SF 2719

Introduction - 79th Legislature (1995 - 1996)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act 
  1.2             relating to agriculture; creating a program to acquire 
  1.3             easements on agricultural lands that were previously 
  1.4             in the federal conservation reserve program; 
  1.5             authorizing the sale of bonds; appropriating money; 
  1.6             proposing coding for new law in Minnesota Statutes, 
  1.7             chapter 103F. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [103F.541] [DEFINITIONS.] 
  1.10     Subdivision 1.  [APPLICABILITY.] The definitions in this 
  1.11  section apply to sections 103F.541 to 103F.545. 
  1.12     Subd. 2.  [BEGINNING FARMER.] "Beginning farmer" means a 
  1.13  resident of Minnesota or a domestic family farm corporation, as 
  1.14  defined in section 500.24, subdivision 2, with a total net 
  1.15  worth, including assets and liabilities of the borrower's spouse 
  1.16  and dependents, of less than $200,000 in 1991 and an amount in 
  1.17  subsequent years which is adjusted for inflation by multiplying 
  1.18  $200,000 by the cumulative inflation rate as determined by the 
  1.19  United States all-items Consumer Price Index. 
  1.20     Subd. 3.  [BOARD.] "Board" means the board of water and 
  1.21  soil resources. 
  1.22     Subd. 4.  [CONSERVATION EASEMENT.] "Conservation easement" 
  1.23  means a conservation easement as defined in section 84C.01. 
  1.24     Subd. 5.  [CONSERVATION PLAN.] "Conservation plan" means a 
  1.25  set of conservation practices developed by the local soil and 
  1.26  water conservation district for eligible agricultural land that 
  2.1   will protect water quality, minimize sedimentation, and limit 
  2.2   soil erosion within the soil loss tolerance. 
  2.3      Subd. 6.  [CONSERVATION PRACTICES.] "Conservation practices"
  2.4   has the meaning given it in section 103F.401, subdivision 3. 
  2.5      Subd. 7.  [ELIGIBLE AGRICULTURAL LAND.] "Eligible 
  2.6   agricultural land" means land that is currently or within the 
  2.7   last two years has been enrolled in the federal conservation 
  2.8   reserve program, under United States Code, title 16, section 
  2.9   3831, and: 
  2.10     (1) is composed of class I, II, III, and IV land as 
  2.11  identified in the land capability classification system of the 
  2.12  United States Department of Agriculture; or 
  2.13     (2) is similar to land described under clause (1) and 
  2.14  identified under a land classification system selected by the 
  2.15  board. 
  2.16     Subd. 8.  [LANDOWNER.] "Landowner" means individuals, 
  2.17  family farms, family farm partnerships, authorized farm 
  2.18  partnerships, family farm corporations, and authorized farm 
  2.19  corporations as defined in section 500.24, subdivision 2, and 
  2.20  estates and testamentary trusts, which own eligible agricultural 
  2.21  land. 
  2.22     Subd. 9.  [SOIL LOSS TOLERANCE.] "Soil loss tolerance" 
  2.23  means the maximum rate of annual soil erosion that will permit 
  2.24  crop productivity to be sustained economically and 
  2.25  indefinitely.  Soil loss tolerance values are provided in the 
  2.26  field office technical guide or the United States Department of 
  2.27  Agriculture soil conservation service soil survey for a 
  2.28  particular county. 
  2.29     Sec. 2.  [103F.543] [CRP LAND TRANSFER PROGRAM.] 
  2.30     Subdivision 1.  [ESTABLISHMENT OF PROGRAM.] The board, in 
  2.31  consultation with the commissioner of agriculture, shall 
  2.32  establish and administer a CRP land transfer program and 
  2.33  implement sections 103F.541 to 103F.545. 
  2.34     Subd. 2.  [CONSERVATION EASEMENTS.] (a) The board may 
  2.35  acquire conservation easements on eligible agricultural land.  
  2.36  An easement must be for a period of 20 years.  The negotiation 
  3.1   and acquisition of easements authorized by this section are 
  3.2   exempt from the contractual provisions of chapter 16B.  In 
  3.3   easement acquisition, the board shall in order of priority give 
  3.4   preference to easements that are for: 
  3.5      (1) landowners conveying or leasing the eligible land to a 
  3.6   beginning farmer; or 
  3.7      (2) landowners enrolling at least ten percent of their land 
  3.8   that was previously enrolled in the federal CRP program into a 
  3.9   permanent easement under section 103F.515. 
  3.10     (b) The board may only acquire an easement on agricultural 
  3.11  land under this section after it determines there is adequate 
  3.12  funding appropriated to make the annual payments required under 
  3.13  subdivision 5 for the duration of the easement. 
  3.14     Subd. 3.  [NATURE OF PROPERTY RIGHTS ACQUIRED.] A 
  3.15  conservation easement must require that the activities on the 
  3.16  enrolled lands comply with a conservation plan prepared for the 
  3.17  eligible agricultural land. 
  3.18     Subd. 4.  [AGREEMENTS BY LANDOWNER.] The board may enroll 
  3.19  eligible agricultural land in the CRP land transfer program by 
  3.20  signing an agreement in recordable form with a landowner in 
  3.21  which the landowner agrees to convey to the state a conservation 
  3.22  easement. 
  3.23     Subd. 5.  [PAYMENTS FOR CONSERVATION EASEMENTS AND 
  3.24  ESTABLISHING CONSERVATION PRACTICES.] The board shall make the 
  3.25  following payments to the landowner for the conservation 
  3.26  easement and practices: 
  3.27     (1) to establish permanent conservation practices required 
  3.28  by the conservation plan, for the installation of permanent 
  3.29  livestock watering systems, or for the installation of permanent 
  3.30  fencing for grazing systems, up to 75 percent of the total 
  3.31  eligible cost, not to exceed $75 per acre; and 
  3.32     (2) ten annual payments each equal to five percent of the 
  3.33  assessor's township average market value for tillable land at 
  3.34  the time of enrollment, under subdivision 4, for land restricted 
  3.35  to grazing and haying under the conservation plan; 
  3.36     (3) ten annual payments each equal to 2-1/2 percent of the 
  4.1   assessor's township average market value for tillable land at 
  4.2   the time of enrollment, under subdivision 4, for land where 
  4.3   cropping is allowed under the conservation plan; or 
  4.4      (4) an alternative payment system for easements as may be 
  4.5   determined by the board. 
  4.6      Subd. 6.  [EASEMENT RENEWAL.] When a conservation easement 
  4.7   expires, a new conservation easement and agreement for an 
  4.8   additional period of not less than 20 years may be acquired by 
  4.9   agreement of the board and the landowner, under the terms of 
  4.10  this section.  The board may adjust payment rates as a result of 
  4.11  renewing an agreement and conservation easement only after 
  4.12  examining the condition of conservation practices and land 
  4.13  values. 
  4.14     Subd. 7.  [CORRECTION OF CONSERVATION EASEMENT BOUNDARY 
  4.15  LINES.] To correct errors in legal descriptions for easements 
  4.16  that affect the ownership interests in the state and adjacent 
  4.17  landowners, the board may, in the name of the state, with the 
  4.18  approval of the attorney general, convey, without consideration, 
  4.19  interests of the state necessary to correct legal descriptions 
  4.20  of boundaries.  The conveyance must be by quitclaim deed or 
  4.21  release in a form approved by the attorney general. 
  4.22     Subd. 8.  [ENFORCEMENT AND DAMAGES.] (a) A landowner or 
  4.23  beginning farmer who violates the term of a conservation 
  4.24  easement or agreement under this section, or induces, assists, 
  4.25  or allows another to do so, is liable to the state for treble 
  4.26  damages if the trespass is willful, but liable for double 
  4.27  damages only if the trespass is not willful.  The amount of 
  4.28  damages is the amount needed to make the state whole or the 
  4.29  amount the landowner has gained due to the violation, whichever 
  4.30  is greater. 
  4.31     (b) Upon the request of the board, the attorney general may 
  4.32  commence an action for specific performances, injunctive relief, 
  4.33  damages, including attorney's fees, and any other appropriate 
  4.34  relief to enforce sections 103F.541 to 103F.545 in district 
  4.35  court in the county where all or part of the violation is 
  4.36  alleged to have committed, or where the landowner resides or has 
  5.1   a principal place of business. 
  5.2      Subd. 9.  [MONITORING.] Soil and water conservation 
  5.3   district staff must make periodic inspections of lands subject 
  5.4   to a conservation easement under this section. 
  5.5      Subd. 10.  [RELEASE AND ALTERATION OF EASEMENTS.] The board 
  5.6   may alter, release, or terminate conservation easements after 
  5.7   consultation with the commissioner of agriculture, if the board 
  5.8   determines that the public interest and general welfare are 
  5.9   better served by the alteration, release, or termination. 
  5.10     Subd. 11.  [TECHNICAL ASSISTANCE AND PROGRAM 
  5.11  INFORMATION.] (a) The board and the commissioner of agriculture 
  5.12  shall jointly coordinate existing resources and utilize the best 
  5.13  available data and technologies, including geographic 
  5.14  information systems to develop an information base and inventory 
  5.15  of CRP land for sale or lease to help match beginning farmers 
  5.16  with retiring farmers.  The commissioner of agriculture, in 
  5.17  cooperation with higher education institutions and farm groups, 
  5.18  shall use the information to promote the CRP land transfer 
  5.19  program. 
  5.20     (b) The board and the commissioner of agriculture must 
  5.21  provide necessary technical assistance to landowners enrolled in 
  5.22  the conservation reserve program. 
  5.23     (c) The board and the commissioner of agriculture shall 
  5.24  jointly prepare an informational booklet on the conservation 
  5.25  reserve program and other state and federal programs for land 
  5.26  acquisition, conservation, and retirement to be made available 
  5.27  to eligible landowners and the general public.  The booklet must 
  5.28  include information on other programs available to farmers under 
  5.29  section 17.117 and chapters 41B and 41C. 
  5.30     Sec. 3.  [103F.545] [RULEMAKING.] 
  5.31     The board may adopt rules to implement sections 103F.541 
  5.32  and 103F.543. 
  5.33     Sec. 4.  [APPROPRIATION.] 
  5.34     (a) $45,000,000 is appropriated from the bond proceeds fund 
  5.35  to the board of water and soil resources for acquisition of 
  5.36  easements under section 2. 
  6.1      (b) $....... is appropriated from the general fund to the 
  6.2   board of water and soil resource for grants to soil and water 
  6.3   conservation districts to prepare conservation plans and provide 
  6.4   monitoring for lands in the CRP land transfer program under 
  6.5   section 1.  This appropriation is available until June 30, 1997. 
  6.6      (c) $....... is appropriated from the general fund to the 
  6.7   commissioner of agriculture to carry out information, education, 
  6.8   and promotional activities under sections 1 to 3.  This 
  6.9   appropriation is available until June 30, 1997. 
  6.10     Sec. 5.  [BOND SALE.] 
  6.11     (a) To provide the money appropriated in section 4 from the 
  6.12  bond proceeds fund, the commissioner of finance, on request of 
  6.13  the governor, shall sell and issue bonds of the state in an 
  6.14  amount up to $45,000,000 in the manner, upon the terms, and with 
  6.15  the effect prescribed by Minnesota Statutes, sections 16A.631 to 
  6.16  16A.675, the Minnesota Constitution, article XI, sections 4 to 
  6.17  7, and paragraph (b). 
  6.18     (b) Bonds may not be issued under this section in total 
  6.19  amounts exceeding the following: 
  6.20     (1) by June 30, 1998, $9,000,000; 
  6.21     (2) by June 30, 2000, $18,000,000; 
  6.22     (3) by June 30, 2002, $27,000,000; and 
  6.23     (4) by June 30, 2004, $36,000,000. 
  6.24     Sec. 6.  [EFFECTIVE DATE.] 
  6.25     Sections 1 to 3 are effective the day following final 
  6.26  enactment.