SP0186
LD 493
Session - 126th Maine Legislature
C "A", Filing Number S-86, Sponsored by
LR 1487
Item 2
Bill Tracking, Additional Documents Chamber Status

Amend the bill by striking out the title and substituting the following:

‘Resolve, Directing the Department of Agriculture, Conservation and Forestry To Convey Certain Lands to Roosevelt Conference Center Doing Business as Eagle Lake Sporting Camps’

Amend the bill by striking out everything after the title and inserting the following:

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.

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

Whereas,  the Director of the Division of Parks and Public Lands within the Department of Agriculture, Conservation and Forestry may sell or exchange lands with the approval of the Legislature in accordance with Title 12, sections 1837 and 1851; and

Whereas,  Aroostook County has experienced significant economic reductions over the last 20 years, with a 10.1% unemployment rate, aging workforce and declining population; and

Whereas,  an existing business, Eagle Lake Sporting Camps, established in 1889 and located on Eagle Lake Public Reserve Lands east of Route 11, desires to invest significantly in its business to grow into a year-round operation and to upgrade facilities and improve amenities, thus stimulating the economy, creating jobs and increasing local and state tax revenues; and

Whereas,  such investment would not be feasible or commitment made without the acquisition of fee simple ownership of sufficient land to develop and expand the business and without the lease of additional adjoining land to support a modern wilderness destination resort; and

Whereas,  the subject land is now used as a developed commercial sporting camp property, and no vital conservation land or wildlife habitat nor outdoor recreation opportunities, such as hunting and fishing, are affected by the change in land ownership, and the investment permitted by this conveyance would increase access and opportunities for public use of the Eagle Lake Public Reserve Lands; now, therefore, be it

Sec. 1. Director of the Division of Parks and Public Lands to convey certain land in T16 R6. Resolved: That the Director of the Division of Parks and Public Lands within the Department of Agriculture, Conservation and Forestry, referred to in this resolve as "the director," shall convey, by quitclaim deed without covenant and at appraised fair market value agreed to jointly by the director and the purchaser, to Roosevelt Conference Center, doing business as Eagle Lake Sporting Camps, and its successors and assigns, the land described in the lease of land in Township 16, Range 6 current as of the effective date of this resolve from the State to Roosevelt Conference Center, doing business as Eagle Lake Sporting Camps, and such additional contiguous land as agreed to by the director and the purchaser to the east of the leased land for a total of 10 acres, subject to the State's retaining or withholding any rights to subdivide the land conveyed. In addition, the director shall convey to Eagle Lake Sporting Camps, for the appraised fair market value agreed jointly by the director and the purchaser, an access right-of-way that is no greater than 66 feet wide along the service road to the Square Lake Road. The conveyance of the right-of-way must include conditions that allow Eagle Lake Sporting Camps to maintain the road and make road improvements after acquiring prior written approval from the State. The conveyances required by this section must contain conditions granting the State the right of first refusal, within 90 days following notice by Eagle Lake Sporting Camps of intent to transfer the land or the right-of-way, to reacquire the parcel and the right-of-way at the appraised fair market value agreed to jointly by the director and the purchaser, if the use of the land for a year-round sporting camp or Class A restaurant, as defined in the Maine Revised Statutes, Title 28-A, section 2, subsection 15, and lodge open to the public is discontinued or if Eagle Lake Sporting Camps fails to maintain appropriate licenses to conduct those activities from the Department of Health and Human Services.

If the director intends to lease any land to Eagle Lake Sporting Camps other than that required by this resolve, the director shall provide an opportunity for and consider comments regarding public access to the Eagle Lake Public Reserve Lands from representatives authorized by the Town of Eagle Lake.’

SUMMARY

This amendment is the majority report. It replaces the bill with a resolve and changes the title. The resolve requires the Director of the Division of Parks and Public Lands within the Department of Agriculture, Conservation and Forestry to convey to Roosevelt Conference Center, doing business as Eagle Lake Sporting Camps, a 10-acre parcel of land in Township 16, Range 6. The resolve requires the director to sell the land at fair market value and to retain or withhold any rights to subdivide. The director is also required by the resolve to convey to Eagle Lake Sporting Camps a right-of-way along the service road to the Square Lake Road for appraised fair market value. The resolve also stipulates that the State must retain a right of first refusal to reacquire the parcel and right-of-way from the owner if the use of the parcel for a year-round sporting camp or Class A restaurant and lodge is discontinued or appropriate licenses are not maintained.

FISCAL NOTE REQUIRED
(See attached)


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