HF 2165

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/20/2014 04:16pm

A bill for an act
relating to natural resources; updating the Minnesota Sustainable Forest
Resources Act; amending Minnesota Statutes 2012, sections 89A.02; 89A.03,
subdivisions 1, 6; 89A.04; 89A.05, subdivisions 1, 3; 89A.06, subdivisions 1,
2, 4; 89A.07; 89A.08, subdivisions 1, 2, 3; 89A.09; 89A.10; 89A.11; proposing
coding for new law in Minnesota Statutes, chapter 89A; repealing Minnesota
Statutes 2012, sections 89A.05, subdivisions 2a, 4; 89A.06, subdivision 2a.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 89A.02, is amended to read:

89A.02 POLICY.

It is the policy of the state to:

(1) pursue the sustainable management, use, and protection of the state's forest
resources to achieve the state's economic, environmental, and social goals;

(2) encourage cooperation and collaboration between public and private sectors in
the management of the state's forest resources;

(3) recognize and consider forest resource issues, concerns, and impacts at the
site new text begin level new text end and landscape deleted text begin levels deleted text end new text begin level new text end ; and

(4) recognize the broad array of perspectives regarding the management, use,
and protection of the state's forest resources, and establish new text begin and maintain new text end processes and
mechanisms that seek and incorporate these perspectives in the planning and management
of the state's forest resources.

Nothing in this chapter abolishes, repeals, or negates any existing authorities related
to managing and protecting the state's forest resources.

Sec. 2.

Minnesota Statutes 2012, section 89A.03, subdivision 1, is amended to read:

Subdivision 1.

Membership.

The governor must appoint a chair and 15 other
members to the Minnesota Forest Resources Council. The Indian Affairs Council will
appoint one additional member. When making appointments to the council, the governor
must appoint knowledgeable individuals with an understanding of state forest resource
issues who deleted text begin fairly deleted text end reflect a balance of the various interests in the sustainable management,
use, and protection of the state's forest resources in order to achieve the purpose and
policies specified in subdivision 2 and section 89A.02. The council membership deleted text begin appointed
by the governor deleted text end must include the following individuals:

(1) two representatives from organizations representing environmental interests
within the state;

(2) a representative from an organization representing the interests of management
of game species;

(3) a representative from a conservation organization;

(4) a representative from an association representing forest products industry within
the state;

(5) a commercial logging contractor active in a forest product association;

(6) a representative from a statewide association representing the resort and tourism
industry;

(7) a faculty or researcher of a Minnesota research or higher educational institution;

(8) new text begin a representative from an association representing family forest woodlands who is
new text end an owner of nonindustrial, private forest land of 40 acres or more;

(9) an owner of nonindustrial, private forest land;

(10) a representative from the department;

(11) a county land commissioner who is a member of the Minnesota Association
of County Land Commissioners;

(12) a representative from the United States new text begin Department of Agriculture new text end Forest
Service unit with land management responsibility in Minnesota;

(13) a representative from a labor organization with membership having an interest
in forest resource issues;

(14) an individual representing a secondary wood products manufacturing
organization; deleted text begin and
deleted text end

(15) a chair new text begin ; and
new text end

new text begin (16) an individual representing the Minnesota Indian Affairs Council new text end .

Sec. 3.

Minnesota Statutes 2012, section 89A.03, subdivision 6, is amended to read:

Subd. 6.

new text begin Biennial new text end report.

The council must report to the governor and to the
legislative committees and divisions with jurisdiction over environment and natural
resource policy and finance by February 1 of each new text begin odd-numbered new text end year. The report must
describe the progress and accomplishments made by the council during the preceding
deleted text begin year deleted text end new text begin two years new text end .

Sec. 4.

Minnesota Statutes 2012, section 89A.04, is amended to read:

89A.04 PARTNERSHIP.

It is the policy of the state to encourage forest landowners, forest managers, and
loggers to deleted text begin establish deleted text end new text begin maintain new text end a partnership in which the implementation of council
recommendations can occur in a timely and coordinated manner across ownerships. The
partnership shall serve as a forum for discussing operational implementation issues
and problem solving related to forest resources management and planning concerns,
and be responsive to the recommendations of the council. This partnership shall also
actively foster collaboration and coordination among forest managers new text begin , landowners, new text end and
deleted text begin landowners deleted text end new text begin loggers new text end in addressing landscape-level operations and concerns. In fulfilling
its responsibilities as identified in this chapter, the partnership may advise the council.
Nothing in this section shall imply extra rights or influence for the partnership.

Sec. 5.

Minnesota Statutes 2012, section 89A.05, subdivision 1, is amended to read:

Subdivision 1.

Development new text begin and revision new text end .

The council shall coordinate the
development new text begin and periodic revision new text end of comprehensive timber harvesting and forest
management guidelines new text begin based on the information derived from forest resources, practices,
implementation, and effectiveness monitoring programs, and other information deemed
appropriate by the council new text end . The guidelines must address the water, air, soil, biotic,
recreational, new text begin cultural, new text end and aesthetic resources found in forest ecosystems by focusing
on those impacts commonly associated with applying site-level forestry practices. The
guidelines must reflect a range of practical and sound practices based on the best available
scientific information, and be integrated to minimize conflicting recommendations while
being easy to understand and implement. deleted text begin By June 30, 2003, the council shall review the
guidelines and identify potential revisions. If deemed necessary, the council shall update
the guidelines by June 30, 2005. deleted text end Changes to the guidelines shall be peer reviewed prior
to final adoption by the council. deleted text begin By December 1999, the council must undertake a peer
review of the recommendations in the forest management guidelines adopted in December
1998 for protecting forest riparian areas and seasonal ponds.
deleted text end

Sec. 6.

Minnesota Statutes 2012, section 89A.05, subdivision 3, is amended to read:

Subd. 3.

Application.

The timber harvesting and forest management guidelines
are voluntary. deleted text begin Prior to their actual use, deleted text end The council must develop new text begin and periodically assess
new text end guideline implementation goals deleted text begin for each major forest land ownership category deleted text end new text begin that will
sustain forest resources new text end . If the information developed as a result of forest resources,
practices, deleted text begin compliance deleted text end new text begin implementation new text end , and effectiveness monitoring programs conducted
by the department or other information obtained by the council indicates the implementation
goals for the guidelines are not being met and the council determines significant adverse
impacts are occurring, the council shall recommend to the governor additional measures to
address those impacts. The council must incorporate the recommendations as part of the
council's biennial report required by section 89A.03, subdivision 6.

Sec. 7.

Minnesota Statutes 2012, section 89A.06, subdivision 1, is amended to read:

Subdivision 1.

Framework.

The council must deleted text begin establish deleted text end new text begin maintain new text end a framework that
will enable long-range strategic planning and deleted text begin landscape deleted text end coordination to occur, to the
extent possible, across all forested regions of the state and across all ownerships. The
framework must include:

(1) identification of the landscapes within which long-range strategic planning of
forest resources can occur, provided that the landscapes must be delineated based on
broadly defined ecological units and existing classification systems, yet recognize existing
political and administrative boundaries and planning processes;

(2) a statement of principles and goals for landscape-based forest resource planning;
and

(3) identification of a general process by which landscape-based forest resource
planning occurs, provided that the process must give considerable latitude to design
planning processes that fit the unique needs and resources of each landscape; reflect a
balanced consideration of the economic, social, and environmental conditions and needs
of each landscape; and interface and establish formats that are compatible with other
landscape-based forest resource plans.

Sec. 8.

Minnesota Statutes 2012, section 89A.06, subdivision 2, is amended to read:

Subd. 2.

Regional forest resource committees.

To foster landscape-based
forest resource planning, the council must deleted text begin establish deleted text end new text begin maintain new text end regional forest resource
committees. Each regional committee shall:

(1) include representative interests in a particular region that are committed to and
involved in landscape planning and coordination activities;

(2) serve as a forum for landowners, managers, and representative interests to
discuss landscape forest resource issues;

(3) deleted text begin identify and deleted text end implement an open and public process whereby landscape-based
strategic planning of forest resources can occur;

(4) integrate its deleted text begin report deleted text end new text begin landscape planning efforts new text end with existing public and private
deleted text begin landscape deleted text end new text begin land management new text end planning efforts in the region;

(5) facilitate landscape coordination between deleted text begin existing regional landscape planning
efforts of deleted text end land managers new text begin in the region new text end , both public and private;

(6) identify and facilitate opportunities for public participation in deleted text begin existing deleted text end landscape
planning new text begin and coordination new text end efforts in deleted text begin this deleted text end new text begin the new text end region;

(7) identify sustainable forest resource goals for the landscape and deleted text begin strategies
deleted text end new text begin objectives new text end to achieve those goals; deleted text begin and
deleted text end

new text begin (8) periodically recommend that the council undertake revisions of the region's
landscape plan; and
new text end

deleted text begin (8) deleted text end new text begin (9) new text end provide deleted text begin a deleted text end regional deleted text begin perspective deleted text end new text begin perspectives new text end to the council with respect
to council activities.

Sec. 9.

Minnesota Statutes 2012, section 89A.06, subdivision 4, is amended to read:

Subd. 4.

Report.

new text begin By November 1 of each even-numbered year, new text end each regional
committee must report to the council its work activities and accomplishments.

Sec. 10.

Minnesota Statutes 2012, section 89A.07, is amended to read:

89A.07 MONITORING.

Subdivision 1.

Forest resource monitoring.

The commissioner shall deleted text begin establish
deleted text end new text begin maintain new text end a program for monitoring broad trends and conditions in the state's forest
resources at statewide, landscape, and site levels. The council shall provide oversight and
program direction for the deleted text begin development and deleted text end implementation of the monitoring program.
To the extent possible, the information generated under the monitoring program must
be reported in formats consistent with the landscape regions used to accomplish the
planning and coordination activities specified in section 89A.06. To the extent possible,
the program must incorporate data generated by existing resource monitoring programs.
deleted text begin The commissioner shall report to the council information on current conditions and recent
trends in the state's forest resources.
deleted text end

Subd. 2.

deleted text begin Practices and compliance deleted text end new text begin Implementation new text end monitoring.

The
commissioner shall deleted text begin establish deleted text end new text begin maintain new text end a program for monitoring deleted text begin silvicultural practices
and deleted text end application of the timber harvesting and forest management guidelines at statewide,
landscape, and site levels. The council shall provide oversight and program direction for
the deleted text begin development and deleted text end implementation of the monitoring program. To the extent possible,
the information generated by the monitoring program must be reported in formats
consistent with the landscape regions used to accomplish the planning and coordination
activities specified in section 89A.06. The commissioner shall report to the council on the
nature and extent of deleted text begin silvicultural practices used, and compliance with deleted text end the new text begin implementation
of the new text end timber harvesting and forest management guidelines.

Subd. 3.

Effectiveness deleted text begin monitoring deleted text end new text begin evaluation new text end .

The deleted text begin commissioner deleted text end new text begin council new text end , in
cooperation with deleted text begin other deleted text end research and land management organizations, shall evaluate the
effectiveness of practices to mitigate impacts of timber harvesting and forest management
activities on the state's forest resources. deleted text begin The council shall provide oversight and program
direction for the development and implementation of this monitoring program. The
commissioner shall report to the council on the effectiveness of these practices.
deleted text end

deleted text begin Subd. 4. deleted text end

deleted text begin Other studies and programs. deleted text end

deleted text begin The council shall monitor the
implementation of other programs, formal studies, and initiatives affecting Minnesota's
forest resources.
deleted text end

Subd. 5.

Citizen concerns.

The council shall deleted text begin facilitate the establishment of
deleted text end new text begin administer new text end a new text begin public concerns registration new text end process to accept comments from the public on
deleted text begin negligent deleted text end timber harvesting or forest management practices.

Sec. 11.

Minnesota Statutes 2012, section 89A.08, subdivision 1, is amended to read:

Subdivision 1.

Establishment.

The council new text begin chair new text end shall appoint a Forest Resources
Research Advisory Committee new text begin and a chair of that committee new text end . deleted text begin Notwithstanding section
15.059, the council does not expire. deleted text end The committee must consist of representatives of:

(1) the College of deleted text begin Natural Resources deleted text end new text begin Food, Agricultural and Natural Resource
Sciences new text end , University of Minnesota;

(2) the Natural Resources Research Institute, University of Minnesota new text begin , Duluth new text end ;

(3) the department;

(4) the deleted text begin North Central Forest Experiment deleted text end new text begin Northern Research new text end Station, United States
new text begin Department of Agriculture new text end Forest Service; and

(5) other organizations as deemed appropriate by the council.

Sec. 12.

Minnesota Statutes 2012, section 89A.08, subdivision 2, is amended to read:

Subd. 2.

Purpose.

The purpose of the advisory committee is to deleted text begin foster the
identification deleted text end new text begin identify new text end and deleted text begin undertaking of deleted text end new text begin initiate new text end priority forest resources research
activities by encouraging:

(1) collaboration between organizations with responsibilities for conducting forest
resources research;

(2) linkages between researchers in different disciplines in conducting forest
resources research; deleted text begin and
deleted text end

(3) interaction and communication between researchers and practitioners in the
development and use of forest resources research new text begin ; and
new text end

new text begin (4) communication with the legislature on funding the council's priority forest
resources research activities new text end .

Sec. 13.

Minnesota Statutes 2012, section 89A.08, subdivision 3, is amended to read:

Subd. 3.

Research assessment.

The advisory committee shall periodically
undertake an assessment of strategic directions in forest resources research. The
assessment must be based on input provided by administrators, researchers, practitioners,
and the general public, and include:

(1) an assessment of the current status of deleted text begin forestry deleted text end new text begin forest new text end resources research in the state;

(2) an identification of important forest resource issues in need of research;

(3) an identification of priority forest research activities whose results will enable
a better understanding of site-level and landscape-level impacts resulting from timber
harvesting and forest management activities; and

(4) an assessment of the progress toward addressing the priority forest resources
research needs identified.

The forest resources research assessment must be made widely available to the
research community, forest managers and users, and the public.

Sec. 14.

Minnesota Statutes 2012, section 89A.09, is amended to read:

89A.09 INTERAGENCY INFORMATION COOPERATIVE.

Subdivision 1.

Establishment.

The dean of the deleted text begin University of Minnesota, deleted text end College of
new text begin Food, Agricultural and new text end Natural deleted text begin Resources deleted text end new text begin Resource Sciences, University of Minnesota new text end ,
deleted text begin shall be deleted text end new text begin is new text end encouraged to deleted text begin coordinate the establishment of deleted text end new text begin maintain new text end an Interagency
Information Cooperative deleted text begin . Members of the cooperative deleted text end new text begin that new text end must include new text begin members from new text end :

(1) the deleted text begin University of Minnesota, deleted text end College of new text begin Food, Agricultural and new text end Natural
deleted text begin Resources deleted text end new text begin Resource Sciences, University of Minnesota new text end ;

(2) the deleted text begin University of Minnesota, deleted text end Natural Resources Research Institute new text begin , University of
Minnesota, Duluth new text end ;

(3) the department;

(4) the Minnesota Geospatial Information Office;

(5) the Minnesota Association of County Land Commissioners;

(6) the United States new text begin Department of Agriculture new text end Forest Service; and

(7) other organizations as deemed appropriate by the members new text begin of the cooperative new text end .

Subd. 2.

Purpose.

The purposes of the cooperative are to:

(1) coordinate the development and use of forest resources data in the state;

(2) promote the development of statewide guidelines and common language to
enhance the ability of public and private organizations and institutions to share forest
resources data;

(3) promote the development of information systems that support access to important
forest resources data;

(4) promote improvement in the accuracy, reliability, and statistical soundness of
fundamental forest resources data;

(5) promote linkages and integration of forest resources data to other natural
resource information;

(6) promote access and use of forest resources data and information systems in
decision-making by a variety of public and private organizations; new text begin and
new text end

(7) promote expanding the capacity and reliability of forest growth, succession,
and other types of ecological models deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (8) conduct a needs assessment for improving the quality and quantity of information
systems.
deleted text end

Subd. 3.

Report.

new text begin By November 1 of each even-numbered year, new text end the information
cooperative shall report to the council its accomplishments in fulfilling the responsibilities
identified in this section.

Sec. 15.

Minnesota Statutes 2012, section 89A.10, is amended to read:

89A.10 CONTINUING EDUCATION deleted text begin ; CERTIFICATION deleted text end .

It is the policy of the state to encourage timber harvesters and forest resource
professionals to deleted text begin establish deleted text end new text begin maintain new text end continuing education programs within their respective
professions that promote sustainable forest management new text begin , including the Minnesota Logger
Education Program and the University of Minnesota Sustainable Forests Education
Cooperative, respectively new text end . deleted text begin The council shall, where appropriate, facilitate the development
of these programs.
deleted text end

Sec. 16.

new text begin [89A.105] IMPLEMENTATION.
new text end

new text begin Implementation of this chapter is subject to biennial appropriations of the legislature.
new text end

Sec. 17.

Minnesota Statutes 2012, section 89A.11, is amended to read:

89A.11 deleted text begin REPEALER deleted text end new text begin SUNSET new text end .

Sections 89A.01; 89A.02; 89A.03; 89A.04; 89A.05; 89A.06; 89A.07; 89A.08;
89A.09; 89A.10; new text begin ; new text end and 89A.11, are repealed June 30, deleted text begin 2017 deleted text end new text begin 2021 new text end .

Sec. 18. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, sections 89A.05, subdivisions 2a and 4; and 89A.06,
subdivision 2a, new text end new text begin are repealed.
new text end