FAQs
Beneficial Environmental Projects Trust
Frequently Asked Questions (FAQs) about the Proposal Submittal and Evaluation Process for Beneficial Environmental Projects
These FAQs are intended to provide answers for potential Applicants planning to submit proposals seeking funding for Beneficial Environmental Projects (BEPs). Click on each section to see the related FAQs.
To be considered for funding, a proposed BEP must (1) have a clearly defined scope, approximate schedule, and estimated cost; (2) be undertaken to provide tangible environmental or public benefits to affected communities or the environment to offset or mitigate the potential adverse impacts directly or indirectly caused by mercury contamination in the Penobscot River Estuary; and (3) be feasible. If the project will be implemented by the Applicant, the Applicant must be capable of completing the proposed project.
Environmental or public benefits of a proposed BEP are “tangible” when the benefits or their effects can be seen, measured, and/or otherwise observed in the physical world.
Court-ordered scientific studies documented the presence of mercury in Penobscot River Estuary sediments, and indicated potential adverse impacts at the site. An Applicant does not need to demonstrate that a proposed BEP will directly reduce mercury contamination in the Estuary. Instead, the Applicant should describe how the proposed BEP will compensate for potential adverse impacts caused by mercury contamination. Example BEPs might potentially include: increasing habitat for migratory birds whose current habitat may be impacted by mercury contamination; creating economic benefits through increased tourism to mitigate potential economic hardship caused by fishery closures; improving passage for spawning fish that are prey to other species that have been or could be harmed by mercury; restoring tidal marshes elsewhere in Maine; and/or otherwise benefitting the Penobscot ecosystem and the public’s access to and enjoyment of natural resources in the area.
No. A proposed BEP that provides tangible public benefits to affected communities will be considered for funding (even if the proposed BEP does not provide tangible environmental benefits).
A proposed BEP outside the Penobscot River Estuary that meets the Minimum Project Requirements may be considered for funding. For example, BEPs that restore, enhance, or preserve tidal marshes anywhere in the State of Maine are explicitly eligible.
Yes, as long as the project is proposed by an eligible entity. For example, a nonprofit organization’s proposed acquisition of a conservation easement on privately owned land may be considered for funding.
While there is no funding limit for each proposed BEP, the Consent Decree provides $20 million in total funds for all BEPs, and the Project Trustee anticipates the submission of many eligible BEP proposals.
Yes. The Project Trustee will consider partial funding for BEPs with adequate funding from other sources.
No. The Consent Decree requires the Project Trustee to make all feasible efforts to allocate or commit the $20 million in BEP funding by October 11, 2026. An Applicant should demonstrate that its proposed BEP will be underway or completed by October 11, 2026.
A monitoring or assessment project may be considered if the proposed BEP meets the Minimum Project Requirements, including that the project would provide tangible environmental or public benefits to affected communities or the environment that offset or mitigate the potential adverse impacts of the mercury contamination in the Estuary.