An Act Authorizing Changes to the Ownership and Leases of Certain Public Lands

Preamble.  The Constitution of Maine, Article IX, Section 23 requires that real estate held by the State for conservation or recreation purposes may not be reduced or its uses substantially altered except on the vote of 2/3 of all members elected to each House; and

Whereas,  the real estate authorized for conveyance by this legislation is under the designations described in the Maine Revised Statutes, Title 12, section 598-A; and

Whereas,  the Director of the Bureau of Parks and Lands within the Department of Agriculture, Conservation and Forestry may sell or exchange lands with the approval of the Legislature in accordance with the Maine Revised Statutes, Title 12, sections 1837 and 1851; now, therefore,

Sec. 1. 12 MRSA §1852, sub-§10  is enacted to read:

Sec. 2. Director of Bureau of Parks and Lands authorized, but not directed, to convey certain lands in Adamstown Township, Oxford County. The Director of the Bureau of Parks and Lands within the Department of Agriculture, Conservation and Forestry may by quitclaim deed without covenant convey to a buyer for appraised fair market value and other compensation and on such other terms and conditions as the director may direct a certain parcel of land in Adamstown Township, described as Parcel 0008W on the southwest side of West Richardson Pond, comprising approximately 3.54 acres and a camp, which was previously a camp lot lease and which was surrendered by the leaseholder to the Bureau of Parks and Lands by written agreement. The sale of the lot constitutes a revocation of its designation as public reserved lands under the Maine Revised Statutes, Title 12, section 598-A.

Sec. 3. Director of Bureau of Parks and Lands authorized, but not directed, to convey certain land in Township 12, Range 13 WELS in exchange for other land in Township 11, Range 10 WELS. The Director of the Bureau of Parks and Lands within the Department of Agriculture, Conservation and Forestry may by quitclaim deed without covenant convey to Clayton Lake Woodlands Holdings, LLC all of the State's common and undivided interest in T.12 R.13 WELS, which is approximately 6,000 acres, in exchange for all right, title and interest in and to approximately 6,000 acres in T.11 R.10 WELS or T.12 R.13 WELS, which is currently owned by Clayton Lake Woodlands Holdings, LLC. The resulting state fee ownership is subject to the tax applied to forest land in Aroostook County under the Maine Tree Growth Tax Law.

Sec. 4. Resolve 2013, c. 56, §4  is amended to read:

Sec. 4. Director of Bureau of Parks and Lands authorized, but not directed, to convey certain land in Adamstown Township, Oxford County. Resolved: That the Director of the Division Bureau of Parks and Public Lands within the Department of Agriculture, Conservation and Forestry may by quitclaim deed without covenant convey for an appraised fair market value that is the higher of 2 appraisals or the highest of more than 2 appraisals and on such other terms and conditions as the director may direct certain lots or parcels of land, with a total of approximately 24 acres, to the West Richardson Pond Public Lot Association individual camp lot lessees. The sale of each lot constitutes a revocation of its designation as public reserved lands under the Maine Revised Statutes, Title 12, section 598-A.

The parcels to be conveyed are located on a 24-acre lease lot subdivision portion of the Richardson Lake public reserved lands. The 12 lots are on the southwestern shoreline of West Richardson Pond and extend from the Lincoln Plantation and Adamstown Township town line south to Route 16 and are also located between the Richardson Lake public reserved lands access road and the shoreline of West Richardson Pond. The parcels are currently leased to 10 camp lot lessees who are members of the West Richardson Pond Public Lot Association. To ensure that the State retains public access to West Richardson Pond, the director may not convey ownership of Lot 4-W as depicted on the Richardson Pond cottage lots plan developed by Seven Islands Land Company.

Sec. 5. Resolve 2015, c. 29, §1  is amended to read:

Sec. 1. Director of Bureau of Parks and Lands authorized, but not directed, to convey certain interests in lands in Aroostook County in exchange for other interests or properties. Resolved: That the Director of the Bureau of Parks and Lands within the Department of Agriculture, Conservation and Forestry may by quitclaim deed without covenant, for negotiated value, and on such other terms and conditions as the director may direct, convey or release all interests held by the bureau in the following properties described under subsection 1 to Prentiss and Carlisle Company, Inc. and Prentiss and Carlisle Management Company , McCrillis Timberland, LLC and Greentrees, Inc., collectively referred to in this section as "the partitioners," in exchange for conveyance of property or interests in properties described under subsection 2 or other consideration of equivalent value from Prentiss and Carlisle Company, Inc. and Prentiss and Carlisle Management Company the partitioners.

1. The property interests to be conveyed by the Department of Agriculture, Conservation and Forestry, by and through the Bureau of Parks and Lands, to Prentiss and Carlisle Company, Inc. and to Prentiss and Carlisle Management Company on behalf of other minority interests the partitioners are all of the State's minority common and undivided interest in forested acres without flowage easements in T.10 R.4 SE/4, which is approximately 1,329 equivalent acres a tract in T.10 R.4 WELS SE/4, Maine Revenue Services Tax Map AR018, Plan 01, Lot 1.2, comprising approximately 3,970 acres of upland and 270 acres of flowed land in Scopan Lake, depicted as Parcel B on the March 28, 2017 Survey Plan by Plisga & Day Land Surveyors, the State's undivided interest being approximately equivalent to 1,222 acres.

The Director of the Bureau of Parks and Lands within the Department of Agriculture, Conservation and Forestry is authorized to reconfigure the tracts described in this subsection as may be needed to adjust the equivalent value of undivided interests in T.10 R.4 WELS land being released by the State and the interests being released by the partitioners to the State, as described in subsection 2.

2. The property interests to be conveyed by Prentiss and Carlisle Company, Inc. and Prentiss and Carlisle Management Company on behalf of other minority interests the partitioners to the State acting by and through the Department of Agriculture, Conservation and Forestry, Bureau of Parks and Lands are:

Sec. 6. Resolve 2015, c. 29, §6  is amended to read:

Sec. 6. Director of Bureau of Parks and Lands authorized, but not directed, to convey Halfway Rock Island in Casco Bay, Cumberland County. Resolved: That the Director of the Bureau of Parks and Lands within the Department of Agriculture, Conservation and Forestry may convey, for fair market value and on such other terms and conditions as the director may direct, Halfway Rock Island in Casco Bay in the Town of Chebeague Island, being approximately 1.5 acres, to the United States General Services Administration or its assignee . ; and be it further

Sec. 7. Resolve 2015, c. 29, §7  is enacted to read:

Sec. 7. Director of Bureau of Parks and Lands authorized, but not directed, to acquire certain interests in lands in Aroostook County. Resolved: That the Director of the Bureau of Parks and Lands within the Department of Agriculture, Conservation and Forestry may negotiate to acquire and acquire all of the minority common and undivided interests in T.11 R.4 WELS E/2 owned by parties whose interests are managed by Prentiss and Carlisle Management Company.

SUMMARY

This bill transfers those leases of public reserved lands granted by an act of the Legislature before the establishment of an agency in the executive branch of State Government for managing leases of public reserved lands to the Department of Agriculture, Conservation and Forestry, Bureau of Parks and Lands.

It authorizes the Director of the Bureau of Parks and Lands to sell certain parcels of public reserved lands on the southwest side of West Richardson Pond to the individual lessees, sell another lot in that area via public sale and enter into a land exchange to separate common and divided interests in a parcel of land in Aroostook County.

It amends Resolve 2015, chapter 29, which authorized the partitioning and consolidation of common and undivided interests in the Scopan Unit and other locations. Chapter 29 involved lands in Township 11, Range 4 WELS, Township 13, Range 13 WELS and Township 12, Range 13 WELS, which are not owned by the same group of owners as those lands involved in the proposed partition of interests in Township 10, Range 4 WELS and Township 13, Range 5 WELS. At present, the partitioning and exchange of interests in Township 10, Range 4 WELS and Township 13, Range 5 WELS are ready to move forward. The bill amends chapter 29 to allow the Township 10, Range 4 WELS and Township 13, Range 5 WELS transaction to take place and further authorizes negotiations by the bureau for the State's acquisition of all of the minority common and undivided interests in Township 11, Range 4 WELS E/2 owned by parties whose interests are managed by Prentiss and Carlisle Management Company.