HF 1797

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to forest resources; modifying unit forest 
  1.3             resource plan requirements; providing public notice; 
  1.4             amending Minnesota Statutes 1998, section 89.012; 
  1.5             proposing coding for new law in Minnesota Statutes, 
  1.6             chapter 90. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 89.012, is 
  1.9   amended to read: 
  1.10     89.012 [UNIT FOREST RESOURCE PLANS.] 
  1.11     Each geographic administrative unit of the division of 
  1.12  forestry identified by the commissioner as an appropriate unit 
  1.13  for forest resource planning shall have a unit forest resource 
  1.14  plan which is consistent with the forest resource management 
  1.15  policy and plan, including state reforestation and road 
  1.16  policies.  The scope and content of the plan shall be determined 
  1.17  by the commissioner in compliance with section 90.052.  A unit 
  1.18  plan shall not be implemented until approved by the commissioner.
  1.19     A unit plan shall set forth the specific goals and 
  1.20  objectives for the management, protection, development, and 
  1.21  production of forest resources in the administrative unit.  A 
  1.22  unit plan shall be integrated with other uses not managed under 
  1.23  the multiple use, sustained yield principles policy when those 
  1.24  uses have been authorized and approved according to law, 
  1.25  including compliance with environmental review procedures.  Unit 
  1.26  plans shall be revised as necessary to remain consistent with 
  2.1   the forest resource management plan, but at least every five 
  2.2   years.  
  2.3      Sec. 2.  [90.052] [PUBLIC NOTIFICATION.] 
  2.4      Subdivision 1.  [PLAN CONTENTS.] Each geographic 
  2.5   administrative unit of the division of forestry must prepare a 
  2.6   public notification plan at least every five years.  The plan 
  2.7   must be in a clear and understandable format and include at 
  2.8   least the following: 
  2.9      (1) sites to be managed within the administrative unit and 
  2.10  the number of acres; 
  2.11     (2) the purpose of the management activity and how it will 
  2.12  be accomplished; 
  2.13     (3) the natural heritage features of the management site; 
  2.14     (4) previous land use history and adjacent land ownership; 
  2.15     (5) existing timber sales, pending timber cuts, and timber 
  2.16  regeneration in the site; and 
  2.17     (6) water quality, wildlife, and ecological history and 
  2.18  information within and adjacent to the site. 
  2.19     Subd. 2.  [NOTICE.] The commissioner of natural resources 
  2.20  must give public notice of the plan contents in subdivision 1 by 
  2.21  the following methods: 
  2.22     (1) posting in public libraries, state parks, federal 
  2.23  forests, and other appropriate public places; 
  2.24     (2) posting in department of natural resources buildings 
  2.25  and mailing from local unit mailing lists; 
  2.26     (3) mailing to adjacent property owners within one mile of 
  2.27  the approximate boundary of a management site; 
  2.28     (4) mailing to county auditors and township boards within 
  2.29  and adjacent to the management site; 
  2.30     (5) publishing in statewide and local newspapers; and 
  2.31     (6) mailing to anyone who requests notice from the 
  2.32  commissioner. 
  2.33     Subd. 3.  [PUBLIC COMMENT.] The commissioner must allow a 
  2.34  60-day public comment period on the plan in subdivision 1 upon 
  2.35  release of the plan.  The commissioner must conduct public 
  2.36  meetings on the plan at locations near the management site.  The 
  3.1   commissioner must consider the public comments and make 
  3.2   appropriate revisions to the plan.  The final plan, with 
  3.3   explanations of public comments used or not used, must be mailed 
  3.4   to those who commented and other interested parties. 
  3.5      Subd. 4.  [PLAN REVIEW.] The commissioner must establish a 
  3.6   process for administrative review for unresolved or technical 
  3.7   issues in the plan, including, but not limited to, developing a 
  3.8   set of criteria to determine which issues, cases, and complaints 
  3.9   merit a review.  The administrative review must be sent to 
  3.10  interested members of the public, with an explanation of why 
  3.11  changes are proposed in the plan, an assessment and description 
  3.12  of any new information, and events or other factors affecting 
  3.13  the plan. 
  3.14     Subd. 5.  [TIMBER AUCTIONS.] The commissioner must give 
  3.15  public notice according to subdivision 2 of a proposed timber 
  3.16  auction, or any other sale of public timber, in a management 
  3.17  site at least 30 days before the auction.  No timber auction, or 
  3.18  any other sale of public timber, may take place without 
  3.19  satisfying the requirements of this section.