Tuesday, March 3, 2015

Mining on Public Lands


https://www.youtube.com/watch?v=DFMs6qA7Jyo&feature=youtu.be

Response to questions raised by Sen. Saviello and Rep. Duchesne during public testimony of Lew Kingsbury concerning LD 146 Proposed Mining Rules for Chapter 200 Metallic Mineral Exploration, Advanced Exploration and Mining
Lew Kingsbury of Pittston provided public testimony concerning LD 146 on February 25, 2015. During my testimony I stated that non reserved public lands, lands gifted to the state, lands acquired through referendum and public reserve lots had been excluded from the Proposed Mining Rules Subchapter 5: Mining Standards, section 20. Performance Standards, subsection B. Siting, para. (3) Mining Excluded. Both Sen. Saviello and Rep. Duchesne responded that 12 M.R.S.A. 549-B Exploration permits, exploration claims and mining leases allows for mining on all public lands. This is true.
But, the Constitution of the State of Maine, Article IX section 23 states: “State park land, public lots or other real estate held by the state for conservation or recreation purposes and designated by legislation implementing this section may not be reduced or its use substantially altered except on the vote of 2/3 of all the members elected to each House. The proceeds from the sale of such land must be used to purchase additional real estate in the same county for the same purpose.”
12 M.R.S.A. 598 A titled Designated Lands, Enclosure (1), states “The following lands are designated lands under the Constitution of Maine, Article IX, Section 23. Designated lands under this section may not be reduced or substantially altered, except by a 2/3 vote of the Legislature. It is the intent of the Legislature that individual holdings of land or classes of land may be added to the list of designated lands under this section in the manner normally reserved for amending the public laws of the State. Once so designated, however, it is the intent of the Legislature that designated lands remain subject to the provisions of this section and the Constitution of Maine, Article IX, Section 23 until such time as the designation is repealed or limited by a 2/3 vote of the Legislature.”
Clearly, 12 M.R.S.A. 549-B cannot be invoked until specific parcels of land held by the state under Designated Lands are voted upon and passed on the vote of 2/3 of all the members elected to each House in accordance with 12 M.R.S.A. 598 A and the Maine State Constitution Article IX, Section 23. My original public testimony of February 25, 2015 stands.
Respectfully
Lew Kingsbury



                                                                                                                        Enclosure (1)
§598-A. Designated lands
The following lands are designated lands under the Constitution of Maine, Article IX, Section 23. Designated lands under this section may not be reduced or substantially altered, except by a 2/3 vote of the Legislature. It is the intent of the Legislature that individual holdings of land or classes of land may be added to the list of designated lands under this section in the manner normally reserved for amending the public laws of the State. Once so designated, however, it is the intent of the Legislature that designated lands remain subject to the provisions of this section and the Constitution of Maine, Article IX, Section 23 until such time as the designation is repealed or limited by a 2/3 vote of the Legislature. [1993, c. 639, §1 (NEW).]
Designated lands are: [1993, c. 639, §1 (NEW).]
1. Certain Department of Inland Fisheries and Wildlife lands.  The following lands held by the Department of Inland Fisheries and Wildlife:
A. State-owned wildlife management areas and public access sites described in section 10109, subsection 1 and section 12708; and [2003, c. 414, Pt. B, §20 (AMD); 2003, c. 614, §9 (AFF).]
B. Lands held and managed as a state game farm under the provisions of section 10109, subsection 2; [2003, c. 414, Pt. B, §20 (AMD); 2003, c. 614, §9 (AFF).]
[ 2003, c. 414, Pt. B, §20 (AMD); 2003, c. 614, §9 (AFF) .]
2. Public lands and public reserve lots. 
[ 1995, c. 502, Pt. E, §16 (RP) .]
2-A. Certain lands of the Bureau of Parks and Lands.  Lands under the care, custody, control and management of the Bureau of Parks and Lands, including:
A. Lands that constitute a state park or historic site as those terms are defined in section 1801; [1999, c. 127, Pt. A, §24 (AMD).]
B. Lands that constitute the Allagash Wilderness Waterway as defined in chapter 220, subchapter VI; [1999, c. 127, Pt. A, §25 (AMD).]
C. Lands used for public boat facilities under the provisions of chapter 220, subchapter IX, including launching ramps, locks, parking sites and access roads; [1999, c. 127, Pt. A, §26 (AMD).]
D. Public reserved lands as defined in section 1801, subsection 8; and [1997, c. 678, §8 (AMD).]
E. Nonreserved public lands as defined in section 1801, subsection 6. [1999, c. 127, Pt. A, §27 (AMD).]
Designated lands do not include: submerged lands; and all parcels of public reserved land in the towns of Bradley, LaGrange and Bradford held by the Bureau of Public Lands on January 1, 1994.
[ 1999, c. 127, Pt. A, §§24-27 (AMD); 2011, c. 657, Pt. W, §7 (REV); 2013, c. 405, Pt. A, §24 (REV) .]
3. Certain Bureau of Parks and Recreation Lands. 
[ 1995, c. 502, Pt. E, §18 (RP) .]
4. Baxter State Park Authority lands.  Lands managed by the Baxter State Park Authority not acquired by deed of gift and not contiguous to Baxter State Park. Specifically, lands deeded by Governor Percival P. Baxter by deeds of gift and lands managed by the Baxter State Park Authority that are contiguous to Baxter State Park are not designated lands;
[ 1993, c. 639, §1 (NEW) .]
5. Lands gifted to the State.  Except as provided in subsection 4, lands acquired by a deed of gift for conservation purposes; and
[ 1993, c. 639, §1 (NEW) .]
6. Lands acquired pursuant to referendum.  Lands acquired by the State through the Land for Maine's Future Board under Title 5, Part 15-A.
[ 1993, c. 639, §1 (NEW) .]
Notwithstanding any other provision of this section, a state agency owning or holding designated land under this section may contract to operate or manage that land, provided that the contract does not violate any other provision of law. [1993, c. 639, §1 (NEW).]
SECTION HISTORY
1993, c. 639, §1 (NEW). 1995, c. 502, §§E16-18 (AMD). 1997, c. 678, §8 (AMD). 1999, c. 127, §§A24-27 (AMD). 2003, c. 414, §B20 (AMD). 2003, c. 414, §D7 (AFF). 2003, c. 614, §9 (AFF). 2011, c. 657, Pt. W, §7 (REV). 2013, c. 405, Pt. A, §24 (REV).

  

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