HF 3328

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; creating a Minnesota forests for the future program;
proposing coding for new law in Minnesota Statutes, chapter 84.

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

Section 1.

[84.66] MINNESOTA FORESTS FOR THE FUTURE PROGRAM.

Subdivision 1.

Purpose.

The Minnesota forests for the future program identifies and
protects private, working forest lands for their timber, scenic, recreational, fish and wildlife
habitat, threatened and endangered species, and other cultural and environmental values.

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 8a;
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.

Subd. 3.

Establishment.

The commissioner shall establish and administer a
Minnesota forests for the future program. Land selected for inclusion in the program shall
be evaluated on the land's potential for:

(1) producing timber and other forest products;

(2) maintaining forest landscapes;

(3) providing public recreation, including all nonmotorized and motorized vehicle
use, including all-terrain vehicles, off-road motorcycles, and snowmobiles; and

(4) providing ecological, fish and wildlife habitat, other cultural and environmental
values, and values consistent with working forest lands.

Subd. 4.

Land eligibility.

Land may be placed in the Minnesota forests for the
future program if it:

(1) is:

(i) forest land;

(ii) desirable land adjacent to forest land, as determined by the commissioner; or

(iii) beneficial to forest resource protection;

(2) is at least five acres in size, except for a riparian area or an area providing access
to state forest land; and

(3) is not set aside, enrolled, or diverted under another federal or state program,
unless enrollment in the Minnesota forests for the future program would provide additional
conservation benefits or a longer enrollment term than under the current federal or state
program.

Subd. 5.

Land interests.

The commissioner may acquire permanent interests in
lands by fee title, easement acquisition, gift, or donation. An acquired easement shall
require a forestry management plan unless such requirement is waived or modified by
the commissioner. The plan will guide forest management activities consistent with the
purposes and terms of the easement and shall incorporate guidelines and other forest
management practices as determined by the commissioner to provide perpetuation of the
forest. The plan shall be developed in accordance with the guidelines.

Subd. 6.

Application.

The commissioner shall accept applications from owners
of eligible lands at such time, in such form, and containing such information as the
commissioner may prescribe. If the number of applications exceeds the ability to fund
them all, priority shall be given to those applications covering lands providing the greatest
public benefits for timber productivity, public access, and ecological and wildlife values.

Subd. 7.

Landowner responsibilities.

The commissioner may enroll eligible land
in the program by signing an easement in recordable form with a landowner in which
the landowner agrees to:

(1) convey to the state a permanent easement that is not subject to any prior title,
lien, or encumbrance; and

(2) manage the land in a manner consistent with the purposes for which the land was
selected for the program and not convert the land to other uses.

Subd. 8.

Advisory team.

In administering the program, the commissioner may
establish an advisory team to provide advice on program management.

Subd. 9.

Correction of easement boundary lines.

To correct errors in legal
descriptions for easements that affect the ownership interests in the state and adjacent
landowners, the commissioner may, in the name of the state, convey without consideration,
interests of the state necessary to correct legal descriptions of boundaries. The conveyance
must be by quitclaim deed or release in a form approved by the attorney general.

Subd. 10.

Terminating or changing an easement.

The commissioner may
terminate an easement, with the consent of the property owner, if the commissioner
determines termination to be in the public interest. The commissioner may modify the
terms of an easement if the commissioner determines that modification will help implement
the Minnesota forests for the future program or facilitate the program's administration.

Subd. 11.

Payments.

Payments to landowners under the Minnesota forests for
the future program shall be made in accordance with law and Department of Natural
Resources acquisition policies, procedures, and other funding requirements.

Subd. 12.

Monitoring, enforcement, and damages.

(a) The commissioner shall
establish a long-term program for monitoring and enforcing Minnesota forests for the
future easements.

(b) A landowner who violates the terms of an easement under this section or induces,
assists, or allows another to do so is liable to the state for damages due to the loss of
timber, scenic, recreational, fish and wildlife habitat, threatened and endangered species,
and other cultural and environmental values.

(c) Upon request of the commissioner, the attorney general may commence an action
for specific performance, injunctive relief, damages, including attorney's fees, and any
other appropriate relief to enforce this section in district court in the county where all or
part of the violation is alleged to have been committed or where the landowner resides or
has a principal place of business.

Subd. 13.

Rulemaking exemption.

Easements agreed to under this section are not
subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply.