Minnesota Legislature
HF 591
1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:39am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/09/2009 | |
| 1st Engrossment | Posted on 02/19/2009 |
Current Version - 1st Engrossment
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A bill for an act
relating to natural resources; modifying Reinvest in Minnesota Resources Law;
amending Minnesota Statutes 2008, sections 84.66, subdivision 2; 103F.505;
103F.511, subdivisions 5, 8a, by adding a subdivision; 103F.515, subdivisions 1,
2, 4, 5, 6; 103F.521, subdivision 1; 103F.525; 103F.526; 103F.531; 103F.535,
subdivision 5; repealing Minnesota Statutes 2008, sections 103F.511, subdivision
4; 103F.521, subdivision 2; Minnesota Rules, parts 8400.3000; 8400.3030;
8400.3060; 8400.3110; 8400.3130; 8400.3160; 8400.3200; 8400.3210;
8400.3230; 8400.3260; 8400.3300; 8400.3330; 8400.3360; 8400.3390;
8400.3400; 8400.3460; 8400.3500; 8400.3530; 8400.3560; 8400.3600;
8400.3610; 8400.3630; 8400.3700; 8400.3730; 8400.3800; 8400.3830;
8400.3870; 8400.3930.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 84.66, subdivision 2, is amended to read:
Subd. 2.
Definitions.
For the purpose of this section, the following terms have
the meanings given:
(1) "forest land" has the meaning given under section 89.001, subdivision 4;
(2) "forest resources" has the meaning given under section 89.001, subdivision 8;
(3) "guidelines" has the meaning given under section 89A.01, subdivision 8;
(4) "riparian land" has the meaning given under section 103F.511, subdivision deleted text begin 8adeleted text end new text begin
8bnew text end ; and
(5) "working forest land" means land that provides a broad range of goods and
services, including forest products, recreation, fish and wildlife habitat, clean air and
water, and carbon sequestration.
Sec. 2.
Minnesota Statutes 2008, section 103F.505, is amended to read:
103F.505 PURPOSE AND POLICY.
It is the purpose of sections 103F.505 to 103F.531 to deleted text begin keepdeleted text end new text begin restorenew text end certain marginal
agricultural land deleted text begin out of crop productiondeleted text end new text begin and protect environmentally sensitive areasnew text end to
deleted text begin protectdeleted text end new text begin enhancenew text end soil and water qualitynew text begin , minimize damage to flood-prone areas, sequester
carbon,new text end and supportnew text begin native plant,new text end fishnew text begin ,new text end and wildlife deleted text begin habitatdeleted text end new text begin habitatsnew text end . It is state policy to
encourage thenew text begin restoration of wetlands and riparian lands and promote thenew text end retirement of
marginal, highly erodible land, particularly land adjacent to public waters, drainage
systems, wetlands, and locally designated priority watersdeleted text begin , from crop production and to
reestablish a cover of perennial vegetationdeleted text end .
Sec. 3.
Minnesota Statutes 2008, section 103F.511, subdivision 5, is amended to read:
Subd. 5.
Drained wetland.
"Drained wetland" means a former natural wetland that
has been altered by draining, dredging, filling, leveling, or other manipulation sufficient
to render the land suitable for agricultural crop production. deleted text begin The alteration must have
occurred before December 23, 1985, and must be a legal alteration as determined by the
commissioner of natural resources.
deleted text end
Sec. 4.
Minnesota Statutes 2008, section 103F.511, is amended by adding a subdivision
to read:
new text begin Subd. 8a. new text end
new text begin Reinvest in Minnesota reserve program. new text end
new text begin
"Reinvest in Minnesota
reserve program" means the program established under section 103F.515.
new text end
Sec. 5.
Minnesota Statutes 2008, section 103F.511, subdivision 8a, is amended to read:
Subd. deleted text begin 8adeleted text end new text begin 8bnew text end .
Riparian land.
"Riparian land" means lands adjacent to public
waters, drainage systems, wetlands, or locally designated priority waters deleted text begin identified in a
comprehensive local water plan, as defined in section 103B.3363, subdivision 3deleted text end .
Sec. 6.
Minnesota Statutes 2008, section 103F.515, subdivision 1, is amended to read:
Subdivision 1.
Establishment of program.
The board, in consultation with the
commissioner of agriculture and the commissioner of natural resources, shall establish
and administer deleted text begin a conservationdeleted text end new text begin the reinvest in Minnesotanew text end reserve program. The board
shall implement sections 103F.505 to 103F.531. Selection of land for the deleted text begin conservationdeleted text end new text begin
reinvest in Minnesotanew text end reserve program must be based on itsnew text begin enhancementnew text end potential for
fish deleted text begin anddeleted text end new text begin ,new text end wildlife deleted text begin productiondeleted text end new text begin , and native plant habitatsnew text end , reducing erosion, and protecting
water quality.
Sec. 7.
Minnesota Statutes 2008, section 103F.515, subdivision 2, is amended to read:
Subd. 2.
Eligible land.
(a) Land may be placed in the deleted text begin conservationdeleted text end new text begin reinvest in
Minnesotanew text end reserve program if the land meets the requirements of paragraphs (b) and (c).
(b) Land is eligible if the land:
(1) is marginal agricultural land;
(2) is adjacent to marginal agricultural land and is either beneficial to resource
protection or necessary for efficient recording of the land description;
(3) consists of a drained wetland;
(4) is land that with a windbreaknew text begin or water quality improvement practicenew text end would be
beneficial to resource protection;
(5) is land in a sensitive groundwater area;
(6) is riparian land;
(7) is cropland or noncropland adjacent to restored wetlands to the extent of up to
four acres of cropland or one acre of noncropland for each acre of wetland restored;
(8) is a woodlot on agricultural land;
(9) is abandoned building site on agricultural land, provided that funds are not used
for compensation of the value of the buildings; or
(10) is land deleted text begin on a hillsidedeleted text end used for pasture new text begin that is marginal in naturenew text end .
(c) Eligible land under paragraph (a) must:
(1) be owned by the landowner, or a parent or other blood relative of the landowner,
for at least one year before the date of application;
(2) be at least five acres in size, except for a drained wetland area, riparian area,
windbreak, woodlot, or abandoned building site, or be a whole field deleted text begin as defined by the
United States Agricultural Stabilization and Conservation Servicesdeleted text end ;
(3) not be set aside, enrolled or diverted under another federal or state government
program unless enrollment in the deleted text begin conservationdeleted text end new text begin reinvest in Minnesotanew text end reserve program
would provide additional conservation benefits or a longer term of enrollment than under
the current federal or state program; and
(4) have been in agricultural crop production for at least two of the last five
years before the date of applicationnew text begin ,new text end except drained wetlands, riparian lands, woodlots,
abandoned building sites,new text begin environmentally sensitive areas,new text end or land deleted text begin on a hillsidedeleted text end used
for pasture.
deleted text begin
(d) In selecting drained wetlands for enrollment in the program, the highest priority
must be given to wetlands with a cropping history during the period 1976 to 1985.
deleted text end
deleted text begin (e)deleted text end new text begin (d)new text end In selecting land for enrollment in the program, highest priority must be given
to permanent easements that are consistent with the purposes stated in section 103F.505.
Sec. 8.
Minnesota Statutes 2008, section 103F.515, subdivision 4, is amended to read:
Subd. 4.
Nature of property rights acquired.
(a) A conservation easement must
prohibit:
(1) alteration of wildlife habitat and other natural features, unless specifically
approved by the board;
(2) agricultural crop productionnew text begin and livestock grazingnew text end , unless specifically approved
by the board for deleted text begin wildlifedeleted text end new text begin conservationnew text end management purposes;new text begin and
new text end
deleted text begin
(3) grazing of livestock except, for agreements entered before the effective date of
Laws 1990, chapter 391, grazing of livestock may be allowed only if approved by the
board after consultation with the commissioner of natural resources, in the case of severe
drought, or a local emergency declared under section 12.29; and
deleted text end
deleted text begin (4)deleted text end new text begin (3)new text end spraying with chemicals or mowing, exceptnew text begin :new text end as necessary to comply with
noxious weed control laws deleted text begin ordeleted text end new text begin ; fornew text end emergency control of pests necessary to protect public
healthnew text begin ; or as approved by the board for conservation management purposesnew text end .
(b) A conservation easement is subject to the terms of the agreement provided in
subdivision 5.
(c) A conservation easement must allow repairs, improvements, and inspections
necessary to maintain public drainage systems provided the easement area is restored to
the condition required by the terms of the conservation easement.
Sec. 9.
Minnesota Statutes 2008, section 103F.515, subdivision 5, is amended to read:
Subd. 5.
Agreements by landowner.
The board may enroll eligible land in the
deleted text begin conservationdeleted text end new text begin reinvest in Minnesotanew text end reserve program by signing an agreement in recordable
form with a landowner in which the landowner agrees:
(1) to convey to the state a conservation easement that is not subject to any prior
title, lien, or encumbrance;
(2) to seed the land subject to the conservation easement, as specified in the
agreement, to establish and maintain perennial cover of either a grass-legume mixture or
native grasses for the term of the easement, at seeding rates determined by the board; or
to plant trees or carry out other long-term capital improvements approved by the board
for soil and water conservation or wildlife management;
(3) to convey to the state a permanent easement for the wetland restoration;
(4) that other land supporting natural vegetation owned or leased as part of the
same farm operation at the time of application, if it supports natural vegetation deleted text begin ordeleted text end new text begin andnew text end
has not been used in agricultural crop production, will not be converted to agricultural
crop production or pasture; and
(5) that the easement duration may be lengthened through mutual agreement with
the board in consultation with the commissioners of agriculture and natural resources
if they determine that the changes effectuate the purpose of the program or facilitate
its administration.
Sec. 10.
Minnesota Statutes 2008, section 103F.515, subdivision 6, is amended to read:
Subd. 6.
Payments for conservation easements and establishment of deleted text begin coverdeleted text end new text begin
conservation practicesnew text end .
(a) The board deleted text begin must make the followingdeleted text end new text begin shall establish rates
fornew text end payments to the landowner for the conservation easement and deleted text begin agreement:deleted text end new text begin related
practices. The board shall consider market factors, including the township average
equalized estimated market value of property as established by the commissioner of
revenue at the time of easement application.
new text end
deleted text begin
(1) to establish the perennial cover or other improvements required by the agreement:
deleted text end
deleted text begin
(i) except as provided in items (ii) and (iii), up to 75 percent of the total eligible cost
not to exceed $125 per acre for limited duration easements and 100 percent of the total
eligible cost not to exceed $150 per acre for perpetual easements;
deleted text end
deleted text begin
(ii) for native species restoration, 75 percent of the total eligible cost not to exceed
$200 per acre for limited duration easements and 100 percent of the total eligible cost not
to exceed $300 per acre for perpetual easements; and
deleted text end
deleted text begin
(iii) 100 percent of the total eligible cost of wetland restoration not to exceed $600
per acre;
deleted text end
deleted text begin
(2) for the cost of planting trees required by the agreement, up to 75 percent of the
total eligible cost not to exceed $250 per acre for limited duration easements, and 100
percent of the total eligible cost not to exceed $400 per acre for perpetual easements;
deleted text end
deleted text begin
(3) for a permanent easement, 70 percent of the township average equalized
estimated market value of agricultural property as established by the commissioner of
revenue at the time of easement application;
deleted text end
deleted text begin
(4) for an easement of limited duration, 90 percent of the present value of the
average of the accepted bids for the federal conservation reserve program, as contained in
Public Law 99-198, in the relevant geographic area and on bids accepted at the time of
easement application; or
deleted text end
deleted text begin
(5) an alternative payment system for easements based on cash rent or a similar
system as may be determined by the board.
deleted text end
deleted text begin
(b) For hillside pasture conservation easements, the payments to the landowner in
paragraph (a) for the conservation easement and agreement must be reduced to reflect the
value of similar property.
deleted text end
deleted text begin (c)deleted text end new text begin (b)new text end The board may establish a payment system for flowage easements acquired
under this section.
deleted text begin (d)deleted text end new text begin (c)new text end For wetland restoration projects involving more than one conservation
easement, state payments for restoration costs may exceed the limits set deleted text begin forth in this sectiondeleted text end new text begin
by the boardnew text end for an individual easement provided the total payment for the restoration
project does not exceed the amount payable for the total number of acres involved.
deleted text begin (e)deleted text end new text begin (d)new text end The board may use available nonstate funds to exceed the payment limits
in this section.
Sec. 11.
Minnesota Statutes 2008, section 103F.521, subdivision 1, is amended to read:
Subdivision 1.
Cooperation.
In implementing sections 103F.505 to 103F.531, the
board must share information and cooperate with the Department of Agriculture, the
Department of Natural Resources, the Pollution Control Agency, the United States Fish
and Wildlife Service, deleted text begin the Agricultural Stabilization and Conservation Service and Soil
Conservation Service ofdeleted text end the United States Department of Agriculture, the Minnesota
Extension Service, the University of Minnesota, county boards,new text begin soil and water conservation
districts, watershed districts,new text end and interested private organizations and individuals.
Sec. 12.
Minnesota Statutes 2008, section 103F.525, is amended to read:
103F.525 SUPPLEMENTAL PAYMENTS ON FEDERAL AND STATE
CONSERVATION PROGRAMS.
The board may supplement payments made under federal land retirement programs
to the extent of available appropriations deleted text begin other than bond proceedsdeleted text end . The supplemental
payments must be used to establish perennial cover on land enrolled or increase payments
for land enrollment in programs approved by the boarddeleted text begin , including the federal conservation
reserve program and federal and state water bank programdeleted text end .
Sec. 13.
Minnesota Statutes 2008, section 103F.526, is amended to read:
103F.526 FOOD PLOTS deleted text begin IN WINDBREAKSdeleted text end .
The boarddeleted text begin , in cooperation with the commissioner of natural resources,deleted text end may authorize
wildlife food plots on land deleted text begin with windbreaksdeleted text end new text begin enrolled in a conservation easement under
section 103F.515new text end .
Sec. 14.
Minnesota Statutes 2008, section 103F.531, is amended to read:
103F.531 RULEMAKING.
The board may adopt rulesnew text begin or policynew text end to implement sections 103F.505 to 103F.531.
deleted text begin The rules must include standards for tree planting so that planting does not conflict with
existing electrical lines, telephone lines, rights-of-way, or drainage ditches.
deleted text end
Sec. 15.
Minnesota Statutes 2008, section 103F.535, subdivision 5, is amended to read:
Subd. 5.
Release and alteration of conservation easements.
Conservation
easements deleted text begin existing under this section, as of April 30, 1992,deleted text end may be altered, released,
or terminated by the board deleted text begin of Water and Soil Resourcesdeleted text end after consultation with the
commissioners of agriculture and natural resources. The board may alter, release, or
terminate a conservation easement only if the board determines that the public interest and
general welfare are better served by the alteration, release, or termination.
Sec. 16. new text begin REVISOR'S INSTRUCTION.
new text end
new text begin
The revisor of statutes shall change the term "conservation reserve program" to
"reinvest in Minnesota reserve program" where it appears in Minnesota Statutes, sections
84.95, subdivision 2; 92.70, subdivision 1; and 103H.105.
new text end
Sec. 17. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2008, sections 103F.511, subdivision 4; and 103F.521,
subdivision 2,
new text end
new text begin
are repealed.
new text end
new text begin
(b) Minnesota Rules, parts 8400.3000; 8400.3030; 8400.3060; 8400.3110;
8400.3130; 8400.3160; 8400.3200; 8400.3210; 8400.3230; 8400.3260; 8400.3300;
8400.3330; 8400.3360; 8400.3390; 8400.3400; 8400.3460; 8400.3500; 8400.3530;
8400.3560; 8400.3600; 8400.3610; 8400.3630; 8400.3700; 8400.3730; 8400.3800;
8400.3830; 8400.3870; and 8400.3930,
new text end
new text begin
are repealed.
new text end