12 §8428. Duties and authority of the Director of the Bureau of Forestry - Maine Statutes

Title 12: CONSERVATION

Part 11: FORESTRY

Chapter 803: FOREST HEALTH AND MONITORING HEADING: PL 1999, C. 790, PT. A, §17 (RPR)

Subchapter 4-A: MAINE SPRUCE BUDWORM MANAGEMENT ACT

§8428. Duties and authority of the Director of the Bureau of Forestry

1. General. The director shall supervise and coordinate the activities of bureau personnel in connection with all management programs.

[ 1979, c. 737, §12 (NEW) .]

2. Rules. From time to time the director may adopt and amend rules for the implementation of this subchapter. The rules shall be adopted in accordance with the procedures set forth in Title 5, chapter 375, subchapter II.

[ 1979, c. 737, §12 (NEW) .]

3. Applications. The director shall consider applications and requests made pursuant to section 8424, and shall grant conditionally or deny any such applications or requests.

[ 1979, c. 737, §12 (NEW) .]

4. Declaration of termination of spray projects. Upon receipt of information satisfactory to him to the effect that future spray projects will not be beneficial, cost-effective or otherwise in furtherance of the legislative policies of this subchapter, the director shall report the same to the Commissioner of Conservation and to the Governor and shall recommend to the Legislature that this subchapter be repealed or amended as appropriate.

[ 1979, c. 737, §12 (NEW) .]

5. Entry and inspection of lands. The director or his representatives may enter, upon reasonable advance notice to the landowner, at any reasonable time and in a reasonable manner, any tract of land for which application pursuant to section 8424, subsection 2, has been made in order to inspect the same free of any charge or cost imposed by the owner or his agents.

[ 1979, c. 737, §12 (NEW) .]

6. Inspection of records. The director or his representatives may likewise inspect the books and records of any applicant under section 8424, subsection 2, with respect to any information submitted in connection with that application. He also may require periodic progress reports from such persons in connection with any such information.

[ 1979, c. 737, §12 (NEW) .]

7. Contractual authority. The director, with the approval of the commissioner, shall have the authority to enter into contracts for the acquisition of insecticides, aircraft, personnel and other goods and services necessary or appropriate for management programs and for other purposes related to this subchapter.

[ 1979, c. 737, §12 (NEW) .]

8. Reimbursement to state agencies. Out of funds available for any spray project, the director, subject to the approval of the Governor, may reimburse other state agencies for costs incurred by them in connection with such spray project. Such costs may include, but shall not be limited to, those incurred for environmental and health monitoring and regulation. Any department or agency of State Government is authorized to accept funds which may be available for carrying out the purposes of this subchapter.

[ 1979, c. 737, §12 (NEW) .]

9. Cooperation. The director shall consult and cooperate with the United States Forest Service, other agencies of the United States and of any state, the dominion government of Canada, the governments of any provinces of Canada and public and private landowners in the State in developing and undertaking joint management program activities.

[ 1985, c. 664, §3 (NEW) .]

10. Report. The director shall, at the end of each calendar year, undertake a complete financial review of any management program activities undertaken that year and shall make a full report on the activites to the next session of the Legislature. The report shall include, but not be limited to, sources of funding, private, state or federal and total expenditures broken down in the following categories: Insecticides, aircraft, monitoring, research and other appropriate categories. Also to be included shall be a statement of any remaining balance by source, private, state or federal.

[ 1985, c. 664, §3 (NEW) .]

11. Permit applications. The director shall be responsible for processing all applications for regulatory permits and approvals for spray project operations as required by this subchapter.

[ 1985, c. 664, §3 (NEW) .]

SECTION HISTORY

1979, c. 737, §12 (NEW). 1985, c. 664, §3 (AMD).