Maine Revised Statutes > Title 12 > Part 11 > Chapter 805 – Cooperative Forestry Management
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Terms Used In Maine Revised Statutes > Title 12 > Part 11 > Chapter 805 - Cooperative Forestry Management
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Agreement: means a legally binding written document between 2 or more parties, including, but not limited to, a document commonly referred to as an accepted application, proposal, prospectus, contract, grant, joint or cooperative agreement, purchase of service or state aid. See Maine Revised Statutes Title 5 Sec. 1660-D
- agreement funding: means all agreement funds received by a community agency from the department. See Maine Revised Statutes Title 5 Sec. 1660-D
- Aircraft: means a machine or device designed for flight. See Maine Revised Statutes Title 12 Sec. 10001
- All-weather road: means a public or private road that may be traversed during all seasons of the year. See Maine Revised Statutes Title 12 Sec. 8881
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Base area: means the area within the geographic boundaries of Loring Air Force Base, as defined in section 13080?A. See Maine Revised Statutes Title 5 Sec. 13080-P
- Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
- Child or children: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- Clear-cut: means any timber harvesting on a forested site greater than 5 acres in size that results in a residual basal area of trees over 4 1/2 inches in diameter measured at 4 1/2 feet above the ground of less than 30 square feet per acre, unless, after harvesting, the site has a well-distributed stand of acceptable growing stock, as defined by rule, of at least 3 feet in height for softwood trees and 5 feet in height for hardwood trees that meets the regeneration standards defined under section 8869, subsection 1. See Maine Revised Statutes Title 12 Sec. 8868
- Commission: means the Maine Land Use Planning Commission established under section 683?A. See Maine Revised Statutes Title 12 Sec. 8868
- Commissioner: means the Commissioner of Health and Human Services, who has responsibility for the administration of this chapter. See Maine Revised Statutes Title 5 Sec. 1660-D
- Commissioner: means the Commissioner of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001
- Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
- Community agency: means any public or private nonprofit organization, firm, individual, partnership or business corporation operated for profit that:
A. See Maine Revised Statutes Title 5 Sec. 1660-DCommunity agency fiscal year: means the fiscal year of a community agency commencing on or after July 1, 1995. See Maine Revised Statutes Title 5 Sec. 1660-D County commissioners: means the county commissioners of Androscoggin County. See Maine Revised Statutes Title 30-A Sec. 722 county commissioners: means the county commissioners of Aroostook County. See Maine Revised Statutes Title 30-A Sec. 739 county commissioners: means the county commissioners of Knox County. See Maine Revised Statutes Title 30-A Sec. 751 County legislative delegation: means all state legislators whose legislative districts, in whole or in part, lie within the boundaries of a county. See Maine Revised Statutes Title 30-A Sec. 1 County officers: means the commissioners, treasurer, sheriff, register of deeds and register of probate of a county. See Maine Revised Statutes Title 30-A Sec. 1 County or municipal law enforcement officer: means a person who by virtue of employment by a county or municipal government in the State is vested by law with the power to make arrests for crimes or serve criminal process, whether that power extends to all crimes or is limited to specific crimes. See Maine Revised Statutes Title 5 Sec. 286-M Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 5 Sec. 1642 Department: means the Department of Health and Human Services as well as other departments and agencies of State Government approved for inclusion in this chapter by the commissioner. See Maine Revised Statutes Title 5 Sec. 1660-D Department: means the Department of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001 Department examination: means actions determined to be necessary by the department's audit division, including, but not limited to, analyses or testing of reported agreement balances and transactions, provision of internal control systems and compliance with rules. See Maine Revised Statutes Title 5 Sec. 1660-D Department review: means a review by the department of a community agency's submitted annual financial statement report. See Maine Revised Statutes Title 5 Sec. 1660-D Dependent: A person dependent for support upon another. Dependent: means a spouse, an unmarried child under 19 years of age, a child who is a student under 23 years of age and financially dependent upon the enrollee, a child of any age who is disabled and dependent upon the enrollee or a domestic partner. See Maine Revised Statutes Title 5 Sec. 286-M Designated agent: means a person, firm, company, corporation or other legal entity representing the landowner in timber sales or land management. See Maine Revised Statutes Title 12 Sec. 8881 Division: means the Executive Department, Division of Community Services. See Maine Revised Statutes Title 5 Sec. 1642 Division: means the Department of Administrative and Financial Services, Office of Employee Health and Wellness. See Maine Revised Statutes Title 5 Sec. 286-M Dollar threshold: means a funding limit that is set to determine how a community agency will be held accountable for agreement receipts of state and federal funds from the department. See Maine Revised Statutes Title 5 Sec. 1660-D Domestic partner: means one of 2 unmarried adults who are domiciled together under long-term arrangements that evidence a commitment to remain responsible indefinitely for each other's welfare. See Maine Revised Statutes Title 1 Sec. 72 emergency medical services line personnel: means persons who are career employees employed full-time by a public sector agency or employer and whose primary responsibility is to provide emergency medical services. See Maine Revised Statutes Title 5 Sec. 286-M Employment tax increment: means that level of state income withholding taxes attributed to employees employed within the base area, adjusted pursuant to section 13080?R. See Maine Revised Statutes Title 5 Sec. 13080-P Endangered species: means a species of fish or wildlife that has been determined by the commissioner to be in danger of extinction throughout all or a significant portion of its range and that is listed as a state endangered species under section 12803, subsection 3. See Maine Revised Statutes Title 12 Sec. 10001 Enrollee: means a county or municipal law enforcement officer or municipal firefighter who has enrolled in the program. See Maine Revised Statutes Title 5 Sec. 286-M Entitywide financial reporting: means financial statements and agreement supplemental schedules of a community agency prepared based on its fiscal year. See Maine Revised Statutes Title 5 Sec. 1660-D equipment: as used in this chapter mean any and all services, articles or things that are used by or furnished to the State or any department or agency thereof, and any and all printing, binding, publication of laws, journals and reports. See Maine Revised Statutes Title 5 Sec. 1812 Ex officio: Literally, by virtue of one's office. Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller. Federal audit: means an audit made pursuant to the federal Office of Management and Budget uniform guidance under Title 2 of the Code of Federal Regulations, Part 200 or any subsequent revisions. See Maine Revised Statutes Title 5 Sec. 1660-D Federal funds: means all federal funds received by a community agency and not just those agreements received from the department. See Maine Revised Statutes Title 5 Sec. 1660-D Fiduciary: A trustee, executor, or administrator. Firearm: means any instrument used in the propulsion of pellets, shot, shells or bullets by action of gunpowder, compressed air or gas exploded or released within it. See Maine Revised Statutes Title 12 Sec. 10001 Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Fish: means a cold-blooded, completely aquatic vertebrate characteristically having gills, fins and an elongated streamlined body usually covered with scales and includes any physical part of a fish. See Maine Revised Statutes Title 12 Sec. 10001 Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC Forest management plan: means a site-specific document signed by a professional forester outlining proposed activities to ensure compliance with performance standards and regeneration requirements established pursuant to this subchapter. See Maine Revised Statutes Title 12 Sec. 8868 Forest products: means logs, pulpwood, veneer, bolt wood, wood chips, stud wood, poles, pilings, biomass fuel wood, fuel wood, bark or other products commonly known as forest products, but does not include Christmas trees, maple syrup, nursery products used for ornamental purposes, wreaths, bough material, cones or other seed crops. See Maine Revised Statutes Title 12 Sec. 8881 Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC Fund: means the Loring Job Increment Financing Fund. See Maine Revised Statutes Title 5 Sec. 13080-P Fund: means the Firefighters and Law Enforcement Officers Health Insurance Program Fund established in subsection 7. See Maine Revised Statutes Title 5 Sec. 286-M Fund for a Healthy Maine: whenever used in this chapter , mean the Other Special Revenue account within the Department of Administrative and Financial Services established pursuant to Title 22, section 1511. See Maine Revised Statutes Title 5 Sec. 1661 Generally accepted accounting principles: means uniform minimum standards and guidelines for financial accounting and reporting ordinarily employed by skilled accountants and agreed upon by authoritative practitioners of recognized professional standing, such as the American Institute of Certified Public Accountants and other recognized professional bodies. See Maine Revised Statutes Title 5 Sec. 1660-D Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Government auditing standards: means auditing standards promulgated by the Comptroller General of the United States that are applicable to financial audits. See Maine Revised Statutes Title 5 Sec. 1660-D Governor-elect: whenever used in this chapter and chapter 145, shall be held to mean the candidate most recently elected to the office of Governor of the State of Maine in the November election for choice of Governor, or his successor. See Maine Revised Statutes Title 5 Sec. 1661 group health insurance plan: means any employer-sponsored group health insurance plan, whether self-insured or fully insured, that provides coverage to eligible employees, retirees and their dependents. See Maine Revised Statutes Title 5 Sec. 286-M Guide: means a person who receives any form of remuneration for that person's services in accompanying or assisting a person in the fields or forests or on the waters or ice within the jurisdiction of the State while hunting, fishing, trapping, boating, snowmobiling, using an all-terrain vehicle or camping at a primitive camping area. See Maine Revised Statutes Title 12 Sec. 10001 Harvest operation: means a harvest of forest products on land in a single municipality or township. See Maine Revised Statutes Title 12 Sec. 8881 Harvester: means a person, firm, company, corporation or other legal entity which harvests or contracts to harvest a forest product. See Maine Revised Statutes Title 12 Sec. 8881 hunt: means to pursue, catch, take, kill or harvest wild animals or wild birds or to attempt to catch, take, kill or harvest wild animals or wild birds. See Maine Revised Statutes Title 12 Sec. 10001 Income supplementation programs: means programs designed to supplement the income of a person or family and includes Temporary Assistance for Needy Families, the Supplemental Nutrition Assistance Program, food distribution, general assistance, supplemental security income or any other income related program utilizing state-administered funds. See Maine Revised Statutes Title 5 Sec. 1642 Independent public accountant: means a person who complies with government auditing standards and who is one of the following:
A. See Maine Revised Statutes Title 5 Sec. 1660-DInland waters: means all waters within the State above the rise and fall of the tide and wholly or partially within the territorial limits of the State, except private ponds as defined in subsection 51. See Maine Revised Statutes Title 12 Sec. 10001 Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor. Land management road: means a road constructed and used primarily for agricultural or forest management activities. See Maine Revised Statutes Title 12 Sec. 8868 Landowner: means a person, company or other entity that holds title to land, including joint owners or tenants in common. See Maine Revised Statutes Title 12 Sec. 8881 lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72 Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto). Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Lien: A claim against real or personal property in satisfaction of a debt. Liquidation harvesting: means the purchase of timberland followed by a harvest that removes most or all commercial value in standing timber, without regard for long-term forest management principles, and the subsequent sale or attempted resale of the harvested land within 5 years. See Maine Revised Statutes Title 12 Sec. 8868 Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Lump-sum sale: means a sale in which the owner of standing timber sells the timber for one price and that price is not broken down by species or product. See Maine Revised Statutes Title 12 Sec. 8881 Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72 Majority multiple-employer welfare arrangement: means the multiple-employer welfare arrangement, as defined in Title 24?A, section 6601, subsection 5, in which the majority of state municipal government employees are enrolled as of the effective date of this section. See Maine Revised Statutes Title 5 Sec. 286-M Migratory waterfowl: means anatidae, or waterfowl, including brant, wild ducks, geese and swans. See Maine Revised Statutes Title 12 Sec. 10001 Minority: when used in reference to age shall mean under the age of 18. See Maine Revised Statutes Title 1 Sec. 72 Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72 Municipal firefighter: means a person employed by a municipal fire department with the primary responsibility of aiding in the extinguishment of fires and includes a member of emergency medical services line personnel but does not include a member of a volunteer firefighter association. See Maine Revised Statutes Title 5 Sec. 286-M Municipal officers: means the mayor and municipal officers or councilors of a city, the members of the select board or councilors of a town and the assessors of a plantation. See Maine Revised Statutes Title 1 Sec. 72 Municipal officials: means the mayor, aldermen, councillors or manager of a city and the members of the select board, councillors or manager of a town located in Androscoggin County. See Maine Revised Statutes Title 30-A Sec. 722 Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72 Nonparticipating department: means a department or division of State Government other than one defined as a department in this section that has not been approved for inclusion in this chapter by the commissioner. See Maine Revised Statutes Title 5 Sec. 1660-D Nonprofit organization: means any agency, institution or organization that consists of or is owned and operated by one or more corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual. See Maine Revised Statutes Title 5 Sec. 1660-D Organization: means a corporation, partnership or unincorporated association. See Maine Revised Statutes Title 12 Sec. 10001 Outcome-based forest policy: means a science-based, voluntary process to achieve agreed-upon economic, environmental and social outcomes in the State's forests, as an alternative to prescriptive regulation, demonstrating measurable progress towards achieving statewide sustainability goals and allowing landowners to use creativity and flexibility to achieve objectives, while providing for the conservation of public trust resources and the public values of forests. See Maine Revised Statutes Title 12 Sec. 8868 Oversight: Committee review of the activities of a Federal agency or program. Parcel: means a contiguous tract or plot of forest land owned by a landowner. See Maine Revised Statutes Title 12 Sec. 8868 Person: means a human being or an organization. See Maine Revised Statutes Title 12 Sec. 10001 Precommercial silvicultural activities: means chemical or mechanical thinning operations, planting, stand conversion or timber stand improvement activities where no forest products are sold. See Maine Revised Statutes Title 12 Sec. 8881 Premises: includes lands, private ways and any buildings and structures located on the lands or private ways. See Maine Revised Statutes Title 12 Sec. 10001 Professional forester: means a person licensed pursuant to Title 32, chapter 76. See Maine Revised Statutes Title 12 Sec. 8868 Program: means the Retired County and Municipal Law Enforcement Officers and Municipal Firefighters Health Insurance Program established in this section. See Maine Revised Statutes Title 5 Sec. 286-M Public: means a municipal, county or other governmental body that is a political subdivision within the State. See Maine Revised Statutes Title 5 Sec. 1660-D Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Quorum: The number of legislators that must be present to do business. Real estate: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72 Related health and medical services: means all health or medical services utilizing state-administered funds, including Medicaid and health block grants. See Maine Revised Statutes Title 5 Sec. 1642 Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. Report: means the State's social services report. See Maine Revised Statutes Title 5 Sec. 1642 Residue: means by-products of a processed log, including, but not limited to bark, woodchips or sawdust. See Maine Revised Statutes Title 12 Sec. 8881 Risk pool: means utilizing and assessing risk factors for determining the need for an examination of an agreement. See Maine Revised Statutes Title 5 Sec. 1660-D Roundwood: means logs, bolts and other round sections of wood as they are cut from a tree. See Maine Revised Statutes Title 12 Sec. 8881 Roundwood processing operation: means sawmills; bolter mills; shingle mills; veneer mills; fence pole and piling making operations; pulp and paper mills; wafer board, particle board and plywood mills; whole tree chippers; commercial fuel wood processors; bark processors; custom processing mills of these products; and log yards established to accumulate logs awaiting shipment to these operations. See Maine Revised Statutes Title 12 Sec. 8881 Separation zone: means an area that surrounds a clear-cut and separates it from other clear-cuts. See Maine Revised Statutes Title 12 Sec. 8868 services: when used in this chapter, means any and all window cleaning services, elevator repair and maintenance services, laundry service, linen supply service, dry cleaning service, janitor service, floor maintenance service, rubbish and garbage disposal service, tree surgeon service, all types of office machine repair and maintenance service, exterminator service, refrigerator repair and maintenance service and oil burner repair and maintenance service when any such service is performed by an independent contractor. See Maine Revised Statutes Title 5 Sec. 1812 Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. Social service: means any children's, youth, adult or elderly service and substance use disorder, community action, developmental disability, home-heating assistance, juvenile, mental health, intellectual disability, older Americans, poverty, rehabilitation, transportation, weatherization or other social service that may be defined in the future and that is operated by the departments or the division utilizing state-administered funds, including related health and medical services and income supplementation programs. See Maine Revised Statutes Title 5 Sec. 1642 Social service: means any social services program funded in whole or in part through an agreement issued by the department. See Maine Revised Statutes Title 5 Sec. 1660-D Species of special concern: means a species of fish or wildlife that is not an endangered species or a threatened species but meets criteria for being of special concern as established by the commissioner by rule under section 10105, subsection 19. See Maine Revised Statutes Title 12 Sec. 10001 State - administered funds: means all General Fund money, dedicated funds, federal funds, fees, grants, 3rd-party reimbursements, vendor payments or other funds or revenues available for expenditure by the departments or the division in support of the provision of a social service. See Maine Revised Statutes Title 5 Sec. 1642 Statute: A law passed by a legislature. Stumpage: means standing timber. See Maine Revised Statutes Title 12 Sec. 8881 Threatened species: means a species of fish or wildlife that has been determined by the commissioner as likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range and that is listed as a state threatened species under section 12803, subsection 3. See Maine Revised Statutes Title 12 Sec. 10001 Timber harvesting: means the cutting or removal of trees or forest products that when cut or removed are transported to a roundwood processing operation, as defined in section 8881, subsection 10. See Maine Revised Statutes Title 12 Sec. 8868 Timber harvesting activities: means timber harvesting, the construction and maintenance of roads used primarily for timber harvesting, the mining of gravel used for the construction and maintenance of roads used primarily for timber harvesting and other activities conducted to facilitate timber harvesting. See Maine Revised Statutes Title 12 Sec. 8868 Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72 Trap: means a device that is designed primarily to catch or hold wild animals, including, but not limited to, a foothold trap, a killer-type trap, a cage-type trap or a snare. See Maine Revised Statutes Title 12 Sec. 10001 Trustee: A person or institution holding and administering property in trust. Wildlife: includes wild animals and wild birds. See Maine Revised Statutes Title 12 Sec. 10001 Wildlife management: means the art or science of producing wild animals and birds and of improving wildlife conditions in the State. See Maine Revised Statutes Title 12 Sec. 10001