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SF 1672

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/17/2023 08:55am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to state government; preclusion on disposing of state-owned historic sites
and places without authorization in law; requiring notices and reports regarding
historic sites and places to the State Historic Preservation Office; amending
Minnesota Statutes 2022, sections 16B.281, subdivisions 3, 6; 138.665, subdivision
2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 16B.281, subdivision 3, is amended to read:


Subd. 3.

Notice to agencies; determination of surplus.

The commissioner of
administration shall send written notice to all state departments, agencies, and the University
of Minnesota describing any lands or tracts that may be declared surplus. new text begin For any property
designated as a historic place under section 138.664 or a historic site under section 138.662,
the commissioner must send written notice to the State Historic Preservation Office describing
any lands or tracts that may be declared surplus.
new text end If a department or agency or the University
of Minnesota desires custody of the lands or tracts, it shall submit a written request to the
commissioner, no later than four calendar weeks after mailing of the notice, setting forth
in detail its reasons for desiring to acquire and its intended use of the land or tract. The
commissioner shall then determine whether any of the lands described should be declared
surplus and offered for sale or otherwise disposed of by transferring custodial control to
other requesting state departments or agencies or to the Board of Regents of the University
of Minnesota for educational purposes, provided however that transfer to the Board of
Regents shall not be determinative of tax exemption or immunity. If the commissioner
determines that any of the lands are no longer needed for state purposes, the commissioner
shall make findings of fact, describe the lands, declare the lands to be surplus state land,
and state the reasons for the sale or disposition of the lands.

Sec. 2.

Minnesota Statutes 2022, section 16B.281, subdivision 6, is amended to read:


Subd. 6.

Maintenance of land before sale.

The state department or agency holding
custodial control shall maintain the state-owned lands until the lands are sold or otherwise
disposed of as provided for in sections 16B.281 to 16B.287.new text begin State-owned land designated
as a historic place under section 138.664 or a historic site under section 138.662, must not
be disposed of without specific authorization in law.
new text end

Sec. 3.

Minnesota Statutes 2022, section 138.665, subdivision 2, is amended to read:


Subd. 2.

Mediation.

The state, state departments, agencies, and political subdivisions,
including the Board of Regents of the University of Minnesota, have a responsibility to
protect the physical features and historic character of properties designated in sections
138.662 and 138.664 or listed on the National Register of Historic Places created by Public
Law 89-665. Before carrying out any undertaking that will affect designated or listed
properties, deleted text begin ordeleted text end funding or licensing an undertaking by other partiesnew text begin , or conveying state-owned
designated or listed property
new text end , the state department or agency shall consult with the State
Historic Preservation Office pursuant to the society's established procedures to determine
appropriate treatments and to seek ways to avoid and mitigate any adverse effects on
designated or listed properties. If the state department or agency and the State Historic
Preservation Office agree in writing on a suitable course of action, the project may proceed.
If the parties cannot agree, any one of the parties may request that the governor appoint and
convene a mediation task force consisting of five members, two appointed by the governor,
the chair of the State Review Board of the State Historic Preservation Office, the
commissioner of administration or the commissioner's designee, and one member who is
not an employee of the Minnesota Historical Society appointed by the director of the society.
The two appointees of the governor and the one of the director of the society shall be qualified
by training or experience in one or more of the following disciplines: (1) history; (2)
archaeology; and (3) architectural history. The mediation task force is not subject to the
conditions of section 15.059. This subdivision does not apply to section 138.662, subdivision
24
, and section 138.664, subdivisions 8 and 111.