HF 3466

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/07/2024 04:00pm

A bill for an act
relating to natural resources; expanding opportunities to protect native prairie;
amending Minnesota Statutes 2022, section 84.96, subdivisions 2, 3, 5.

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

Section 1.

Minnesota Statutes 2022, section 84.96, subdivision 2, is amended to read:

Subd. 2.

Definition.

For the purposes of this section, "native prairie" means deleted text begin land that
has never been plowed, with less than ten percent tree cover and with predominantly native
prairie vegetation deleted text end new text begin a grassland dominated by original native prairie vegetation, usually
occurring where the sod has never been broken new text end .

Sec. 2.

Minnesota Statutes 2022, section 84.96, subdivision 3, is amended to read:

Subd. 3.

Easement acquisition.

(a) The commissioner may acquire native prairie for
conservation purposes by entering into easements with landowners new text begin or with the land
administrator of state school trust lands. Before acquiring easements under this subdivision
on school trust lands, the commissioner must receive advice from the school trust lands
director according to section 127A.353, subdivision 4 new text end . The easements must be conservation
easements as defined in section 84C.01, clause (1), except the easements may be made
possessory as well as nonpossessory if agreed upon by the landowner new text begin or land administrator new text end
and the commissioner.

(b) The easements may be permanent or of limited duration. Highest priority must be
given to permanent easements consistent with the purposes of this section. Easements of
limited duration must be for at least 20 years, with provision for renewal for at least another
20-year period. For easements of limited duration, the commissioner may reexamine and
adjust the payment rates at the beginning of any renewal period after considering current
land and crop values.

Sec. 3.

Minnesota Statutes 2022, section 84.96, subdivision 5, is amended to read:

Subd. 5.

Payments.

(a) new text begin For interests in lands acquired under this section, new text end the
commissioner must make payments to the landowner deleted text begin under deleted text end new text begin or land administrator according
to new text end this subdivision deleted text begin for the easement deleted text end .

deleted text begin (b) For a permanent easement, the commissioner must pay 65 percent of the permanent
marginal agricultural land payment rate as established by the Board of Water and Soil
Resources for the time period when the application is made.
deleted text end

new text begin (b) For a permanent easement, the commissioner may pay up to ten percent more than
the Board of Water and Soil Resources pays for noncrop easements. If the Board of Water
and Soil Resources does not establish a noncrop easement payment rate, the commissioner
must establish land value rates for payments considering market factors, such as
county-assessed land value and sales ratio studies, along with ecological, biological, and
cultural factors that take into consideration the global rarity of native prairie. The rates must
be based on the need to protect the extremely small amount of the globally vulnerable and
imperiled remaining native prairie in Minnesota.
new text end

(c) For an easement of limited duration, the commissioner deleted text begin must pay deleted text end new text begin may pay up to new text end 65
percent of the permanent prairie bank easement rate for the time period when the application
is made.

(d) To maintain and protect native prairies, the commissioner may enter into easements
that allow selected agricultural practices. Payment must be based on paragraph (b) or (c)
but may be reduced due to the agricultural practices allowed after negotiation with the
landowner new text begin or land administrator new text end .

new text begin (e) If a native prairie qualifies for the native prairie bank but the landowner requests that
the commissioner acquire the native prairie in fee rather than acquire an easement, the
commissioner may acquire it as any outdoor recreation system classification under section
86A.05 with protections equivalent to a native prairie bank easement. For acquisition under
this paragraph, the commissioner may pay up to 25 percent more than what the Board of
Water and Soil Resources pays for noncrop easements. If the Board of Water and Soil
Resources does not establish a noncrop easement payment rate, the commissioner must
establish land value rates for payments considering market factors, such as county-assessed
land value and sales ratio studies, along with ecological, biological, and cultural factors that
take into consideration the global rarity of native prairie.
new text end

new text begin (f) For a permanent easement acquired on school trust lands under this section, the
commissioner must pay no less than 100 percent of the easement's appraised value at the
time of closing.
new text end