HF 3418

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/12/2024 12:01pm

A bill for an act
relating to natural resources; providing for investment accounts; modifying report
requirements; providing for transfer or sale of bison; providing for enhanced
restitution values for mistreatment of wild animals; clarifying protection of
threatened species; modifying releaf program; increasing tree seedling availability;
correcting fee for water use general permit; extending Mineral Coordinating
Committee; appropriating money; amending Minnesota Statutes 2022, sections
16A.125, subdivision 5; 84.027, subdivision 12; 84.0895, subdivisions 1, 8; 88.82;
89.36, subdivision 1; 89.37, subdivision 3; 93.0015, subdivision 3; 97A.341,
subdivisions 1, 2, 3; 97A.345; Minnesota Statutes 2023 Supplement, section
103G.301, subdivision 2; proposing coding for new law in Minnesota Statutes,
chapter 11A.

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

Section 1.

new text begin [11A.236] ACCOUNT TO INVEST FINANCIAL ASSURANCE MONEY
FROM PERMITS TO MINE.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; appropriation. new text end

new text begin (a) The State Board of Investment, when
requested by the commissioner of natural resources, may invest money collected by the
commissioner as part of financial assurance provided under a permit to mine issued under
chapter 93. The State Board of Investment may establish one or more accounts into which
money may be deposited for the purposes of this section, subject to the policies and
procedures of the State Board of Investment. Use of any money in the account is restricted
to the financial assurance purposes identified in sections 93.46 to 93.51 and rules adopted
thereunder and as authorized under any trust fund agreements or other conditions established
under a permit to mine.
new text end

new text begin (b) Money in an account established under paragraph (a) is appropriated to the
commissioner of natural resources for the purposes for which the account is established
under this section.
new text end

new text begin Subd. 2. new text end

new text begin Account maintenance and investment. new text end

new text begin (a) The commissioner of natural
resources may deposit money in the appropriate account and may withdraw money from
the appropriate account for the financial assurance purposes identified in sections 93.46 to
93.51 and rules adopted thereunder and as authorized under any trust fund agreements or
other conditions established under the permit to mine for which the financial assurance is
provided, subject to the policies and procedures of the State Board of Investment.
new text end

new text begin (b) Investment strategies related to an account established under this section must be
determined jointly by the commissioner of natural resources and the executive director of
the State Board of Investment. The authorized investments for an account are the investments
authorized under section 11A.24 that are made available for investment by the State Board
of Investment.
new text end

new text begin (c) Investment transactions must be at a time and in a manner determined by the executive
director of the State Board of Investment. Decisions to withdraw money from the account
must be determined by the commissioner of natural resources, subject to the policies and
procedures of the State Board of Investment. Investment earnings must be credited to the
appropriate account for financial assurance under the identified permit to mine.
new text end

new text begin (d) The commissioner of natural resources may terminate an account at any time, so
long as the termination is in accordance with applicable statutes, rules, trust fund agreements,
or other conditions established under the permit to mine, subject to the policies and
procedures of the State Board of Investment.
new text end

Sec. 2.

Minnesota Statutes 2022, section 16A.125, subdivision 5, is amended to read:

Subd. 5.

Forest trust lands.

(a) The term "state forest trust fund lands" as used in this
subdivision, means public land in trust under the constitution set apart as "forest lands under
the authority of the commissioner" of natural resources as defined by section 89.001,
subdivision 13.

(b) The commissioner of management and budget shall credit the revenue from the forest
trust fund lands to the forest suspense account. The account must specify the trust funds
interested in the lands and the respective receipts of the lands.

(c) After a fiscal year, the commissioner of management and budget shall certify the
costs incurred for forestry during that year under appropriations for the improvement,
administration, and management of state forest trust fund lands and construction and
improvement of forest roads to enhance the forest value of the lands. The certificate must
specify the trust funds interested in the lands. After presentation to the Legislative Permanent
School Fund Commission new text begin or by June 30 each year, whichever is sooner new text end , the commissioner
of natural resources shall supply the commissioner of management and budget with the
information needed for the certificate. The certificate shall include an analysis that compares
costs certified under this section with costs incurred on other public and private lands with
similar land assets.

(d) After a fiscal year, the commissioner shall distribute the receipts credited to the
suspense account during that fiscal year as follows:

(1) the amount of the certified costs incurred by the state for forest management, forest
improvement, and road improvement during the fiscal year shall be transferred to the forest
management investment account established under section 89.039;

(2) the amount of costs incurred by the Legislative Permanent School Fund Commission
under section 127A.30, and by the school trust lands director under section 127A.353, shall
be transferred to the general fund;

(3) the balance of the certified costs incurred by the state during the fiscal year shall be
transferred to the general fund; and

(4) the balance of the receipts shall then be returned prorated to the trust funds in
proportion to their respective interests in the lands which produced the receipts.

Sec. 3.

Minnesota Statutes 2022, section 84.027, subdivision 12, is amended to read:

Subd. 12.

Property disposal; gift acknowledgment; advertising sales.

(a) The
commissioner may recognize the contribution of money or in-kind services on plaques,
signs, publications, audiovisual materials, and media advertisements by allowing the
organization's contribution to be acknowledged in print of readable size.

(b) The commissioner may accept paid advertising for departmental publications.
Advertising revenues received are appropriated to the commissioner to be used to defray
costs of publications, media productions, or other informational materials. The commissioner
may not accept paid advertising from any elected official or candidate for elective office.

new text begin (c) Notwithstanding section 16B.2975, subdivision 6, clause (2), if the commissioner
determines that a transfer benefits the state's natural resources management or bison
management, the commissioner may request that the commissioner of administration donate
and convey bison to a governmental unit or nonprofit organization, in or outside Minnesota,
or sell bison. The recipient of the bison is solely responsible for all future expenses related
to the bison.
new text end

Sec. 4.

Minnesota Statutes 2022, section 84.0895, subdivision 1, is amended to read:

Subdivision 1.

Prohibition.

Notwithstanding any other law, a person may not take,
import, transport, new text begin release, new text end or sell any portion of an endangered new text begin or threatened new text end species of wild
animal or plant, or sell or possess with intent to sell an article made with any part of the
skin, hide, or parts of an endangered new text begin or threatened new text end species of wild animal or plant, except
as provided in subdivisions 2 and 7.

Sec. 5.

Minnesota Statutes 2022, section 84.0895, subdivision 8, is amended to read:

Subd. 8.

Application.

This section does not apply retroactively deleted text begin or prohibit importation
into this state and subsequent possession, transport, and sale of wild animals, wild plants,
or parts of wild animals or plants that are legally imported into the United States or legally
acquired and exported from another territory, state, possession, or political subdivision of
the United States deleted text end .

Sec. 6.

Minnesota Statutes 2022, section 88.82, is amended to read:

88.82 MINNESOTA RELEAF PROGRAM.

The Minnesota releaf program is established in the Department of Natural Resources to
encourage, promote, and fund the inventory, planting, assessment, maintenance,
improvement, protection, new text begin utilization, new text end and restoration of trees and forest resources in this
state to enhance community forest ecosystem health and sustainability as well as to reduce
atmospheric carbon dioxide levels and promote energy conservation.

Sec. 7.

Minnesota Statutes 2022, section 89.36, subdivision 1, is amended to read:

Subdivision 1.

Production at state nurseries.

The commissioner of natural resources
may produce tree planting stock for the purposes of sections 89.35 to 89.39 upon any lands
under control of the commissioner which may be deemed suitable and available therefor so
far as not inconsistent with other uses to which such lands may be dedicated by law. deleted text begin The
commissioner may not produce more than 10,000,000 units of planting stock annually, after
January 1, 2003.
deleted text end

Sec. 8.

Minnesota Statutes 2022, section 89.37, subdivision 3, is amended to read:

Subd. 3.

Private lands.

The commissioner may supply deleted text begin only bare root deleted text end seedlings, woody
cuttings, and transplant material for use on private land, provided that such material must
be sold in lots of not less than 250 for a sum determined by the commissioner to be equivalent
to the cost of the materials and the expenses of their distribution. The commissioner may
not directly or indirectly supply any other planting stock for use on private lands.

Sec. 9.

Minnesota Statutes 2022, section 93.0015, subdivision 3, is amended to read:

Subd. 3.

Expiration.

The committee expires June 30, deleted text begin 2026 deleted text end new text begin 2036 new text end .

Sec. 10.

Minnesota Statutes 2022, section 97A.341, subdivision 1, is amended to read:

Subdivision 1.

Liability for restitution.

A person who kills, injures, or possesses a wild
animal in violation of the game and fish laws new text begin or section 343.21 new text end is liable to the state for the
value of the wild animal as provided in this section. Species afforded protection include
members of the following groups as defined by statute or rule: game fish, game birds, big
game, small game, fur-bearing animals, minnows, and threatened and endangered animal
species. Other animal species may be added by rule of the commissioner as determined
after public meetings and notification of the chairs of the environment and natural resources
committees in the senate and house of representatives.

Sec. 11.

Minnesota Statutes 2022, section 97A.341, subdivision 2, is amended to read:

Subd. 2.

Arrest and charging procedure.

(a) An enforcement officer who arrests a
person for killing, injuring, or possessing a wild animal in violation of the game and fish
laws new text begin or section 343.21 new text end must describe the number, species, and restitution value of wild
animals illegally killed, injured, or possessed on the warrant or the notice to appear in court.

(b) As part of the charge against a person arrested for killing, injuring, or possessing a
wild animal in violation of the game and fish laws new text begin or section 343.21 new text end , the prosecuting attorney
must include a demand that restitution be made to the state for the value of the wild animal
killed, injured, or possessed. The demand for restitution is in addition to the criminal penalties
otherwise provided for the violation.

Sec. 12.

Minnesota Statutes 2022, section 97A.341, subdivision 3, is amended to read:

Subd. 3.

Sentencing procedure.

If a person is convicted of or pleads guilty to killing,
injuring, or possessing a wild animal in violation of the game and fish laws new text begin or section 343.21 new text end ,
the court must require the person to pay restitution to the state for replacement of the wild
animal as part of the sentence or state in writing why restitution was not imposed. The court
may consider the economic circumstances of the person and, in lieu of monetary restitution,
order the person to perform conservation work representing the amount of restitution that
will aid the propagation of wild animals. If the court does not order a person to pay restitution,
the court administrator must send a copy of the court order to the commissioner.

Sec. 13.

Minnesota Statutes 2022, section 97A.345, is amended to read:

97A.345 RESTITUTION VALUE OF WILD ANIMALS.

(a) The commissioner may, by rules adopted under chapter 14, prescribe the dollar value
to the state of species of wild animals. The value may reflect the value to other persons to
legally take the wild animal, the replacement cost, or the intrinsic value to the state of the
wild animals. Species of wild animals with similar values may be grouped together.

(b) The value of a wild animal under the rules adopted by the commissioner is prima
facie evidence of a wild animal's value under section 97A.341.

(c) The commissioner shall report annually to the legislature the amount of restitution
collected under section 97A.341 and the manner in which the funds were expended.

new text begin (d) When a person kills, injures, or possesses a wild animal in violation of section 343.21,
the restitution value prescribed by the commissioner under paragraph (a) is doubled.
new text end

Sec. 14.

Minnesota Statutes 2023 Supplement, section 103G.301, subdivision 2, is amended
to read:

Subd. 2.

Permit application and notification fees.

(a) A fee to defray the costs of
receiving, recording, and processing must be paid for a permit application authorized under
this chapter, except for a general permit application, for each request to amend or transfer
an existing permit, and for a notification to request authorization to conduct a project under
a general permit. Fees established under this subdivision, unless specified in paragraph (c),
must comply with section 16A.1285.

(b) Proposed projects that require water in excess of 100 million gallons per year must
be assessed fees to recover the costs incurred to evaluate the project and the costs incurred
for environmental review. Fees collected under this paragraph must be credited to an account
in the natural resources fund and are appropriated to the commissioner.

(c) The fee to apply for a permit to appropriate water, in addition to any fee under
paragraph (b), is $150. The application fee for a permit to construct or repair a dam that is
subject to a dam safety inspection, to work in public waters, or to divert waters for mining
must be at least $1,200, but not more than $12,000. The fee for a notification to request
authorization to conduct a project under a general permit is $400 new text begin , except that the fee for a
notification to request authorization to appropriate water under a general permit is $100 new text end .