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In Maine, a developer may need approval from different state management agencies to access state-owned lands.
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==3-ME-f.1 to 3-ME-f.2 – Determine State Land Management Agency with Jurisdiction==
Depending on where a project is located, a project developer may need to correspond with different state land management agencies and fulfill various requirements to obtain a state land right-of-way. At the outset of a project, the developer should determine the land management agency having jurisdiction over the land and contact the appropriate agency.
==3-ME-f.3 to 3-ME-f.4 – Does the Project Cross State Reserved or Nonreserved Land?==
The [[Maine Bureau of Parks and Lands]] under the [[Maine Department of Agriculture, Conservation, and Forestry]] (“DACF”) has jurisdiction over state lands including public reserved and nonreserved lands. [[Maine – Me. Rev. Stat. tit 12, §§ 1803 et seq., General powers and duties of the bureau|Me. Rev. Stat. tit 12, § 1803(1)(B)]]. State reserved lands include “all the public reserved lots of the State...all lands acquired with proceeds from the sale of public reserved lands; all lands received by the State in exchange for or pursuant to relocation of public reserved lands; and all lands acquired by the State and expressly designated as public reserved lands by the director or otherwise by law.” [[Maine – Me. Rev. Stat. tit 12, §§ 1801 et seq., Definitions| Me. Rev. Stat. tit 12, § 1801(8)]].
Nonreserved lands include “all public domain lands, public islands and coastal water…lands acquired by the bureau pursuant to other lawful authority and any other lands the management and control of which are not otherwise provided for by law.” [[Maine – Me. Rev. Stat. tit 12, §§ 1801 et seq., Definitions|Me. Rev. Stat. tit 12, § 1801(6)]]. The DACF may lease reserved and nonreserved public land to utilities for a maximum term of 25 years, to “set and maintain or use poles [for] electric power transmission…facilities.” [[Maine – Me. Rev. Stat. tit 12, §§ 1852 et seq., Transfer or lease of public reserved land|Me. Rev. Stat. tit 12, § 1852(4)(A)]]; [[Maine – Me. Rev. Stat. tit 12, §§ 1838 et seq., Transfer or lease of nonreserved public lands|Me. Rev. Stat. tit 12, § 1838(4)(A)]]. If the proposed project encompasses state reserved or nonreserved lands then the project developer should consult the DACF to initiate a review process for obtaining an easement for transmission development.
==3-ME-f.5 – Proposal for Consideration of an Easement ==
In corresponding with the DACF, the developer should identify the parcel for development and submit any proposals (Proposal for Consideration) to the DACF for internal review.
==3-ME-f.6 to 3-ME-f.7 – Review Proposal Materials for Completeness==
The DACF must review a Proposal for Consideration for an Easement for administrative and technical completeness.
==3-ME-f.8 to 3-ME-f.10 – Review Proposal for Consideration of an Easement for Approval==
The DACF reviews the Proposal for Consideration of an Easement for approval. If the DACF approves the Proposal for Consideration of an Easement, then the project developer obtains an Approved Easement from the DACF.
Obtaining an easement from the DACF will also likely require review and approval from the Governor’s office.
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[[Maine – Me. Rev. Stat. tit 12, §§ 1803 et seq., General powers and duties of the bureau]]; [[Maine – Me. Rev. Stat. tit 12, §§ 1801 et seq., Definitions]]; [[Maine – Me. Rev. Stat. tit 12, §§ 1852 et seq., Transfer or lease of public reserved land]]; [[Maine – Me. Rev. Stat. tit 12, §§ 1838 et seq., Transfer or lease of nonreserved public lands]];
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Surface ManagerSurface OwnerMineral ManagerMineral OwnerActivityEncroachmentEnvironmentalLocationLand Use PlanGeothermal LeaseHazardous WasteImpactsFacilityFundingManagedPlannedPower PlantTransmissionTransportation
DrillingExplorationGeophysicsLeasingPower Plant DevelopmentWell Abandonment
can be described as
CogenerationSmall Power ProductionIndependent Power ProductionWholesale CustomerFERC ExemptedFERC LicensedUnderground StorageAbove-Ground StorageTemporary Water RequirementPermanent Water RequirementDrinking Water Providing
ActiveNoApplicant Is Lessee
Capacity Exceeds 20 MWCapacity Under 20 MWCapacity Is 50 MWCapacity Exceeds 50 MWCapacity Under 100 MWPUC Certification
Historic PropertiesNative American Historic PropertyNative Hawaiian Historic PropertyNational Register Historic PropertyHistoric Property (Alteration)AirportMigratory BirdsBald Or Golden EagleMarine Mammals Or HabitatFederal Endangered SpeciesFarmland Or LivestockMilitary LandWaters Of The USNavigable WatersWild Or Scenic RiverWetlands By Dregging Or FillingGroundwater By DischargeStorm WaterWater Discharge To WellWater Discharge To LandWater Point Source DischargeWaste Water Associated With Only GeothermalReceived State 401 WQ CertHas Not Received 401 WQ CertAir QualityAir Quality From ConstructionAir Quality From OperationSolid Waste
Line Capacity Under 200 kVLine Capacity Exceeds 50 kVWithin NIETCCAISO GridExempt Per GO 131 D III B 1Not Exempt From CEQAPUC CertificationProject Under GO 131 D II B 2
Assessment CompletedImpact SignificantImpact Likely SignificantAnalysis Impacts AdverseAnalysis Impacts Not AdverseNo Best Interests FindingNo Categorical ExclusionNo Determination Of NEPA AdequacyPrior State AnalysisNo Prior State AnalysisProcess Not Complete For DrillingExtraordinary Circumstances
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