SF 2395

Introduction - 82nd Legislature (2001 - 2002)

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

  1.1                          A bill for an act 
  1.2             relating to natural resources; establishing forest 
  1.3             resource policy; providing for restoration and 
  1.4             maintenance of state forest resources; amending 
  1.5             Minnesota Statutes 2000, sections 89.001, by adding a 
  1.6             subdivision; 89.002, subdivisions 1, 2, by adding 
  1.7             subdivisions; 89.011, subdivisions 3, 4; 89.012; 
  1.8             89.65, subdivision 3; 89A.01, by adding a subdivision; 
  1.9             90.01, by adding subdivisions; 90.041, by adding a 
  1.10            subdivision; 90.191, subdivision 1; 92.321, 
  1.11            subdivision 2; 116.07, subdivision 4a; 270.38, 
  1.12            subdivision 1; 282.01, subdivision 1; 282.018, 
  1.13            subdivision 1; proposing coding for new law in 
  1.14            Minnesota Statutes, chapters 89; 89A; 90; repealing 
  1.15            Minnesota Statutes 2000, sections 89.001 subdivisions 
  1.16            9, 10. 
  1.17  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.18     Section 1.  Minnesota Statutes 2000, section 89.001, is 
  1.19  amended by adding a subdivision to read: 
  1.20     Subd. 15.  [NATURAL RANGE OF VARIATION.] "Natural range of 
  1.21  variation" means the state of an ecosystem resulting from change 
  1.22  in composition, structure, and function that occurs over time in 
  1.23  conformity with the ordinary course of nature without human 
  1.24  intervention or disturbance.  Changes may result from the 
  1.25  natural occurrence of fire, the presence of native species, the 
  1.26  characteristics of the land, and other naturally occurring 
  1.27  factors.  For purposes of this chapter, natural range of 
  1.28  variation refers to the range of variation present in 
  1.29  presettlement times. 
  1.30     Sec. 2.  Minnesota Statutes 2000, section 89.002, 
  1.31  subdivision 1, is amended to read: 
  2.1      Subdivision 1.  [FOREST RESOURCE MANAGEMENT POLICY.] The 
  2.2   commissioner shall manage the forest resources of state forest 
  2.3   lands under the authority of the commissioner according to the 
  2.4   principles of multiple use and sustained yield natural range of 
  2.5   variation.  When developing policy, applying economic analysis, 
  2.6   or initiating economic development programs, the commissioner 
  2.7   shall consider the market economic value and the economic 
  2.8   benefit of nonmarket values of standing forests.  The forest 
  2.9   resource management policy shall not supersede any existing duty 
  2.10  or authority of the commissioner in managing forest lands, but 
  2.11  the duties and authorities, as far as practicable, shall be 
  2.12  exercised consistently with this policy.  The forest resource 
  2.13  management policy is not intended to exclude extractive uses of 
  2.14  forest lands under the authority of the commissioner pursuant to 
  2.15  state law.  
  2.16     Sec. 3.  Minnesota Statutes 2000, section 89.002, 
  2.17  subdivision 2, is amended to read: 
  2.18     Subd. 2.  [REFORESTATION POLICY.] (a) The commissioner 
  2.19  shall maintain all forest lands under authority of the 
  2.20  commissioner in appropriate forest cover with species of trees, 
  2.21  degree of stocking, rate of growth and stand conditions designed 
  2.22  to secure optimum public benefits according to multiple use, 
  2.23  sustained yield natural range of variation principles and 
  2.24  consistent with applicable forest management plans.  
  2.25     (b) Each year the commissioner shall strive to assure that 
  2.26  (1) reforestation occurs annually on an acreage at least equal 
  2.27  to the acreage harvested that year on all forest lands under the 
  2.28  authority of the commissioner; (2) additional reforestation is 
  2.29  accomplished on areas previously harvested but not adequately 
  2.30  reforested so that the backlog of reforestation work can be 
  2.31  eliminated; and (3) poorly stocked forest land, or forest land 
  2.32  damaged by natural causes, shall be returned to a state of 
  2.33  productivity.  
  2.34     Sec. 4.  Minnesota Statutes 2000, section 89.002, is 
  2.35  amended by adding a subdivision to read: 
  2.36     Subd. 4.  [URBAN FORESTS.] To the greatest extent possible, 
  3.1   the commissioner shall encourage preservation of urban forests 
  3.2   and usage of greenway corridors to connect urban forests with 
  3.3   state parks, wildlife management areas, and other units within 
  3.4   the outdoor recreation system in order to create wildlife 
  3.5   corridors and green space for the enjoyment of urban citizens. 
  3.6      Sec. 5.  Minnesota Statutes 2000, section 89.002, is 
  3.7   amended by adding a subdivision to read: 
  3.8      Subd. 5.  [PRECAUTIONARY PRINCIPLE.] When a forestry 
  3.9   activity raises a threat of harm to human health or the 
  3.10  environment, the commissioner shall take precautionary measures 
  3.11  to protect human health and the environment even if some cause 
  3.12  and effect relationships are not fully established 
  3.13  scientifically. 
  3.14     Sec. 6.  [89.003] [FOREST RESTORATION.] 
  3.15     (a) The commissioner shall manage and restore all forest 
  3.16  lands under the authority of the commissioner to within the 
  3.17  natural range of variation for prelogging tree type, age, and 
  3.18  patch size mixes.  The range of variation shall be determined by 
  3.19  an independent committee of scientists and shall be based on 
  3.20  historical research and informed by state-of-the-art geophysical 
  3.21  data.  By 2020, the commissioner shall expand the forest base of 
  3.22  public and private forest land. 
  3.23     (b) By January 7, 2003, the commissioner shall submit a 
  3.24  restoration plan, which includes funding and implementation 
  3.25  recommendations, to the house and senate committees having 
  3.26  jurisdiction over natural resources.  After the restoration plan 
  3.27  is submitted, the commissioner shall annually submit reports to 
  3.28  the house and senate committees having jurisdiction over natural 
  3.29  resources to show continuous annual progress towards the 
  3.30  restoration goals.  
  3.31     Sec. 7.  [89.004] [RESPONSIBILITIES OF OTHER GOVERNMENTAL 
  3.32  UNITS.] 
  3.33     Land owned by the state, its agencies, and its political 
  3.34  subdivisions must be administered according to sections 89.002, 
  3.35  89.003, 89A.02, and 89A.11.  A county, city, or town that adopts 
  3.36  a comprehensive plan must address forest restoration, urban 
  4.1   forest connections and defragmentation, wildfire prevention, and 
  4.2   firefighting cost reduction.  A local or special governmental 
  4.3   unit, council, commission, board, or district or a state agency 
  4.4   must not fund public development or subsidize private 
  4.5   development that fragments forest land or restricts the use of 
  4.6   forest restoration methods, such as prescribed fire, stream 
  4.7   restoration, or road removal. 
  4.8      Sec. 8.  [89.005] [EMINENT DOMAIN; SCHOOL TRUST LAND.] 
  4.9      The commissioner may acquire by eminent domain school trust 
  4.10  land, as defined under section 92.025, that is suitable for 
  4.11  afforestation, reforestation, or preservation of forest 
  4.12  resources.  Proceeds from the acquisition must be deposited in 
  4.13  the permanent school fund according to the Minnesota 
  4.14  Constitution, article XI, section 8.  All lands so acquired are 
  4.15  withdrawn from sale and shall be maintained according to the 
  4.16  policies under sections 89.002, 89.003, 89A.02, and 89A.11. 
  4.17     Sec. 9.  Minnesota Statutes 2000, section 89.011, 
  4.18  subdivision 3, is amended to read: 
  4.19     Subd. 3.  [PROGRAM ELEMENTS.] The program shall be updated 
  4.20  every four years and shall describe specific actions to address 
  4.21  the assessment and to implement the forest resources management 
  4.22  policy of section 89.002, including but not limited to:  
  4.23     (a) Improvement of silvicultural practices and improved 
  4.24  methods for harvesting and utilizing timber and timber residues; 
  4.25     (b) Measures to improve reforestation practices; 
  4.26     (c) Measures to enhance recreational opportunities and fish 
  4.27  and wildlife habitat; 
  4.28     (d) The identification of "prime forest land" according to 
  4.29  criteria developed by the commissioner; 
  4.30     (e) Priorities for construction and improvement of forest 
  4.31  roads to achieve the state forest road policy, including the 
  4.32  development of alternative methods for financing forest road 
  4.33  construction, improvement and maintenance, and for imposing a 
  4.34  reasonable share of the costs of the forest road system on those 
  4.35  who directly benefit from the availability and use of the 
  4.36  system; 
  5.1      (f) A description of how the multiple use and sustained 
  5.2   yield management natural range of variation policy will apply to 
  5.3   decisions about other public and private uses of forest lands 
  5.4   and resources, including: 
  5.5      (1) extractive uses; 
  5.6      (2) utility corridors; 
  5.7      (3) industrial, commercial, agricultural and institutional 
  5.8   uses; 
  5.9      (4) residential and seasonal use; and 
  5.10     (g) An estimate of the expenditures necessary to implement 
  5.11  the elements of the program, along with the sources and amounts 
  5.12  of revenue available or necessary to finance the estimated 
  5.13  expenditures.  
  5.14     Sec. 10.  Minnesota Statutes 2000, section 89.011, 
  5.15  subdivision 4, is amended to read: 
  5.16     Subd. 4.  [FEDERAL COORDINATION.] The department of natural 
  5.17  resources shall coordinate all forest resources planning efforts 
  5.18  with the appropriate federal agencies in order to achieve 
  5.19  optimum public benefit, to obtain federal assistance, to 
  5.20  participate in the federal forestry planning process, and to 
  5.21  enhance the productivity and multiple use natural range of 
  5.22  variation management of forest resources.  
  5.23     Sec. 11.  Minnesota Statutes 2000, section 89.012, is 
  5.24  amended to read: 
  5.25     89.012 [UNIT FOREST RESOURCE PLANS.] 
  5.26     Each geographic administrative unit of the division of 
  5.27  forestry identified by the commissioner as an appropriate unit 
  5.28  for forest resource planning shall have a unit forest resource 
  5.29  plan which is consistent with the forest resource management 
  5.30  policy and plan, including state reforestation and road 
  5.31  policies.  The scope and content of the plan shall be determined 
  5.32  by the commissioner.  A unit plan shall not be implemented until 
  5.33  approved by the commissioner.  
  5.34     A unit plan shall set forth the specific goals and 
  5.35  objectives for the management, protection, development, and 
  5.36  production of forest resources in the administrative unit.  A 
  6.1   unit plan shall be integrated with other uses not managed under 
  6.2   the multiple use, sustained yield principles natural range of 
  6.3   variation policy when those uses have been authorized and 
  6.4   approved according to law, including compliance with 
  6.5   environmental review procedures.  Unit plans shall be revised as 
  6.6   necessary to remain consistent with the forest resource 
  6.7   management plan.  
  6.8      Sec. 12.  [89.0311] [CIVIL ACTIONS.] 
  6.9      Subdivision 1.  [PROTECTION OF FOREST RESOURCES.] A person 
  6.10  residing in the state may maintain a civil action against the 
  6.11  commissioner according to chapter 116B to protect forest 
  6.12  resources in a state forest. 
  6.13     Subd. 2.  [VIOLATION OF STATE LAW.] A person residing in 
  6.14  the state may maintain a civil action in the district court for 
  6.15  temporary or permanent equitable relief against the commissioner 
  6.16  to require compliance with state laws and policies related to 
  6.17  forest management or timber harvesting. 
  6.18     Sec. 13.  Minnesota Statutes 2000, section 89.65, 
  6.19  subdivision 3, is amended to read: 
  6.20     Subd. 3.  [FOREST MANAGEMENT MANUAL.] The commissioner 
  6.21  shall prepare and distribute a forest management manual, 
  6.22  stressing the concept of multiple use natural range of variation 
  6.23  and education and management concerns for small landowners who 
  6.24  own at least ten acres of woodlands.  The manual shall be 
  6.25  prepared with the assistance and cooperation of the University 
  6.26  of Minnesota's agricultural extension service, agricultural 
  6.27  experiment station and college of forestry, and other public and 
  6.28  private forestry organizations.  
  6.29     Sec. 14.  Minnesota Statutes 2000, section 89A.01, is 
  6.30  amended by adding a subdivision to read: 
  6.31     Subd. 8a.  [INTENSIVE YIELD MANIPULATION.] "Intensive yield 
  6.32  manipulation" means the use of silvicultural practices to 
  6.33  increase the capability of the forest to produce fiber, 
  6.34  including, but not limited to, planting, thinning, fertilizing, 
  6.35  harvesting, and genetic improvement. 
  6.36     Sec. 15.  [89A.11] [STATE SILVICULTURAL PRACTICES AND 
  7.1   POLICIES.] 
  7.2      Subdivision 1.  [APPLICABILITY.] The restrictions and 
  7.3   requirements in subdivisions 2 to 5 apply to all state forests 
  7.4   and other forest lands administered by the commissioner. 
  7.5      Subd. 2.  [NATURAL SILVICULTURAL METHODS.] The commissioner 
  7.6   must use natural silvicultural methods to maintain forest 
  7.7   lands.  The commissioner must not use artificial silvicultural 
  7.8   methods, including intensive yield manipulation, herbicide use, 
  7.9   scarification, planting seeds or seedlings, thinning by using 
  7.10  earthmoving equipment, clear-cutting in excess of natural 
  7.11  disturbance patterns, or any other technique that increases net 
  7.12  growth over natural levels. 
  7.13     Subd. 3.  [TRANSGENETICALLY MODIFIED TREES.] The 
  7.14  commissioner must not plant or sell to private forest owners 
  7.15  transgenetically modified trees. 
  7.16     Subd. 4.  [FIRE.] The legislature recognizes fire as a 
  7.17  natural part of the forested landscape.  The commissioner must 
  7.18  restore ground fire to forest lands.  The commissioner may enter 
  7.19  into management agreements, land exchanges, and other 
  7.20  arrangements to consolidate and organize land ownership patterns 
  7.21  to reduce the cost and increase the safety of fire as a 
  7.22  silvicultural practice. 
  7.23     Subd. 5.  [CONSERVATION POLICY.] The commissioner shall 
  7.24  promote reuse and recycling of wood fiber, reduction in the 
  7.25  demand for wood products, and conversion to agrifiber and other 
  7.26  wood substitutes.  It is the intent of the legislature to 
  7.27  promote this policy through appropriate tax laws, public 
  7.28  financing, building code laws, economic development initiatives, 
  7.29  and other direct and indirect policy tools. 
  7.30     Sec. 16.  [89A.12] [TIMBER HARVESTING RULES.] 
  7.31     The commissioner shall adopt rules to establish 
  7.32  comprehensive timber harvesting guidelines.  The rules are 
  7.33  mandatory minimums for all publicly administered forest lands 
  7.34  and are voluntary for privately administered forest lands.  The 
  7.35  rules must: 
  7.36     (1) address the water, air, soil, biotic, recreational, and 
  8.1   aesthetic resources found in forest ecosystems; 
  8.2      (2) reflect the forestry policies under sections 89.002, 
  8.3   89.003, 89A.02, and 89A.11; 
  8.4      (3) be based on the best available scientific information; 
  8.5      (4) be adopted using the procedures under sections 14.131 
  8.6   to 14.20; and 
  8.7      (5) be peer reviewed at least ten business days before the 
  8.8   public hearing under section 14.14. 
  8.9      Sec. 17.  Minnesota Statutes 2000, section 90.01, is 
  8.10  amended by adding a subdivision to read: 
  8.11     Subd. 10.  [CLEAR-CUT METHOD.] "Clear-cut method" means the 
  8.12  method of harvesting timber that results in a reduction of over 
  8.13  25 percent of the timber in the basal area or management unit 
  8.14  over a 50-year period. 
  8.15     Sec. 18.  Minnesota Statutes 2000, section 90.01, is 
  8.16  amended by adding a subdivision to read: 
  8.17     Subd. 11.  [BASAL AREA.] "Basal area" means the 
  8.18  cross-sectional area of a live tree at 4.5 feet above the 
  8.19  ground, measured in square feet per tree or square feet per acre.
  8.20     Sec. 19.  Minnesota Statutes 2000, section 90.01, is 
  8.21  amended by adding a subdivision to read: 
  8.22     Subd. 12.  [EXTENDED ROTATION.] "Extended rotation" means a 
  8.23  harvest cycle that increases the rotation age of a forest stand 
  8.24  beyond the current optimum economic rotation age. 
  8.25     Sec. 20.  Minnesota Statutes 2000, section 90.01, is 
  8.26  amended by adding a subdivision to read: 
  8.27     Subd. 13.  [SHORT ROTATION.] "Short rotation" means a 
  8.28  harvest cycle that cuts trees at less than 90 percent of the 
  8.29  species life span. 
  8.30     Sec. 21.  Minnesota Statutes 2000, section 90.01, is 
  8.31  amended by adding a subdivision to read: 
  8.32     Subd. 14.  [LATE SUCCESSIONAL STAND.] "Late successional 
  8.33  stand" means a forest dominated by shade-tolerant species that 
  8.34  are capable of self-replacement in the absence of a major 
  8.35  disturbance. 
  8.36     Sec. 22.  Minnesota Statutes 2000, section 90.041, is 
  9.1   amended by adding a subdivision to read: 
  9.2      Subd. 8.  [NOTIFICATION OF TIMBER HARVESTING.] Whenever the 
  9.3   commissioner plans a timber sale or authorizes timber harvesting 
  9.4   on forest lands administered by the commissioner, the 
  9.5   commissioner shall immediately make available on the 
  9.6   department's Web site the location, nature, and extent of the 
  9.7   timber harvesting.  The commissioner shall collect harvest data 
  9.8   for privately administered forest land and shall make available 
  9.9   on the department's Web site the location, nature, and extent of 
  9.10  the timber harvesting on such private lands.  The commissioner 
  9.11  shall also make the information available upon request in 
  9.12  alternate formats, including an electronic format that is 
  9.13  compatible with common software applications. 
  9.14     Sec. 23.  [90.0425] [STATEWIDE HARVEST LIMIT.] 
  9.15     Total annual statewide timber harvests from public and 
  9.16  private forest lands must not exceed the public and private 
  9.17  harvest level in 2000.  Total timber harvests from lands 
  9.18  administered by the commissioner must not exceed the state 
  9.19  harvest level in 2000.  If the harvests from non-state-owned 
  9.20  forest lands exceed the specified level in any given year, the 
  9.21  commissioner shall reduce timber harvests in the following year 
  9.22  on forest lands administered by the commissioner to compensate 
  9.23  for the timber volume that exceeded the specified level on 
  9.24  non-state-owned lands. 
  9.25     Sec. 24.  [90.0427] [STATE TIMBER HARVEST REQUIREMENTS.] 
  9.26     Subdivision 1.  [APPLICABILITY.] The restrictions and 
  9.27  requirements in subdivisions 2 to 5 apply to all harvests of 
  9.28  timber on forest lands administered by the commissioner. 
  9.29     Subd. 2.  [CLEAR-CUTTING RESTRICTION.] Timber may be 
  9.30  harvested using the clear-cut method on no more than 33 percent 
  9.31  of the total acres of forest lands annually harvested. 
  9.32     Subd. 3.  [LATE SUCCESSIONAL PROHIBITION AND 
  9.33  MAINTENANCE.] The commissioner must not allow timber harvesting 
  9.34  in late successional stands.  After a natural disturbance of a 
  9.35  late successional stand, 150 percent of the disturbed acreage 
  9.36  shall be replaced and maintained as a potential late 
 10.1   successional stand and timber harvesting thereon is not allowed. 
 10.2      Subd. 4.  [TYPE OF PRODUCTION.] At least 67 percent of 
 10.3   total timber production shall be from preserves or extended 
 10.4   rotation forests for saw timber production.  No more than 33 
 10.5   percent of total timber production shall be for short rotation 
 10.6   fiber production. 
 10.7      Subd. 5.  [WATERSHED RESTRICTIONS.] During any 20-year 
 10.8   period, no more than 33 percent of the timber from a watershed 
 10.9   may be harvested, including harvesting occurring on lands other 
 10.10  than forest lands administered by the commissioner.  The 
 10.11  commissioner must take into consideration timber harvesting that 
 10.12  occurs on nonstate lands and adjust timber harvesting on state 
 10.13  lands accordingly, in order to maintain total timber stands at 
 10.14  the level established under this subdivision. 
 10.15     Sec. 25.  Minnesota Statutes 2000, section 90.191, 
 10.16  subdivision 1, is amended to read: 
 10.17     Subdivision 1.  [SALE REQUIREMENTS.] The commissioner may 
 10.18  sell the timber on any tract of state land in lots not exceeding 
 10.19  500 cords in volume, without formalities but for not less than 
 10.20  the full appraised value thereof, to any person.  The total 
 10.21  volume of timber sold under this section must not exceed 3,000 
 10.22  cords per year.  No sale shall be made under this section to any 
 10.23  person holding two permits issued hereunder which are still in 
 10.24  effect; except that (1) a partnership as defined in chapter 323, 
 10.25  which may include spouses but which shall provide evidence that 
 10.26  a partnership exists, may be holding two permits for each of not 
 10.27  more than three partners who are actively engaged in the 
 10.28  business of logging or who are the spouses of persons who are 
 10.29  actively engaged in the business of logging with that 
 10.30  partnership; and (2) a corporation, a majority of whose shares 
 10.31  and voting power are owned by natural persons related to each 
 10.32  other within the fourth degree of kindred according to the rules 
 10.33  of the civil law or their spouses or estates, may be holding two 
 10.34  permits for each of not more than three shareholders who are 
 10.35  actively engaged in the business of logging or who are the 
 10.36  spouses of persons who are actively engaged in the business of 
 11.1   logging with that corporation. 
 11.2      Sec. 26.  Minnesota Statutes 2000, section 92.321, 
 11.3   subdivision 2, is amended to read: 
 11.4      Subd. 2.  [CONDITIONS OF SALE.] Sales under this section 
 11.5   must be public in the same manner as other state land, after 
 11.6   approval by the executive council.  Land sold under this section 
 11.7   must be used exclusively for growing continuous forest crops in 
 11.8   accordance with accepted sustained yield natural range of 
 11.9   variation practice.  Not more than 1,280 acres of land may be 
 11.10  offered in one parcel.  The sale must be for cash. 
 11.11     Sec. 27.  Minnesota Statutes 2000, section 116.07, 
 11.12  subdivision 4a, is amended to read: 
 11.13     Subd. 4a.  [PERMITS.] (a) The pollution control agency may 
 11.14  issue, continue in effect or deny permits, under such conditions 
 11.15  as it may prescribe for the prevention of pollution, for the 
 11.16  emission of air contaminants, or for the installation or 
 11.17  operation of any emission facility, air contaminant treatment 
 11.18  facility, treatment facility, potential air contaminant storage 
 11.19  facility, or storage facility, or any part thereof, or for the 
 11.20  sources or emissions of noise pollution. 
 11.21     The pollution control agency may also issue, continue in 
 11.22  effect or deny permits, under such conditions as it may 
 11.23  prescribe for the prevention of pollution, for the storage, 
 11.24  collection, transportation, processing, or disposal of waste, or 
 11.25  for the installation or operation of any system or facility, or 
 11.26  any part thereof, related to the storage, collection, 
 11.27  transportation, processing, or disposal of waste. 
 11.28     The pollution control agency may revoke or modify any 
 11.29  permit issued under this subdivision and section 116.081 
 11.30  whenever it is necessary, in the opinion of the agency, to 
 11.31  prevent or abate pollution. 
 11.32     (b) The pollution control agency has the authority for 
 11.33  approval over the siting, expansion, or operation of a solid 
 11.34  waste facility with regard to environmental issues.  However, 
 11.35  the agency's issuance of a permit does not release the permittee 
 11.36  from any liability, penalty, or duty imposed by any applicable 
 12.1   county ordinances.  Nothing in this chapter precludes, or shall 
 12.2   be construed to preclude, a county from enforcing land use 
 12.3   controls, regulations, and ordinances existing at the time of 
 12.4   the permit application and adopted pursuant to sections 366.10 
 12.5   to 366.181, 394.21 to 394.37, or 462.351 to 462.365, with regard 
 12.6   to the siting, expansion, or operation of a solid waste facility.
 12.7      (c) The pollution control agency may issue a permit to a 
 12.8   wood product processing facility only after consideration of the 
 12.9   impact of the facility on the state's forest landscape.  If the 
 12.10  state allowable sale quantity of fiber will be inadequate for 
 12.11  the needs of the facility, the permit applicant must demonstrate 
 12.12  how needed fiber will be obtained through recycling or 
 12.13  out-of-state sources.  
 12.14     Sec. 28.  Minnesota Statutes 2000, section 270.38, 
 12.15  subdivision 1, is amended to read: 
 12.16     Subdivision 1.  [APPLICATION REQUIREMENTS.] Any owner of 
 12.17  forest lands desiring to place any governmental subdivision or 
 12.18  portion thereof containing not less than five acres of forest 
 12.19  land of the owner under the provisions of sections 270.31 to 
 12.20  270.39, shall make application in triplicate to the county board 
 12.21  of the county in which the land is located upon a form 
 12.22  prescribed by the commissioner of revenue specifying the legal 
 12.23  description or list of descriptions of the land desired to be 
 12.24  taxed under sections 270.31 to 270.39 and listing the number of 
 12.25  acres of each forest type and the dominant species of each type 
 12.26  in each such governmental subdivision or portion thereof.  The 
 12.27  application shall contain the statement signed and sworn to by 
 12.28  the applicant that "while the land is under the Tree Growth Tax 
 12.29  Law it will be used exclusively for the growing of continuous 
 12.30  forest crops in accordance with sustained yield natural range of 
 12.31  variation practice and will be open to use by the public for 
 12.32  hunting and fishing except within one-fourth mile of a permanent 
 12.33  dwelling or during periods of high fire hazard as determined by 
 12.34  the commissioner of natural resources."  The application shall 
 12.35  be accompanied by a forest type map and a statement concerning 
 12.36  the owner's intentions with regard to reforestation of any 
 13.1   temporarily nonproductive land.  If a tract under the Tree 
 13.2   Growth Tax Law has any acreage devoted to administrative or 
 13.3   management purposes, such as roads, logging camps, free public 
 13.4   recreational areas, as shown on the map accompanying the 
 13.5   application, the lands so used shall be classified the same as 
 13.6   adjoining lands under this law. 
 13.7      Sec. 29.  Minnesota Statutes 2000, section 282.01, 
 13.8   subdivision 1, is amended to read: 
 13.9      Subdivision 1.  [CLASSIFICATION AS CONSERVATION OR 
 13.10  NONCONSERVATION.] It is the general policy of this state to 
 13.11  encourage the best use of tax-forfeited lands, recognizing that 
 13.12  some lands in public ownership should be retained and managed 
 13.13  for public benefits while other lands should be returned to 
 13.14  private ownership.  Parcels of land becoming the property of the 
 13.15  state in trust under law declaring the forfeiture of lands to 
 13.16  the state for taxes must be classified by the county board of 
 13.17  the county in which the parcels lie as conservation or 
 13.18  nonconservation.  In making the classification the board shall 
 13.19  consider the present use of adjacent lands, the productivity of 
 13.20  the soil, the character of forest or other growth, accessibility 
 13.21  of lands to established roads, schools, and other public 
 13.22  services, their peculiar suitability or desirability for 
 13.23  particular uses and the suitability of the forest resources on 
 13.24  the land for multiple use, sustained yield natural range of 
 13.25  variation management.  The classification, furthermore, must 
 13.26  encourage and foster a mode of land utilization that will 
 13.27  facilitate the economical and adequate provision of 
 13.28  transportation, roads, water supply, drainage, sanitation, 
 13.29  education, and recreation; facilitate reduction of governmental 
 13.30  expenditures; conserve and develop the natural resources; and 
 13.31  foster and develop agriculture and other industries in the 
 13.32  districts and places best suited to them. 
 13.33     In making the classification the county board may use 
 13.34  information made available by any office or department of the 
 13.35  federal, state, or local governments, or by any other person or 
 13.36  agency possessing pertinent information at the time the 
 14.1   classification is made.  The lands may be reclassified from time 
 14.2   to time as the county board considers necessary or desirable, 
 14.3   except for conservation lands held by the state free from any 
 14.4   trust in favor of any taxing district.  
 14.5      If the lands are located within the boundaries of an 
 14.6   organized town, with taxable valuation in excess of $20,000, or 
 14.7   incorporated municipality, the classification or 
 14.8   reclassification and sale must first be approved by the town 
 14.9   board of the town or the governing body of the municipality in 
 14.10  which the lands are located.  The town board of the town or the 
 14.11  governing body of the municipality is considered to have 
 14.12  approved the classification or reclassification and sale if the 
 14.13  county board is not notified of the disapproval of the 
 14.14  classification or reclassification and sale within 60 days of 
 14.15  the date the request for approval was transmitted to the town 
 14.16  board of the town or governing body of the municipality.  If the 
 14.17  town board or governing body desires to acquire any parcel lying 
 14.18  in the town or municipality by procedures authorized in this 
 14.19  section, it must file a written application with the county 
 14.20  board to withhold the parcel from public sale.  The application 
 14.21  must be filed within 60 days of the request for classification 
 14.22  or reclassification and sale.  The county board shall then 
 14.23  withhold the parcel from public sale for six months.  A 
 14.24  municipality or governmental subdivision shall pay maintenance 
 14.25  costs incurred by the county during the six-month period while 
 14.26  the property is withheld from public sale, provided the property 
 14.27  is not offered for public sale after the six-month period.  A 
 14.28  clerical error made by county officials does not serve to 
 14.29  eliminate the request of the town board or governing body if the 
 14.30  board or governing body has forwarded the application to the 
 14.31  county auditor. 
 14.32     Sec. 30.  Minnesota Statutes 2000, section 282.018, 
 14.33  subdivision 1, is amended to read: 
 14.34     Subdivision 1.  [LAND ON OR ADJACENT TO PUBLIC WATERS.] (a) 
 14.35  All land which is the property of the state as a result of 
 14.36  forfeiture to the state for nonpayment of taxes, regardless of 
 15.1   whether the land is held in trust for taxing districts, and 
 15.2   which borders on or is adjacent to meandered lakes and other 
 15.3   public waters and watercourses, and the live timber growing or 
 15.4   being thereon, is hereby withdrawn from sale except as 
 15.5   hereinafter provided.  The authority having jurisdiction over 
 15.6   the timber on any such lands may sell the timber as otherwise 
 15.7   provided by law for cutting and removal under such conditions as 
 15.8   the authority may prescribe in accordance with approved, 
 15.9   sustained yield natural range of variation forestry practices.  
 15.10  The authority having jurisdiction over the timber shall reserve 
 15.11  such timber and impose such conditions as the authority deems 
 15.12  necessary for the protection of watersheds, wildlife habitat, 
 15.13  shorelines, and scenic features.  Within the area in Cook, Lake, 
 15.14  and St. Louis counties described in the Act of Congress approved 
 15.15  July 10, 1930 (46 Stat. 1020), the timber on tax-forfeited lands 
 15.16  shall be subject to like restrictions as are now imposed by that 
 15.17  act on federal lands.  
 15.18     (b) Of all tax-forfeited land bordering on or adjacent to 
 15.19  meandered lakes and other public waters and watercourses and so 
 15.20  withdrawn from sale, a strip two rods in width, the ordinary 
 15.21  high-water mark being the waterside boundary thereof, and the 
 15.22  land side boundary thereof being a line drawn parallel to the 
 15.23  ordinary high-water mark and two rods distant landward 
 15.24  therefrom, hereby is reserved for public travel thereon, and 
 15.25  whatever the conformation of the shore line or conditions 
 15.26  require, the authority having jurisdiction over such lands shall 
 15.27  reserve a wider strip for such purposes.  
 15.28     (c) Any tract or parcel of land which has 50 feet or less 
 15.29  of waterfront may be sold by the authority having jurisdiction 
 15.30  over the land, in the manner otherwise provided by law for the 
 15.31  sale of such lands, if the authority determines that it is in 
 15.32  the public interest to do so.  If the authority having 
 15.33  jurisdiction over the land is not the commissioner of natural 
 15.34  resources, the land may not be offered for sale without the 
 15.35  prior approval of the commissioner of natural resources. 
 15.36     (d) Where the authority having jurisdiction over lands 
 16.1   withdrawn from sale under this section is not the commissioner 
 16.2   of natural resources, the authority may submit proposals for 
 16.3   disposition of the lands to the commissioner.  The commissioner 
 16.4   of natural resources shall evaluate the lands and their public 
 16.5   benefits and make recommendations on the proposed dispositions 
 16.6   to the committees of the legislature with jurisdiction over 
 16.7   natural resources.  The commissioner shall include any 
 16.8   recommendations of the commissioner for disposition of lands 
 16.9   withdrawn from sale under this section over which the 
 16.10  commissioner has jurisdiction.  The commissioner's 
 16.11  recommendations may include a public sale, sale to a private 
 16.12  party, acquisition by the department of natural resources for 
 16.13  public purposes, or a cooperative management agreement with, or 
 16.14  transfer to, another unit of government. 
 16.15     Sec. 31.  [REPEALER.] 
 16.16     Minnesota Statutes 2000, section 89.001, subdivisions 9 and 
 16.17  10, are repealed.