1.1 	A bill for an act
1.2 	relating to natural resources; creating a Minnesota forests for the future 
1.3 	program; establishing a revolving account; providing for alternative recording 
1.4 	of state forest roads; providing for certain wetland banking credits; modifying 
1.5 	appropriations; providing for relocation of certain forestry office; providing for 
1.6 	expedited exchanges of public land; appropriating money;amending Minnesota 
1.7 	Statutes 2006, section 89.715; Laws 2007, chapter 57, article 1, section 4, 
1.8 	subdivision 4; proposing coding for new law in Minnesota Statutes, chapters 
1.9 	84; 94; 103G.
1.10 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.11 	Section 1. [84.66] MINNESOTA FORESTS FOR THE FUTURE PROGRAM.
1.12 		Subdivision 1.Purpose. The Minnesota forests for the future program identifies and 
1.13 	protects private, working forest lands for their timber, scenic, recreational, fish and wildlife 
1.14 	habitat, threatened and endangered species, and other cultural and environmental values.
1.15 		Subd. 2.Definitions. For the purpose of this section, the following terms have 
1.16 	the meanings given:
1.17 	(1) "forest land" has the meaning given under section 89.001, subdivision 4;
1.18 	(2) "forest resources" has the meaning given under section 89.001, subdivision 8;
1.19 	(3) "guidelines" has the meaning given under section 89A.01, subdivision 8;
1.20 	(4) "riparian land" has the meaning given under section 103F.511, subdivision 8a; 
1.21 	and 
1.22 	(5) "working forest land" means land that provides a broad range of goods and 
1.23 	services, including forest products, recreation, fish and wildlife habitat, clean air and 
1.24 	water, and carbon sequestration.
2.1 		Subd. 3.Establishment. The commissioner of natural resources shall establish and 
2.2 	administer a Minnesota forests for the future program. Land selected for inclusion in the 
2.3 	program shall be evaluated on the land's potential for:
2.4 	(1) producing timber and other forest products;
2.5 	(2) maintaining forest landscapes;
2.6 	(3) providing public recreation; and
2.7 	(4) providing ecological, fish and wildlife habitat, other cultural and environmental 
2.8 	values, and values consistent with working forest lands.
2.9 		Subd. 4.Land eligibility. Land may be placed in the Minnesota forests for the 
2.10 	future program if it:
2.11 	(1) is:
2.12 	(i) forest land;
2.13 	(ii) desirable land adjacent to forest land, as determined by the commissioner; or
2.14 	(iii) beneficial to forest resource protection;
2.15 	(2) is at least five acres in size, except for a riparian area or an area providing access 
2.16 	to state forest land; and
2.17 	(3) is not set aside, enrolled, or diverted under another federal or state program, 
2.18 	unless enrollment in the Minnesota forests for the future program would provide additional 
2.19 	conservation benefits or a longer enrollment term than under the current federal or state 
2.20 	program.
2.21 		Subd. 5.Land interests. The commissioner may acquire permanent interests in 
2.22 	lands by fee title, easement acquisition, gift, or donation. An acquired easement shall 
2.23 	require a forestry management plan unless the requirement is waived or modified by 
2.24 	the commissioner. The plan will guide forest management activities consistent with the 
2.25 	purposes and terms of the easement and shall incorporate guidelines and other forest 
2.26 	management practices as determined by the commissioner to provide perpetuation of the 
2.27 	forest. The plan shall be developed in accordance with the guidelines.
2.28 		Subd. 6.Application. The commissioner shall accept applications from owners of 
2.29 	eligible lands at the time, in the form, and containing the information as the commissioner 
2.30 	may prescribe. If the number of applications exceeds the ability to fund them all, priority 
2.31 	shall be given to those applications covering lands providing the greatest public benefits 
2.32 	for timber productivity, public access, and ecological and wildlife values.
2.33 		Subd. 7.Landowner responsibilities. The commissioner may enroll eligible land 
2.34 	in the program by signing an easement in recordable form with a landowner in which 
2.35 	the landowner agrees to:
3.1 	(1) convey to the state a permanent easement that is not subject to any prior title, 
3.2 	lien, or encumbrance; and
3.3 	(2) manage the land in a manner consistent with the purposes for which the land was 
3.4 	selected for the program and not convert the land to other uses.
3.5 		Subd. 8.Correction of easement boundary lines. To correct errors in legal 
3.6 	descriptions for easements that affect the ownership interests in the state and adjacent 
3.7 	landowners, the commissioner may, in the name of the state, convey without consideration, 
3.8 	interests of the state necessary to correct legal descriptions of boundaries. The conveyance 
3.9 	must be by quitclaim deed or release in a form approved by the attorney general.
3.10 		Subd. 9.Terminating or changing an easement. The commissioner may terminate 
3.11 	an easement, with the consent of the property owner, if the commissioner determines 
3.12 	termination to be in the public interest. The commissioner may modify the terms of an 
3.13 	easement if the commissioner determines that modification will help implement the 
3.14 	Minnesota forests for the future program or facilitate the program's administration.
3.15 		Subd. 10.Payments. Payments to landowners under the Minnesota forests for 
3.16 	the future program shall be made in accordance with law and Department of Natural 
3.17 	Resources acquisition policies, procedures, and other funding requirements.
3.18 		Subd. 11.Monitoring, enforcement, and damages. (a) The commissioner shall 
3.19 	establish a long-term program for monitoring and enforcing Minnesota forests for the 
3.20 	future easements.
3.21 	(b) A landowner who violates the terms of an easement under this section or induces, 
3.22 	assists, or allows another to do so is liable to the state for damages due to the loss of 
3.23 	timber, scenic, recreational, fish and wildlife habitat, threatened and endangered species, 
3.24 	and other cultural and environmental values.
3.25 	(c) Upon request of the commissioner, the attorney general may commence an action 
3.26 	for specific performance, injunctive relief, damages, including attorney's fees, and any 
3.27 	other appropriate relief to enforce this section in district court in the county where all or 
3.28 	part of the violation is alleged to have been committed or where the landowner resides or 
3.29 	has a principal place of business.
3.30 		Subd. 12.Rulemaking exemption. Easements agreed to under this section are not 
3.31 	subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply.

3.32 	Sec. 2. [84.67] FORESTS FOR THE FUTURE REVOLVING ACCOUNT.
3.33 	A forests for the future revolving account is created in the natural resources fund. 
3.34 	Money in the account is appropriated to the commissioner of natural resources for the 
3.35 	acquisition of forest lands that meet the eligibility criteria in section 84.66, subdivision 4. 
4.1 	The commissioner shall sell the lands acquired under this section, subject to an easement 
4.2 	as provided in section 84.66. Money received from the sale of forest lands acquired under 
4.3 	this section and interest earned on the account shall be deposited into the account. The 
4.4 	commissioner must file a report to the house Ways and Means and the senate Finance 
4.5 	Committees and the environment and natural resources finance committees or divisions of 
4.6 	the senate and house of representatives by October 1 of each year indicating all purchases 
4.7 	of forest land using money from this account and sales of forest land for which revenue is 
4.8 	deposited into this account.

4.9 	Sec. 3. Minnesota Statutes 2006, section 89.715, is amended to read:
4.10 	89.715 ALTERNATIVE RECORDING FOR STATE FOREST ROAD.
4.11 		Subdivision 1.Authorization. The commissioner may adopt a recorded state forest 
4.12 	road map under this section to record the department's state forest road prescriptive 
4.13 	easements. For purposes of this section, "recorded state forest road map" means the 
4.14 	official map of state forest roads adopted by the commissioner.
4.15 		Subd. 2.Map requirements. The recorded state forest road map must:
4.16 	(1) show state forest roads at the time the map is adopted;
4.17 	(2) be prepared at a scale of at least four inches equals one mile compliant with 
4.18 	standards of the county recorder where the state forest roads are located;
4.19 	(3) include section numbers;
4.20 	(4) include a north point arrow;
4.21 	(5) include the name of the county and state;
4.22 	(6) include a blank and a description under the blank for the date of public hearing 
4.23 	and date of adoption;
4.24 	(7) include blanks for signatures and dates of signatures for the commissioner; and
4.25 	(8) include a list of legal descriptions of all parcels crossed by state forest road 
4.26 	prescriptive easements.
4.27 		Subd. 3.Procedure to adopt map. (a) The commissioner must prepare an official 
4.28 	map for each county or smaller geographic area as determined by the commissioner as 
4.29 	provided in subdivision 2, and set a time, place, and date for a public hearing on adopting 
4.30 	a recorded state forest road map to record roads.
4.31 	(b) The hearing notice must state that the roads to be recorded will be to the width of 
4.32 	the actual use including ditches, backslopes, fills, and maintained rights-of-way, unless 
4.33 	otherwise specified in a prior easement of record. The hearing notice must be published 
4.34 	once a week for two successive weeks in a qualified newspaper of general circulation that 
4.35 	serves the county or smaller geographic areas as determined by the commissioner, the last 
5.1 	publication to be made at least ten days before the date of the public hearing. At least 30 
5.2 	days before the hearing, the hearing notice must be sent by certified mail to the property 
5.3 	owners directly affected in the county or smaller geographic areas as determined by the 
5.4 	commissioner at the addresses listed on the tax assessment notices at least seven days 
5.5 	before appearing in the qualified newspaper. The hearing notice may be sent with the tax 
5.6 	assessment, but all additional costs incurred shall be billed to the department.
5.7 	(c) After the public hearing is held, the commissioner may amend and adopt the 
5.8 	recorded state forest road map. The recorded state forest road map must be dated and 
5.9 	signed by the commissioner and must be recordedfiled for recording with the county 
5.10 	recorder within 90 days after the map is adopted. The map is effective when filed with 
5.11 	the county recorder.
5.12 	(d) The recorded state forest road map that is recorded with the county recorder must 
5.13 	comply with the standards of the county recorder where the state forest roads are located.
5.14 	(e) A recorded state forest road map that was prepared by using aerial photographs 
5.15 	to establish road centerlines and that has been duly recorded with the county recorder is an 
5.16 	adequate description for purposes of recording road easements and the map is the legally 
5.17 	constituted description and prevails when a deed for a parcel abutting a road contains 
5.18 	no reference to a road easement. Nothing prevents the commissioner from accepting a 
5.19 	more definitive metes and bounds or survey description of a road easement for a road of 
5.20 	record if the description of the easement is referenced to equal distance on both sides 
5.21 	of the existing road centerline.
5.22 	(f) The commissioner shall consult with representatives of county land 
5.23 	commissioners, county auditors, county recorders, and Torrens examiners in implementing 
5.24 	this subdivision.
5.25 		Subd. 4.Appeal. (a) Before filing an appeal under paragraph (b), a person may 
5.26 	seek resolution of concerns regarding a decision to record a road under this section by 
5.27 	contacting the commissioner in writing.
5.28 	(b) A person may appeal a decision to record or exclude recording a road under this 
5.29 	section to the district court within 120 days after the date the commissioner adopts the 
5.30 	state forest road map. Appeals may be filed only by property owners who are directly 
5.31 	affected by a proposed map designation and only for those portions of the map designation 
5.32 	that directly affect them.
5.33 	(b) A property owner may appeal the map designation to the commissioner within 60 
5.34 	days of the map being recorded by filing a written request for review. The commissioner 
5.35 	shall review the request and any supporting evidence and render a decision within 45 
5.36 	days of receipt of the request for review.
6.1 	(c) If a property owner wishes to appeal a decision of the commissioner after review 
6.2 	under paragraph (b), the property owner must file an appeal with the district court within 
6.3 	60 days of the commissioner's decision.
6.4 	(d) If any portion of a map appealed under paragraph (b) is modified or found to be 
6.5 	invalid by a court of competent jurisdiction under paragraph (c), the remainder of the map 
6.6 	shall not be affected and its recording with the county recorder shall stand.
6.7 		Subd. 5.Unrecorded road or trail not affected. This section does not affect or 
6.8 	diminish the legal status or state obligations of roads and trails not shown on the recorded
6.9 	state forest road map.
6.10 		Subd. 6.Exemption. Adoption of a recorded state forest road map under this 
6.11 	section is exempt from the rulemaking requirements of chapter 14 and section 14.386
6.12 	does not apply.

6.13 	Sec. 4. [94.3495] EXPEDITED EXCHANGES OF LAND INVOLVING THE 
6.14 	STATE AND GOVERNMENTAL SUBDIVISIONS OF THE STATE.
6.15 		Subdivision 1.Purpose and scope. (a) The purpose of this section is to expedite the 
6.16 	exchange of public land ownership. Consolidation of public land reduces management 
6.17 	costs and aids in the reduction of forest fragmentation.
6.18 	(b) This section applies to exchanges of land between the state and a governmental 
6.19 	subdivision of the state. For land exchanges under this section, sections 94.342 to 94.347 
6.20 	apply only to the extent specified in this section.
6.21 		Subd. 2.Classes of land; definitions. The classes of public land that may be 
6.22 	involved in an expedited exchange under this section are:
6.23 	(1) Class 1 land, which for the purpose of this section is Class A land as defined in 
6.24 	section 94.342, subdivision 1, except for:
6.25 	(i) school trust land as defined in section 92.025; and
6.26 	(ii) university land granted to the state by acts of Congress;
6.27 	(2) Class 2 land, which for the purpose of this section is Class B land as defined in 
6.28 	section 94.342, subdivision 2; and
6.29 	(3) Class 3 land, which for the purpose of this section is all land owned in fee by 
6.30 	a governmental subdivision of the state.
6.31 		Subd. 3.Valuation of land. (a) In an exchange of Class 1 land for Class 2 or 3 land, 
6.32 	the value of all the land shall be determined by the commissioner of natural resources. In 
6.33 	an exchange of Class 2 land for Class 3 land, the value of all the land shall be determined 
6.34 	by the county board of the county in which the land lies. To determine the value of the 
6.35 	land, the parties to the exchange may cause the land to be appraised, utilize the valuation 
7.1 	process provided under section 84.0272, subdivision 3, or obtain a market analysis from a 
7.2 	qualified real estate broker. Merchantable timber value must be determined and considered 
7.3 	in finalizing valuation of the lands.
7.4 	(b) All lands exchanged under this section shall be exchanged only for lands of 
7.5 	at least substantially equal value. For the purposes of this subdivision, "substantially 
7.6 	equal value" has the meaning given under section 94.343, subdivision 3, paragraph (b). 
7.7 	No payment is due either party if the lands are of substantially equal value but are not 
7.8 	of the same value.
7.9 		Subd. 4.Title. Title to the land must be examined to the extent necessary for the 
7.10 	parties to determine that the title is good, with any encumbrances identified. The parties to 
7.11 	the exchange may utilize title insurance to aid in the determination.
7.12 		Subd. 5.Approval by Land Exchange Board. All expedited land exchanges 
7.13 	under this section, and the terms and conditions of the exchanges, require the unanimous 
7.14 	approval of the Land Exchange Board.
7.15 		Subd. 6.Conveyance. (a) Conveyance of Class 1 land given in exchange shall be 
7.16 	made by deed executed by the commissioner of natural resources in the name of the 
7.17 	state. Conveyance of Class 2 land given in exchange shall be by a deed executed by the 
7.18 	commissioner of revenue in the name of the state. Conveyance of Class 3 land shall be by 
7.19 	a deed executed by the governing body in the name of the governing authority.
7.20 	(b) If Class 1 land is given in exchange for Class 2 or 3 land, the deed to the Class 
7.21 	2 or 3 land shall first be delivered to the commissioner of natural resources. Following 
7.22 	the recording of the deed, the commissioner of natural resources shall deliver the deed 
7.23 	conveying the Class 1 land.
7.24 	(c) If Class 2 land is given in exchange for Class 3 land, the deed to the Class 3 land 
7.25 	shall first be delivered to the county auditor. Following the recording of the deed, the 
7.26 	commissioner of revenue shall deliver the deed conveying the Class 2 land.
7.27 	(d) All deeds shall be recorded or registered in the county in which the lands lie.
7.28 		Subd. 7.Reversionary interest; mineral and water power rights and other 
7.29 	reservations. (a) All deeds conveying land given in an expedited land exchange under 
7.30 	this section shall include a reverter that provides that title to the land automatically reverts 
7.31 	to the conveying governmental unit if:
7.32 	(1) the receiving governmental unit sells, exchanges, or otherwise transfers title of 
7.33 	the land within 40 years of the date of the deed conveying ownership; and
7.34 	(2) there is no prior written approval for the transfer from the conveying 
7.35 	governmental unit. The authority for granting approval is the commissioner of natural 
8.1 	resources for former Class 1 land, the county board for former Class 2 land, and the 
8.2 	governing body for former Class 3 land.
8.3 	(b) Class 1 land given in exchange is subject to the reservation provisions of section 
8.4 	94.343, subdivision 4. Class 2 land given in exchange is subject to the reservation 
8.5 	provisions of section 94.344, subdivision 4. County fee land given in exchange is subject 
8.6 	to the reservation provisions of section 373.01, subdivision 1, paragraph (g).
8.7 		Subd. 8.Land status. Land received in exchange for Class 1 land is subject to the 
8.8 	same trust, if any, and otherwise has the same status as the land given in exchange. Land 
8.9 	received in exchange for Class 2 land is subject to a trust in favor of the governmental 
8.10 	subdivision wherein it lies and all laws relating to tax-forfeited land. Land received in 
8.11 	exchange for Class 3 land has the same status as the land given in exchange.

8.12 	Sec. 5. [103G.2251] STATE CONSERVATION EASEMENTS; WETLAND 
8.13 	BANK CREDIT.
8.14 	In greater than 80 percent areas, preservation of wetlands subsequently protected by 
8.15 	a conservation easement as defined under section 84C.01, and held by the board, may be 
8.16 	eligible for wetland banking credits, according to rules adopted by the board. 

8.17 	Sec. 6. Laws 2007, chapter 57, article 1, section 4, subdivision 4, is amended to read:

8.18
8.19	Subd. 4. Forest Management
 		44,495,000
42,679,000
		43,393,000 
38,245,000

8.20	Appropriations by Fund 
	
8.21	General 
	24,755,000 
	24,836,000 
	
8.22
8.23	Natural Resources 
	19,483,000
17,667,000
	18,293,000
13,145,000
	
8.24	Game and Fish 
	257,000 
	264,000 
	
8.25 	$7,217,000 the first year and $7,217,000 
8.26 	the second year are for prevention, 
8.27 	presuppression, and suppression costs of 
8.28 	emergency firefighting and other costs 
8.29 	incurred under Minnesota Statutes, section 
8.30 	88.12. If the appropriation for either 
8.31 	year is insufficient to cover all costs of 
8.32 	presuppression and suppression, the amount 
8.33 	necessary to pay for these costs during the 
8.34 	biennium is appropriated from the general 
8.35 	fund. 
9.1 	By November 15 of each year, the 
9.2 	commissioner of natural resources shall 
9.3 	submit a report to the chairs of the house 
9.4 	and senate committees and divisions having 
9.5 	jurisdiction over environment and natural 
9.6 	resources finance, identifying all firefighting 
9.7 	costs incurred and reimbursements received 
9.8 	in the prior fiscal year. These appropriations 
9.9 	may not be transferred. Any reimbursement 
9.10 	of firefighting expenditures made to the 
9.11 	commissioner from any source other than 
9.12 	federal mobilizations shall be deposited into 
9.13 	the general fund. 
9.14 	$17,983,000 $16,167,000 the first year and 
9.15 	$18,293,000 $13,145,000 the second year 
9.16 	are from the forest management investment 
9.17 	account in the natural resources fund for only 
9.18 	the purposes specified in Minnesota Statutes, 
9.19 	section 89.039, subdivision 2. 
9.20 	Of this amount: 
9.21 	(1) $500,000 the first year and $750,000 
9.22 	each the second year is for additional staff to 
9.23 	enhance timber sales; 
9.24 	(2) $1,000,000 each the first year is for forest 
9.25 	improvements; 
9.26 	(3) $1,100,000 each the first year is for forest 
9.27 	road maintenance; 
9.28 	(4) $600,000 $300,000 each year is for the 
9.29 	ecological classification system on state 
9.30 	forest lands; 
9.31 	(5) $350,000 each $100,000 the first year 
9.32 	and $150,000 the second year is for the 
9.33 	prevention of invasive species on state forest 
9.34 	lands; and 
10.1 	(6) $400,000 each $300,000 the first year is 
10.2 	for the re-inventory of state forest lands. 
10.3 	Money for forest road maintenance is 
10.4 	onetime. 
10.5 	$780,000 the first year and $780,000 the 
10.6 	second year are for the Forest Resources 
10.7 	Council for implementation of the 
10.8 	Sustainable Forest Resources Act. 
10.9 	$40,000 the first year is for the Forest 
10.10 	Resources Council to provide a grant to 
10.11 	the University of Minnesota to prepare a 
10.12 	statewide plan to address the fragmentation 
10.13 	and parcelization of large blocks of forest 
10.14 	land in the state. 
10.15 	$200,000 in fiscal year 2008 is for a grant 
10.16 	to the Forest Resources Research Advisory 
10.17 	Committee to provide direction on research 
10.18 	topics recommended by the governor's task 
10.19 	force on the competitiveness of Minnesota's 
10.20 	primary forest products industry. 
10.21 	$350,000 the first year and $350,000 the 
10.22 	second year are for the FORIST timber 
10.23 	management information system, other 
10.24 	information systems, and for increased 
10.25 	forestry management. The amount in the 
10.26 	second year is also available in the first year. 
10.27 	$257,000 the first year and $264,000 the 
10.28 	second year are from the game and fish 
10.29 	fund to implement ecological classification 
10.30 	systems (ECS) standards on forested 
10.31 	landscapes. This appropriation is from 
10.32 	revenue deposited in the game and fish fund 
10.33 	under Minnesota Statutes, section 297A.94, 
10.34 	paragraph (e), clause (1). 
11.1 	$110,000 the first year is to develop and 
11.2 	implement a statewide information and 
11.3 	education campaign regarding the statewide 
11.4 	ban on the transport, storage, or use of 
11.5 	nonapproved firewood on state-administered 
11.6 	lands. 
11.7 	$1,500,000 $885,000 the first year is from 
11.8 	the forest management investment account in 
11.9 	the natural resources fund for the purposes of 
11.10 	section 158. This is a onetime appropriation. 
11.11 	$75,000 the first year is to the Forest 
11.12 	Resources Council for a task force on 
11.13 	forest protection and $75,000 the second 
11.14 	year is appropriated to the commissioner 
11.15 	for grants to cities, counties, townships, 
11.16 	special recreation areas, and park and 
11.17 	recreation boards in cities of the first class 
11.18 	for the identification, removal, disposal, and 
11.19 	replacement of dead or dying shade trees 
11.20 	lost to forest pests or disease. For purposes 
11.21 	of this section, "shade tree" means a woody 
11.22 	perennial grown primarily for aesthetic or 
11.23 	environmental purposes with minimal to 
11.24 	residual timber value. The commissioner 
11.25 	shall consult with municipalities; park and 
11.26 	recreation boards in cities of the first class; 
11.27 	nonprofit organizations; and other interested 
11.28 	parties in developing eligibility criteria. * 
11.29 	(The preceding text beginning "$75,000 the 
11.30 	first year" was indicated as vetoed by the 
11.31 	governor.) 
11.32 	$200,000 in fiscal year 2008 is for a grant 
11.33 	to the Natural Resources Research Institute 
11.34 	for silvicultural research to improve the 
11.35 	quality and quantity of timber fiber. The 
12.1 	appropriation must be matched in the amount 
12.2 	of $200,000 in cash or in-kind contributions 
12.3 	from the forest products industry members of 
12.4 	the Minnesota Forest Productivity Research 
12.5 	Cooperative. 
12.6 	$1,000,000 the first year and $1,000,000 
12.7 	the second year are to support additional 
12.8 	technical and cost-share assistance to 
12.9 	nonindustrial private forest (NIPF) 
12.10 	landowners forest management activities. 
12.11 	The base appropriation in fiscal year 2010 
12.12 	and later is $500,000. 
12.13 	$200,000 the first year and $200,000 the 
12.14 	second year are to address escalating 
12.15 	land asset management demands, such as 
12.16 	boundary disputes, access easements, and 
12.17 	sale, exchange, and acquisition of forest 
12.18 	lands support additional forest management 
12.19 	activities.

12.20 	Sec. 7. CLOQUET AREA FORESTRY OFFICE.
 12.21 	If the commissioner of natural resources relocates or closes the northeast regional 
12.22 	forestry office that is currently located in the city of Cloquet, the commissioner shall 
12.23 	relocate the office to a location within a ten-mile radius of the city of Cloquet.