Minnesota Legislature
HF 551
1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Current Version - 1st Engrossment
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A bill for an act
relating to local governments; modifying payments to
counties for natural resources land; amending
Minnesota Statutes 2004, sections 477A.11, subdivision
4, by adding a subdivision; 477A.12, subdivisions 1,
2; 477A.14, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2004, section 477A.11,
subdivision 4, is amended to read:
Subd. 4.
Other natural resources land.
"Other natural
resources land" means:
deleted text begin
(1) deleted text end any other land presently owned in fee title by the
state and administered by the commissioner, or any tax-forfeited
land, other than platted lots within a city or those lands
described under subdivision 3, clause (2), which is owned by the
state and administered by the commissioner or by the county in
which it is locateddeleted text begin ; and
deleted text end
deleted text begin
(2) land leased by the state from the United States of
America through the United States Secretary of Agriculture
pursuant to Title III of the Bankhead Jones Farm Tenant Act,
which land is commonly referred to as land utilization project
land that is administered by the commissionerdeleted text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for payments in
2005 and thereafter.
new text end
Sec. 2.
Minnesota Statutes 2004, section 477A.11, is
amended by adding a subdivision to read:
new text begin Subd. 5.new text end
new text begin Land utilization project land.new text end
new text begin "Land
utilization project land" means land that is leased by the state
from the United States through the United States Secretary of
Agriculture according to Title III of the Bankhead Jones Farm
Tenant Act and that is administered by the commissioner.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for payments in
2005 and thereafter.
new text end
Sec. 3.
Minnesota Statutes 2004, section 477A.12,
subdivision 1, is amended to read:
Subdivision 1.
Types of land; payments.
(a) As an offset
for expenses incurred by counties and towns in support of
natural resources lands, the following amounts are annually
appropriated to the commissioner of natural resources from the
general fund for transfer to the commissioner of revenue. The
commissioner of revenue shall pay the transferred funds to
counties as required by sections 477A.11 to 477A.145. The
amounts are:
(1) for acquired natural resources land, $3, as adjusted
for inflation under section 477A.145, multiplied by the total
number of acres of acquired natural resources land or, at the
county's option three-fourths of one percent of the appraised
value of all acquired natural resources land in the county,
whichever is greater;
(2) new text begin $3, as adjusted for inflation under section 477A.145,
multiplied by the total number of acres of land utilization
project land;
new text end
new text begin
(3) new text end 75 cents, as adjusted for inflation under section
477A.145, multiplied by the number of acres of
county-administered other natural resources land; and
deleted text begin
(3) deleted text end new text begin (4) new text end 37.5 cents, as adjusted for inflation under section
477A.145, multiplied by the number of acres of
commissioner-administered other natural resources land located
in each county as of July 1 of each year prior to the payment
year.
(b) The amount determined under paragraph (a), clause (1),
is payable for land that is acquired from a private owner and
owned by the Department of Transportation for the purpose of
replacing wetland losses caused by transportation projects, but
only if the county contains more than 500 acres of such land at
the time the certification is made under subdivision 2.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for payments in
2005 and thereafter.
new text end
Sec. 4.
Minnesota Statutes 2004, section 477A.12,
subdivision 2, is amended to read:
Subd. 2.
Procedure.
Lands for which payments in lieu are
made pursuant to section 97A.061, subdivision 3, and Laws 1973,
chapter 567, shall not be eligible for payments under this
section. Each county auditor shall certify to the Department of
Natural Resources during July of each year prior to the payment
year the number of acres of county-administered other natural
resources land within the county. The Department of Natural
resources may, in addition to the certification of acreage,
require descriptive lists of land so certified. The
commissioner of natural resources shall determine and certify to
the commissioner of revenue by March 1 of the payment year:
(1) the number of acres and most recent appraised value of
acquired natural resources land within each county;
(2) the number of acres of commissioner-administered
natural resources land within each county; deleted text begin and
deleted text end
(3) the number of acres of county-administered other
natural resources land within each county, based on the reports
filed by each county auditor with the commissioner of natural
resourcesnew text begin ; and
new text end
new text begin
(4) the number of acres of land utilization project land
within each countynew text end .
The commissioner of transportation shall determine and
certify to the commissioner of revenue by March 1 of the payment
year the number of acres of land and the appraised value of the
land described in subdivision 1, paragraph (b), but only if it
exceeds 500 acres.
The commissioner of revenue shall determine the
distributions provided for in this section using the number of
acres and appraised values certified by the commissioner of
natural resources and the commissioner of transportation by
March 1 of the payment year.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for payments in
2005 and thereafter.
new text end
Sec. 5.
Minnesota Statutes 2004, section 477A.14,
subdivision 1, is amended to read:
Subdivision 1.
General distribution.
Except as provided
in subdivision 2 or in section 97A.061, subdivision 5, 40
percent of the total payment to the county shall be deposited in
the county general revenue fund to be used to provide property
tax levy reduction. The remainder shall be distributed by the
county in the following priority:
(a) 37.5 cents, as adjusted for inflation under section
477A.145, for each acre of county-administered other natural
resources land shall be deposited in a resource development fund
to be created within the county treasury for use in resource
development, forest management, game and fish habitat
improvement, and recreational development and maintenance of
county-administered other natural resources land. Any county
receiving less than $5,000 annually for the resource development
fund may elect to deposit that amount in the county general
revenue fund;
(b) From the funds remaining, within 30 days of receipt of
the payment to the county, the county treasurer shall pay each
organized township 30 cents, as adjusted for inflation under
section 477A.145, for each acre of acquired natural resources
landnew text begin , each acre of land utilization project land,new text end and each acre
of land described in section 477A.12, subdivision 1, paragraph
(b), and 7.5 cents, as adjusted for inflation under section
477A.145, for each acre of other natural resources land located
within its boundaries. Payments for natural resources lands not
located in an organized township shall be deposited in the
county general revenue fund. Payments to counties and townships
pursuant to this paragraph shall be used to provide property tax
levy reduction, except that of the payments for natural
resources lands not located in an organized township, the county
may allocate the amount determined to be necessary for
maintenance of roads in unorganized townships. Provided that,
if the total payment to the county pursuant to section 477A.12
is not sufficient to fully fund the distribution provided for in
this clause, the amount available shall be distributed to each
township and the county general revenue fund on a pro rata
basis; and
(c) Any remaining funds shall be deposited in the county
general revenue fund. Provided that, if the distribution to the
county general revenue fund exceeds $35,000, the excess shall be
used to provide property tax levy reduction.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for payments in
2005 and thereafter.
new text end