Question 1

What are the Minimum Project Requirements for BEPs?

Accepted Answer

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.

Question 2

What are “tangible” environmental or public benefits?

Accepted Answer

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.

Question 3

How should an Applicant demonstrate that a proposed BEP’s environmental or public benefits are intended to: “mitigate or offset the potential adverse impacts directly or indirectly caused by mercury contamination”?

Accepted Answer

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.

Question 4

Are environmental benefits a requirement for any BEP?

Accepted Answer

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).

Question 5

Are projects located outside of the Penobscot River Estuary eligible?

Accepted Answer

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.

Question 6

Can BEPs be implemented on private property?

Accepted Answer

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.

Question 7

What is the funding limit for each proposed BEP?

Accepted Answer

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.

Question 8

Is partial funding of a selected BEP allowed?

Accepted Answer

Yes. The Project Trustee will consider partial funding for BEPs with adequate funding from other sources.

Question 9

Must all BEPs be completed by October 11, 2026?

Accepted Answer

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.

Question 10

Are monitoring or assessment projects eligible for funding?

Accepted Answer

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.

FAQs

Beneficial Environmental Projects Trust