HF 1912

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/04/2021 02:46pm

A bill for an act
relating to forestry; modifying application requirements for sustainable forest
incentive program; extending provisions for sustainable forest resources; amending
Minnesota Statutes 2020, sections 89A.11; 290C.04.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 89A.11, is amended to read:

89A.11 SUNSET.

Sections 89A.01; 89A.02; 89A.03; 89A.04; 89A.05; 89A.06; 89A.07; 89A.08; 89A.09;
89A.10; 89A.105; and 89A.11 deleted text begin are repealed deleted text end new text begin expire new text end June 30, deleted text begin 2021 deleted text end new text begin 2028 new text end .

Sec. 2.

Minnesota Statutes 2020, section 290C.04, is amended to read:

290C.04 APPLICATIONS.

(a) A landowner may apply to enroll forest land for the sustainable forest incentive
program under this chapter. The claimant must complete, sign, and submit an application
to the commissioner by October 31 in order for the land to become eligible beginning in
the next year. The application shall be on a form prescribed by the commissioners of revenue
and natural resources and must include the information the commissioners deem necessary.
At a minimum, the application must show the following information for the land and the
claimant: (i) the claimant's Social Security number or state or federal business tax registration
number and date of birth, (ii) the claimant's address, (iii) the claimant's signature, (iv) the
county's parcel identification numbers for the tax parcels that completely contain the
claimant's forest land that is sought to be enrolled, (v) the number of acres eligible for
enrollment in the program, deleted text begin (vi) the approved plan writer's signature and identification
number, (vii) deleted text end new text begin (vi) new text end proof, in a form specified by the commissioner, that the claimant has
executed and acknowledged in the manner required by law for a deed, and recorded, a
covenant that the land is not and shall not be developed in a manner inconsistent with the
requirements and conditions of this chapter, and deleted text begin (viii) deleted text end new text begin (vii) new text end a registration number for the
forest management plan, issued by the commissioner of natural resources. The covenant
shall state in writing that the covenant is binding on the claimant and the claimant's successor
or assignee, and that it runs with the land for a period of not less than eight years unless the
claimant requests termination of the covenant after a reduction in payments due to changes
in the payment formula under section 290C.07 or as a result of executive action, the amount
of payment a claimant is eligible to receive under section 290C.07 is reduced or limited.
The commissioner shall specify the form of the covenant and provide copies upon request.
The covenant must include a legal description that encompasses all the forest land that the
claimant wishes to enroll under this section or the certificate of title number for that land if
it is registered land. The commissioner of natural resources shall record the area eligible
for enrollment into the Sustainable Forest Incentive Act as electronic geospatial data, as
defined in section 16E.30, subdivision 10.

(b) The commissioner shall provide by electronic means data sufficient for the
commissioner of natural resources to determine whether the land qualifies for enrollment.
The commissioner must make the data available within 30 days of receipt of the application
filed by the claimant or by October 1, whichever is sooner. The commissioner of natural
resources must notify the commissioner whether the land qualifies for enrollment within
30 days of the data being available, and if the land qualifies for enrollment, the commissioner
of natural resources shall specify the number of qualifying acres per tax parcel.

(c) The commissioner shall notify the claimant within 90 days after receipt of a completed
application that either the land has or has not been approved for enrollment. A claimant
whose application is denied may appeal the denial as provided in section 290C.13.

(d) Within 90 days after the denial of an application, or within 90 days after the final
resolution of any appeal related to the denial, the commissioner shall execute and
acknowledge a document releasing the land from the covenant required under this chapter.
The document must be mailed to the claimant and is entitled to be recorded.

(e) The Social Security numbers collected from individuals under this section are private
data as provided in section 13.355. The federal business tax registration number and date
of birth data collected under this section are also private data on individuals or nonpublic
data, as defined in section 13.02, subdivisions 9 and 12, but may be shared with county
assessors for purposes of tax administration and with county treasurers for purposes of the
revenue recapture under chapter 270A.