SF 1362

2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; providing for 
  1.3             coordination of efforts of public and private sectors 
  1.4             in the sustainable management, use, development, and 
  1.5             protection of Minnesota's forest resources; 
  1.6             establishing a forest resources council and regional 
  1.7             forest resource committees; proposing coding for new 
  1.8             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.  [APPLICABILITY.] Unless the language or 
  1.12  context clearly indicates that a different meaning is intended, 
  1.13  the following terms, for the purpose of this chapter, have the 
  1.14  meanings given. 
  1.15     Subd. 2.  [ADVISORY COMMITTEE.] "Advisory committee" means 
  1.16  the forest resources research advisory committee established 
  1.17  under section 89A.07. 
  1.18     Subd. 3.  [BIOLOGICAL DIVERSITY.] "Biological diversity" 
  1.19  means the variety and abundance of species, their genetic 
  1.20  composition, and the communities and landscapes in which they 
  1.21  occur, including the ecological structures, functions, and 
  1.22  processes occurring at all of these levels. 
  1.23     Subd. 4.  [COMMISSIONER.] "Commissioner" means the 
  1.24  commissioner of natural resources or agent of the commissioner. 
  1.25     Subd. 5.  [COUNCIL.] "Council" means the Minnesota forest 
  1.26  resources council established by section 89A.03. 
  1.27     Subd. 6.  [DEPARTMENT.] "Department" means the department 
  2.1   of natural resources. 
  2.2      Subd. 7.  [FOREST RESOURCES.] "Forest resources" has the 
  2.3   meaning given in section 89.001, subdivision 8. 
  2.4      Subd. 8.  [GUIDELINES.] "Guidelines" means the 
  2.5   comprehensive timber harvesting and forest management guidelines 
  2.6   developed under section 89A.04. 
  2.7      Subd. 9.  [LANDSCAPE.] "Landscape" means a heterogenous 
  2.8   land area composed of interacting sustainable forest resources 
  2.9   that are defined by natural features and socially defined 
  2.10  attributes. 
  2.11     Subd. 10.  [LANDSCAPE-LEVEL.] "Landscape-level" means 
  2.12  typically long-term or broad-based efforts that may require 
  2.13  extensive analysis or planning over large areas that may involve 
  2.14  or require coordination across land ownerships. 
  2.15     Subd. 11.  [SITE-LEVEL.] "Site-level" means efforts 
  2.16  affecting operational procedures used in the planning and 
  2.17  implementation of timber harvesting and forest management 
  2.18  activities on an individual site or local scale. 
  2.19     Subd. 12.  [SUSTAINABLE.] "Sustainable" means meeting the 
  2.20  needs of the present without compromising the ability of future 
  2.21  generations to meet their own needs. 
  2.22     Sec. 2.  [89A.02] [POLICY.] 
  2.23     It is the policy of the state to: 
  2.24     (1) pursue the sustainable management, use, and protection 
  2.25  of the state's forest resources to achieve the state's economic, 
  2.26  environmental, and social goals; 
  2.27     (2) encourage cooperation and collaboration between public 
  2.28  and private sectors in the management of the state's forest 
  2.29  resources; 
  2.30     (3) recognize and consider forest resource issues, 
  2.31  concerns, and impacts at the site and landscape levels; and 
  2.32     (4) recognize the broad array of perspectives regarding the 
  2.33  management, use, and protection of the state's forest resources, 
  2.34  and establish processes and mechanisms that seek and incorporate 
  2.35  these perspectives in the planning and management of the state's 
  2.36  forest resources. 
  3.1      Nothing in sections 89A.01 to 89A.07 abolishes, repeals, or 
  3.2   negates any existing authorities, policies, programs, or 
  3.3   activities of the commissioner or other statutory authorities 
  3.4   related to managing and protecting state's forest resources. 
  3.5      Sec. 3.  [89A.03] [MINNESOTA FOREST RESOURCES COUNCIL.] 
  3.6      Subdivision 1.  [MEMBERSHIP.] The Minnesota forest 
  3.7   resources council has 13 members appointed by the governor.  
  3.8   Council membership must include one representative from each of 
  3.9   the following: 
  3.10     (1) an organization representing environmental interests 
  3.11  within the state; 
  3.12     (2) an organization representing the interests of 
  3.13  management of game species; 
  3.14     (3) an organization which has a primary interest in 
  3.15  conservation of land and acquires land for such purposes; 
  3.16     (4) an association representing forest products industry 
  3.17  within the state; 
  3.18     (5) a commercial logging contractor active in a forest 
  3.19  product association; 
  3.20     (6) a statewide association representing the resort and 
  3.21  tourism industry; 
  3.22     (7) a faculty or researcher of a Minnesota research or 
  3.23  higher educational institution; 
  3.24     (8) an owner of nonindustrial, private forest land of 40 
  3.25  acres or more; 
  3.26     (9) an agricultural woodlot owner; 
  3.27     (10) the department; 
  3.28     (11) a county land commissioner who is a member of the 
  3.29  Minnesota association of county land commissioners; 
  3.30     (12) the United States Forest Service unit with land 
  3.31  management responsibility in Minnesota; and 
  3.32     (13) a labor organization with membership having an 
  3.33  interest in forest resource issues. 
  3.34     Subd. 2.  [PURPOSE.] The council shall develop 
  3.35  recommendations to the governor, the federal government, and 
  3.36  local governments with respect to forest resources policies and 
  4.1   practices that result in the sustainable management, use, and 
  4.2   protection of the state's forest resources.  The policies and 
  4.3   practices must: 
  4.4      (1) acknowledge the interactions of complex sustainable 
  4.5   forest resources, 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 the site 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 the state; 
  4.16     (6) encourage 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 habitats; and 
  4.19     (7) encourage collaboration and coordination with multiple 
  4.20  constituencies in planning and managing the state's forest 
  4.21  resources. 
  4.22     Subd. 3.  [COUNCIL MEETINGS.] The council shall establish 
  4.23  procedures for conducting its meetings in accordance with 
  4.24  section 471.705 that include provisions for seeking and 
  4.25  incorporating public input. 
  4.26     Subd. 4.  [COUNCIL OFFICERS AND STAFF.] The governor shall 
  4.27  appoint a chair from the members of the council.  The council 
  4.28  may employ an executive director and administrative assistant.  
  4.29     Subd. 5.  [MEMBERSHIP REGULATIONS.] Terms, compensation, 
  4.30  and removal of council members are governed by section 15.059. 
  4.31     Subd. 6.  [BIENNIAL REPORT.] The council shall biennially 
  4.32  prepare a report to the governor and legislature on the status 
  4.33  of the state's forest resources, and strategic directions to 
  4.34  provide for their management, use, and protection.  Information 
  4.35  generated by the reporting requirements identified in sections 
  4.36  89A.01 to 89A.07 must be incorporated in the council's report.  
  5.1   To the extent possible, the council's report must also identify 
  5.2   the activities and accomplishments of various programs that 
  5.3   directly affect the state's forest resources. 
  5.4      Subd. 7.  [REVIEW OF FOREST RESOURCES PLAN AND ASSESSMENT.] 
  5.5   The council shall undertake a review of the forest resource 
  5.6   management plan and forest assessment requirements in section 
  5.7   89.011, and report to the commissioner no later than July 1, 
  5.8   1996, on the appropriateness and effectiveness of these 
  5.9   requirements, including recommendations for enhancing existing 
  5.10  forest resource planning processes.  The council shall review 
  5.11  draft statewide and district forest resource planning documents, 
  5.12  and incorporate the findings, including any recommendation, of 
  5.13  such reviews in the biennial report required in subdivision 6. 
  5.14     Sec. 4.  [89A.04] [TIMBER HARVESTING AND FOREST MANAGEMENT 
  5.15  GUIDELINES.] 
  5.16     Subdivision 1.  [DEVELOPMENT.] The council shall coordinate 
  5.17  the development of comprehensive timber harvesting and forest 
  5.18  management guidelines.  The guidelines must address the water, 
  5.19  air, soil, biotic, recreational, and aesthetic resources found 
  5.20  in forest ecosystems by focusing on those impacts commonly 
  5.21  associated with applying site-level forestry practices.  The 
  5.22  guidelines must reflect a range of practical and sound practices 
  5.23  based on the best available scientific information, and be 
  5.24  integrated to minimize conflicting recommendations while being 
  5.25  easy to understand and implement.  Best management practices 
  5.26  previously developed for forest management must be incorporated 
  5.27  into the guidelines.  The council shall periodically review and, 
  5.28  when deemed necessary, update the guidelines. 
  5.29     Subd. 2.  [ECONOMIC CONSIDERATIONS.] Before the 
  5.30  implementation of timber harvesting and forest management 
  5.31  guidelines, new site-level practices and landscape-level 
  5.32  programs, the council shall analyze the costs of new site-level 
  5.33  practices and landscape-level programs.  When the analysis 
  5.34  concludes that new landscape-level programs and site-level 
  5.35  practices will result in adverse economic effects, including 
  5.36  decreased timber supply and negative effects on tourism, 
  6.1   opportunities to offset those effects must be explored.  The 
  6.2   council shall also: 
  6.3      (1) identify and quantify forest and timberland acreages 
  6.4   that will no longer be available for harvest; and 
  6.5      (2) encourage public resource agencies to provide 
  6.6   sustainable, predictable supplies of high-quality forest 
  6.7   resource benefits, including timber supplies that are consistent 
  6.8   with their multiple mandates and diverse management objectives.  
  6.9   These benefits should be provided by public resource agencies in 
  6.10  proportion to their forest land's capability to do so. 
  6.11     Subd. 3.  [APPLICATION.] The timber harvesting and forest 
  6.12  management guidelines are voluntary on private forest lands.  
  6.13  Prior to their actual use, the council shall develop guideline 
  6.14  implementation goals for each major forest land ownership 
  6.15  category.  If the information developed as a result of the 
  6.16  monitoring programs established in section 89A.06 indicates the 
  6.17  implementation goals for the guidelines are not being met and 
  6.18  the council determines significant adverse impacts are 
  6.19  occurring, the council shall recommend to the governor 
  6.20  additional measures to address those impacts.  The council shall 
  6.21  incorporate any such recommendations as part of the council's 
  6.22  biennial report required by section 89A.03, subdivision 7. 
  6.23     Sec. 5.  [89A.05] [LANDSCAPE-LEVEL FOREST RESOURCE PLANNING 
  6.24  AND COORDINATION.] 
  6.25     Subdivision 1.  [FRAMEWORK.] The council shall establish a 
  6.26  framework that will enable long-range strategic planning and 
  6.27  landscape coordination to occur, to the extent possible, across 
  6.28  all forested regions of the state and across all ownerships.  
  6.29  Such a framework shall include: 
  6.30     (1) the identification of the landscapes within which 
  6.31  long-range strategic planning of forest resources can occur.  
  6.32  Such landscapes shall be delineated based on broadly defined 
  6.33  ecological units and existing classification systems, yet 
  6.34  recognize existing political and administrative boundaries and 
  6.35  planning processes; 
  6.36     (2) a statement of principles and goals for landscape-based 
  7.1   forest resource planning; and 
  7.2      (3) the identification of a general process by which 
  7.3   landscape-based forest resource planning can occur.  Such a 
  7.4   process shall give considerable latitude to design planning 
  7.5   processes that fit the unique needs and resources of each 
  7.6   landscape; reflect a balanced consideration of the economic, 
  7.7   social, and environmental conditions and needs of each 
  7.8   landscape; and interface and establish formats that are 
  7.9   compatible with other landscape-based forest resource plans. 
  7.10     Subd. 2.  [REGIONAL FOREST RESOURCE COMMITTEES.] To foster 
  7.11  landscape-based forest resource planning, the council shall 
  7.12  establish regional forest resource committees.  These regional 
  7.13  committees shall: 
  7.14     (1) include representative interests in a particular region 
  7.15  that are committed to and involved in landscape planning and 
  7.16  coordination activities; 
  7.17     (2) serve as a forum for landowners, managers, and 
  7.18  representative interests to discuss landscape forest resource 
  7.19  issues; 
  7.20     (3) identify and implement an open and public process 
  7.21  whereby landscape-based strategic planning of forest resources 
  7.22  can occur; 
  7.23     (4) identify sustainable forest resource goals for the 
  7.24  landscape and strategies to achieve those goals; and 
  7.25     (5) provide a regional perspective to the council with 
  7.26  respect to council activities. 
  7.27     Subd. 3.  [REGIONAL COMMITTEE OFFICERS AND STAFF.] The 
  7.28  council chair shall appoint a chair of each regional committee.  
  7.29  The council shall ensure regional committees have sufficient 
  7.30  staff resources to carry out their mission as defined in this 
  7.31  section. 
  7.32     Subd. 4.  [REPORT.] Each regional committee shall report to 
  7.33  the council its work activities and accomplishments. 
  7.34     Sec. 6.  [89A.06] [MONITORING.] 
  7.35     Subdivision 1.  [FOREST RESOURCE MONITORING.] The 
  7.36  commissioner shall establish a program for monitoring broad 
  8.1   trends and conditions in the state's forest resources at 
  8.2   statewide, landscape, and site levels.  The council shall 
  8.3   provide oversight and program direction for the development and 
  8.4   implementation of the monitoring program.  To the extent 
  8.5   possible, the monitoring program must incorporate data generated 
  8.6   by existing resource monitoring programs.  The commissioner 
  8.7   shall report to the council information on current conditions 
  8.8   and recent trends in the state's forest resources. 
  8.9      Subd. 2.  [PRACTICES AND COMPLIANCE MONITORING.] The 
  8.10  commissioner shall establish a program for monitoring 
  8.11  silvicultural practices and application of the timber harvesting 
  8.12  and forest management guidelines at statewide, landscape, and 
  8.13  site levels.  The council shall provide oversight and program 
  8.14  direction for the development and implementation of the 
  8.15  monitoring program.  The commissioner shall report to the 
  8.16  council on the nature and extent of silvicultural practices 
  8.17  used, and compliance with the timber harvesting and forest 
  8.18  management guidelines. 
  8.19     Subd. 3.  [EFFECTIVENESS MONITORING.] The commissioner, in 
  8.20  cooperation with other research and land management 
  8.21  organizations, shall evaluate the effectiveness of practices 
  8.22  designed to mitigate impacts of timber harvesting and forest 
  8.23  management activities on the state's forest resources.  The 
  8.24  council shall provide oversight and program direction for the 
  8.25  development and implementation of this monitoring program. 
  8.26     Subd. 4.  [OTHER STUDIES AND PROGRAMS.] The council shall 
  8.27  monitor the implementation of other programs, formal studies, 
  8.28  and initiatives affecting the state's forest resources. 
  8.29     Subd. 5.  [CITIZEN CONCERNS.] The council shall facilitate 
  8.30  the establishment of a process to accept comments from the 
  8.31  public on negligent timber harvesting or forest management 
  8.32  practices.  Comments must also be directed to the organization 
  8.33  administering the certification program. 
  8.34     Sec. 7.  [89A.07] [RESEARCH ADVISORY COMMITTEE.] 
  8.35     Subdivision 1.  [ESTABLISHMENT.] The council shall appoint 
  8.36  a forest resources research advisory committee.  The committee 
  9.1   must consist of representatives of: 
  9.2      (1) the college of natural resources, University of 
  9.3   Minnesota; 
  9.4      (2) the natural resources research institute, University of 
  9.5   Minnesota; 
  9.6      (3) the department; 
  9.7      (4) the north central forest experiment station, United 
  9.8   States Forest Service; and 
  9.9      (5) other organizations as deemed appropriate by the 
  9.10  council. 
  9.11     Subd. 2.  [PURPOSE.] The purpose of the advisory committee 
  9.12  is to foster the identification and undertaking of priority 
  9.13  forest resources research activities by encouraging: 
  9.14     (1) collaboration between organizations with 
  9.15  responsibilities for conducting forest resources research; 
  9.16     (2) linkages between researchers in different disciplines 
  9.17  in conducting forest resources research; and 
  9.18     (3) interaction and communication between researchers and 
  9.19  practitioners in the development and use of forest resources 
  9.20  research. 
  9.21     Subd. 3.  [RESEARCH ASSESSMENT.] The advisory committee 
  9.22  shall periodically undertake an assessment of strategic 
  9.23  directions in forest resources research.  The assessment must be 
  9.24  based on input provided by administrators, researchers, 
  9.25  practitioners, and the general public, and include: 
  9.26     (1) an assessment of the current status of forestry 
  9.27  resources research in the state; 
  9.28     (2) an identification of important forest resource issues 
  9.29  in need of research; 
  9.30     (3) an identification of priority forest research 
  9.31  activities, the results of which will enable a better 
  9.32  understanding of site-level and landscape-level impacts 
  9.33  resulting from timber harvesting and forest management 
  9.34  activities; and 
  9.35     (4) an assessment of the progress toward addressing the 
  9.36  priority forest resources research needs identified. 
 10.1      The forest resources research assessment must be made 
 10.2   widely available to the research community, forest managers and 
 10.3   users, and the public. 
 10.4      Subd. 4.  [RESEARCH DELIVERY.] Based on the priority forest 
 10.5   resources research activities identified under subdivision 3, 
 10.6   the advisory committee shall promote these research activities 
 10.7   and the dissemination of findings to the research community, 
 10.8   forest managers and users, and the public. 
 10.9      Subd. 5.  [RESEARCH AND PRACTITIONER LINKAGES.] The 
 10.10  advisory committee shall periodically facilitate forums designed 
 10.11  to increase communications between the individuals and 
 10.12  organizations conducting forest resources research and the users 
 10.13  of the research. 
 10.14     Subd. 6.  [REPORT.] The advisory committee shall report to 
 10.15  the council its accomplishments in fulfilling the 
 10.16  responsibilities identified in this section. 
 10.17     Sec. 8.  [89A.08] [CONTINUING EDUCATION; CERTIFICATION.] 
 10.18     It is the policy of the state to encourage timber 
 10.19  harvesters and forest resource professionals to establish 
 10.20  voluntary certification and continuing education programs within 
 10.21  their respective professions.  The council shall, where 
 10.22  appropriate, facilitate the development of these programs. 
 10.23     Sec. 9.  [DATES FOR INITIAL APPOINTMENTS AND REPORT.] 
 10.24     The governor shall make the initial appointments to the 
 10.25  council established by section 3 by October 1, 1995.  The 
 10.26  initial report required by section 3, subdivision 6, is due 
 10.27  January 1, 1997.