promote self-reliance and personal responsibility by ensuring the ability of individuals, families and other entities to prepare, process, advertise and sell foods directly to customers intended solely for consumption by the customers or their families; and
 
5.  Rural economic development.     Enhance rural economic development and the environmental and social wealth of rural communities.
Sec. A-9. 7-A MRSA §202, as enacted by PL 2011, c. 657, Pt. V, §1 and affected by §2, is amended to read:
§ 202.Mission; guiding principles
 
1. Mission.   The mission of the department is to serve as thea steward of Maine's agricultural, forestry, water and landand natural resources for the State. The department shall implement public policy that:
 
A.  Supports the work of citizens who derive their livelihood through agricultural, conservation and forest-based interests and supports those who enjoy parks and conservation lands;
 
B.  Through education, technical assistance, research, regulation and land conservation, promotes and protects the public health, the well-being of domestic animals, wise land usage and the preservation of the State's key conservation assets; and
 
C.  Assists in creating added value for land-derived and forest-derived products as well as creating outdoor-based recreational experiences for local, national and international markets.
 
2. Guiding principles.   The following principles are adopted to guide the department in the performance of its duties:
 
A. Forestry, farming, conservation, public lands and other natural resource-based economic activity are important to the State's economy and quality of life; and
 
A-1.  The State's rural jobs and multifaceted natural resources are at the same time a rich heritage to be carefully passed to successive generations and an evolving economic engine driving the recreation, food and fiber components of the State’s workplaces;
 
B. Strengthening farming, forestry, conservation, recreation, state parks, public lands and public access to the State's natural resources is vital to enhancing the State's natural resources economy.; and
 
C.  The State's land and water are the common denominators for fresh, locally grown food, processed food, horticulture, livestock, sustainably managed forest products and the State's internationally recognized outdoor recreation and conservation areas.
Sec. A-10. 7-A MRSA §203, sub-§1, as enacted by PL 2011, c. 657, Pt. V, §1 and affected by §2, is amended to read:
 
1. Appointment.   The Governor shall appoint the commissioner, subject to review by the joint standing committee of the Legislature having jurisdiction over agriculture, conservation and forestry matters and confirmation by the Senate. The commissioner, who must be a person of recognized executive ability and who must possess training, knowledge or experience in agricultural production, conservation, forestry and natural resource management, serves at the pleasure of the Governor.
Sec. A-11. 7-A MRSA §203, sub-§2, as enacted by PL 2011, c. 657, Pt. V, §1 and affected by §2, is repealed.
Sec. A-12.  7-A MRSA §203, sub-§2-A  is enacted to read:
 
2-A.  Deputy; staff.     The commissioner shall appoint a deputy commissioner to assist the commissioner with the operations of the department. The commissioner shall also appoint a natural resource marketing and economic development specialist, who shall assist the commissioner in the identification and tracking of natural resource industry trends, who shall work with natural resource groups to identify value-added opportunities and who shall coordinate with other governmental agencies to help management to improve the sustainability of the State's agricultural resources and the long-term health of the State's agricultural, forestry and natural resource-based industries.
Sec. A-13. 7-A MRSA §204, first ¶, as enacted by PL 2011, c. 657, Pt. V, §1 and affected by §2, is amended to read:
The commissioner has all of the powers and duties necessary to carry out the mission and responsibilities of the department. The commissioner has the power to distribute the functions and duties given to the commissioner under this Title, Title 7 and Title 12 among the various divisionsbureaus of the department so as to integrate the work properly and to promote the most economical and efficient administration of the department. Powers and duties given to the commissioner or the department in this Title, Title 7 or Title 12 must be assumed and carried out by the divisionsbureaus that the commissioner designates and may in turn be delegated to subordinates by divisionbureau directors with the approval of the commissioner.
Sec. A-14. 7-A MRSA §204, sub-§4, as enacted by PL 2011, c. 657, Pt. V, §1 and affected by §2, is amended to read:
 
4. Appointments.   The deputy commissionerscommissioner and divisionbureau directors of the department are appointed by the commissioner and serve at the pleasure of the commissioner, except as otherwise provided by law. Deputy commissionersThe deputy commissioner and divisionbureau directors appointed pursuant to this Title must have educational qualifications and professional experience directly related to the functions of and services provided by the relevant unit or divisionbureau.
Sec. A-15. 7-A MRSA §205, as enacted by PL 2011, c. 657, Pt. V, §1 and affected by §2, is repealed.
Sec. A-16.  7-A MRSA §206  is enacted to read:
§ 206. Department organization; bureaus
The department is composed of the following bureaus, each of which is under the direction and supervision of a director:
 
1.  Bureau of Agriculture, Food and Rural Resources.     The Bureau of Agriculture, Food and Rural Resources, which is composed of the former Department of Agriculture, Food and Rural Resources and all associated units and programs;
 
2.  Bureau of Forestry.     The Bureau of Forestry, which is composed of the former Division of Forestry and all associated units and programs;
 
3.  Bureau of Parks and Lands.     The Bureau of Parks and Lands, which is composed of the former Division of Parks and Public Lands and all associated units and programs;
 
4.  Bureau of Resource Information and Land Use Planning.     The Bureau of Resource Information and Land Use Planning, which is composed of the Division of Land Use Planning, Permitting and Compliance, the Division of Geology, Natural Areas and Coastal Resources, the Land for Maine's Future Board, the units of municipal planning assistance and flood plain management and all other associated units and programs.
The commissioner shall appoint a director for each bureau, giving preference to existing directors or other staff from within the bureau.
Sec. A-17.  PL 2011, c. 657, Pt. V, §2  is amended to read:
Sec. V-2. Legislative intent. It is the intent of the Legislature that a bill submitted pursuant to Part W, section 4 that consolidates the Maine Revised Statutes, Title 7 and portions of Title 12 into Title 7-A be enacted into law by the 126th Legislatureto create a unified statutory framework for the laws administered by the Department of Agriculture, Conservation and Forestrythat incorporates the Maine Revised Statutes, Title 7-A and relevant portions of Title 12 into Title 7. If a bill submitted pursuant to Part W, section 4 has not been enacted into law by December 3, 2014, Title 7-A is repealed on that date.It is not the intent of the Legislature to require a complete recodification of Title 7.
Sec. A-18.  PL 2011, c. 657, Pt. V, §3  is repealed.
Sec. A-19.  PL 2011, c. 657, Pt. W, §4  is repealed.
Sec. A-20. Funding for the commissioner's office. Departmentwide indirect funding rates assessed to dedicated and federal funds may not exceed 13% and 29% for conservation and agriculture programs, respectively, for a 3-year period beginning July 1, 2013 and ending June 30, 2016.
Sec. A-21. Director, Land for Maine's Future program. The Commissioner of Agriculture, Conservation and Forestry shall hire a director of the Land for Maine's Future program as a staff position within the Department of Agriculture, Conservation and Forestry, Bureau of Resource Information and Land Use Planning.
Sec. A-22. Report. The Commissioner of Agriculture, Conservation and Forestry shall provide a written report on matters related to the reorganization of the former Department of Agriculture, Food and Rural Resources and the former Department of Conservation into the Department of Agriculture, Conservation and Forestry to the Joint Standing Committee on Agriculture, Conservation and Forestry by November 1, 2013. The commissioner shall provide an additional written report to the committee on these matters by February 1, 2014.
Sec. A-23. Maine Revised Statutes amended; revision clause.  Wherever in the Maine Revised Statutes the words "Division of Forestry" appear or reference is made to that entity or those words, those words are amended to read or mean, as appropriate, "Bureau of Forestry" or "bureau," and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.
Sec. A-24. Maine Revised Statutes amended; revision clause.  Wherever in the Maine Revised Statutes the words "Division of Parks and Public Lands" appear or reference is made to that entity or those words, those words are amended to read or mean, as appropriate, "Bureau of Parks and Lands" or "bureau," and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.
PART B
Sec. B-1. 12 MRSA §685-C, sub-§1, ¶B, as repealed by PL 2011, c. 655, Pt. JJ, §6 and affected by §41 and amended by c. 682, §21, is repealed.
Sec. B-2.  12 MRSA §685-C, sub-§1, ¶B-1  is enacted to read:
 
B-1.  After the commission has finalized a plan or a portion of a plan, but prior to adoption, the commission shall provide a copy to the Commissioner of Agriculture, Conservation and Forestry, who shall submit the finalized plan or a portion of the plan to the Governor for comments. The commissioner shall submit the finalized plan or a portion of the plan including the Governor's comments to the Legislature within 30 days after the convening of the next regular session for approval. The Legislature shall, by act or resolve, approve, disapprove or require changes to the plan or any portion of the plan prior to adjournment. If the plan or a portion of the plan is approved or the Legislature fails to act on the plan or a portion of the plan before adjournment, the plan or a portion of the plan may be finally adopted by the commission. If the plan or a portion of the plan is disapproved or revisions are required, the plan or a portion of the plan must be revised by the commission and resubmitted to the Legislature for approval by act or resolve. The joint standing committee of the Legislature having jurisdiction over conservation matters may submit legislation to implement the provisions of this paragraph.
Sec. B-3. 12 MRSA §685-C, sub-§1, ¶C, as amended by PL 2011, c. 655, Pt. JJ, §7 and affected by §41 and repealed by c. 682, §21, is repealed.
Sec. B-4. 23 MRSA §3360-A, sub-§5-I, ¶A, as enacted by PL 2011, c. 72, §4, is amended to read:
 
A. As used in this subsection, unless the context otherwise indicates, the following terms have the following meanings.
 
(1) "Lawfully expanded after March 1, 2011" means an expansion of a quarry or borrow pit after March 1, 2011:
 
(a) That requires an authorization, license, permit or variance issued by the Department of Environmental Protection pursuant to Title 38, chapter 3, article 6, 7 or 8-A or by the former Maine Land Use Regulation Commission or the Maine Land Use Planning Commission under Title 12, chapter 206-A and for which a valid authorization, license, permit or variance has been issued; or
 
(b) That requires a filing of a notice of intent to comply pursuant to Title 38, chapter 3, article 7 or 8-A and a complete filing has been made.
 
(2) "Lawfully located on March 1, 2011" means that on March 1, 2011 the quarry or borrow pit existed and:
 
(a) The owner or operator had been issued all authorizations, licenses, permits or variances by the Department of Environmental Protection pursuant to Title 38, chapter 3, article 6, 7 or 8-A or by the former Maine Land Use Regulation Commission under Title 12, chapter 206-A necessary to operate that quarry or borrow pit; and
 
(b) The quarry or borrow pit was in compliance with any applicable requirements of Title 38, chapter 3, article 7 or 8-A or with any applicable land use district standards of the former Maine Land Use Regulation Commission adopted under Title 12, chapter 206-A.
 
(3) "Lawfully located after March 1, 2011" means that the quarry or borrow pit is established after March 1, 2011 and:
 
(a) The owner or operator possesses all authorizations, licenses, permits or variances issued by the Department of Environmental Protection pursuant to Title 38, chapter 3, article 6, 7 or 8-A or by the former Maine Land Use Regulation Commission or the Maine Land Use Planning Commission under Title 12, chapter 206-A necessary to operate that quarry or borrow pit; and
 
(b) The quarry or borrow pit is in compliance with the requirements of Title 38, chapter 3, article 7 or 8-A or with applicable land use district standards of the former Maine Land Use Regulation Commission or the Maine Land Use Planning Commission adopted under Title 12, chapter 206-A.
 
(4) "Quarry" has the same meaning as in Title 38, section 490-W, subsection 17.
Sec. B-5. 38 MRSA §488, sub-§9, as amended by PL 2011, c. 653, §20 and affected by §33 and repealed by c. 682, §31 and affected by §40, is repealed.
PART C
Sec. C-1. 1 MRSA §25, as amended by PL 2011, c. 655, Pt. KK, §1 and affected by §34, is further amended to read:
§ 25.Topographic mapping
The BureauDepartment of Agriculture, Conservation and Forestry, Division of Geology, Natural Areas and Coastal Resources has charge of topographic mapping on behalf of the State. The BureauDivision of Geology, Natural Areas and Coastal Resources is authorized and directed to enter into such agreements with the Director of the United States Geological Survey as will ensure the progress of the work in an efficient and economical manner.
Sec. C-2. 5 MRSA §935, sub-§1, ¶D, as amended by PL 2011, c. 655, Pt. KK, §3 and affected by §34, is further amended to read:
 
D. Director, BureauDivision of Geology, Natural Areas and Coastal Resources;
Sec. C-3. 12 MRSA §541-A, as amended by PL 2011, c. 655, Pt. KK, §4 and affected by §34, is further amended to read:
§ 541-A.Division of Geology, Natural Areas and Coastal Resources
The BureauDivision of Geology, Natural Areas and Coastal Resources is established within the Department of Agriculture, Conservation and Forestry and is administered by the commissioner. The bureaudivision consists of the Maine Geological Survey, referred to in this chapter as the "survey," the Natural Areas Program and the Maine Coastal Program. The executive director of the bureau is the director of the survey.
Sec. C-4. 12 MRSA §549, as amended by PL 2011, c. 655, Pt. KK, §6 and affected by §34 and amended by c. 657, Pt. W, §7, is further amended to read:
§ 549.Jurisdiction
The BureauDivision of Geology, Natural Areas and Coastal Resources and the agencies having jurisdiction over state-owned lands have jurisdiction, as set forth in this subchapter, over all state-owned lands for the purpose of mineral development and mining on that land. The Bureau of Geology, Natural Areas and Coastal ResourcesResource Information and Land Use Planning and the agencies having jurisdiction over state-owned lands may make such rules as each considers proper with respect to the authority delegated pursuant to this subchapter.
Sec. C-5. 12 MRSA §549-A, sub-§2, as amended by PL 2011, c. 655, Pt. KK, §7 and affected by §34, is further amended to read:
 
2. Director of the survey.   "Director of the survey" means the Director of the Bureau of Geology, Natural Areas and Coastal ResourcesResource Information and Land Use Planning.
Sec. C-6. 12 MRSA §550-B, sub-§3, ¶A, as amended by PL 2011, c. 655, Pt. KK, §8 and affected by §34, is further amended to read:
 
A. Within 30 days after completion of any well or dry hole, or the enlarging or deepening of an existing well, a well drilling company shall submit a report to the BureauDivision of Geology, Natural Areas and Coastal Resources on forms designed and provided by the BureauDivision of Geology, Natural Areas and Coastal Resources. The report must contain information as may be required by the BureauDivision of Geology, Natural Areas and Coastal Resources, including, but not limited to, location, construction and well yield.
Sec. C-7. 12 MRSA §550-B, sub-§6, as amended by PL 2011, c. 655, Pt. KK, §9 and affected by §34, is further amended to read:
 
6. Information use.   Information collected by the BureauDivision of Geology, Natural Areas and Coastal Resources, Maine Geological Survey under this section is subject to Title 1, chapter 13, subchapter 1, unless the well drilling company to whom the information belongs or pertains requests that it be designated as confidential and the bureau has determined it contains proprietary information. For the purposes of this subsection, "proprietary information" means information that is a trade secret or production, commercial or financial information the disclosure of which would impair the competitive position of the person submitting the information and would make available information not otherwise publicly available. The BureauDivision of Geology, Natural Areas and Coastal Resources, Maine Geological Survey shall make information collected under this chapter available to any federal, state or municipal entity or authorized agent of such entity.
Sec. C-8. 12 MRSA §1835, sub-§1, ¶A, as amended by PL 2011, c. 655, Pt. KK, §10 and affected by §34, is further amended to read:
 
A. The first $20,000 in the aggregate of any money accruing from the alienation of rights to mine upon nonreserved public land, or other income arising out of mining operations, that is actually received during any fiscal year, and every portion thereof accruing from these mining operations, must be paid into the BureauDivision of Geology, Natural Areas and Coastal Resources.
Sec. C-9. 12 MRSA §1847, sub-§2, as amended by PL 2011, c. 655, Pt. JJ, §8 and affected by §41 and amended by c. 682, §38, is further amended to read:
 
2. Management plans.   The director shall prepare, revise from time to time and maintain a comprehensive management plan for the management of the public reserved lands in accordance with the guidelines in this subchapter. The plan must provide for a flexible and practical approach to the coordinated management of the public reserved lands. In preparing, revising and maintaining such a management plan the director, to the extent practicable, shall compile and maintain an adequate inventory of the public reserved lands, including not only the timber on those lands but also the other multiple use values for which the public reserved lands are managed. In addition, the director shall consider all criteria listed in section 1858 for the location of public reserved lands in developing the management plan. The director is entitled to the full cooperation of the BureauDivision of Geology, Natural Areas and Coastal Resources, the Department of Inland Fisheries and Wildlife and the Maine Land Use Planning Commission in compiling and maintaining the inventory of the public reserved lands. The director shall consult with those agencies as well as other appropriate state agencies in the preparation and maintenance of the comprehensive management plan for the public reserved lands. The plan must provide for the demonstration of appropriate management practices that will enhance the timber, wildlife, recreation, economic and other values of the lands. All management of the public reserved lands, to the extent practicable, must be in accordance with this management plan when prepared.
 
Within the context of the comprehensive management plan, the commissioner, after adequate opportunity for public review and comment, shall adopt a specific action plan for each unit of the public reserved lands system. Each action plan must include consideration of the related systems of silviculture and regeneration of forest resources and must provide for outdoor recreation including remote, undeveloped areas, timber, watershed protection, wildlife and fish. The commissioner shall provide adequate opportunity for public review and comment on any substantial revision of an action plan. Management of the public reserved lands before the action plans are completed must be in accordance with all other provisions of this section.
Sec. C-10. 12 MRSA §1849, sub-§1, ¶A, as amended by PL 2011, c. 655, Pt. KK, §11 and affected by §34, is further amended to read:
 
A. The first $20,000 in the aggregate of any money accruing from the alienation of rights to mine upon public reserved land, or other income arising out of mining operations, that is actually received during any fiscal year, and every portion thereof accruing from these mining operations, must be paid to the BureauDivision of Geology, Natural Areas and Coastal Resources.
Sec. C-11. 12 MRSA §5013, sub-§5, as amended by PL 2011, c. 655, Pt. KK, §14 and affected by §34, is further amended to read:
 
5. Division of Geology, Natural Areas and Coastal Resources.   The BureauDivision of Geology, Natural Areas and Coastal Resources is under the direction and supervision of a director who is appointed by, and serves at the pleasure of, the commissioner.
Sec. C-12. 12 MRSA §13001, sub-§12, as amended by PL 2011, c. 655, Pt. KK, §16 and affected by §34 and amended by c. 682, §38, is further amended to read:
 
12. Freshwater marshes and bogs.   "Freshwater marshes and bogs" means naturally occurring open areas with saturated soils or peat, often associated with standing water and dominated by low herbaceous vegetation, grasses, weeds and shrubs and including wetlands, as shown on the Freshwater Wetlands Map Series, BureauDivision of Geology, Natural Areas and Coastal Resources, Maine Geological Survey, or zoned as a Wetland Protection Subdistrict, P-WL, by the Maine Land Use Planning Commission.
Sec. C-13. 22 MRSA §676, sub-§5, as amended by PL 2011, c. 655, Pt. KK, §17 and affected by §34, is further amended to read:
 
5. Geology.   The BureauDivision of Geology, Natural Areas and Coastal Resources, Maine Geological Survey within the Department of Agriculture, Conservation and Forestry shall provide technical assistance for waste management.
Sec. C-14. 22 MRSA §679-B, sub-§8, as amended by PL 2011, c. 655, Pt. KK, §18 and affected by §34 and amended by c. 682, §38, is further amended to read:
 
8. Transfer of funds.   Notwithstanding Title 5, section 1585, funds allocated under this section must be transferred as necessary to accomplish the purposes of this section and Title 38, chapter 14-A from the department to other agencies, including the Department of Environmental Protection, the BureauDivision of Geology, Natural Areas and Coastal Resources, Maine Geological Survey within the Department of Agriculture, Conservation and Forestry and the Maine Land Use Planning Commission.
Sec. C-15. 32 MRSA §4700-G, sub-§2, as amended by PL 2011, c. 655, Pt. KK, §19 and affected by §34, is further amended to read:
 
2. Membership.   The commission consists of the director of the division of environmental health within the Department of Health and Human Services or the director's designee; the Director of the BureauDivision of Geology, Natural Areas and Coastal Resources within the Department of Agriculture, Conservation and Forestry or the director's designee; the Commissioner of Transportation or the commissioner's designee; and 4 public members, 3 of whom must be well drillers.
Sec. C-16. 32 MRSA §4700-G, sub-§6, as amended by PL 2011, c. 655, Pt. KK, §20 and affected by §34, is further amended to read:
 
6. Administrative provision.   The department shall administer the affairs and activities of the commission, keep all books and records, excluding data reports. All appropriations for use of the commission must be made to the department. The Department of Agriculture, Conservation and Forestry, BureauDivision of Geology, Natural Areas and Coastal Resources shall keep all well data reports and work with the department in the administration of the commission's activities.
Sec. C-17. 33 MRSA §1213, as amended by PL 2011, c. 655, Pt. KK, §21 and affected by §34, is further amended to read:
§ 1213.Water boundaries
For the purposes of this chapter, the Department of Agriculture, Conservation and Forestry, BureauDivision of Geology, Natural Areas and Coastal Resources shall draw the water boundaries of the 8 coastal counties in order to determine in which registry of deeds the island must be registered. These lines must be drawn in accordance with the corporate charters of the counties as amended. In instances in which the charter does not clearly specify the seaward boundaries of the counties, the boundaries must be drawn in accordance with state law and the principles contained in the International Convention for the Contiguous and Territorial Sea in determining seaward boundaries between adjacent nation states.
Sec. C-18. 35-A MRSA §3457, as amended by PL 2011, c. 655, Pt. KK, §23 and affected by §34, is further amended to read:
§ 3457.Rulemaking; scenic viewpoint; scenic inventory
 
1. Scenic viewpoint.   The Department of Agriculture, Conservation and Forestry shall adopt rules to designate scenic viewpoints located on state public reserved land or on a trail that is used exclusively for pedestrian use, such as the Appalachian Trail, that have state or national significance from a scenic perspective based on criteria modeled after those used in the "Maine Rivers Study" published by the former Department of Conservation in 1982 and "Maine Wildlands Lakes Assessment" published by the former Maine Land Use Regulation Commission in June 1987 and consideration of the criteria in section 3452, subsection 3.
 
2. Scenic inventory.   The Department of Agriculture, Conservation and Forestry, BureauDivision of Geology, Natural Areas and Coastal Resources shall adopt rules regarding the methodology for conducting a scenic inventory of scenic resources of state or national significance that are located in the coastal area, as defined by Title 38, section 1802, subsection 1, in a manner comparable to that used for an inventory listed in section 3451, subsection 9, paragraph H, subparagraph (1). The Department of Agriculture, Conservation and Forestry, BureauDivision of Geology, Natural Areas and Coastal Resources may contract with an outside entity for the preparation of a scenic inventory conducted pursuant to the methodology developed pursuant to this subsection.
Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. C-19. 38 MRSA §361-A, sub-§1-D, as amended by PL 2011, c. 655, Pt. KK, §24 and affected by §34, is further amended to read:
 
1-D. Aquifer.   "Aquifer" means a geologic formation composed of rock or sand and gravel that stores and transmits significant quantities of recoverable water, as identified by the BureauDivision of Geology, Natural Areas and Coastal Resources, Maine Geological Survey within the Department of Agriculture, Conservation and Forestry.
Sec. C-20. 38 MRSA §401, 7th ¶, as amended by PL 2011, c. 655, Pt. KK, §25 and affected by §34, is further amended to read:
It is the intention of the Legislature that the BureauDivision of Geology, Natural Areas and Coastal Resources provide coordination and develop programs for the collection and analysis of information relating to the nature, extent and quality of aquifers and aquifer recharge areas.
Sec. C-21. 38 MRSA §402, as amended by PL 2011, c. 655, Pt. KK, §26 and affected by §34, is further amended to read:
§ 402.Research
The BureauDivision of Geology, Natural Areas and Coastal Resources, in cooperation with the Department of Environmental Protection, is authorized to conduct research and studies to determine recharge and cleansing rates of ground watergroundwater in different sand and gravel and bedrock formations.
The BureauDivision of Geology, Natural Areas and Coastal Resources, Maine Geological Survey within the Department of Agriculture, Conservation and Forestry in cooperation with other agencies as appropriate shall conduct a 3-year program to assess the impact of agricultural practices and chemicals on ground watergroundwater quality in selected agricultural areas and selected aquifers. The program must evaluate the extent and level of contamination associated with pesticide use, the mechanisms by which pesticides move through the soil and into ground watergroundwater supplies, the synergistic effects of these substances and their persistence in ground watergroundwater.
The survey shall report annually its progress to the joint standing committee of the Legislature having jurisdiction over natural resources.
Sec. C-22. 38 MRSA §490-OO, sub-§6, ¶A, as enacted by PL 2011, c. 653, §23 and affected by §33, is amended to read:
 
A. At least 60 days prior to submitting an application to the department, the applicant shall notify by certified mail the municipal officers of each municipality in which the mining area or affected area may be located or, in the unorganized territory, the county commissioners for each county in which the mining area or affected area may be located. The applicant at the same time shall provide a copy of the notice to the department and the Director of the BureauDivision of Geology and, Natural Areas and Coastal Resources within the Department of Agriculture, Conservation and Forestry.
Sec. C-23. 38 MRSA §549, as amended by PL 2011, c. 655, Pt. KK, §29 and affected by §34, is further amended to read:
§ 549.Personnel and equipment
The commissioner shall establish and maintain at such ports within the State, and other places as the commissioner determines, employees and equipment necessary to carry out this subchapter. The commissioner, subject to the Civil Service Law, may employ personnel necessary to carry out the purposes of this subchapter, and shall prescribe the duties of those employees. The salaries of those employees and the cost of that equipment must be paid from the Maine Coastal and Inland Surface Oil Clean-up Fund established by this subchapter. The commissioner and the Director of the BureauDivision of Geology, Natural Areas and Coastal Resources shall periodically consult with each other relative to procedures for the prevention of oil discharges into the coastal waters of the State from offshore drilling production facilities. Inspection and enforcement employees of the department in their line of duty under this subchapter have the powers of a constable.
Sec. C-24. 38 MRSA §1905, sub-§1, as amended by PL 2011, c. 655, Pt. KK, §31 and affected by §34, is further amended to read:
 
1. Maps; coastal barriers identified.   Maine's coastal barriers are identified on maps, available for public review, at the Department of Agriculture, Conservation and Forestry, BureauDivision of Geology, Natural Areas and Coastal Resources, Maine Geological Survey office in Augusta. They are referred to as the Maine Coastal Barrier Resources Systems and are numbered consistent with the United States Coastal Barriers Resource Act.
Sec. C-25. Maine Revised Statutes headnote amended; revision clause. In the Maine Revised Statutes, Title 12, chapter 201-A, subchapter 1, in the subchapter headnote, the words "bureau of geology, natural areas and coastal resources" are amended to read "division of geology, natural areas and coastal resources" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.
PART D
Sec. D-1. 3 MRSA §959, sub-§1, ¶A, as amended by PL 2011, c. 579, §1, is repealed and the following enacted in its place:
 
A.  The joint standing committee of the Legislature having jurisdiction over agriculture, conservation and forestry matters shall use the following list as a guideline for scheduling reviews:
 
(1) Baxter State Park Authority in 2017;
 
(2) Board of Pesticides Control in 2019;
 
(3) Wild Blueberry Commission of Maine in 2019;
 
(4) Maine Dairy and Nutrition Council in 2015;
 
(5) Maine Dairy Promotion Board in 2015;
 
(6) Maine Milk Commission in 2015;
 
(7) State Harness Racing Commission in 2015;
 
(8) Maine Agricultural Bargaining Board in 2017;
 
(9) Department of Agriculture, Conservation and Forestry in 2017; and
 
(10) Land for Maine's Future Board in 2015.
Sec. D-2. 5 MRSA §17851-A, sub-§1, ¶C, as enacted by PL 1997, c. 769, §11, is amended to read:
 
C. Forest rangers in the employment of the former Department of Conservation on July 1, 1998, or hired thereafter by the former Department of Conservation or the Department of Agriculture, Conservation and Forestry;
Sec. D-3. 5 MRSA §17852, sub-§7-A, as amended by PL 2007, c. 491, §§165 and 166, is further amended to read:
 
7-A. Forest rangers after August 31, 1984; option.   Except as provided in section 17851-A, the retirement benefit of a person qualifying under section 17851, subsection 8-A who retires upon or after reaching 55 years of age is computed in accordance with subsection 1 if:
 
A. The person was first employed as a forest ranger in the former Department of Conservation or the Department of Agriculture, Conservation and Forestry on or after May 1, 1996, elects the option provided in section 17851, subsection 8-A and pays to the State Employee and Teacher Retirement Program an increased employee payroll contribution in an amount that equals the full actuarial cost of electing that option; or
 
B. The person was first employed as a forest ranger in the former Department of Conservation or the Department of Agriculture, Conservation and Forestry before May 1, 1996, elects the option provided in section 17851, subsection 8-A and pays to the State Employee and Teacher Retirement Program by single or periodic payment of a lump sum or by a combination of single and periodic payments the amount that equals the full actuarial cost of electing that option for service before that date. A person who requests calculation of the full actuarial cost, regardless of whether the person elects the option, must pay to the retirement system by single lump sum payment the reasonable administrative costs of determining the full actuarial costs. Payment of the full actuarial cost related to service on or after May 1, 1996 is made as part of the employee payroll contribution.
 
For the purpose of this subsection, "full actuarial cost" means that the person's payment or payments must fully offset any unfunded liability that would or does result from retirement under the option provided in section 17851, subsection 8-A and must fully fund the cost of the person's retirement prior to normal retirement age so that an additional employer contribution is not required.
 
A person who makes the election provided in section 17851, subsection 8-A at any time after the date on which the person is first employed as a forest ranger in the former Department of Conservation or the Department of Agriculture, Conservation and Forestry must include interest at a rate to be set by the board not to exceed regular interest by 5 or more percentage points, applied as of the date on which the person was first employed in that capacity to the contributions the person would have paid or had picked up by the employer had the person elected that option at the date of first employment.
 
This subsection is effective May 1, 1996. Election to retire under this subsection is a one-time irrevocable election. A person who was first employed as a forest ranger in the former Department of Conservation or the Department of Agriculture, Conservation and Forestry on or after May 1, 1996 must make the election no later than 90 days after the date of first employment. A person who was first employed in that capacity before May 1, 1996 must make the election no later than January 1, 1997.
Sec. D-4. 7 MRSA §2171, sub-§1-A, as enacted by PL 1999, c. 790, Pt. A, §5 and affected by §6, is amended to read:
 
1-A. Fees established by rule.  No later than December 31, 1999, theThe Commissioner of Agriculture, Food and Rural ResourcesConservation and Forestry shall provisionally adopt rules in accordance with Title 5, chapter 375 to establish fees for licenses issued under this section. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter II-A2-A. Fees established by rules adopted under this subsection may take effect no earlier than 90 days after the adjournment of the Second Regular Session of the 119th Legislature.
Sec. D-5. 10 MRSA §945-B, sub-§1, as amended by PL 2011, c. 655, Pt. EE, §14 and affected by §30, is further amended to read:
 
1. Members.   Members are the private individuals, partnerships, firms, corporations, governmental entities and other organizations who pay dues to the center. For the purposes of this chapter, members may include, but are not limited to, municipal and county government, councils of government, local and area development corporations, regional planning commissions, development districts, state agencies, higher educational facilities, including the components of the University of Maine System, the Maine Maritime Academy, private colleges and postsecondary schools and community colleges, and other public or quasi-public entities. The following 87 public organizations are granted membership by virtue of the State's contribution to the organization,and are exempt from dues requirements and each is entitled to designate one individual to exercise its voting right: the Department of Agriculture, Food and Rural ResourcesConservation and Forestry, the Governor's Office of Policy and Management, the Finance Authority of Maine, the Department of Labor, the Department of Conservation, the Department of Marine Resources, the Department of Economic and Community Development and the Department of Transportation.
Sec. D-6. 12 MRSA §402, sub-§9, as enacted by PL 1983, c. 458, §1, is amended to read:
 
9. Outstanding river stretches.   Protect the special resource values of the flowing waters and shorelands of the State's most outstanding river stretches, as identified by the former Department of Conservation's 1982 Maine Rivers Study and as specifically delineated in this chapter.
Sec. D-7. 12 MRSA §1893, as amended by PL 2007, c. 429, §1 and affected by §3, is further amended to read:
§ 1893.Off-road Recreational Vehicle Office
 
1. Office established.   There is established within the bureau the Off-road Recreational Vehicle DivisionOffice, referred to in this subchapter as the "divisionoffice." The divisionoffice includes the following.
 
A. Within available funds, the snowmobile program shall develop and maintain snowmobile trails and provide educational and informational materials for the use of operators of snowmobiles. The bureau may charge a reasonable fee for such services and materials when the money credited to it under chapter 937 is insufficient to satisfy the demand for those services and materials. All fees collected must be deposited in the bureau's Snowmobile Trail Fund. The bureau shall administer the Snowmobile Trail Fund, and the snowmobile program's other activities must be conducted pursuant to subsection 3. The Snowmobile Trail Fund receives funding as provided in chapter 937 and Title 36, section 2903-D, subsection 2.
 
B. The bureau shall administer the ATV Recreational Management Fund established under subsection 2 for the purposes given in that subsection and for the acquisition of land to be used for ATV trails. The bureau may adopt rules in accordance with Title 5, chapter 375, subchapter 2 for the issuance of grants-in-aid from the fund and to further define alpine tundra areas pursuant to section 13001, subsection 4. Additional funding for the ATV Recreational Management Fund is as provided in Title 36, section 2903-D, subsection 3.
 
2. ATV Recreational Management Fund.   The ATV Recreational Management Fund, referred to in this subsection as "the fund," is established and administered by the department.
 
A. The fund may be used to conduct research on issues related to the management of ATVs; assist in the formation of nonprofit ATV groups; make grants-in-aid to political subdivisions, educational institutions, regional planning agencies, ATV groups and others to construct and maintain ATV trails, to purchase equipment or to otherwise carry out the purposes of the fund; assist in the design and development of ATV trails; purchase, lease or otherwise acquire interests in land, including, but not limited to, fee or easement interests for ATV trails or sport-riding facilities; provide protection to landowners against ATV-related suit or liability; or otherwise provide for the wise and orderly management of ATVs.
 
B. If any money in the fund is not expended during the year in which it is collected, the unexpended balance may not lapse, but must be carried as a continuing account available for the purposes specified until expended.
 
3. Use of fees.   This subsection applies to the use of fees credited to the Snowmobile Trail Fund.
 
A. The bureau is authorized to use the money credited to the Snowmobile Trail Fund to make grants-in-aid to political subdivisions, educational institutions, regional planning agencies, snowmobile groups and others for the construction and maintenance of snowmobile trails and for research, development and planning of snowmobile trails.
 
(1) For all grants disbursed after July 1, 1984, the bureau shall adopt rules specifying how to apply for the grants, which projects are eligible and the formula for state support.
 
(2) The bureau may charge a reasonable fee for these services and materials when the money credited to it under this paragraph is insufficient to satisfy the demand for the services and materials. All fees so collected must be deposited in the Snowmobile Trail Fund.
 
(3) If any of the money is not expended during the year in which the money is collected, the unexpended balance does not lapse, but is carried as a continuing account available for the purposes specified until expended.
 
B. The bureau is authorized to use money credited to the Snowmobile Trail Fund for snowmobile trail acquisition, including, but not limited to, the purchase or lease of real estate, grants to snowmobile clubs, municipalities and counties for the acquisition of snowmobile trail maintenance equipment and the acquisition of easements, construction, development, planning and maintenance and for providing educational and informational materials for the use of operators of snowmobiles and for research.
 
C. The money distributed to municipalities by the bureau under this subsection may be appropriated by the municipalities for any purpose for which they may lawfully appropriate money.
 
D. By June 30th of each fiscal year, the State Controller shall transfer from the Snowmobile Trail Fund to the unappropriated surplus of the General Fund an amount equal to the tax exemption under Title 36, section 1760, subsection 90.
Sec. D-8. 12 MRSA §1893-A, sub-§2, as amended by PL 2003, c. 414, Pt. B, §23 and affected by c. 614, §9, is further amended to read:
 
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 divisionoffice.
 
Upon receipt of a request for assistance, the divisionoffice shall assess the affected land for suitability for an all-terrain vehicle trail system. The divisionoffice shall advise the landowner of funding, technical assistance and other assistance available through the ATV Recreational Management Fund established in section 1893, subsections 2 and 3. When an initial assessment of the affected land indicates the area is appropriate for an all-terrain vehicle trail system, the divisionoffice may assist the owner or operator in developing a plan and completing a variance application.
Sec. D-9. 12 MRSA §8867-A, as enacted by PL 1997, c. 720, §2, is amended to read:
§ 8867-A.Rulemaking
No later than November 1, 1998, the Commissioner of Conservation shall provisionally adopt rules in accordance with Title 5, chapter 375The Commissioner of Agriculture, Conservation and Forestry may adopt rules to implement this subchapter. Rules adopted pursuant to this subchapter are major substantive rules as defined in Title 5, chapter 375, subchapter II-A and must be submitted to the Legislature no later than January 1, 1999 for review2-A.
The Commissioner of Agriculture, Conservation and Forestry shall consult with the Commissioner of Environmental Protection and the Commissioner of Inland Fisheries and Wildlife to ensure that bureau rules adopted under this subchapter are consistent with wildlife habitat and environmental protection.
Sec. D-10. 12 MRSA §8867-B, as amended by PL 2003, c. 335, §2, is further amended to read:
§ 8867-B.Regulation of timber harvesting activities in areas adjacent to rivers, streams, ponds, wetlands and tidal waters
In accordance with the purposes of chapter 206-A and Title 38, chapter 3 and no later than October 1, 2003, the Commissioner of Agriculture, Conservation and Forestry shall adopt rules in accordance with Title 5, chapter 375 to establish performance standards for timber harvesting activities in areas adjacent to rivers, streams, ponds, wetlands and tidal waters. The rules must provide the maximum opportunity for flexibility that achieves the goal of protecting the public resources while minimizing the impact on private resources. The initial rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. Subsequent amendments to those rules are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. D-11. 12 MRSA §10157, sub-§1, ¶A, as amended by PL 2011, c. 576, §4, is further amended to read:
 
A. FourThree ex officio members:
 
(1) The commissioner or the commissioner's designee;
 
(2) The Commissioner of Environmental Protection or the commissioner's designee; and
 
(3) The Commissioner of Agriculture, Conservation and Forestry or the commissioner's designee; and
 
(4) The Commissioner of Agriculture, Food and Rural Resources or the commissioner's designee;
Sec. D-12. 14 MRSA §159-C, sub-§2, as enacted by PL 1997, c. 739, §10, is amended to read:
 
2. Limited liability.   A lake association that has obtained a permit from the former Department of Conservation or the Department of Agriculture, Conservation and Forestry to place navigational aid markers in great ponds is not liable for personal injury, property damage or death caused by placement or maintenance of those navigational aid markers provided thatas long as the lake association has placed or maintained the markers in conformance with the terms and conditions of the permit.
Sec. D-13. 35-A MRSA §3451, sub-§9, ¶E, as enacted by PL 2007, c. 661, Pt. A, §7, is amended to read:
 
E. A segment of a scenic river or stream identified as having unique or outstanding scenic attributes listed in Appendix G of the "Maine Rivers Study" published by the former Department of Conservation in 1982;
Sec. D-14. 36 MRSA §1120, as enacted by PL 1987, c. 728, §10 and amended by PL 1997, c. 526, §14, is further amended to read:
§ 1120.Program promotion
The Department of Agriculture, Food and Rural ResourcesConservation and Forestry shall undertake an informational program designed to educate Maine citizens as to the existence of the farm and open space tax laws, which shallmust include, but not be limited to, informing local farm organizations and associations of tax assessors about the law.
By January 1, 1989, theThe Department of Agriculture, Food and Rural ResourcesConservation and Forestry and the Bureau of Revenue Services shall produce written materials designed to inform municipal assessors, farmers and Maine citizens about the farm and open space tax program. These materials shallmust be in a form that is attractive, easily understandable and designed to interest the public in the program. The department and the bureau shall ensure that these written materials are made available and distributed as widely as possible throughout the State.
Sec. D-15. 38 MRSA §435, 2nd ¶, as repealed and replaced by PL 1987, c. 815, §§1 and 11, is amended to read:
It is further declared that, in accordance with Title 12, section 402, certain river and stream segments, as identified in the former Department of Conservation's 1982 Maine Rivers Study and as specifically delineated in section 437, are significant river segments and deserve special shoreland zoning controls designed to protect their natural and recreational features.
Sec. D-16. 38 MRSA §446, as corrected by RR 1991, c. 2, §144, is amended to read:
§ 446.Municipal ordinance review and certification
Each municipality with shorelands along significant river segments, as identified in section 437, shall review the adequacy of the zoning on these shorelands to protect the special values cited for these river segments by the former Department of Conservation's 1982 Maine Rivers Study and for consistency with the guidelines established under section 445. Prior to December 15, 1984, each such municipality shall certify to the Board of Environmental Protection either that its existing zoning for these areas is at least as restrictive as the guidelines established under section 445, or that it has amended its zoning for this purpose. This certification must be accompanied by the ordinances and zoning maps covering these areas. Failure to accomplish the purposes of this section results in adoption of suitable ordinances for these municipalities, as provided for in section 438-A.
Sec. D-17. 38 MRSA §490-D, sub-§15, as enacted by PL 2001, c. 466, §10, is amended 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 DivisionOffice determines the site is suitable under Title 12, section 1893-A.
Sec. D-18. 38 MRSA §991, 3rd ¶, as enacted by PL 1987, c. 470, §2, is amended to read:
The Legislature finds that the St. Croix River was identified as one of the State's most outstanding river stretches in the former Department of Conservation's 1982 Maine Rivers Study and is specifically designated for protection in Title 12, section 405.
Sec. D-19. Maine Revised Statutes headnote amended; revision clause. In the Maine Revised Statutes, Title 12, chapter 220, subchapter 8, in the subchapter headnote, the words "off-road recreational vehicle division" are amended to read "off-road recreational vehicle office" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.
PART E
Sec. E-1. Legislative intent. It is the intent of the Legislature that curtailments imposed on the Department of Agriculture, Conservation and Forestry be imposed proportionally among the major units within the department having substantive jurisdiction over distinct policy areas.
PART F
Sec. F-1. Appropriations and allocations. The following appropriations and allocations are made.
 
AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF
 
Land Management and Planning Z239
 
Initiative: Reorganizes one Deputy Director, Parks and Lands position to one Director, Land for Maine's Future position.

OTHER SPECIAL REVENUE FUNDS	2013-14	2014-15	
Personal Services	($49,101)	($52,359)	
			
OTHER SPECIAL REVENUE FUNDS TOTAL	($49,101)	($52,359)	

Office of the Commissioner 0401
 
Initiative: Reorganizes one Director, Agricultural Resource Development position to one Director, Agriculture, Food and Rural Resources position.

GENERAL FUND	2013-14	2014-15	
Personal Services	$6,537	$6,967	
			
GENERAL FUND TOTAL	$6,537	$6,967	

OTHER SPECIAL REVENUE FUNDS	2013-14	2014-15	
Personal Services	$48,679	$46,101	
			
OTHER SPECIAL REVENUE FUNDS TOTAL	$48,679	$46,101	

Office of the Commissioner 0401
 
Initiative: Reorganizes one Deputy Director, Parks and Lands position to one Director, Land for Maine's Future position.

OTHER SPECIAL REVENUE FUNDS	2013-14	2014-15	
Personal Services	$36,771	$39,098	
			
OTHER SPECIAL REVENUE FUNDS TOTAL	$36,771	$39,098	

Office of the Commissioner 0401
 
Initiative: Reorganizes one Deputy Commissioner position to one Natural Resource Economic Development Specialist position.

GENERAL FUND	2013-14	2014-15	
Personal Services	($6,537)	($6,967)	
			
GENERAL FUND TOTAL	($6,537)	($6,967)	

Office of the Commissioner 0401
 
Initiative: Reorganizes one Director, Geology, Natural Areas and Coastal Resources position to one Director, Resource Information and Land Use Planning position.

OTHER SPECIAL REVENUE FUNDS	2013-14	2014-15	
Personal Services	$15,865	$16,198	
			
OTHER SPECIAL REVENUE FUNDS TOTAL	$15,865	$16,198	

AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF			
DEPARTMENT TOTALS	2013-14	2014-15	
			
GENERAL FUND	$0	$0	
OTHER SPECIAL REVENUE FUNDS	$52,214	$49,038	
			
DEPARTMENT TOTAL - ALL FUNDS	$52,214	$49,038	

Effective 90 days following adjournment of the 126th Legislature, First Regular Session, unless otherwise indicated.