SF 916

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; coordination of efforts 
  1.3             of public and private sectors in the sustainable 
  1.4             management, use, development, and protection of 
  1.5             Minnesota's forest resources; establishing a forest 
  1.6             resources council and regional forest resource 
  1.7             committees; appropriating money; proposing coding for 
  1.8             new law as Minnesota Statutes, chapter 89A. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  [89A.01] [DEFINITIONS.] 
  1.11     Subdivision 1.  Unless the language or context clearly 
  1.12  indicates that a different meaning is intended, the following 
  1.13  terms, for the purpose of this chapter, have the meanings given 
  1.14  them. 
  1.15     Subd. 2.  "Advisory committee" means the forest resources 
  1.16  research advisory committee established under section 89A.08. 
  1.17     Subd. 3.  "Biological diversity" means the variety and 
  1.18  abundance of species, their genetic composition, and the 
  1.19  communities, ecosystems, and landscapes in which they occur, 
  1.20  including the ecological structures, functions, and processes 
  1.21  occurring at all of these levels. 
  1.22     Subd. 4.  "Commissioner" means the commissioner of natural 
  1.23  resources or agent of the commissioner. 
  1.24     Subd. 5.  "Cooperative" means the interagency information 
  1.25  cooperative established under section 89A.09. 
  1.26     Subd. 6.  "Council" means the Minnesota forest resources 
  1.27  council established by section 89A.03. 
  2.1      Subd. 7.  "Department" means the Minnesota department of 
  2.2   natural resources. 
  2.3      Subd. 8.  "Ecosystem" means a system of physical, chemical, 
  2.4   and biological components interacting within a defined space and 
  2.5   time. 
  2.6      Subd. 9.  "Forest resources" has the meaning given in 
  2.7   section 89.001, subdivision 8. 
  2.8      Subd. 10.  "Guidelines" means the comprehensive timber 
  2.9   harvesting and forest management guidelines developed under 
  2.10  section 89A.05. 
  2.11     Subd. 11.  "Landscape" means a heterogenous land area 
  2.12  composed of interacting ecosystems that are defined by natural 
  2.13  features and socially defined attributes. 
  2.14     Subd. 12.  "Landscape-level" means typically long-term or 
  2.15  broad-based efforts that may require extensive analysis or 
  2.16  planning over large areas that may involve or require 
  2.17  coordination across land ownerships. 
  2.18     Subd. 13.  "Partnership" means an organized coalition of 
  2.19  forest landowners, managers, and loggers whose purpose is to 
  2.20  provide a forum for coordinating the implementation of council 
  2.21  recommendations. 
  2.22     Subd. 14.  "Regional committees" means the regional forest 
  2.23  resources committees established under section 89A.06. 
  2.24     Subd. 15.  "Site-level" means efforts affecting operational 
  2.25  procedures used in the planning and implementation of timber 
  2.26  harvesting and forest management activities on an individual 
  2.27  site or local scale. 
  2.28     Subd. 16.  "Sustainable" means meeting the needs of the 
  2.29  present without compromising the ability of future generations 
  2.30  to meet their own needs. 
  2.31     Sec. 2.  [89A.02] [POLICY.] 
  2.32     It shall be the policy of the state to: 
  2.33     (1) pursue the sustainable management, use, and protection 
  2.34  of Minnesota's forest resources to achieve the state's economic, 
  2.35  environmental, and social goals; 
  2.36     (2) encourage cooperation and collaboration between public 
  3.1   and private sectors in the management of Minnesota's forest 
  3.2   resources; 
  3.3      (3) recognize and consider forest resource issues, 
  3.4   concerns, and impacts at site levels and landscape levels; and 
  3.5      (4) recognize the broad array of perspectives regarding the 
  3.6   management, use, and protection of Minnesota's forest resources, 
  3.7   and to establish processes and mechanisms that seek and 
  3.8   incorporate such perspectives in the planning and management of 
  3.9   the state's forest resources. 
  3.10     Nothing in sections 89A.01 to 89A.10 shall abolish, repeal, 
  3.11  or negate any existing authority, policies, programs, or 
  3.12  activities of the commissioner or other statutory authorities in 
  3.13  managing and protecting the state's forest resources. 
  3.14     Sec. 3.  [89A.03] [FOREST RESOURCES COUNCIL.] 
  3.15     Subdivision 1.  [ESTABLISHMENT.] A forest resources 
  3.16  council, designated as the Minnesota forest resources council, 
  3.17  is permanently established. 
  3.18     Subd. 2.  [MEMBERSHIP.] The council shall have 12 members 
  3.19  appointed by the governor.  Council membership shall consist of 
  3.20  one representative from each of the following: 
  3.21     (1) environmental organization; 
  3.22     (2) fish and wildlife organization; 
  3.23     (3) conservation organization; 
  3.24     (4) forest products industry; 
  3.25     (5) timber harvester; 
  3.26     (6) resort and tourism industry; 
  3.27     (7) research or higher education institution; 
  3.28     (8) nonindustrial private forest landowner; 
  3.29     (9) agricultural woodlot interest; 
  3.30     (10) department of natural resources; 
  3.31     (11) county land department; and 
  3.32     (12) United States Department of Agriculture forest service 
  3.33  unit with land management responsibility in Minnesota. 
  3.34     Subd. 3.  [PURPOSE.] The council shall develop 
  3.35  recommendations to the governor and to federal, state, county, 
  3.36  and local governments with respect to forest resource policies 
  4.1   and practices that result in the sustainable management, use, 
  4.2   and protection of the state's forest resources.  Such policies 
  4.3   and practices shall: 
  4.4      (1) acknowledge the interactions of complex forest 
  4.5   ecosystems, multiple ownership patterns, and local to 
  4.6   international economic forces; 
  4.7      (2) give equal consideration to the long-term economic, 
  4.8   ecological, and social needs and limits of the state's forest 
  4.9   resources; 
  4.10     (3) foster the productivity of the state's forests to 
  4.11  provide a diversity of sustainable benefits at site levels and 
  4.12  landscape levels; 
  4.13     (4) enhance the ability of the state's forest resources to 
  4.14  provide future benefits and services; 
  4.15     (5) foster no net loss of forest land in Minnesota: 
  4.16     (6) maintain appropriate mixes of forest cover types and 
  4.17  age classes within landscapes to promote biological diversity 
  4.18  and viable forest-dependent fish and wildlife populations; and 
  4.19     (7) encourage collaboration and coordination with multiple 
  4.20  constituencies in planning and managing Minnesota's forest 
  4.21  resources. 
  4.22     Subd. 4.  [COUNCIL MEETINGS.] The council shall establish 
  4.23  procedures for conducting its meetings in accordance with the 
  4.24  Minnesota open meeting law that include provisions for seeking 
  4.25  and incorporating public input. 
  4.26     Subd. 5.  [COUNCIL OFFICERS AND STAFF.] A chair shall be 
  4.27  appointed by the governor from the members of the council.  An 
  4.28  appropriation is authorized through the department to provide 
  4.29  the council with an executive director and administrative 
  4.30  assistant.  The executive director and administrative assistant 
  4.31  shall be hired by and work for the council.  Technical expertise 
  4.32  that will enable the council to carry out its functions shall be 
  4.33  provided to the council by those interests represented on the 
  4.34  council. 
  4.35     Subd. 6.  [MEMBERSHIP REGULATION.] Terms, compensation, 
  4.36  nomination, appointment, and removal of council members are 
  5.1   governed by section 15.059.  Section 15.059, subdivision 5, does 
  5.2   not govern the expiration date of the council.  The governor 
  5.3   shall make initial council appointments within 60 days of the 
  5.4   effective date of this chapter. 
  5.5      Subd. 7.  [BIENNIAL REPORT.] Beginning on January 1, 1997, 
  5.6   the council shall biennially prepare a report to the governor 
  5.7   and legislature on the status of Minnesota's forest resources, 
  5.8   and strategic directions to provide for their management, use, 
  5.9   and protection.  Information generated by the reporting 
  5.10  requirements identified in sections 89A.01 to 89A.10 shall be 
  5.11  incorporated in the council's report.  To the extent possible, 
  5.12  the council's report shall also identify the activities and 
  5.13  accomplishments of various programs that directly affect 
  5.14  Minnesota's forest resources. 
  5.15     Subd. 8.  [REVIEW OF FOREST RESOURCES PLAN AND ASSESSMENT.] 
  5.16  The council shall undertake a review of the forest resource 
  5.17  management plan and forest assessment requirements contained in 
  5.18  section 89.011, and report to the commissioner no later than 
  5.19  July 1, 1996, on the appropriateness and effectiveness of these 
  5.20  requirements, including recommendations for enhancing existing 
  5.21  forest resource planning processes.  The council shall review 
  5.22  draft statewide and district forest resource planning documents, 
  5.23  and incorporate the findings, including any recommendation, of 
  5.24  such reviews in its biennial report specified in subdivision 7. 
  5.25     Sec. 4.  [89A.04] [PARTNERSHIP.] 
  5.26     It is the policy of the state to encourage forest 
  5.27  landowners, forest managers, and loggers to establish a 
  5.28  partnership in which the implementation of council 
  5.29  recommendations can occur in a timely and coordinated manner 
  5.30  across ownerships.  The partnership shall serve as a forum for 
  5.31  discussing operational implementation issues and problem solving 
  5.32  related to forest resources management and planning concerns, 
  5.33  and be responsive to the recommendations of the council.  This 
  5.34  partnership shall also actively foster collaboration and 
  5.35  coordination among forest managers and landowners in addressing 
  5.36  landscape-level operations and concerns.  In fulfilling its 
  6.1   responsibilities as identified in this chapter, the council 
  6.2   shall seek input from and consult with the partnership. 
  6.3      Sec. 5.  [89A.05] [TIMBER HARVESTING AND FOREST MANAGEMENT 
  6.4   GUIDELINES.] 
  6.5      Subdivision 1.  [DEVELOPMENT.] The council shall coordinate 
  6.6   the development of comprehensive timber harvesting and forest 
  6.7   management guidelines.  The guidelines shall address the water, 
  6.8   air, soil, biotic, recreational, and aesthetic resources found 
  6.9   in forest ecosystems by focusing on those impacts commonly 
  6.10  associated with applying site-level forestry practices.  The 
  6.11  guidelines shall reflect a range of practical and sound 
  6.12  practices based on the best available scientific information, 
  6.13  and be integrated to minimize conflicting recommendations while 
  6.14  being easy to understand and implement.  Best management 
  6.15  practices previously developed for forest management shall be 
  6.16  incorporated into the guidelines.  The council shall 
  6.17  periodically review and, when deemed necessary, update the 
  6.18  guidelines. 
  6.19     Subd. 2.  [APPLICATION.] The timber harvesting and forest 
  6.20  management guidelines shall be voluntarily applied on private 
  6.21  forest lands.  Prior to their actual use, the council shall 
  6.22  develop guideline implementation goals for each major forest 
  6.23  land ownership category.  If the information developed as a 
  6.24  result of the monitoring programs established in section 89A.07 
  6.25  indicates the implementation goals for the guidelines are not 
  6.26  being met and the council determines significant adverse impacts 
  6.27  are occurring, the council shall recommend to the governor 
  6.28  additional measures to address those impacts.  The council shall 
  6.29  incorporate any such recommendations as part of the council's 
  6.30  biennial report required by section 89A.03, subdivision 7. 
  6.31     Sec. 6.  [89A.06] [LANDSCAPE-LEVEL FOREST RESOURCE PLANNING 
  6.32  AND COORDINATION.] 
  6.33     Subdivision 1.  [FRAMEWORK.] The council shall establish a 
  6.34  framework that will enable long-range strategic planning and 
  6.35  landscape coordination to occur, to the extent possible, across 
  6.36  all forested regions of the state and across all ownerships.  
  7.1   Such a framework shall include: 
  7.2      (1) the identification of the landscapes within which 
  7.3   long-range strategic planning of forest resources can occur.  
  7.4   Such landscapes shall be delineated based on broadly defined 
  7.5   ecological units and existing classification systems, yet 
  7.6   recognize existing political and administrative boundaries and 
  7.7   planning processes; 
  7.8      (2) a statement of principles and goals for landscape-based 
  7.9   forest resource planning; and 
  7.10     (3) the identification of a general process by which 
  7.11  landscape-based forest resource planning can occur.  Such a 
  7.12  process shall give considerable latitude to design planning 
  7.13  processes that fit the unique needs and resources of each 
  7.14  landscape; reflect a balanced consideration of the economic, 
  7.15  social, and environmental conditions and needs of each 
  7.16  landscape; and interface and establish formats that are 
  7.17  compatible with other landscape-based forest resource plans. 
  7.18     Subd. 2.  [REGIONAL FOREST RESOURCE COMMITTEES.] To foster 
  7.19  landscape-based forest resource planning, the council shall 
  7.20  establish regional forest resource committees.  These regional 
  7.21  committees shall: 
  7.22     (1) include representative interests in a particular region 
  7.23  that are committed to and involved in landscape planning and 
  7.24  coordination activities; 
  7.25     (2) serve as a forum for landowners, managers, and 
  7.26  representative interests to discuss landscape forest resource 
  7.27  issues; 
  7.28     (3) identify and implement an open and public process 
  7.29  whereby landscape-based strategic planning of forest resources 
  7.30  can occur; 
  7.31     (4) identify sustainable forest resource goals for the 
  7.32  landscape and strategies to achieve those goals; and 
  7.33     (5) provide a regional perspective to the council with 
  7.34  respect to council activities. 
  7.35     Subd. 3.  [REGIONAL COMMITTEE OFFICERS AND STAFF.] The 
  7.36  council chair shall appoint a chair of each regional committee.  
  8.1   The council shall ensure regional committees have sufficient 
  8.2   staff resources to carry out their mission as defined in this 
  8.3   section. 
  8.4      Subd. 4.  [REPORT.] Each regional committee shall report to 
  8.5   the council its work activities and accomplishments. 
  8.6      Sec. 7.  [89A.07] [MONITORING.] 
  8.7      Subdivision 1.  [FOREST RESOURCE MONITORING.] The 
  8.8   department shall establish a program that monitors broad trends 
  8.9   and conditions in the state's forest resources at statewide, 
  8.10  landscape, and site levels.  The council shall provide oversight 
  8.11  and program direction for the development and implementation of 
  8.12  this monitoring program.  To the extent possible, the 
  8.13  information generated by this monitoring program shall be 
  8.14  reported in formats consistent with the landscape regions used 
  8.15  to accomplish the planning and coordination activities specified 
  8.16  in section 89A.06.  To the extent possible, such a program shall 
  8.17  incorporate data generated by existing resource monitoring 
  8.18  programs.  The department shall report to the council 
  8.19  information on current conditions and recent trends in the 
  8.20  state's forest resources. 
  8.21     Subd. 2.  [PRACTICES AND COMPLIANCE MONITORING.] The 
  8.22  department shall establish a program that monitors silvicultural 
  8.23  practices and application of the timber harvesting and forest 
  8.24  management guidelines at statewide, landscape, and site levels.  
  8.25  The council shall provide oversight and program direction for 
  8.26  the development and implementation of this monitoring program.  
  8.27  To the extent possible, the information generated by this 
  8.28  monitoring program shall be reported in formats consistent with 
  8.29  the landscape regions used to accomplish the planning and 
  8.30  coordination activities specified in section 89A.06.  The 
  8.31  department shall report to the council on the nature and extent 
  8.32  of silvicultural practices used, and compliance with the timber 
  8.33  harvesting and forest management guidelines. 
  8.34     Subd. 3.  [EFFECTIVENESS MONITORING.] The department, in 
  8.35  cooperation with other research and land management 
  8.36  organizations, shall evaluate the effectiveness of practices 
  9.1   that attempt to mitigate impacts of timber harvesting and forest 
  9.2   management activities on the state's forest resources.  The 
  9.3   council shall provide oversight and program direction for the 
  9.4   development and implementation of this monitoring program. 
  9.5      Subd. 4.  [OTHER STUDIES AND PROGRAMS.] The council shall 
  9.6   monitor the implementation of other programs, formal studies, 
  9.7   and initiatives affecting Minnesota's forest resources. 
  9.8      Subd. 5.  [CITIZEN CONCERNS.] The council shall establish a 
  9.9   process whereby individuals witnessing what they believe to be 
  9.10  negligent timber harvesting or forest management practices shall 
  9.11  be able to file a complaint regarding such practices.  The 
  9.12  council shall also develop a process for handling the complaints.
  9.13     Sec. 8.  [89A.08] [RESEARCH ADVISORY COMMITTEE.] 
  9.14     Subdivision 1.  [ESTABLISHMENT.] A forest resources 
  9.15  research advisory committee shall be appointed by the council.  
  9.16  The committee shall consist of representatives of: 
  9.17     (1) the college of natural resources, University of 
  9.18  Minnesota; 
  9.19     (2) the natural resources research institute, University of 
  9.20  Minnesota; 
  9.21     (3) the department of natural resources; 
  9.22     (4) the north central forest experiment station, United 
  9.23  States Department of Agriculture forest service; and 
  9.24     (5) the other organizations as deemed appropriate by the 
  9.25  council. 
  9.26     Subd. 2.  [PURPOSE.] The purpose of the advisory committee 
  9.27  shall be to foster the identification and undertaking of 
  9.28  priority forest resources research activities by encouraging: 
  9.29     (1) collaboration between organizations with 
  9.30  responsibilities for conducting forest resources research; 
  9.31     (2) linkages between researchers in different disciplines 
  9.32  in conducting forest resources research; and 
  9.33     (3) interaction and communication between researchers and 
  9.34  practitioners in the development and use of forest resources 
  9.35  research. 
  9.36     Subd. 3.  [RESEARCH ASSESSMENT.] The advisory committee 
 10.1   shall periodically undertake an assessment of strategic 
 10.2   directions in forest resources research.  The assessment shall 
 10.3   be based on input provided by administrators, researchers, 
 10.4   practitioners, and the general public, and include: 
 10.5      (1) an assessment of the current status of forestry 
 10.6   resources research in the state; 
 10.7      (2) an identification of important forest resource issues 
 10.8   in need of research; 
 10.9      (3) an identification of priority forest research 
 10.10  activities whose results will enable a better understanding of 
 10.11  site-level and landscape-level impacts resulting from timber 
 10.12  harvesting and forest management activities; and 
 10.13     (4) an assessment of the progress toward addressing the 
 10.14  priority forest resources research needs identified. 
 10.15     The forest resources research assessment shall be made 
 10.16  widely available to the research community, forest managers and 
 10.17  users, and the public. 
 10.18     Subd. 4.  [RESEARCH DELIVERY.] Based on the priority forest 
 10.19  resources research activities identified in subdivision 3, the 
 10.20  advisory committee shall promote these research needs and the 
 10.21  dissemination of findings to the research community, forest 
 10.22  managers and users, and the public. 
 10.23     Subd. 5.  [RESEARCH AND PRACTITIONER LINKAGES.] The 
 10.24  advisory committee shall periodically facilitate forums which 
 10.25  will result in increased communications between the individuals 
 10.26  and organizations conducting forest resources research and the 
 10.27  users of such research. 
 10.28     Subd. 6.  [REPORT.] The advisory committee shall report to 
 10.29  the council its accomplishments in fulfilling the 
 10.30  responsibilities identified in this section. 
 10.31     Sec. 9.  [89A.09] [INTERAGENCY INFORMATION COOPERATIVE.] 
 10.32     Subdivision 1.  [ESTABLISHMENT.] The department shall 
 10.33  coordinate the establishment of an interagency information 
 10.34  cooperative.  Members of the cooperative shall include: 
 10.35     (1) the department; 
 10.36     (2) the land management information center; 
 11.1      (3) the Minnesota association of county land commissioners; 
 11.2      (4) United States Department of Agriculture forest service; 
 11.3   and 
 11.4      (5) other organizations as deemed appropriate by the 
 11.5   department. 
 11.6      Subd. 2.  [PURPOSE.] The purpose of the cooperative shall 
 11.7   be to: 
 11.8      (1) coordinate the development and use of forest resources 
 11.9   data in Minnesota; 
 11.10     (2) promote the development of statewide guidelines and 
 11.11  common language to enhance the ability of public and private 
 11.12  organizations and institutions to share forest resources data; 
 11.13     (3) promote the development of information systems that 
 11.14  support access to important forest resources data; 
 11.15     (4) promote improvement in the accuracy, reliability, and 
 11.16  statistical soundness of fundamental forest resources data; 
 11.17     (5) promote linkages and integration of forest resources 
 11.18  data to other natural resource information; 
 11.19     (6) promote access and use of forest resources data and 
 11.20  information systems in decision making by a variety of public 
 11.21  and private organizations; 
 11.22     (7) promote expanding the capacity and reliability of 
 11.23  forest growth, succession, and other types of ecological models; 
 11.24  and 
 11.25     (8) conduct a needs assessment for improving the quality 
 11.26  and quantity of information systems. 
 11.27     Subd. 3.  [REPORT.] The information cooperative shall 
 11.28  report to the council its accomplishments in fulfilling the 
 11.29  responsibilities identified in this section. 
 11.30     Sec. 10.  [89A.10] [CONTINUING EDUCATION; CERTIFICATION.] 
 11.31     It shall be the policy of the state to encourage timber 
 11.32  harvesters and forest resource professionals to establish 
 11.33  voluntary certification and continuing education programs within 
 11.34  their respective professions.  The council shall, where 
 11.35  appropriate, facilitate the development of these programs.