HF 3343

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; providing for administration of the forest resource
management incentive program; amending Minnesota Statutes 2004, sections
290C.02, subdivisions 3, 7, 8; 290C.04.

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

Section 1.

Minnesota Statutes 2004, section 290C.02, subdivision 3, is amended to read:

Subd. 3.

Claimant.

new text begin (a) new text end "Claimant" means a person, as that term is defined in
section 290.01, subdivision 2, who owns forest land in Minnesota and files an application
authorized by the Sustainable Forest Incentive Act. new text begin Claimant includes a purchaser or
grantee if property enrolled in the program was sold or transferred after the original
application was filed and prior to the annual incentive payment being made. The purchaser
or grantee must notify the commissioner in writing of the sale or transfer of the property.
new text end For purposes of section 290C.11, claimant also includes any person bound by the covenant
required in section 290C.04.
new text begin new text end

new text begin (b) new text end No more than one claimant is entitled to a payment under this chapter with
respect to any tract, parcel, or piece of land enrolled under this chapter that has been
assigned the same parcel identification number. When enrolled forest land is owned by
two or more persons, the owners new text begin , or in the case of property sold or transferred, the former
owner and the purchaser or grantee, new text end must determine between them which person deleted text begin may
claim deleted text end new text begin is eligible to claim new text end the payments provided under sections 290C.01 to 290C.11. new text begin The
owners, transferees, or grantees must notify the commissioner in writing which person is
eligible to claim the payments.
new text end

Sec. 2.

Minnesota Statutes 2004, section 290C.02, subdivision 7, is amended to read:

Subd. 7.

Forest management plan.

"Forest management plan" means a written
document providing a framework for site-specific healthy, productive, and sustainable
forest resources. A forest management plan must include at least the following: (i)
deleted text begin owner-specific deleted text end forest management goals for the land; (ii) a reliable field inventory of the
individual forest cover types, their age, and density; (iii) a description of the soil type and
quality; (iv) an aerial photo and/or map of the vegetation and other natural features of the
land clearly indicating the boundaries of the land and of the forest land; (v) the proposed
future conditions of the land; (vi) prescriptions to meet proposed future conditions of
the land; (vii) a recommended timetable for implementing the prescribed activities; and
(viii) a legal description of the land encompassing the parcels included in the plan. All
management activities prescribed in a plan must be in accordance with the recommended
timber harvesting and forest management guidelines. The commissioner of natural
resources shall provide a framework for plan content and updating and revising plans.

Sec. 3.

Minnesota Statutes 2004, section 290C.02, subdivision 8, is amended to read:

Subd. 8.

Timber harvesting and forest management guidelines.

"Timber
harvesting and forest management guidelines" means guidelines developed under section
89A.05 and adopted by the Minnesota Forest Resources Council in deleted text begin 1998 deleted text end new text begin effect at the time
the tract, parcel, or piece of land is enrolled in the sustainable forest incentive program new text end .

Sec. 4.

Minnesota Statutes 2004, 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 September 30 in order for the land to become eligible beginning
in the next year. The application shall be on a form prescribed by the commissioner and
must include the information the commissioner deems 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, (vi) the approved plan writer's signature and identification number, and
(vii) 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. 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. 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.

(b) In all cases, 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.11, paragraph (a).

(c) 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.

(d) The Social Security numbers collected from individuals under this section are
private data as provided in section 13.355. The deleted text begin state or deleted text end 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.

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 through 4 are effective the day following final enactment.
new text end