HF 1437

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; modifying the 
  1.3             Sustainable Forest Resources Act; changing the repeal 
  1.4             date of the Sustainable Forest Resources Act; amending 
  1.5             Minnesota Statutes 1998, sections 89A.01, by adding a 
  1.6             subdivision; 89A.02; 89A.03; 89A.04; 89A.05; 89A.06; 
  1.7             89A.07, subdivisions 3 and 5; and 89A.10; Laws 1995, 
  1.8             chapter 220, section 142, as amended. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1998, section 89A.01, is 
  1.11  amended by adding a subdivision to read: 
  1.12     Subd. 10a.  [PEER REVIEW.] "Peer review" means a 
  1.13  scientifically based review conducted by individuals with 
  1.14  substantial knowledge and experience in the subject matter. 
  1.15     Sec. 2.  Minnesota Statutes 1998, section 89A.02, is 
  1.16  amended to read: 
  1.17     89A.02 [POLICY.] 
  1.18     It is the policy of the state to: 
  1.19     (1) pursue the sustainable management, use, and protection 
  1.20  of the state's forest resources to achieve the state's economic, 
  1.21  environmental, and social goals; 
  1.22     (2) encourage cooperation and collaboration between public 
  1.23  and private sectors in the management of the state's forest 
  1.24  resources; 
  1.25     (3) recognize and consider forest resource issues, 
  1.26  concerns, and impacts at the site and landscape levels; and 
  1.27     (4) recognize the broad array of perspectives regarding the 
  2.1   management, use, and protection of the state's forest resources, 
  2.2   and establish processes and mechanisms that seek and incorporate 
  2.3   these perspectives in the planning and management of the state's 
  2.4   forest resources. 
  2.5      Nothing in this chapter abolishes, repeals, or negates any 
  2.6   existing authorities, policies, programs, or activities of the 
  2.7   commissioner or other statutory authorities related to managing 
  2.8   and protecting the state's forest resources. 
  2.9      Sec. 3.  Minnesota Statutes 1998, section 89A.03, is 
  2.10  amended to read: 
  2.11     89A.03 [MINNESOTA FOREST RESOURCES COUNCIL.] 
  2.12     Subdivision 1.  [MEMBERSHIP.] The Minnesota forest 
  2.13  resources council has 13 members appointed by the governor and 
  2.14  one member appointed by the Indian affairs council.  The 
  2.15  governor must appoint a chair and 15 other members to the 
  2.16  Minnesota forest resources council.  The Indian affairs council 
  2.17  shall appoint one additional member.  When making appointments 
  2.18  to the council, the governor must appoint knowledgeable 
  2.19  individuals with an understanding of state forest resource 
  2.20  issues who fairly reflect a balance of the various interests in 
  2.21  the sustainable management, use, and protection of the state's 
  2.22  forest resources in order to achieve the purpose and policies 
  2.23  specified in subdivision 2 and section 89A.02.  The council 
  2.24  membership appointed by the governor must include the following 
  2.25  individuals: 
  2.26     (1) a representative two representatives from an 
  2.27  organization organizations representing environmental interests 
  2.28  within the state; 
  2.29     (2) a representative from an organization representing the 
  2.30  interests of management of game species; 
  2.31     (3) a representative from a conservation organization; 
  2.32     (4) a representative from an association representing 
  2.33  forest products industry within the state; 
  2.34     (5) a commercial logging contractor active in a forest 
  2.35  product association; 
  2.36     (6) a representative from a statewide association 
  3.1   representing the resort and tourism industry; 
  3.2      (7) a faculty or researcher of a Minnesota research or 
  3.3   higher educational institution; 
  3.4      (8) an owner of nonindustrial, private forest land of 40 
  3.5   acres or more; 
  3.6      (9) an agricultural woodlot owner of nonindustrial, private 
  3.7   forest land; 
  3.8      (10) a representative from the department; 
  3.9      (11) a county land commissioner who is a member of the 
  3.10  Minnesota association of county land commissioners; 
  3.11     (12) a representative from the United States Forest Service 
  3.12  unit with land management responsibility in Minnesota; and 
  3.13     (13) a representative from a labor organization with 
  3.14  membership having an interest in forest resource issues; 
  3.15     (14) an individual representing a secondary wood products 
  3.16  manufacturing organization; and 
  3.17     (15) a chair. 
  3.18     Subd. 2.  [PURPOSE.] The council shall must develop 
  3.19  recommendations to the governor and to federal, state, county, 
  3.20  and local governments with respect to forest resource policies 
  3.21  and practices that result in the sustainable management, use, 
  3.22  and protection of the state's forest resources.  The policies 
  3.23  and practices must: 
  3.24     (1) acknowledge the interactions of complex sustainable 
  3.25  forest resources, multiple ownership patterns, and local to 
  3.26  international economic forces; 
  3.27     (2) give equal consideration to the long-term economic, 
  3.28  ecological, and social needs and limits of the state's forest 
  3.29  resources; 
  3.30     (3) foster the productivity of the state's forests to 
  3.31  provide a diversity of sustainable benefits at site-levels and 
  3.32  landscape-levels; 
  3.33     (4) enhance the ability of the state's forest resources to 
  3.34  provide future benefits and services; 
  3.35     (5) foster no net loss of forest land in Minnesota: 
  3.36     (6) encourage appropriate mixes of forest cover types and 
  4.1   age classes within landscapes to promote biological diversity 
  4.2   and viable forest-dependent fish and wildlife habitats; 
  4.3      (7) encourage collaboration and coordination with multiple 
  4.4   constituencies in planning and managing the state's forest 
  4.5   resources; and 
  4.6      (8) address the environmental impacts and their implement 
  4.7   mitigations as recommended in the generic environmental impact 
  4.8   statement on timber harvesting. 
  4.9      Subd. 3.  [COUNCIL MEETINGS.] The council shall establish 
  4.10  procedures for conducting its meetings in accordance with 
  4.11  section 471.705 that include provisions for seeking and 
  4.12  incorporating public input.  At a minimum, meetings of the 
  4.13  council and all of the committees, task forces, technical teams, 
  4.14  regional committees, and other groups the council may establish 
  4.15  must be conducted in accordance with section 471.705.  Except 
  4.16  where prohibited by law, the council must establish additional 
  4.17  processes to broaden public involvement in all aspects of its 
  4.18  deliberations. 
  4.19     Subd. 4.  [COUNCIL OFFICERS AND STAFF.] The council shall 
  4.20  elect a chair from among its members.  The council may shall 
  4.21  employ an executive director and administrative assistant who 
  4.22  has the authority to employ staff.  Technical expertise that 
  4.23  will enable the council to carry out its functions must be 
  4.24  provided to the council by those interests represented on the 
  4.25  council. 
  4.26     Subd. 5.  [MEMBERSHIP REGULATION.] Terms, compensation, 
  4.27  nomination, appointment, and removal of council members are 
  4.28  governed by section 15.059.  Section 15.059, subdivision 5, does 
  4.29  not govern the expiration date of the council.  
  4.30     Subd. 6.  [REPORT.] By January 1, 1997, the council shall 
  4.31  prepare a report to the governor and legislature on the status 
  4.32  of the state's forest resources, and strategic directions to 
  4.33  provide for their management, use, and protection.  Information 
  4.34  generated by the reporting requirements in this chapter must be 
  4.35  incorporated in the council's report.  To the extent possible, 
  4.36  the council's report must also identify the activities and 
  5.1   accomplishments of various programs that directly affect the 
  5.2   state's forest resources.  The council must report to the 
  5.3   governor and to the legislative committees and divisions with 
  5.4   jurisdiction over environment and natural resource policy and 
  5.5   finance by February 1 of each year.  The report must describe 
  5.6   the progress and accomplishments made by the council during the 
  5.7   preceding year. 
  5.8      Subd. 7.  [REVIEW OF FOREST RESOURCES PLAN AND ASSESSMENT.] 
  5.9   The council shall undertake a review of the forest resource 
  5.10  management plan and forest assessment requirements contained in 
  5.11  section 89.011, and report to the commissioner no later than 
  5.12  July 1, 1996, on the appropriateness and effectiveness of these 
  5.13  requirements, including recommendations for enhancing existing 
  5.14  forest resource planning processes.  The council shall review 
  5.15  draft statewide and district forest resource planning documents, 
  5.16  and incorporate the findings, including any recommendation, of 
  5.17  such reviews in its biennial report specified in subdivision 6. 
  5.18     Sec. 4.  Minnesota Statutes 1998, section 89A.04, is 
  5.19  amended to read: 
  5.20     89A.04 [PARTNERSHIP.] 
  5.21     It is the policy of the state to encourage forest 
  5.22  landowners, forest managers, and loggers to establish a 
  5.23  partnership in which the implementation of council 
  5.24  recommendations can occur in a timely and coordinated manner 
  5.25  across ownerships.  The partnership shall serve as a forum for 
  5.26  discussing operational implementation issues and problem solving 
  5.27  related to forest resources management and planning concerns, 
  5.28  and be responsive to the recommendations of the council.  This 
  5.29  partnership shall also actively foster collaboration and 
  5.30  coordination among forest managers and landowners in addressing 
  5.31  landscape-level operations and concerns.  In fulfilling its 
  5.32  responsibilities as identified in this chapter, the council 
  5.33  shall seek input from and consult with the partnership may 
  5.34  advise the council.  Nothing in this section implies extra 
  5.35  rights or influence for the partnership. 
  5.36     Sec. 5.  Minnesota Statutes 1998, section 89A.05, is 
  6.1   amended to read: 
  6.2      89A.05 [TIMBER HARVESTING AND FOREST MANAGEMENT 
  6.3   GUIDELINES.] 
  6.4      Subdivision 1.  [DEVELOPMENT.] The council shall coordinate 
  6.5   the development of comprehensive timber harvesting and forest 
  6.6   management guidelines.  The guidelines must address the water, 
  6.7   air, soil, biotic, recreational, and aesthetic resources found 
  6.8   in forest ecosystems by focusing on those impacts commonly 
  6.9   associated with applying site-level forestry practices.  The 
  6.10  guidelines must reflect a range of practical and sound practices 
  6.11  based on the best available scientific information, and be 
  6.12  integrated to minimize conflicting recommendations while being 
  6.13  easy to understand and implement.  Best management practices 
  6.14  previously developed for forest management must be incorporated 
  6.15  into the guidelines.  By June 30, 2003, the council 
  6.16  shall periodically review and, when if deemed necessary, update 
  6.17  the guidelines.  Changes to the guidelines must be peer reviewed 
  6.18  prior to final adoption by the council.  By December 1999, the 
  6.19  council must undertake a peer review of the recommendations in 
  6.20  the forest management guidelines adopted in December 1998 for 
  6.21  protecting forest riparian areas and seasonal ponds. 
  6.22     Subd. 2.  [ECONOMIC CONSIDERATIONS.] Before the 
  6.23  implementation of timber harvesting and forest management 
  6.24  guidelines, new site-level practices and landscape-level 
  6.25  programs, the council shall analyze the costs and benefits of 
  6.26  new site-level practices and landscape-level programs.  When the 
  6.27  analysis concludes that new landscape-level programs and 
  6.28  site-level practices will result in adverse economic effects, 
  6.29  including decreased timber supply and negative effects on 
  6.30  tourism, opportunities to offset those effects must be 
  6.31  explored.  The council shall also: 
  6.32     (1) identify and quantify forest and timberland acreages 
  6.33  that will no longer be available for harvest; and 
  6.34     (2) encourage public resource agencies to provide 
  6.35  sustainable, predictable supplies of high-quality forest 
  6.36  resource benefits, including timber supplies that are consistent 
  7.1   with their multiple mandates and diverse management objectives.  
  7.2   These benefits should be provided by public resource agencies in 
  7.3   proportion to their forest land's capability to do so. 
  7.4      Subd. 2a.  [REVIEW.] In reviewing the guidelines, the 
  7.5   council must consider information from forest resources, 
  7.6   practices, compliance, and effectiveness monitoring programs of 
  7.7   the department.  The council's recommendations relating to 
  7.8   revisions to the forest management guidelines must be subject to 
  7.9   peer reviewers appointed by the council.  The council must 
  7.10  consider recommendations of peer reviewers prior to final 
  7.11  adoption of revisions to the guidelines. 
  7.12     Subd. 3.  [APPLICATION.] The timber harvesting and forest 
  7.13  management guidelines are voluntary.  Prior to their actual use, 
  7.14  the council shall must develop guideline implementation goals 
  7.15  for each major forest land ownership category.  If the 
  7.16  information developed as a result of the forest resources, 
  7.17  practices, compliance, and effectiveness monitoring programs 
  7.18  established in section 89A.07 conducted by the department or 
  7.19  other information obtained by the council indicates the 
  7.20  implementation goals for the guidelines are not being met and 
  7.21  the council determines significant adverse impacts are 
  7.22  occurring, the council shall recommend to the governor 
  7.23  additional measures to address those impacts.  The council shall 
  7.24  must incorporate the recommendations as part of the council's 
  7.25  biennial report required by section 89A.03, subdivision 6. 
  7.26     Subd. 4.  [MONITORING RIPARIAN FORESTS.] The commissioner, 
  7.27  with program advice from the council, must accelerate monitoring 
  7.28  the extent and condition of riparian forests, the extent to 
  7.29  which harvesting occurs within riparian management zones and 
  7.30  seasonal ponds, and the use and effectiveness of timber 
  7.31  harvesting and forest management guidelines applied in riparian 
  7.32  management zones and seasonal ponds.  This information shall, to 
  7.33  the extent possible, be consistent with the monitoring programs 
  7.34  identified in section 89A.07.  Information gathered on riparian 
  7.35  forests and timber harvesting in riparian management zones and 
  7.36  seasonal ponds as specified in this subdivision shall be 
  8.1   presented to the legislature by February 2001 and in subsequent 
  8.2   reports required in section 89A.03, subdivision 6. 
  8.3      Sec. 6.  Minnesota Statutes 1998, section 89A.06, is 
  8.4   amended to read: 
  8.5      89A.06 [LANDSCAPE-LEVEL FOREST RESOURCE PLANNING AND 
  8.6   COORDINATION.] 
  8.7      Subdivision 1.  [FRAMEWORK.] The council shall must 
  8.8   establish a framework that will enable long-range strategic 
  8.9   planning and landscape coordination to occur, to the extent 
  8.10  possible, across all forested regions of the state and across 
  8.11  all ownerships.  The framework must include: 
  8.12     (1) identification of the landscapes within which 
  8.13  long-range strategic planning of forest resources can occur, 
  8.14  provided that the landscapes must be delineated based on broadly 
  8.15  defined ecological units and existing classification systems, 
  8.16  yet recognize existing political and administrative boundaries 
  8.17  and planning processes; 
  8.18     (2) a statement of principles and goals for landscape-based 
  8.19  forest resource planning; and 
  8.20     (3) identification of a general process by which 
  8.21  landscape-based forest resource planning can occur occurs, 
  8.22  provided that the process must give considerable latitude to 
  8.23  design planning processes that fit the unique needs and 
  8.24  resources of each landscape; reflect a balanced consideration of 
  8.25  the economic, social, and environmental conditions and needs of 
  8.26  each landscape; and interface and establish formats that are 
  8.27  compatible with other landscape-based forest resource plans. 
  8.28     Subd. 2.  [REGIONAL FOREST RESOURCE COMMITTEES.] To foster 
  8.29  landscape-based forest resource planning, the council shall must 
  8.30  establish regional forest resource committees.  The Each 
  8.31  regional committees committee must: 
  8.32     (1) include representative interests in a particular region 
  8.33  that are committed to and involved in landscape planning and 
  8.34  coordination activities; 
  8.35     (2) serve as a forum for landowners, managers, and 
  8.36  representative interests to discuss landscape forest resource 
  9.1   issues; 
  9.2      (3) identify and implement an open and public process 
  9.3   whereby landscape-based strategic planning of forest resources 
  9.4   can occur; 
  9.5      (4) integrate its report with existing public and private 
  9.6   landscape planning efforts in the region; 
  9.7      (5) facilitate landscape coordination between existing 
  9.8   regional landscape planning efforts of land managers, both 
  9.9   public and private; 
  9.10     (6) identify and facilitate opportunities for public 
  9.11  participation in existing landscape planning efforts in this 
  9.12  region; 
  9.13     (7) identify sustainable forest resource goals for the 
  9.14  landscape and strategies to achieve those goals; and 
  9.15     (5) (8) provide a regional perspective to the council with 
  9.16  respect to council activities. 
  9.17     Subd. 2a.  [REGIONAL FOREST COMMITTEE REPORTING.] The 
  9.18  council must report annually on the activities and progress made 
  9.19  by the regional forest committees established under subdivision 
  9.20  2, including the following: 
  9.21     (1) by December 1, 1999, the regional committee for the 
  9.22  council's northeast landscape must complete the identification 
  9.23  of draft desired future outcomes, key issues, and strategies for 
  9.24  the landscape; 
  9.25     (2) by July 1, 2000, the council must complete assessments 
  9.26  for the council's north central and southeast landscape regions; 
  9.27     (3) by July 1, 2001, the regional committees for the north 
  9.28  central and southeast landscapes must complete draft desired 
  9.29  future outcomes, key issues, and strategies for their respective 
  9.30  landscapes; and 
  9.31     (4) the council must establish timelines for additional 
  9.32  regional landscape committees and activities as staffing and 
  9.33  funding allow. 
  9.34     Subd. 3.  [REGIONAL COMMITTEE OFFICERS AND STAFF.] Each 
  9.35  regional committee shall elect a chair from among its 
  9.36  members The council chair may appoint a chair from the regional 
 10.1   committee participants.  The council shall ensure must include 
 10.2   in its budget request sufficient resources for each regional 
 10.3   committees have sufficient staff resources committee to carry 
 10.4   out their its mission as defined in this section. 
 10.5      Subd. 4.  [REPORT.] Each regional committee shall must 
 10.6   report to the council its work activities and accomplishments. 
 10.7      Sec. 7.  Minnesota Statutes 1998, section 89A.07, 
 10.8   subdivision 3, is amended to read: 
 10.9      Subd. 3.  [EFFECTIVENESS MONITORING.] The commissioner, in 
 10.10  cooperation with other research and land management 
 10.11  organizations, shall evaluate the effectiveness of practices to 
 10.12  mitigate impacts of timber harvesting and forest management 
 10.13  activities on the state's forest resources.  The council shall 
 10.14  provide oversight and program direction for the development and 
 10.15  implementation of this monitoring program.  The commissioner 
 10.16  shall report to the council on the effectiveness of these 
 10.17  practices. 
 10.18     Sec. 8.  Minnesota Statutes 1998, section 89A.07, 
 10.19  subdivision 5, is amended to read: 
 10.20     Subd. 5.  [CITIZEN CONCERNS.] The council shall facilitate 
 10.21  the establishment of a process to accept comments from the 
 10.22  public on negligent timber harvesting or forest management 
 10.23  practices.  Comments must also be directed to the organization 
 10.24  administering the certification program. 
 10.25     Sec. 9.  Minnesota Statutes 1998, section 89A.10, is 
 10.26  amended to read: 
 10.27     89A.10 [CONTINUING EDUCATION; CERTIFICATION.] 
 10.28     It is the policy of the state to encourage timber 
 10.29  harvesters and forest resource professionals to establish 
 10.30  voluntary certification and continuing education programs within 
 10.31  their respective professions that promote sustainable forest 
 10.32  management.  The council shall, where appropriate, facilitate 
 10.33  the development of these programs. 
 10.34     Sec. 10.  Laws 1995, chapter 220, section 142, as amended 
 10.35  by Laws 1995, chapter 263, section 12, and Laws 1996, chapter 
 10.36  351, section 1, is amended to read:  
 11.1      Sec. 142.  [EFFECTIVE DATES.] 
 11.2      Sections 2, 5, 7, 20, 42, 44 to 49, 56, 57, 101, 102, 117, 
 11.3   and 141, paragraph (d), are effective the day following final 
 11.4   enactment. 
 11.5      Sections 114, 115, 118, and 121 are effective January 1, 
 11.6   1996. 
 11.7      Sections 120, subdivisions 2, 3, 4, and 5, and 141, 
 11.8   paragraph (c), are effective July 1, 1996. 
 11.9      Section 141, paragraph (b), is effective June 30, 1999 2001.
 11.10     Sec. 11.  [EFFECTIVE DATE.] 
 11.11     Section 10 is effective the day following final enactment.