HF 810

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state lands; providing for certain state 
  1.3             land acquisition; modifying the Mississippi whitewater 
  1.4             trail; modifying provisions of the outdoor recreation 
  1.5             system; establishing a mineral coordinating committee; 
  1.6             adding to and deleting from state parks, state 
  1.7             recreation areas, state forests, and wildlife 
  1.8             management areas; authorizing sales of certain surplus 
  1.9             state land in St. Louis and Beltrami counties; 
  1.10            amending Minnesota Statutes 2002, sections 85.013, 
  1.11            subdivision 1; 85.0156, subdivision 1; 86A.04; 
  1.12            proposing coding for new law in Minnesota Statutes, 
  1.13            chapter 93. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 2002, section 85.013, 
  1.16  subdivision 1, is amended to read: 
  1.17     Subdivision 1.  [NAMES, ACQUISITION; ADMINISTRATION.] State 
  1.18  parks, (a) Designated monuments, recreation reserves, and 
  1.19  waysides heretofore established and hereby confirmed as state 
  1.20  monuments, state recreation areas and state waysides together 
  1.21  with the counties in which they are situated are listed in this 
  1.22  section and shall hereafter be named as indicated in this 
  1.23  section.  
  1.24     (b) Any land that now is or hereafter becomes tax-forfeited 
  1.25  land and is located within the described boundaries of a state 
  1.26  recreation area as defined by session laws is hereby withdrawn 
  1.27  from sale and is transferred from the custody, control, and 
  1.28  supervision of the county board of the county to the 
  1.29  commissioner of natural resources, free from any trust in favor 
  2.1   of the interested taxing districts.  The commissioner shall 
  2.2   execute a certificate of acceptance of the lands on behalf of 
  2.3   the state for such purposes and transmit the same to the county 
  2.4   auditor of the county for record as provided by law in the case 
  2.5   of tax-forfeited land transferred to the commissioner by 
  2.6   resolution of the county board for conservation purposes. 
  2.7      Sec. 2.  Minnesota Statutes 2002, section 85.0156, 
  2.8   subdivision 1, is amended to read: 
  2.9      Subdivision 1.  [CREATION.] An urban whitewater trail is 
  2.10  created along the Mississippi river in the lower St. Anthony 
  2.11  falls area below the stone arch bridge in Minneapolis.  The 
  2.12  trail must be primarily developed for whitewater rafters, 
  2.13  canoers, and kayakers. 
  2.14     Sec. 3.  Minnesota Statutes 2002, section 86A.04, is 
  2.15  amended to read: 
  2.16     86A.04 [COMPOSITION OF SYSTEM.] 
  2.17     The outdoor recreation system shall consist of all state 
  2.18  parks; state recreation areas; state trails established pursuant 
  2.19  to sections 84.029, subdivision 2, and 85.015, 85.0155, and 
  2.20  85.0156; state scientific and natural areas; state wilderness 
  2.21  areas; state forests; state wildlife management areas; state 
  2.22  water access sites, which include all lands and facilities 
  2.23  established by the commissioner of natural resources or the 
  2.24  commissioner of transportation to provide public access to 
  2.25  water; state wild, scenic, and recreational rivers; state 
  2.26  historic sites; state rest areas, which include all facilities 
  2.27  established by the commissioner of transportation for the 
  2.28  safety, rest, comfort and use of the highway traveler, and shall 
  2.29  include all existing facilities designated as rest areas and 
  2.30  waysides by the commissioner of transportation; and any other 
  2.31  units not listed in this section that are classified under 
  2.32  section 86A.05.  Each individual state park, state recreation 
  2.33  area, and so forth is called a "unit." 
  2.34     Sec. 4.  [93.0015] [MINERAL COORDINATING COMMITTEE.] 
  2.35     Subdivision 1.  [ESTABLISHMENT; MEMBERSHIP.] The mineral 
  2.36  coordinating committee is established to plan for diversified 
  3.1   mineral development.  The mineral coordinating committee 
  3.2   consists of: 
  3.3      (1) the commissioner of natural resources; 
  3.4      (2) the deputy commissioner of the Minnesota pollution 
  3.5   control agency; 
  3.6      (3) the director of United Steelworkers of America, 
  3.7   district 11, or the director's designee; 
  3.8      (4) the commissioner of iron range resources and 
  3.9   rehabilitation; 
  3.10     (5) the director of the Minnesota geological survey; 
  3.11     (6) the dean of the University of Minnesota institute of 
  3.12  technology; 
  3.13     (7) the director of the natural resources research 
  3.14  institute; and 
  3.15     (8) three individuals appointed by the governor for a 
  3.16  four-year term, one each representing the iron ore and taconite, 
  3.17  nonferrous metallic minerals, and industrial minerals industries 
  3.18  within the state. 
  3.19     Subd. 2.  [STAFFING.] The commissioner of natural resources 
  3.20  shall serve as chair of the committee.  A member of the 
  3.21  committee may designate another person of the member's 
  3.22  organization to act in the member's place.  The commissioner 
  3.23  shall provide staff and administrative services necessary for 
  3.24  the committee's activities. 
  3.25     Subd. 3.  [EXPIRATION.] Notwithstanding section 15.059, 
  3.26  subdivision 5, or other law to the contrary, the committee 
  3.27  expires June 30, 2007.  
  3.28     Subd. 4.  [ADVICE.] The mineral coordinating committee is 
  3.29  encouraged to solicit and receive advice from representatives of 
  3.30  the United States Geological Survey, United States Environmental 
  3.31  Protection Agency, and United States Department of Energy. 
  3.32     Sec. 5.  [ADDITIONS TO STATE PARKS.] 
  3.33     Subdivision 1.  [85.012] [Subd. 18.] [FORT SNELLING STATE 
  3.34  PARK, RAMSEY, HENNEPIN, AND DAKOTA COUNTIES.] The following 
  3.35  areas are added to Ft. Snelling state park, Dakota and Hennepin 
  3.36  counties: 
  4.1      (1) the following is in Section 18, Township 27 North, 
  4.2   Range 23 West, Dakota county:  that part of Government Lot 8, 
  4.3   according to the Government Survey thereof, described as 
  4.4   follows:  commencing at the southwest corner of said Government 
  4.5   Lot 8; thence on an assumed bearing of South 88 degrees 21 
  4.6   minutes 46 seconds East, along the south line of said Government 
  4.7   Lot 8, a distance of 1287.93 feet to the actual point of 
  4.8   beginning of the property to be described; thence continuing 
  4.9   South 88 degrees 21 minutes 46 seconds East, along said south 
  4.10  line of Government Lot 8, a distance of 1055.38 feet to the 
  4.11  southwesterly right-of-way line of Cedar Avenue (Nicols Road); 
  4.12  thence northwesterly along said southwesterly right-of-way line 
  4.13  to a point distant 75.00 feet southeasterly, measured along said 
  4.14  southwesterly right-of-way line, from its intersection with the 
  4.15  southeasterly right-of-way line of the Chicago, St. Paul, 
  4.16  Minneapolis, and Omaha Railroad; thence South 48 degrees 15 
  4.17  minutes 09 seconds West, parallel with said southeasterly 
  4.18  right-of-way line, a distance of 150.00 feet; thence North 29 
  4.19  degrees 28 minutes 09 seconds West, parallel with said 
  4.20  southwesterly right-of-way line, a distance of 75.00 feet to the 
  4.21  southeasterly right-of-way line of said railroad; thence 
  4.22  southwesterly along said southeasterly right-of-way line to its 
  4.23  intersection with a line bearing North 32 degrees 45 minutes 39 
  4.24  seconds West from the point of beginning; thence South 32 
  4.25  degrees 45 minutes 39 seconds East a distance of 323.53 feet to 
  4.26  the point of beginning; EXCEPTING THEREFROM that part described 
  4.27  as follows:  beginning at the intersection of the south line of 
  4.28  said Government Lot 8 and the southwesterly right-of-way line of 
  4.29  Cedar Avenue (Nicols Road); thence northwesterly along said 
  4.30  southwesterly right-of-way line a distance of 285.00 feet; 
  4.31  thence South 57 degrees 40 minutes 36 seconds West a distance of 
  4.32  446.50 feet to a point on the south line of said Government Lot 
  4.33  8, distant 508.50 feet West of the point of beginning; thence 
  4.34  South 88 degrees 21 minutes 46 seconds East, along the south 
  4.35  line of said Government Lot 8, a distance 508.50 feet to the 
  4.36  point of beginning; 
  5.1      (2) that part of the East Half of the Northeast Quarter 
  5.2   North of Little Creek, Section 6, Township 27 North, Range 23 
  5.3   West, described as follows:  Beginning at the northeast corner 
  5.4   of the Northeast Quarter of said Section 6; thence South along 
  5.5   the east line of said Section 6, a distance of 2115.8 feet to 
  5.6   center of Little Creek so-called; thence with a bearing of North 
  5.7   74 degrees 30 minutes 00 seconds West from last mentioned 
  5.8   course, a distance of 750 feet along said center of creek; 
  5.9   thence North 38 degrees 53 minutes 00 seconds West a distance of 
  5.10  170 feet along the center of said creek; thence North 14 degrees 
  5.11  44 minutes 00 seconds West, a distance of 250 feet along said 
  5.12  center line of creek; thence southwesterly along said center 
  5.13  line of creek a distance of 505 feet to a point on the west line 
  5.14  of the East Half of said Northeast Quarter of Section 6, said 
  5.15  point being 1790.6 feet South of the north line of said 
  5.16  Northeast Quarter of Section 6; thence North along the west line 
  5.17  of the East Half of the Northeast Quarter of said Section 6, a 
  5.18  distance of 1790.6 feet to the north line of said Northeast 
  5.19  Quarter; thence East 1320 feet to the point of beginning, the 
  5.20  title thereto being registered as evidenced by Certificate of 
  5.21  Title No. 590582; which lies southerly of Line 1 described as 
  5.22  follows:  From the northeast corner of Section 6, Township 27 
  5.23  North, Range 23 West, run southerly on the east line of said 
  5.24  Section 6, on an azimuth of 179 degrees 57 minutes 16 seconds 
  5.25  for 50.13 feet to the point of beginning of Line 1 to be 
  5.26  described; thence on an azimuth of 235 degrees 01 minutes 06 
  5.27  seconds for 94.31 feet; thence on an azimuth of 224 degrees 33 
  5.28  minutes 00 seconds for 196.82 feet; thence on an azimuth of 230 
  5.29  degrees 12 minutes 40 seconds for 403.57 feet; thence on an 
  5.30  azimuth of 233 degrees 15 minutes 41 seconds for 276.59 feet; 
  5.31  thence on an azimuth of 237 degrees 46 minutes 24 seconds for 
  5.32  338.06 feet; thence on an azimuth of 247 degrees 21 minutes 24 
  5.33  seconds for 314.42 feet more or less to the west line of the 
  5.34  East Half of said Section 6, and there terminating.  Subject to 
  5.35  the following restrictions:  no access shall be permitted to 
  5.36  Trunk Highway 393, renumbered 494, from the lands herein 
  6.1   described and conveyed; and 
  6.2      (3) that part of Section 20, Township 28 North, Range 23 
  6.3   West, of the fourth principal meridian, Hennepin county, 
  6.4   Minnesota, as shown on an October 28, 1997, survey done by 
  6.5   William H. Herbst for Group No. 179 titled "TOWNSHIP 28 NORTH, 
  6.6   RANGE 23 WEST, OF THE FOURTH PRINCIPAL MERIDIAN, MINNESOTA.  
  6.7   DEPENDENT RESURVEY AND SURVEY U.S. BUREAU OF MINES, TWIN CITIES 
  6.8   RESEARCH CENTER, WITHIN THE FORT SNELLING MILITARY RESERVATION," 
  6.9   described as follows:  Commencing at Station H.H., said station 
  6.10  being a 1-inch-diameter steel rod firmly imbedded in concrete 
  6.11  (to get to Station H.H:  Commence at the southwest corner of 
  6.12  Section 17, Township 28 North, Range 23 West, said corner being 
  6.13  MCM 107 of the city of Minneapolis and state of Minnesota 
  6.14  coordinate grid systems; thence South 39 degrees 54 minutes 57 
  6.15  seconds East, a distance of 4,015.45 feet to monument number 2 
  6.16  located on a western extension of the south line of the U.S. 
  6.17  Department of the Interior, Bureau of Mines reservation 
  6.18  heretofore established; thence South 89 degrees 52 minutes 00 
  6.19  seconds East for a distance of 1,192 feet, more or less, along 
  6.20  the south boundary and fence line of the Bureau of Mines to 
  6.21  Station H.H.); thence on an assumed bearing of North 89 degrees 
  6.22  55.3 minutes West, a distance of 234.85 feet, along the south 
  6.23  line of the U.S. Department of the Interior, Bureau of Mines 
  6.24  reservation to the POINT OF BEGINNING; thence North 34 degrees 
  6.25  20.5 minutes West, a distance of 187.42 feet; thence North 23 
  6.26  degrees 39.6 minutes West, a distance of 80.18 feet; thence 
  6.27  North 19 degrees 26.3 minutes West, a distance of 75.69 feet; 
  6.28  thence North 16 degrees 31.6 minutes West, a distance of 70.66 
  6.29  feet; thence North 13 degrees 22.0 minutes West, a distance of 
  6.30  70.02 feet; thence North 10 degrees 30.0 minutes West, a 
  6.31  distance of 80.78 feet; thence North 08 degrees 56.6 minutes 
  6.32  West, a distance of 73.92 feet; thence North 07 degrees 52.2 
  6.33  minutes West, a distance of 1,189.90 feet to a point on the 
  6.34  north line of the U.S. Department of the Interior, Bureau of 
  6.35  Mines reservation (said point lying South 89 degrees 54.6 
  6.36  minutes West, a distance of 18.0 feet from Station A.A.); thence 
  7.1   South 89 degrees 54.6 minutes West, a distance of 740.84 feet 
  7.2   along said north line; thence South 14 degrees 43.1 minutes 
  7.3   East, a distance of 846.53 feet; thence South 13 degrees 29.7 
  7.4   minutes East, a distance of 57.42 feet; thence South 12 degrees 
  7.5   47.1 minutes East, a distance of 424.03 feet; thence South 25 
  7.6   degrees 57.4 minutes East, a distance of 283.01 feet; thence 
  7.7   South 38 degrees 45.3 minutes East, a distance of 303.20 feet to 
  7.8   the south line of said reservation; thence South 89 degrees 55.3 
  7.9   minutes East, a distance of 478.70 feet to the point of 
  7.10  beginning. 
  7.11     Subd. 2.  [85.012] [Subd. 27a.] [GRAND PORTAGE STATE PARK, 
  7.12  COOK COUNTY.] The following area is added to Grand Portage state 
  7.13  park, Cook county:  The East Half of the Northeast Quarter of 
  7.14  the Northeast Quarter of Section 25, Township 64 North, Range 6 
  7.15  East; and the Northwest Quarter of the Northwest Quarter and the 
  7.16  Northeast Quarter of the Northwest Quarter, all in Section 30, 
  7.17  Township 64 North, Range 7 East. 
  7.18     Subd. 3.  [85.012] [Subd. 33.] [LAKE BEMIDJI STATE PARK, 
  7.19  BELTRAMI COUNTY.] The following area is added to Lake Bemidji 
  7.20  state park, all in Township 146 North, Range 33 West, Beltrami 
  7.21  county: 
  7.22     That part of Lot 1, Block 3 of LINDS ADDITION TO BEMIDJI, 
  7.23  according to the recorded plat thereof on file and of record in 
  7.24  the Beltrami county recorder's office, in Section 2, described 
  7.25  as follows:  commencing at the southeast corner of said Lot 1, 
  7.26  Block 3; thence westerly along the south line of said Lot 1, 
  7.27  Block 3 to a point being 25 feet easterly of, measured at right 
  7.28  angles to, the centerline of an existing trail and the point of 
  7.29  beginning of the land to be described; thence northwesterly 
  7.30  parallel with and 25 feet easterly of measured at right angles 
  7.31  to, the centerline of the existing trail to a point being 25 
  7.32  feet northerly of, measured at right angles to, the south line 
  7.33  of said Lot 1, Block 3; thence westerly, parallel with and 25 
  7.34  feet northerly of the south line of said Lot 1, Block 3, to a 
  7.35  point being 25 feet westerly of, measured at right angles to, 
  7.36  the centerline of the existing trail; thence southerly, 
  8.1   perpendicular to the south line of said Lot 1, Block 3, to the 
  8.2   said south line of Lot 1, Block 3; thence easterly along the 
  8.3   south line of said Lot 1, Block 3, to the point of beginning. 
  8.4      Subd. 4.  [85.012] [Subd. 55a.] [TETTEGOUCHE STATE PARK, 
  8.5   LAKE COUNTY.] The following areas are added to Tettegouche state 
  8.6   park, Lake county:  the Northeast Quarter of Section 16, 
  8.7   Township 56 North, Range 7 West. 
  8.8      Sec. 6.  [DELETION FROM TETTEGOUCHE STATE PARK.] 
  8.9      [85.012] [Subd. 55a.] [TETTEGOUCHE STATE PARK, LAKE 
  8.10  COUNTY.] The following area is deleted from Tettegouche state 
  8.11  park, Lake county:  the Southwest Quarter of Section 16, 
  8.12  Township 56 North, Range 7 West. 
  8.13     Sec. 7.  [ADDITION TO IRON RANGE OFF-HIGHWAY VEHICLE 
  8.14  RECREATION AREA.] 
  8.15     [85.013] [Subd. 12a.] [IRON RANGE OFF-HIGHWAY VEHICLE 
  8.16  RECREATION AREA, ST. LOUIS COUNTY.] The following areas are 
  8.17  added to Iron Range Off-Highway Vehicle recreation area, St. 
  8.18  Louis county: 
  8.19     (1) the NW1/4, lying north of the Mesabi Trail, in Section 
  8.20  23, Township 58 North, Range 17 West, containing approximately 
  8.21  80 acres; and 
  8.22     (2) the N1/2 of the NW1/4, SW1/4 of the NW1/4, and the 
  8.23  NW1/4 of the SW1/4 all in Section 3, Township 58 North, Range 17 
  8.24  West, containing approximately 160 acres. 
  8.25     Sec. 8.  [ADDITION TO PAUL BUNYAN STATE FOREST.] 
  8.26     [89.021] [Subd. 38.] [PAUL BUNYAN STATE FOREST.] The 
  8.27  following area is added to Paul Bunyan state forest: S1/2SE1/4 
  8.28  of Section 25, Township 143 North, Range 34 West; Lot 10 of 
  8.29  Section 15, Township 141 North, Range 33 West; Government Lot 4 
  8.30  and the SW1/4NW1/4 of Section 22, Township 141 North, Range 33 
  8.31  West; and the NW1/4SW1/4 of Section 9; the N1/2NE1/4; W1/2NW1/4 
  8.32  and the SE1/4NW1/4 of Section 16, Township 141 North, Range 32 
  8.33  West. 
  8.34     Sec. 9.  [DELETIONS FROM RED LAKE WILDLIFE MANAGEMENT 
  8.35  AREA.] 
  8.36     [97A.133] [Subd. 44.] [RED LAKE WILDLIFE MANAGEMENT AREA; 
  9.1   BELTRAMI COUNTY] The following areas are deleted from Red Lake 
  9.2   wildlife management area: 
  9.3      (1) all of Sections 1 and 2; Lot 1, Lot 2, the S1/2 of the 
  9.4   NE1/4, and the SE1/4 of Section 3; the E1/2, the SE1/4 of the 
  9.5   NW1/4, the NE1/4 of the SW1/4, and the S1/2 of the SW1/4 of 
  9.6   Section 10; all of Sections 11, 12, 13, 14, and 15; all in 
  9.7   Township 155 North, Range 31 West; and 
  9.8      (2) all of Sections 25, 26, and 27; the E1/2, the NW1/4, 
  9.9   and the N1/2 of the SW1/4 of Section 34; the N1/2 and the SW1/4 
  9.10  of Section 35; the N1/2, the E1/2 of the SW1/4; the SW1/4 of the 
  9.11  SW1/4, the W1/2 of the SE1/4 and the SE1/4 of the SE1/4 of 
  9.12  Section 36; all in Township 156 North, Range 31 West. 
  9.13     Sec. 10.  [PRIVATE SALE OF SURPLUS STATE LAND BORDERING 
  9.14  PUBLIC WATERS; ST. LOUIS COUNTY.] 
  9.15     (a) Notwithstanding Minnesota Statutes, sections 92.45, 
  9.16  94.09, and 94.10, the commissioner of natural resources may sell 
  9.17  by private sale to adjacent landowners the surplus land 
  9.18  bordering public waters that is described in paragraph (c). 
  9.19     (b) The conveyance must be in a form approved by the 
  9.20  attorney general and the consideration must be equal to the fair 
  9.21  market value of the land plus the cost of appraisal. 
  9.22     (c) The land to be sold is in St. Louis county and is a 
  9.23  parcel of land to be split from Government Lot 5, Section 1, 
  9.24  Township 67 North, Range 17 West.  The exact area to be sold 
  9.25  will be determined by completion of a further site analysis. 
  9.26     (d) The conveyance is necessary for installation of a 
  9.27  community septic system to benefit the adjacent land owners in 
  9.28  Government Lot 6, Section 1, Township 67 North, Range 17 West. 
  9.29     (e) The commissioner has determined that the parcel needed 
  9.30  for the purpose described in paragraph (d) is available for 
  9.31  surplus, will not be necessary for natural resources purposes, 
  9.32  and is best suited for the above-stated purpose. 
  9.33     Sec. 11.  [PUBLIC SALE OF SURPLUS STATE LAND; BELTRAMI 
  9.34  COUNTY.] 
  9.35     (a) Notwithstanding Minnesota Statutes, section 94.10, the 
  9.36  commissioner of natural resources may sell by public sale for 
 10.1   less than the appraised value the surplus land that is described 
 10.2   in paragraph (c). 
 10.3      (b) The conveyance must be in a form approved by the 
 10.4   attorney general. 
 10.5      (c) The land to be sold is located in Beltrami county and 
 10.6   is described as:  Lots 6 through 12, Block 11, First Addition to 
 10.7   Blackduck. 
 10.8      (d) The commissioner has determined that the land is no 
 10.9   longer needed for any natural resource purpose and that the 
 10.10  state's land management interests would best be served if the 
 10.11  land was sold.