HF 299

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; providing for voluntary termination of certain
timber permits.

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

Section 1. new text begin VOLUNTARY TERMINATION OF TIMBER SALE PERMITS.
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new text begin (a) Notwithstanding Minnesota Statutes, sections 90.161, 90.173, and 90.211, or
other law to the contrary, the commissioner of natural resources shall, in the case of
nontrust land, terminate the permit for an eligible sale of timber without penalty according
to this section and upon request of the permit holder. In the case of a permit relating
to trust land, the commissioner shall terminate the permit for an eligible sale of timber
according to this section only if termination of the permit would secure the maximum
long-term economic return from the land consistent with the fiduciary responsibilities
imposed by law in regard to the trust lands.
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new text begin (b) An "eligible sale" means a sale for timber:
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new text begin (1) the permit for which was issued on or after July 1, 2004, but before January
1, 2007;
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new text begin (2) that contains aspen as the predominant timber species; and
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new text begin (3) for which the aspen was sold for $40 per cord or more.
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new text begin (c) The maximum amount available for voluntary turn back under this section is
10,000 cords of all species for each permittee.
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new text begin (d) Upon termination of a permit under this section, the commissioner shall retain the
15 percent down payment made by the permittee under Minnesota Statutes, section 90.14,
and shall credit the amount to the permittee. In the case of a bonded sale, the permittee is
released from the bond obligation, except that the permittee must pay 15 percent of the
turn back amount, in cash, to the commissioner. The commissioner shall credit the amount
paid to the permittee. Amounts credited to permittees under this paragraph may be used
toward future timber purchases. A credit under this paragraph expires two years after the
effective date of the permit termination.
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new text begin (e) All permit terminations under this section must be completed by December 31,
2007. The commissioner of natural resources must proceed expeditiously to reoffer for
sale any timber subject of a turn back under this section.
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
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