EOEEA Exec Office of Energy and Environmental Affairs

Instructions

This Portal guides users through a series of fields intended to ensure that submissions include the information needed for EEA, the public entity that has care and control of the Art. 97 land, and the Legislature to review a proposed Art. 97 Action. As to the Legislature, proponents should keep in mind that submission via the Portal is a precursor to the separate filing of legislation and provision of materials required by M.G.L. c. 3, § 5A to the Legislature for their consideration. The information required will vary based on the type of project and the materials available to the proponent. More detail on the information and documentation to be submitted is provided in the explanatory text below.

If a particular field or attachment is required (some are optional) then the application cannot be submitted if that required information has not been provided.
The application can be saved for 30 days while working on it. Click “Save and Continue” at the bottom of the form. A link to the application will be provided which must be copied and saved in order to return to the application. A good way to ensure that the link is not lost is to email it to yourself. This link will expire after 30 days.
Any submittal to the Portal is a public record.
Questions should be directed to Article97@mass.gov.

Proponent

Provide contact information for the entity making the submission to the Portal regarding a disposition or change in use of land subject to Article 97. If the proponent and the owner of the property interest subject to Art. 97 are the same, indicate that in the “Owner” section.

Applying Entity (Proponent)(Required)

Point of Contact (Name/Title)(Required)

Email(Required)

Phone(Required)

Owner of the land/interest in land subject to the Art. 97 Action

Legislation

An affirmative vote of the state Legislature (the “General Court”) is required to take an Article 97 Action. Proponents must indicate the status of relevant legislation and attach the same if available.

Legislation(Required)

Filed

Drafted but not filed

Anticipated

Filed(Required)

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Max. file size: 50 MB.

Drafted but not filed(Required)

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Max. file size: 50 MB.

* Alternatives Analysis

An alternatives analysis is required for all proposed Art. 97 Actions. Attach a PDF that addresses the following as applicable:

Narrative Description summarizing key aspects of the Art. 97 Action
Nature of the Proposed Art. 97 Action (what the Action will involve, essentially a project description, including natural resources that would be impacted)
Public Purpose/Interest Advanced: Why is the proposed Art. 97 Action necessary?
- Funding in Lieu requests must demonstrate that a significant public interest is served.
Waiver or modification requests for an impact on Art. 97 land under 2,500 sf must demonstrate: i) that a significant public interest is served and ii) that the parcel lacks significant natural resource and recreation value
Alternatives Evaluated: Demonstrate that the scope of alternatives considered is commensurate with the Art. 97 Action and indicate why each alternative is infeasible or not equivalent.
- If associated with a waiver request for the transfer of property interests without a change in use, explain the rationale for the transfer.
- If associated with a funding in lieu request, demonstrate that there will be no adverse impact on an environmental justice population, public notice has been provided, and it is not feasible to contemporaneously designate replacement land, and indicate how funds will be held and used to obtain replacement land within three years.
Actions to Minimize an Unavoidable Impact: Describe specific actions that have been or will be taken to reduce impacts to land and relevant natural resources
Mitigation: Describe parcels considered to provide replacement land to mitigate the impact of the proposed Art. 97 Action.
- Demonstrate, in writing and by including maps or other information, that the proposed replacement land is comparably located.

Public Comment (Describe means of soliciting/collecting and provide comments and responses)

Alternatives Analysis(Required)

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Max. file size: 50 MB.

Approval

Approval of the Art. 97 Action by the public entity holding the Art. 97 property interest is required, and town meeting, city council, or other entities may also be required to authorize the conveyance. Identify each entity, other than the Legislature, that must approve the Art. 97 Action. Identification of entities with permitting or review jurisdiction is not required (e.g., entities issuing an Order of Conditions or a MEPA Certificate). Attach available approval language and documentation of such approval(s).

List entities that must approve the Art. 97 Action itself.(Required)

Text of Vote(s) or Proposed Vote(s) & Documentation of Approval

Consistency between local approval language and that of legislation authorizing an Art. 97 Action is important. So that it can be confirmed, if proposed or passed warrant article or other approval language. is available attach it here, along with documentation of any approval that has already occurred. Suitable language could come from a variety of sources such as a draft or approved warrant article from the clerk, meeting minutes, or other suitable documentation.(Required)

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Max. file size: 50 MB.

Status of Local Approval Language(Required)

Already approved

Draft

Approval language not yet written

Attach the approved warrant from the clerk, meeting minutes, or other suitable documentation.

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Max. file size: 50 MB.

Waiver Request

In two circumstances, proponents can request that the Secretary of Energy and Environmental Affairs waive or modify the replacement land requirement of M.G.L. c. 3, § 5A (see “Waivers & Modifications” in the Guidance). If a waiver or modification is being requested, fill in the appropriate circle and address the standards pertaining to the desired waiver or modification in the Alternatives Analysis in sufficient detail for the Secretary to determine whether the PLPA requirements have been met.

Waiver Request

Transfer of a Property Interest Between Public Entities

Small Parcel (under 2,500 sf) of Insignificant Resource and Recreation Value

Entity Granting the Property Interest(Required)

Entity Receiving the Property Interest(Required)

Small Parcel of Insignificant Resource and Recreation Value

Waiver

Modification Requested

Relief Requested(Required)

Impacted Land

Proponents must provide information on the land or interest in land subject to Art. 97 that will be affected by their intended Art. 97 Action.

Location(Required)

Street Address Address Line 2 City State ZIP Code

Current Holder of the Conservation Interest (identify any public entity that owns a property interest subject to Article 97 that will be impacted by the proposed Art. 97 Action)(Required)

Natural resources present and current Art. 97 Use(s) such as Active Recreation, Passive Recreation, Habitat Protection, or Climate Change Mitigation that would be impacted by the proposed Art. 97 Action(Required)

(Describe in sufficient detail to communicate the natural resource and Art. 97 value of the land; see “Natural Resource Value” in the Guidance (opens in new tab))

Size – Acres or Square Feet Impacted by the Art. 97 Action(Required)

Map(s) of impacted area (Attach suitable base map(s) with the property boundaries delineated at a scale where the land and surrounding property uses are clear)(Required)

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Max. file size: 50 MB.

Appraised Value (if not waived)(Required)

See “Appraisals” in the Guidance for information on assessing a parcel for market value and value in use, and determining the higher value.

Appraisal

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Max. file size: 50 MB.

Legal Description of the Impacted Area (if not included in provided legislation) (Deed, other dedication, and/or site plan) – attach relevant documents.

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Max. file size: 50 MB.

Past Funding Received to Acquire or Improve the Impacted Land from an EEA or Federal Source

Yes

Indicate the program, the purpose of the funding, and amount received.(Required)

Provide documentation that appropriate approval has been obtained or is being pursued.

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Max. file size: 50 MB.

Additional impacted land.

Yes

Impacted Land 2

Proponents must provide information on the land or interest in land subject to Art. 97 that will be affected by their intended Art. 97 Action.

Location(Required)

Street Address Address Line 2 City State ZIP Code

Current Holder of the Conservation Interest (identify any public entity that owns a property interest subject to Article 97 that will be impacted by the proposed Art. 97 Action)(Required)

(Describe in sufficient detail to communicate the natural resource and Art. 97 value of the land; see “Natural Resource Value” in the Guidance)

Size – Acres or Square Feet Impacted by the Art. 97 Action(Required)

Map(s) of impacted area (Attach suitable base map(s) with the property boundaries delineated at a scale where the land and surrounding property uses are clear)(Required)

Drop files here or

Max. file size: 50 MB.

Appraised Value (if not waived)(Required)

See “Appraisals” in the Guidance (opens in new tab) for information on assessing a parcel for market value and value in use, and determining the higher value.

Appraisal

Drop files here or

Max. file size: 50 MB.

Legal Description of the Impacted Area (if not included in provided legislation) (Deed, other dedication, and/or site plan) – attach relevant documents.

Drop files here or

Max. file size: 50 MB.

Past Funding Received to Acquire or Improve the Impacted Land from an EEA or Federal Source

Yes

Indicate the program, the purpose of the funding, and amount received.(Required)

Provide documentation that appropriate approval has been obtained or is being pursued.

Drop files here or

Max. file size: 50 MB.

Funding in Lieu Request

M.G.L. c. 3, § 5A provides an option, in certain circumstances, for proponents to provide funding in lieu of replacement land, or a combination of funding and replacement land. To do so, proponents must petition the Secretary of Energy and Environmental Affairs and the Secretary must find that the proponent has met the statutory requirements. Proponents seeking such a finding should fill in the following button. If not documented in the alternatives analysis, proponents should provide documentation of the public notification and comment process and its completion. The alternatives analysis should include sufficient information necessary for the Secretary to determine whether the requested finding is justified.

Funding in Lieu Request

Yes

Public Notice

Attach as a PDF any public notification done to augment alternatives analysis (as applicable)

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Max. file size: 50 MB.

Account into which funds would be deposited

Replacement Land

Proponents must provide information on the land or interest in land that will be made subject to Art. 97 to replace that affected by their Art. 97 Action (unless the proposed Art. 97 Action meets the standards for a waiver to the replacement land requirement and a waiver is being requested from the Secretary of Energy and Environmental Affairs).

Location(Required)

Street Address Address Line 2 City State ZIP Code

Current Ownership(Required)

Current Uses (Demonstrate as needed that the replacement land is not already conserved)(Required)

* Future Art. 97 Use(s)

Explain & attach maps or other files showing how the Art. 97 uses/values of the impacted parcel are to be replicated.

Explain(Required)

Intended Means of Conferring Art. 97 Status to the Replacement Land(Required)

Involuntary Taking

Acquisition Via Voluntary Sale or Gift

Dedication of Land owned by the public entity that is not already Subject to Art. 97

Size – Acres or Square Feet(Required)

Map(s) (Attach USGS topographic or other suitable base map(s) with the property boundaries delineated at a scale where the land and surrounding property uses are clear)(Required)

Drop files here or

Max. file size: 50 MB.

Appraised Value Appraised Value (if not waived see “Appraisals” on page 5 of the Guidance)(Required)

link to the Guidance available below.

Guidance (opens in new tab)

Appraisal

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Max. file size: 50 MB.

Legal Description of the Land

If not provided in proposed legislation attach relevant documents such as a Deed, metes & bounds, or site plan– attach site relevant documents.

Drop files here or

Max. file size: 50 MB.

Additional replacement land.

Yes

Replacement Land 2

Location(Required)

Street Address Address Line 2 City State ZIP Code

Current Ownership(Required)

Current Uses (Demonstrate as needed that the replacement land is not already conserved)(Required)

* Future Art. 97 Use(s)

Explain & attach maps or other files showing how the Art. 97 uses/values of the impacted parcel are to be replicated.

Explain(Required)

Attach maps or other files showing how the Art. 97 uses/values of the impacted parcel are to be replicated.(Required)

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Max. file size: 50 MB.

Intended Means of Conferring Art. 97 Status to the Replacement Land(Required)

Involuntary Taking

Acquisition Via Voluntary Sale or Gift

Dedication of Land owned by the public entity that is not already Subject to Art. 97

Other

Size – Acres or Square Feet(Required)

Map(s) (Attach USGS topographic or other suitable base map(s) with the property boundaries delineated at a scale where the land and surrounding property uses are clear)(Required)

Drop files here or

Max. file size: 50 MB.

Appraised Value Appraised Value (if not waived see “Appraisals” on page 5 of the Guidance)(Required)

link to the Guidance available below.

Guidance (opens in new tab)

Appraisal

Drop files here or

Max. file size: 50 MB.

Legal Description of the Land

If not provided in proposed legislation attach relevant documents such as a Deed, metes & bounds, or site plan– attach site relevant documents.

Drop files here or

Max. file size: 50 MB.