as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to forests; modifying and expanding 1.3 responsibilities of the department of natural 1.4 resources with respect to management of forest 1.5 resources; amending Minnesota Statutes 1994, sections 1.6 89.001, subdivisions 8, 9, 10, and by adding 1.7 subdivisions; 89.01, subdivision 1; 89.011, 1.8 subdivisions 1, 2, and 3; and 90.041, by adding a 1.9 subdivision; proposing coding for new law in Minnesota 1.10 Statutes, chapter 89. 1.11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.12 Section 1. Minnesota Statutes 1994, section 89.001, 1.13 subdivision 8, is amended to read: 1.14 Subd. 8. "Forest resources" means those natural assets of 1.15 forest lands, including timber and other forest crops
,; 1.16 biological diversity; recreation ,; fish and wildlife habitat ,; 1.17 wilderness ,; rare and distinctive flora and, fauna, and 1.18 natural communities; air ,; water ,; soil ,; and educational, 1.19 aesthetic, and historic values. 1.20 Sec. 2. Minnesota Statutes 1994, section 89.001, is 1.21 amended by adding a subdivision to read: 1.22 Subd. 8a. "Biological diversity" means the variety and 1.23 abundance of species, their genetic composition, and the 1.24 communities, ecosystems, and landscapes in which they occur; it 1.25 includes ecological structures, functions, and processes that 1.26 occur at a variety of spatial scales. 1.27 Sec. 3. Minnesota Statutes 1994, section 89.001, 1.28 subdivision 9, is amended to read: 2.1 Subd. 9. "Multiple use" means the principle of an 2.2 ecosystem-based method of forest management by which forest 2.3 resources are utilized in the combinations that will best meet 2.4 the needs of the people of the state; including the harmonious 2.5 and coordinated management of the forest resources, each with 2.6 the other, without impairment of the productivity of the land or 2.7 biological diversity and with consideration of the relative 2.8 values of the resources, and not necessarily the combination of 2.9 uses resulting in the greatest economic return or unit output. 2.10 Sec. 4. Minnesota Statutes 1994, section 89.001, 2.11 subdivision 10, is amended to read: 2.12 Subd. 10. "Sustained yield" means the principle of forest 2.13 management for the achievement and maintenance in perpetuity of 2.14 a high-levelannual or regular periodic output of selected 2.15 forest resources without impairment of the productivity of the 2.16 land or other forest resources; allowing for periods of 2.17 intensification of management to enhance the current or 2.18 anticipated output of one or more of the resources. 2.19 Sec. 5. Minnesota Statutes 1994, section 89.001, is 2.20 amended by adding a subdivision to read: 2.21 Subd. 15. "Community" means populations of different 2.22 species inhabiting the same area or habitat, bound together by 2.23 their biological interrelationships. 2.24 Sec. 6. Minnesota Statutes 1994, section 89.001, is 2.25 amended by adding a subdivision to read: 2.26 Subd. 16. "Ecoregion" means a land unit at the province, 2.27 section, and subsection scale that is a component of the 2.28 ecological classification system identified in "The Upper Levels 2.29 of an Ecological Classification System for Minnesota" (Minnesota 2.30 Department of Natural Resources, 1994) and the "National 2.31 Hierarchical Framework" (USDA Forest Service, 1993). 2.32 Sec. 7. Minnesota Statutes 1994, section 89.001, is 2.33 amended by adding a subdivision to read: 2.34 Subd. 17. "Ecosystem" means all the interconnected 2.35 populations of plants, animals, and microorganisms occupying an 2.36 area and interacting with their physical and chemical 3.1 environment. 3.2 Sec. 8. Minnesota Statutes 1994, section 89.001, is 3.3 amended by adding a subdivision to read: 3.4 Subd. 18. "Landscape" means the dynamic, interacting, and 3.5 interconnected patterns of ecosystems and landforms affected by 3.6 climate and human activity. 3.7 Sec. 9. [89.0011] [FOREST RESOURCE MANAGEMENT POLICY.] 3.8 It shall be the policy of the state to: 3.9 (1) encourage application of the principles of multiple use 3.10 and sustained yield in the management of the forest resources of 3.11 Minnesota; 3.12 (2) encourage the cooperation and collaboration between 3.13 public and private interests in the management of the forest 3.14 resources of Minnesota; 3.15 (3) encourage the integration of various scientific 3.16 disciplines in the management of the forest resources of 3.17 Minnesota; 3.18 (4) recognize and consider forest resources issues, 3.19 concerns, and impacts at both site and landscape levels; and 3.20 (5) establish processes and mechanisms that provide 3.21 opportunities for effective, broad-based public involvement in 3.22 the development and implementation of forest resources 3.23 management policies, plans, and programs. 3.24 Sec. 10. Minnesota Statutes 1994, section 89.01, 3.25 subdivision 1, is amended to read: 3.26 Subdivision 1. The commissioner shall ascertain and 3.27 observe the best methods of reforesting cutover and denuded 3.28 lands, foresting waste and prairie lands,preventing destruction 3.29 of forests and lands by fire, administering forests on forestry 3.30 principles stated in section 89.0011, encouraging private owners 3.31 to preserve andgrow timber for commercial purposes, managing 3.32 forest resources according to the principles of multiple use and 3.33 sustained yield, and conserving the forests around the head 3.34 waters of streams and on the watersheds of the state. The 3.35 commissioner shall not plant or encourage or assist in the 3.36 planting of trees or other nonprairie species on native prairie 4.1 as defined in section 84.96, subdivision 2. 4.2 Sec. 11. Minnesota Statutes 1994, section 89.011, 4.3 subdivision 1, is amended to read: 4.4 Subdivision 1. [PREPARATION.] By July 1, 1983, the 4.5 commissioner shall prepare a comprehensive forest resource 4.6 management plan designed to implement the policies stated in 4.7 sectionsections 89.0011 and 89.002. The plan shall include an 4.8 assessment and program elements as provided in subdivisions 2 4.9 and 3 and any other issues which the commissioner determines 4.10 should be included in the plan. Subsequent updates of the 4.11 assessment shall include an analysis of the change in forest 4.12 condition, including forest composition by productivity class, 4.13 forest type, tree species and age, harvest practices, 4.14 regeneration and growth, all compiled by ecoregion and ownership. 4.15 Sec. 12. Minnesota Statutes 1994, section 89.011, 4.16 subdivision 2, is amended to read: 4.17 Subd. 2. [FOREST ASSESSMENT.] The assessment shall be 4.18 updated at least once every ten years and shall include but not 4.19 be limited to the following: 4.20 (a) The present and projected use and supply of and demand 4.21 for forest resources from all forested lands located in the 4.22 state, reported by ecoregion, productivity class, major forest 4.23 type, and tree species; 4.24 (b) The development of a forest resources database, 4.25 compatible with the database of the Minnesota land management 4.26 information center, capable of continuous updating and usable as 4.27 a tool in effectively managing forest resources, utilizing 4.28 existing databases as much as practicable; 4.29 (c) The forest resources database shall encompass 4.30 biological, physical, and economic information, including forest 4.31 composition by productivity class, species, forest type and age, 4.32 and regeneration and growth data compiled by land ownership and 4.33 ecoregions; an assessment of species, natural communities, and 4.34 ecosystems that depend on forested landscapes shall be prepared 4.35 in cooperation with the county biological survey; 4.36 (d) The current and anticipated reforestation needs for 5.1 forest land, including the amount of backlog areas, current and5.2 anticipated allowable harvests,identifying poorly stocked 5.3 forest land, anddelineating those areas needing reforestation 5.4 which are prime forest lands or otherwise likely to produce 5.5 optimum public benefits from reforestation, identifying those 5.6 tree species, by ecoregion and area, that have declined because 5.7 of lack of natural or artificial regeneration or other causes 5.8 and delineating those areas or species in need of restoration; 5.9 (e) Current and anticipated allowable harvests for the next 5.10 ten-year interval reported by ecoregion, forest type, and tree 5.11 species, for forest lands under authority of the commissioner, 5.12 using a published methodology to determine the amount of 5.13 harvest; 5.14 (f) Recommended guidelines for allowable harvest for all 5.15 forest lands in the state, determined by ecoregion, forest type, 5.16 and tree species; and 5.17 (d)(g) An inventory and map of all existing state forest 5.18 roads and classification by use, standard and condition. 5.19 Sec. 13. Minnesota Statutes 1994, section 89.011, 5.20 subdivision 3, is amended to read: 5.21 Subd. 3. [PROGRAM ELEMENTS.] The program shall be updated 5.22 every four years and shall describe specific actions to address 5.23 the assessment and to implement the forest resources management 5.24 policy of sectionsections 89.0011 and 89.002, including but not 5.25 limited to: 5.26 (a) Improvement of silvicultural practices and improved 5.27 methods for harvesting and utilizing timber and timber residues; 5.28 (b) Measures to improve reforestation practices; 5.29 (c) Measures to enhance recreational opportunities and fish5.30 and wildlife habitat; 5.31 (d) The identification of "prime forest land" according to 5.32 criteria developed by the commissioner that identify different 5.33 productivity classes; 5.34 (e) Priorities for construction and improvement of forest 5.35 roads to achieve the state forest road policy, including the 5.36 development of alternative methods for financing forest road 6.1 construction, improvement and maintenance, and for imposing a 6.2 reasonable share of the costs of the forest road system on those 6.3 who directly benefit from the availability and use of the 6.4 system, and an analysis of the minimum environmental impact and 6.5 least cost road and bridge construction standards to meet the 6.6 transportation objectives in the forest road policy; 6.7 (f) A description of how the multiple use and sustained 6.8 yield management policy will apply to decisions about other 6.9 public and private uses of forest lands and resources, including: 6.10 (1) extractive uses; 6.11 (2) utility corridors; 6.12 (3) industrial, commercial, agricultural and institutional 6.13 uses; and 6.14 (4) residential and seasonal use; and6.15 (g) An estimate of the expenditures necessary to implement 6.16 the elements of the program, along with the sources and amounts 6.17 of revenue available or necessary to finance the estimated 6.18 expenditures; and 6.19 (h) Measures needed to provide wildlife habitat sufficient 6.20 to support in perpetuity populations of all native species that 6.21 are dependent on forests throughout their natural range in 6.22 Minnesota. 6.23 Sec. 14. Minnesota Statutes 1994, section 90.041, is 6.24 amended by adding a subdivision to read: 6.25 Subd. 7. Planned harvest lists for each year, or other 6.26 harvest scheduling plans, must be mapped and made available for 6.27 public review and comment. Notice of these harvest plans must 6.28 be published in the local newspaper, in the EQB monitor, and 6.29 provided to interested parties upon their request. Harvest 6.30 plans must be made available for a 60-day comment period before 6.31 being adopted. 6.32 The commissioner shall establish a process whereby 6.33 individuals witnessing what they believe to be careless timber 6.34 harvesting or forest management practices on forest lands under 6.35 authority of the commissioner shall be able to file a complaint 6.36 regarding such practices. The commissioner shall also develop a 7.1 process for investigating and responding to the complaints.