1.1 	A bill for an act
1.2 	relating to natural resources; authorizing foraging on state land; authorizing 
1.3 	rulemaking; requiring reports; appropriating money;amending Minnesota Statutes 
1.4 	2024, section 84.027, subdivision 13a; proposing coding for new law in Minnesota 
1.5 	Statutes, chapter 84.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. SHORT TITLE.
 1.8 	This act may be cited as the "Minnesota Foraging Act."

1.9 	Sec. 2. Minnesota Statutes 2024, section 84.027, subdivision 13a, is amended to read:
1.10 		Subd. 13a.Natural resources expedited permanent rules. (a) In addition to the authority 
1.11 	granted in subdivision 13, the commissioner of natural resources may adopt rules under 
1.12 	section 14.389 that are authorized under:
1.13 	(1) chapters 97A, 97B, and 97C to describe zone or permit area boundaries, to designate 
1.14 	fish spawning beds or fish preserves, to select hunters or anglers for areas, to provide for 
1.15 	registration of game or fish, to prevent or control wildlife disease, or to correct errors or 
1.16 	omissions in rules that do not have a substantive effect on the intent or application of the 
1.17 	original rule;
1.18 	(2) section 84D.12 to designate prohibited invasive species, regulated invasive species, 
1.19 	and unregulated nonnative species; or
1.20 	(3) section 116G.15 to change the placement and boundaries of land use districts 
1.21 	established in the Mississippi River Corridor Critical Area.; or
2.1 	(4) section 84.0925 to prohibit foraging plants on state lands, to prohibit foraging on 
2.2 	designated portions of state-owned land, and to set limits on the amount of forage plants 
2.3 	that may be harvested from state lands.
2.4 	(b) The commissioner of natural resources may adopt rules under section 14.389 that 
2.5 	are authorized under chapters 97A, 97B, and 97C, for purposes in addition to those listed 
2.6 	in paragraph (a), clause (1), subject to the notice and public hearing provisions of section 
2.7 	14.389, subdivision 5.

2.8 	Sec. 3. [84.0925] FORAGING ON STATE LANDS.
2.9 		Subdivision 1.Definitions. (a) The following definitions apply in this section.
2.10 	(b) "Commercial use" means a use that is not a noncommercial personal use.
2.11 	(c) "Forage plants" means naturally occurring terrestrial mushrooms, berries, seeds, nuts, 
2.12 	flowers, leaves, roots, and fungi that are edible.
2.13 	(d) "Foraging" means searching for, harvesting, collecting, or taking forage plants.
2.14 	(e) "Noncommercial personal use" means foraging as part of a nonbusiness activity, 
2.15 	without profit motive, including foraging for:
2.16 	(1) personal or household consumption or ceremonial, cultural, or medicinal purposes; 
2.17 	or
2.18 	(2) gifting or sharing with family, friends, or community members for consumption or 
2.19 	ceremonial, cultural, or medicinal purposes.
2.20 	(f) "Prohibited plant" means any forage plant:
2.21 	(1) for which harvesting, collecting, or taking is governed by another section; or
2.22 	(2) that is designated a prohibited plant by rules adopted under subdivision 3.
2.23 	(g) "State lands" means any state-owned land or water administered by the commissioner, 
2.24 	except land or water:
2.25 	(1) that the public does not have lawful access to;
2.26 	(2) that is part of a scientific and natural area; or
2.27 	(3) on which the commissioner has prohibited foraging by rules adopted under subdivision 
2.28 	3.
2.29 		Subd. 2.Foraging authorized. Foraging on state lands for noncommercial personal use 
2.30 	is recognized as a legitimate recreational and cultural activity in the state. A person may 
3.1 	forage on state lands if foraged plants will be used for a noncommercial personal use only 
3.2 	and can be harvested, collected, and taken without damaging other natural resources. Nothing 
3.3 	in this section authorizes foraging prohibited plants.
3.4 		Subd. 3.Rules. (a) The commissioner may adopt rules under section 84.027, subdivision 
3.5 	13a:
3.6 	(1) designating forage plants as prohibited plants when necessary to protect the state's 
3.7 	natural and cultural resources or to prevent harm to human health;
3.8 	(2) prohibiting foraging in specific areas within state parks where foraging is restricted 
3.9 	or prohibited due to management practices, land restoration activities, plant surveys, or 
3.10 	maintenance needs;
3.11 	(3) prohibiting foraging on a portion of state-owned land or waters administered by the 
3.12 	commissioner when necessary to protect the state's natural resources;
3.13 	(4) requiring a permit to harvest species of forage plants and setting quantifiable limits 
3.14 	on the amount of individual forage plant species that may be harvested when the available 
3.15 	evidence demonstrates it necessary to protect the state's natural resources. The commissioner 
3.16 	must ensure that any permitting process under this clause is clear and accessible. The 
3.17 	commissioner must make permit applications available electronically and allow for electronic 
3.18 	payment of applicable fees. The commissioner must not adopt restrictions under this clause 
3.19 	that are broad or preemptive without evidence;
3.20 	(5) implementing changes that are necessary to ensure continued receipt of federal 
3.21 	funding under the Pittman-Robertson and Dingell-Johnson Acts;
3.22 	(6) conferring discretionary authority on department land managers to impose 
3.23 	geographically defined and site-specific limitations within individual land units or ecological 
3.24 	subunits when necessary to protect sustainability or culturally sensitive resources or in 
3.25 	response to observed resource damage, public safety concerns, or ecological degradation;
3.26 	(7) providing for implementation of immediate temporary protective measures, seasonal 
3.27 	restrictions, species protections, or emergency temporary closures; and
3.28 	(8) implementing policies needed to acknowledge and harmonize foraging rules with 
3.29 	foraging's status as a right that has been included in the Minnesota Children's Cabinet 
3.30 	Children's Outdoor Bill of Rights.
3.31 	(b) The commissioner must consider traditional ecological knowledge, regenerative 
3.32 	harvesting methods, and honorable harvest practices and must comply with the consultation 
3.33 	requirements of section 10.65 when adopting rules under this subdivision.
4.1 		Subd. 4.Public information about foraging. The commissioner must create and 
4.2 	maintain a separate page on the department's website that provides the public with 
4.3 	information about:
4.4 	(1) current foraging laws and rules, including a clear explanation of which forage plants 
4.5 	may be taken from which areas of the state and in what quantities;
4.6 	(2) any modifications to foraging laws and rules proposed by the commissioner, including 
4.7 	information about any rulemaking commenced under subdivision 3;
4.8 	(3) best management practices for foraging; and
4.9 	(4) opportunities for the public to have input in regulating foraging.

4.10 	EFFECTIVE DATE. This section is effective July 1, 2028.

4.11 	Sec. 4. MORATORIUM ON FORAGING RULEMAKING.
 4.12 	The commissioner of natural resources must not adopt rules governing foraging on state 
4.13 	lands, except as otherwise authorized by Minnesota Statutes, section 84.0925, for five years 
4.14 	after the effective date of this section in order to establish a defined evaluation period 
4.15 	allowing for systematic data collection, monitoring, and research regarding the ecological, 
4.16 	cultural, and economic impacts of authorized foraging activities on state lands. During this 
4.17 	time, the commissioner must avoid rulemaking that substantially reduces, narrows, or alters 
4.18 	the scope of foraging access except as necessary to:
4.19 	(1) respond to an urgency or emergency, including an immediate threat or substantiated 
4.20 	risk to public health or safety or to ecological integrity;
4.21 	(2) comply with federal law or binding federal funding requirements; or
4.22 	(3) make administrative or technical improvements.

4.23 	Sec. 5. FORAGING RULEMAKING AND PERMITTING.
 4.24 	$....... in fiscal year 2027 is appropriated from the general fund to the commissioner of 
4.25 	natural resources to develop foraging rulemaking and a permitting process under Minnesota 
4.26 	Statutes, section 84.0925. This is a onetime appropriation.

4.27 	Sec. 6. FORAGING BEST MANAGEMENT PRACTICES AND PUBLIC 
4.28 	EDUCATION.
 4.29 	(a) $....... in fiscal year 2027 is appropriated from the general fund to the commissioner 
4.30 	of natural resources to develop foraging best management practices and public education 
5.1 	resources. This is a onetime appropriation. The commissioner must develop the best 
5.2 	management practices and public education resources in collaboration with the University 
5.3 	of Minnesota Extension and in consultation with stakeholders, which may include but is 
5.4 	not limited to Minnesota Tribal governments, Minnesota Mycological Society, Minnesota 
5.5 	Herb Society, Minnesota Foraging Alliance, Back Country Hunters and Anglers, Minnesota 
5.6 	Native Plant Society, and Minnesota Master Naturalists and Gardeners.
5.7 	(b) The best management practices and public education resources must be easily 
5.8 	accessible to the public for minimal or no cost and must include:
5.9 	(1) cultural and community considerations, including Tribal sovereignty and distinct 
5.10 	treaty rights, including plant species as sacred medicines;
5.11 	(2) honorable harvest practices and regenerative harvesting methods that align with 
5.12 	traditional ecological knowledge, how foraging affects biodiversity and soil health, and 
5.13 	seasonal considerations;
5.14 	(3) information on the availability of Minnesota's outdoor recreation system for foraging, 
5.15 	including identification of public land types and what rules apply for foraging on different 
5.16 	public land types;
5.17 	(4) recommendations for personal and physical safety, including tick exposure, possible 
5.18 	pesticide contamination exposure, gear, safe use of knives and digging tools, first aid, and 
5.19 	emergency protocols;
5.20 	(5) materials for plant identification basics, including how to positively identify edible 
5.21 	and medicinal plants and fungi; and
5.22 	(6) recommendations for reducing the spread of invasive species, including compliance 
5.23 	with Minnesota Noxious Weed Law.
5.24 	(c) By January 15, 2028, the commissioner must submit a report to the chairs and ranking 
5.25 	minority members of the legislative committees and divisions with jurisdiction over 
5.26 	environment and natural resources on the development and implementation of the foraging 
5.27 	best management practices and public education resources described in this section.

5.28 	Sec. 7. STUDY OF FORAGING; IMPACT IN MINNESOTA.
 5.29 	$....... in fiscal year 2027 is appropriated from the general fund to the commissioner of 
5.30 	natural resources for a study on foraging and its impact in the state. This is a onetime 
5.31 	appropriation and is available until June 30, 2032. By January 15, 2032, the commissioner 
5.32 	of natural resources, in consultation with the University of Minnesota Extension and 
6.1 	interested stakeholders, must submit a report on the study to the chairs and ranking minority 
6.2 	members of the legislative committees and divisions with jurisdiction over environment 
6.3 	and natural resources. The report must include:
6.4 	(1) information about the type and frequency of foraging activities during the previous 
6.5 	five years on state lands, as defined in Minnesota Statutes, section 84.0925, subdivision 1, 
6.6 	broken out by region of the state and species foraged;
6.7 	(2) an assessment of the impact of foraging activities on the state's natural resources; 
6.8 	and
6.9 	(3) an assessment of the effect that foraging laws have on conservation outcomes, public 
6.10 	access, stewardship practices, community engagement, and the sharing of traditional 
6.11 	ecological knowledge, along with any recommendations for statutory or policy changes 
6.12 	related to foraging on state lands.