APPROVED CHAPTER
JUNE 23, 2023 284
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
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IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
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S.P. 803 - L.D. 1969
An Act to Expand the Use of Funds to Support Land Conservation
Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation establishes a new fund, the Land for Maine's Future Trust
Fund, and directs the transfer of funds to the Land for Maine's Future Trust Fund on or
before June 30, 2023; and
Whereas, in order to meet that requirement, this legislation must take effect
immediately; 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,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §6201, sub-§2, as amended by PL 2021, c. 398, Pt. FFFF, §2, is
further amended to read:
2. Cooperating entities. "Cooperating entities" means those private nonprofit
organizations, municipal conservation commissions, local governments, federal agencies
or other bodies designated by the Land for Maine's Future Board pursuant to section 6203
as able to assist the State in the acquisition or management of conservation lands of
statewide significance or for community conservation projects 6203-E or 6203-F.
Sec. 2. 5 MRSA §6201, sub-§3, as amended by PL 2021, c. 135, §1, is further
amended to read:
3. Matching funds. "Matching funds" means any combination of public and private
funds used in conjunction with the Land for Maine's Future Trust Fund, the Public Access
to Maine Waters Fund and, the Maine Working Farmland Access and Protection Fund, the
Conservation and Recreation Fund and the Conservation Land Management Fund for the
purpose of this chapter, including, but not limited to: private contributions of cash or
securities; money from municipal or other public agencies; money from a federal matching
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program, subject to the limitations of applicable federal and state laws, in an amount
authorized by the federal program; contributions of real property, or interest in real
property, that serves the acquisition needs of the State as determined by the Land for
Maine's Future Board; in-kind contributions; or any combination of those funds.
Contributions of land or interest in land must be valued, for purposes of this section, in the
amount of their appraised value.
Sec. 3. 5 MRSA §6203, as amended by PL 2021, c. 135, §3; c. 398, Pt. FFFF, §3;
and c. 409, §1, is repealed.
Sec. 4. 5 MRSA §6203-A, sub-§1, as enacted by PL 1993, c. 728, §5, is amended
to read:
1. Fund established. There is established the Public Access to Maine Waters Fund
that is administered by the board. The Public Access to Maine Waters Fund consists of the
proceeds from the sale of bonds authorized for the purposes set forth in subsection 3 and
funds received as contributions from private and public sources for those purposes. The
Public Access to Maine Waters Fund must be held separate and apart from all other money,
funds and accounts. Eligible, except that eligible investment earnings credited to the assets
of the Public Access to Maine Waters Fund become part of the assets of that fund the Land
for Maine's Future Trust Fund. Any balance remaining in the Public Access to Maine
Waters Fund at the end of a fiscal year must be carried forward for the next fiscal year.
Sec. 5. 5 MRSA §6203-A, sub-§2, as enacted by PL 1993, c. 728, §5, is repealed
and the following enacted in its place:
2. Grants; matching funds. The board may make grants to state agencies and
designated cooperating entities for the purposes identified in subsection 3. For each grant
made under this subsection, the board shall require the grant recipient to provide matching
funds at least equal to the amount of the grant. Grants must be made according to rules
adopted by the board. Rules adopted pursuant to this subsection are routine technical rules
as defined in chapter 375, subchapter 2‑A.
Sec. 6. 5 MRSA §6203-B, sub-§1, as enacted by PL 2011, c. 266, Pt. B, §3, is
amended to read:
1. Fund established. The Maine Working Waterfront Access Protection Fund,
referred to in this section as "the fund," is established and is administered by the board in
cooperation with the Commissioner of Marine Resources under the provisions of this
chapter and Title 12, section 6031‑A. The fund consists of the proceeds from the sale of
bonds authorized for the purposes set forth in subsection 3 and funds received as
contributions from private and public sources for those purposes. The fund must be held
separate and apart from all other money, funds and accounts. Eligible, except that eligible
investment earnings credited to the assets of the fund become part of the assets of the fund
Land for Maine's Future Trust Fund. Any balance remaining in the fund at the end of a
fiscal year must be carried forward for the next fiscal year.
Sec. 7. 5 MRSA §6203-C, sub-§1, as enacted by PL 2021, c. 135, §4, is amended
to read:
1. Fund established. The Maine Working Farmland Access and Protection Fund,
referred to in this section as "the fund," is established and is administered by the board in
cooperation with the Commissioner of Agriculture, Conservation and Forestry under the
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provisions of this chapter and Title 7, section 164. The fund consists of the proceeds from
the sale of bonds authorized for the purposes set forth in subsection 3 and funds received
as contributions from private and public sources for those purposes. The fund must be held
separate and apart from all other money, funds and accounts. Eligible, except that eligible
investment earnings credited to the assets of the fund become part of the assets of the fund
Land for Maine's Future Trust Fund. Any balance remaining in the fund at the end of a
fiscal year must be carried forward for the next fiscal year.
Sec. 8. 5 MRSA §6203-D is enacted to read:
§6203-D. Land for Maine's Future Trust Fund
1. Fund established. There is established the Land for Maine's Future Trust Fund that
is administered by the board. The Land for Maine's Future Trust Fund consists of the
proceeds from the sale of any bonds authorized for the purposes set forth in subsection 2,
eligible investment earnings of funds established under this chapter and any funds received
as contributions from private and public sources for the purposes set forth in subsection 2.
The Land for Maine's Future Trust Fund must be held separate and apart from all other
money, funds and accounts and eligible investment earnings credited to the assets of the
Land for Maine's Future Trust Fund become part of the assets of that fund. Any balance
remaining in the Land for Maine's Future Trust Fund at the end of any fiscal year must be
carried forward for the next fiscal year.
2. Fund proceeds. The proceeds of the Land for Maine's Future Trust Fund may be
applied and expended to accomplish the purposes of the funds established in sections
6203-A to 6203-C and 6203-E and 6203-F.
Sec. 9. 5 MRSA §6203-E is enacted to read:
§6203-E. Conservation and Recreation Fund
1. Fund established. There is established the Conservation and Recreation Fund that
is administered by the board. The Conservation and Recreation Fund consists of the
proceeds from the sale of bonds authorized for the purposes set forth in subsection 3 and
funds received as contributions from private and public sources for those purposes. The
Conservation and Recreation Fund must be held separate and apart from all other money,
funds and accounts, except that eligible investment earnings credited to the assets of the
Conservation and Recreation Fund become part of the assets of the Land for Maine's Future
Trust Fund. Any balance remaining in the Conservation and Recreation Fund at the end of
a fiscal year must be carried forward for the next fiscal year.
2. Grants; matching funds. The board may make grants to state agencies and
designated cooperating entities for the purposes identified in subsection 3. For each grant
made under this subsection, the board shall require the grant recipient to provide matching
funds at least equal to the amount of the grant. Grants must be made according to rules
adopted by the board. Rules adopted pursuant to this subsection are routine technical rules
as defined in chapter 375, subchapter 2‑A.
3. Fund proceeds. The proceeds of the Conservation and Recreation Fund may be
applied and expended to:
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 A. Acquire property or an interest in property that is determined by the board to be of
statewide significance or for a community conservation project under the guidelines of
this chapter;
B. When interest in land is acquired with proceeds from the Conservation and
Recreation Fund, fund minor capital improvements on such lands and on adjoining
lands in the same ownership or under the same management to improve accessibility,
as long as these improvements do not exceed 5% of the appraised value of the acquired
property;
C. When land or interest in land is acquired with proceeds from the Conservation and
Recreation Fund, fund minor capital investments in the stewardship and management
of that land. Stewardship and management investments under this paragraph must be
held in a dedicated stewardship endowment and identified for use on the funded
property. Stewardship and management investments may not exceed 5% of the
appraised value of the acquired property; and
D. When land or interest in land for deer wintering areas is acquired with proceeds
from the Conservation and Recreation Fund pursuant to section 6207, subsection 2,
paragraph E, fund the development of a management plan to provide for the land's
continuing function as a deer wintering area, as long as the cost of the plan and any
investments related to that land under paragraph C do not exceed 5% of the appraised
value of the acquired property. A management plan developed under this paragraph
may also apply to adjoining deer wintering areas in the same ownership or under the
same management.
Sec. 10. 5 MRSA §6203-F is enacted to read:
§6203-F. Conservation Land Management Fund
1. Fund established. There is established the Conservation Land Management Fund
that is administered by the board. The Conservation Land Management Fund consists of
the proceeds from the sale of bonds authorized for the purposes set forth in subsection 3
and funds received as contributions from private and public sources for those purposes.
The Conservation Land Management Fund must be held separate and apart from all other
money, funds and accounts, except that eligible investment earnings credited to the assets
of the Conservation Land Management Fund become part of the assets of the Land for
Maine's Future Trust Fund. Any balance remaining in the Conservation Land Management
Fund at the end of a fiscal year must be carried forward for the next fiscal year.
2. Grants; matching funds. The board may make grants to state agencies and
designated cooperating entities for the purposes identified in subsection 3. For each grant
made under this subsection, the board shall require the grant recipient to provide matching
funds at least equal to the amount of the grant. Grants must be made according to rules
adopted by the board. Rules adopted pursuant to this subsection are routine technical rules
as defined in chapter 375, subchapter 2‑A.
3. Fund proceeds. The proceeds of the Conservation Land Management Fund may be
applied and expended to:
A. Make capital improvements to enhance public recreational opportunities on
permanently conserved state, municipal and private conservation lands; and
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 B. Enhance wildlife habitat protection on permanently conserved state, municipal and
private conservation lands.
Sec. 11. 5 MRSA §6204, sub-§6, as affected by PL 2011, c. 655, Pt. II, §11 and
amended by c. 657, Pt. X, §4, is further amended to read:
6. Assistance. The Department of Inland Fisheries and Wildlife; the Department of
Transportation; the Department of Agriculture, Conservation and Forestry; and all other
state agencies shall provide staff support and assistance considered necessary by the board
to fulfill the objectives of this chapter. If agency assistance is not available, consultants
may be hired from the proceeds of either the Land for Maine's Future Trust Fund or the
Public Access to Maine Waters Fund to assist the board in carrying out its responsibilities.
Sec. 12. 5 MRSA §6206, sub-§1, ¶A, as amended by PL 1993, c. 728, §8, is further
amended to read:
A. Complete an assessment of the State's public land acquisition needs and develop a
strategy and guidelines, based on that assessment, for use in allocating the proceeds of
the Land for Maine's Future Trust Fund, the Conservation and Recreation Fund and the
Public Access to Maine Waters Fund. Both the assessment and the development of a
strategy and guidelines must be conducted with opportunities for participation by
interested state agencies and the public;
Sec. 13. 5 MRSA §6206, sub-§1, ¶D, as amended by PL 1993, c. 728, §8, is further
amended to read:
D. In accordance with the strategy and guidelines developed under paragraph A,
authorize distribution of proceeds from the Land for Maine's Future Trust Fund, the
Conservation and Recreation Fund and the Public Access to Maine Waters Fund for
acquisitions of property or interests in property; and
Sec. 14. 5 MRSA §6206, sub-§1, ¶E, as amended by PL 2007, c. 331, §1, is further
amended to read:
E. On January 1st of every odd-numbered year, report to the joint standing committee
of the Legislature having jurisdiction over matters pertaining to state parks and public
lands on expenditures from the Land for Maine's Future Trust Fund, the Conservation
and Recreation Fund and the Public Access to Maine Waters Fund and revisions to the
strategies and guidelines. This report must include a description of access to land and
interest in land acquired during the report period. If an acquisition has been made that
does not include guaranteed public vehicular access to the land acquired, the board
must provide justification for that acquisition and a plan for continuing efforts to
acquire guaranteed public access to the land. This report must include a summary of
the board's experience during the reporting period with projects funded pursuant to
section 6203 or 6203‑A, 6203-D or 6203-E and in which the land or interest in land is
acquired by a cooperating entity. This report must also include on a county-by-county
basis a summary of the expenditures made by the board and acreage conserved through
acquisition of fee or less-than-fee interest by the board during the report period. Each
report must include cumulative totals by county of acreage conserved through
acquisition of fee or less-than-fee interest through action by the board.
The report must include maps based on available information and at a statewide level
that show federal, state and other public lands and permanent interests in lands held for
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 conservation purposes. The maps must also provide a representation of the amount of
land affected by conservation easements under Title 33, chapter 7, subchapter 8‑A.
Other state agencies holding conservation lands and interests in lands held for
conservation purposes shall assist in the preparation of the maps.
Sec. 15. 5 MRSA §6207, as amended by PL 2021, c. 676, Pt. A, §4, is further
amended to read:
§6207. Acquisition criteria
1. Distribution of funds. The board shall authorize the distribution of funds from the
Land for Maine's Future Trust Fund, the Conservation and Recreation Fund and the Public
Access to Maine Waters Fund to state agencies and cooperating entities for the acquisition
of natural lands that meet the criteria set forth in this chapter.
2. Determination of statewide significance. In determining whether a proposed
acquisition must be funded, in full or in part, by the Land for Maine's Future Trust Fund,
the Conservation and Recreation Fund or the Public Access to Maine Waters Fund, the
board shall consider whether the site is of statewide significance and:
A. Contains recreation lands, prime physical features of the Maine landscape, areas of
special scenic beauty, farmland or open space, undeveloped shorelines, significant
undeveloped archeological sites, wetlands, fragile mountain areas or lands with other
conservation, wilderness or recreation values;
B. Is habitat for plant or animal species or natural communities considered rare,
threatened or endangered in the State;
C. Provides nonmotorized or motorized public access to recreation opportunities or
those natural resources identified in this section;
D. Provides public water supply protection when that purpose is consistent and does
not conflict with the natural resource conservation and recreation purposes of this
chapter; or
E. Contains deer wintering areas and satisfies all the requirements of subsection 3,
paragraph A.
3. Priorities. Whenever possible, the Land for Maine's Future Trust Fund, the
Conservation and Recreation Fund and the Public Access to Maine Waters Fund must be
used for land acquisition projects when matching funds are available from cooperating
entities, as long as th