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HF 1727

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:54am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to natural resources; making wellhead protection areas eligible for the
reinvest in Minnesota reserve program; modifying conservation reserve program;
appropriating money; amending Minnesota Statutes 2008, section 103F.515,
subdivisions 2, 4.

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

Section 1.

Minnesota Statutes 2008, section 103F.515, subdivision 2, is amended to
read:


Subd. 2.

Eligible land.

(a) Land may be placed in the deleted text begin conservationdeleted text end new text begin reinvest in
Minnesota
new text end reserve program if the land meets the requirements of paragraphs (b) and
(c)new text begin or paragraph (d)new text end .

(b) Land is eligible if the land:

(1) is marginal agricultural land;

(2) is adjacent to marginal agricultural land and is either beneficial to resource
protection or necessary for efficient recording of the land description;

(3) consists of a drained wetland;

(4) is land that with a windbreak new text begin or water quality improvement practice new text end would be
beneficial to resource protection;

(5) is land in a sensitive groundwater area;

(6) is riparian land;

(7) is cropland or noncropland adjacent to restored wetlands to the extent of up to
four acres of cropland or one acre of noncropland for each acre of wetland restored;

(8) is a woodlot on agricultural land;

(9) is abandoned building site on agricultural land, provided that funds are not used
for compensation of the value of the buildings; or

(10) is land deleted text begin on a hillsidedeleted text end used for pasturenew text begin that is marginal in naturenew text end .

(c) Eligible land under paragraph (a) must:

(1) be owned by the landowner, or a parent or other blood relative of the landowner,
for at least one year before the date of application;

(2) be at least five acres in size, except for a drained wetland area, riparian area,
windbreak, woodlot, or abandoned building site, or be a whole field deleted text begin as defined by the
United States Agricultural Stabilization and Conservation Services
deleted text end ;

(3) not be set aside, enrolled or diverted under another federal or state government
program unless enrollment in the deleted text begin conservationdeleted text end new text begin reinvest in Minnesotanew text end reserve program
would provide additional conservation benefits or a longer term of enrollment than under
the current federal or state program; and

(4) have been in agricultural crop production for at least two of the last five
years before the date of application except drained wetlands, riparian lands, woodlots,
abandoned building sites,new text begin environmentally sensitive areas,new text end or land on a hillside used
for pasture.

deleted text begin (d) In selecting drained wetlands for enrollment in the program, the highest priority
must be given to wetlands with a cropping history during the period 1976 to 1985.
deleted text end

new text begin (d) Land is eligible if the land is a wellhead protection area as defined under
section 103I.005, subdivision 24, and has a wellhead protection plan approved by the
commissioner of health.
new text end

(e) In selecting land for enrollment in the program, highest priority must be given to
permanent easements that are consistent with the purposes stated in section 103F.505.

Sec. 2.

Minnesota Statutes 2008, section 103F.515, subdivision 4, is amended to read:


Subd. 4.

Nature of property rights acquired.

(a) A conservation easement must
prohibit:

(1) alteration of wildlife habitat and other natural features, unless specifically
approved by the board;

(2) agricultural crop productionnew text begin and livestock grazingnew text end , unless specifically approved
by the board for deleted text begin wildlifedeleted text end new text begin conservationnew text end management purposes;new text begin and
new text end

deleted text begin (3) grazing of livestock except, for agreements entered before the effective date of
Laws 1990, chapter 391, grazing of livestock may be allowed only if approved by the
board after consultation with the commissioner of natural resources, in the case of severe
drought, or a local emergency declared under section 12.29; and
deleted text end

deleted text begin (4)deleted text end new text begin (3)new text end spraying with chemicals or mowing, exceptnew text begin :new text end

new text begin (i) new text end as necessary to comply with noxious weed control laws deleted text begin ordeleted text end new text begin ;
new text end

new text begin (ii) fornew text end emergency control of pests necessary to protect public healthnew text begin ; or
new text end

new text begin (iii) as approved by the board for conservation management purposesnew text end .

(b) A conservation easement is subject to the terms of the agreement provided in
subdivision 5.

(c) A conservation easement must allow repairs, improvements, and inspections
necessary to maintain public drainage systems provided the easement area is restored to
the condition required by the terms of the conservation easement.

new text begin (d) Notwithstanding paragraph (a), the board must permit the harvest of native
grasses for use in seed production or bioenergy on wellhead protection lands eligible
under subdivision 2, paragraph (d).
new text end

Sec. 3. new text begin APPROPRIATION.
new text end

new text begin $5,000,000 in fiscal year 2010 is appropriated from the clean water fund to the
Board of Water and Soil Resources for conservation easements on eligible lands under
section 103F.515, subdivision 2, paragraph (d).
new text end