Minnesota Legislature
SF 1123
as introduced - 90th Legislature (2017 - 2018) Posted on 03/14/2017 11:36am
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A bill for an act
relating to natural resources; modifying timber sales requirements; modifying
requirements for outdoor recreation rules; amending Minnesota Statutes 2016,
sections 90.01, subdivisions 8, 12, by adding a subdivision; 90.101, subdivision
2; 90.14; 90.145, subdivision 2; 90.201, subdivision 1; Laws 1999, chapter 231,
section 204.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2016, section 90.01, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin Affiliate. new text end
new text begin
"Affiliate" means a person who:
new text end
new text begin
(1) controls, is controlled by, or is under common control with any other person including,
without limitation, a partner, business entity with common ownership, or principal of any
business entity or a subsidiary, parent company, or holding company of any person; or
new text end
new text begin
(2) bids as a representative for another person.
new text end
Sec. 2.
Minnesota Statutes 2016, section 90.01, subdivision 8, is amended to read:
Subd. 8.
Permit holder.
"Permit holder" means the person new text begin or affiliate of the person new text end who
is the signatory of a permit to cut timber on state lands.
Sec. 3.
Minnesota Statutes 2016, section 90.01, subdivision 12, is amended to read:
Subd. 12.
Responsible bidder.
"Responsible bidder" means a person new text begin or affiliate of a
person new text end who is financially responsible; demonstrates the judgment, skill, ability, capacity,
and integrity requisite and necessary to perform according to the terms of a permit issued
under this chapter; and is not currently debarred by deleted text begin anotherdeleted text end new text begin anew text end government entity for any
cause.
Sec. 4.
Minnesota Statutes 2016, section 90.101, subdivision 2, is amended to read:
Subd. 2.
Sale list and notice.
At least 30 days before the date of sale, the commissioner
shall compile a list containing a description of each tract of land upon which any timber to
be offered is situated and a statement of the estimated quantity of timber and of the appraised
price of each kind of timber thereon as shown by the report of the state appraiser. No
description shall be added after the list is posted and no timber shall be sold from land not
described in the list. Copies of the list deleted text begin shalldeleted text end new text begin mustnew text end be furnished to all interested applicants.
new text begin At least 30 days before the date of sale, new text end a copy of the list deleted text begin shalldeleted text end new text begin mustnew text end be new text begin posted on the Internet
or new text end conspicuously posted in the forest office or other public facility most accessible to potential
bidders deleted text begin at least 30 days prior to the date of saledeleted text end . deleted text begin The commissioner shall cause a notice to
be published once not less than one week before the date of sale in a legal newspaper in the
county or counties where the land is situated. The notice shall state the time and place of
the sale and the location at which further information regarding the sale may be obtained.deleted text end
The commissioner may give other published or posted notice as the commissioner deems
proper to reach prospective bidders.
Sec. 5.
Minnesota Statutes 2016, section 90.14, is amended to read:
90.14 AUCTION SALE PROCEDURE.
(a) All state timber shall be offered and sold by the same unit of measurement as it was
appraised. No tract shall be sold to any person other than the deleted text begin purchaserdeleted text end new text begin responsible biddernew text end
in whose name the bid was made. The commissioner may refuse to approve any and all bids
received and cancel a sale of state timber for good and sufficient reasons.
(b) The purchaser at any sale of timber shall, immediately upon the approval of the bid,
or, if unsold at public auction, at the time of purchase at a subsequent sale under section
90.101, subdivision 1, pay to the commissioner a down payment of 15 percent of the
appraised value. In case any purchaser fails to make such payment, the purchaser shall be
liable therefor to the state in a civil action, and the commissioner may reoffer the timber
for sale as though no bid or sale under section 90.101, subdivision 1, therefor had been
made.
(c) In lieu of the scaling of state timber required by this chapter, a purchaser of state
timber may, at the time of payment by the purchaser to the commissioner of 15 percent of
the appraised value, elect in writing on a form prescribed by the attorney general to purchase
a permit based solely on the appraiser's estimate of the volume of timber described in the
permit, provided that the commissioner has expressly designated the availability of such
option for that tract on the list of tracts available for sale as required under section 90.101.
A purchaser who elects in writing on a form prescribed by the attorney general to purchase
a permit based solely on the appraiser's estimate of the volume of timber described on the
permit does not have recourse to the provisions of section 90.281.
(d) In the case of a public auction sale conducted by a sealed bid process, tracts shall be
awarded to the high bidder, who shall pay to the commissioner a down payment of 15
percent of the appraised value that must be received or postmarked within 14 days of the
date of the sealed bid opening. If a purchaser fails to make the down payment, the purchaser
is liable for the down payment to the state and the commissioner may offer the timber for
sale to the next highest bidder as though no higher bid had been made.
(e) Except as otherwise provided by law, at the time the purchaser signs a permit issued
under section 90.151, the commissioner shall require the purchaser to make a bid guarantee
payment to the commissioner in an amount equal to 15 percent of the total purchase price
of the permit less the down payment amount required by paragraph (b) for any bid increase
in excess of $10,000 of the appraised value. If a required bid guarantee payment is not
submitted with the signed permit, no harvesting may occur, the permit cancels, and the
down payment for timber forfeits to the state. The bid guarantee payment forfeits to the
state if the purchaser and successors in interest fail to execute an effective permit.
Sec. 6.
Minnesota Statutes 2016, section 90.145, subdivision 2, is amended to read:
Subd. 2.
Purchaser registration.
To facilitate the sale of permits issued under section
90.151, the commissioner may establish a registration system to verify the qualifications
of a person new text begin or affiliate new text end as a responsible bidder to purchase a timber permit. Any system
implemented by the commissioner shall be limited in scope to only that information that is
required for the efficient administration of the purchaser qualification requirements of this
chapter. The registration system established under this subdivision is not subject to the
rulemaking provisions of chapter 14 and section 14.386 does not apply.
Sec. 7.
Minnesota Statutes 2016, section 90.201, subdivision 1, is amended to read:
Subdivision 1.
Void sales; refunds.
deleted text begin Anydeleted text end new text begin Anew text end sale of timber made by fraud or mistake or
in violation of deleted text begin the provisions ofdeleted text end this chapter deleted text begin shall bedeleted text end new text begin or other state or federal laws is new text end void,
the permit issued deleted text begin thereon shall be ofdeleted text end new text begin on the sale hasnew text end no effect, and the holder deleted text begin shall be required
todeleted text end new text begin mustnew text end surrender the deleted text begin samedeleted text end new text begin permitnew text end . In case of a sale made by mistakenew text begin ,new text end the amount paid deleted text begin shalldeleted text end new text begin
mustnew text end be refunded to the permit holder, ornew text begin ,new text end at the request of the permit holdernew text begin ,new text end the
commissioner may credit the refund as payment upon any other timber purchased by the
permit holder. If timber has been cut on a permit deleted text begin whichdeleted text end new text begin thatnew text end required cancellation deleted text begin due todeleted text end new text begin
because ofnew text end error by the state, deleted text begin itdeleted text end new text begin the timbernew text end may be sold at single stumpage rate without
formalities.new text begin If possible, the original permit may be modified to comply with this chapter or
other state or federal laws. If the permit is modified, the commissioner must refund the
difference of the permit value to the permit holder.
new text end
Sec. 8.
Laws 1999, chapter 231, section 204, is amended to read:
Sec. 204. RULES FOR PUBLIC USE OF RECREATIONAL AREAS.
(a) The commissioner of natural resources shall amend the proposed permanent rules
relating to public use of recreational areas, published in the State Register, volume 23, pages
751 to 763, October 5, 1998, according to this section and pursuant to Minnesota Statutes,
section 14.388.
(b) The proposed permanent rules may not be more restrictive than the following
provisions:
(1) "forest trail" means a trail that is either constructed, maintained, or located on forest
lands administered by the commissioner for recreational activities on forest lands. Forest
trail does not include state recreational trails as defined in Minnesota Statutes, section
85.015;
(2) no person may cut live merchantable trees on forest lands for constructing an elevated
scaffold, except that shrubs, the lateral branches of trees, and saplings measuring smaller
than four inches in diameter at 4-1/2 feet off the ground may be removednew text begin . This clause does
not apply to amendments adopted to the permanent rule after July 1, 2017new text end ;
(3) motor vehicles may operate on forest lands classified as managed on forest roads
and forest trails that are not posted and designated as closed, subject to the limitations and
exceptions in proposed Minnesota Rules, part 6100.1950;
(4) a public meeting shall be held in the county where the largest portion of the forest
lands are located to provide information to and receive comment from the public regarding
the proposed classification change;
(5) no person shall operate a motor vehicle on forest lands on or over the beds of lakes,
rivers, or streams when ice is not covering the water body, except on a bridge, culvert, or
similar structure or designated low water crossing; and
(6) motor vehicles may operate on forest lands classified as limited on forest roads that
are not posted and designated closed and on forest trails or areas that are posted and
designated to allow motor vehicle use, subject to the limitations and exceptions in proposed
Minnesota Rules, part 6100.1950.
(c) The commissioner shall remove the following provisions of the rules, as proposed:
(1) no person shall operate a motor vehicle on forest lands off a forest road or trail,
except:
(i) on forest lands classified as managed or limited during the seasons open for taking
big game, licensed hunters may use all terrain vehicles off forest trails to retrieve big game
animals by taking the most direct route between the carcass and the trail; and
(ii) inside the boundaries of a posted and designated scramble area;
(2) no person shall create an unauthorized trail on forest lands; and
(3) a person may not operate or be in control of a motor vehicle or snowmobile on forest
lands while under the influence of alcohol or a controlled or hazardous substance. Arrest
and testing procedures are according to Minnesota Statutes, section 84.91 to 84.911.