SF 1785

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; modifying the terms and payment amounts for
forest land in the Sustainable Forest Incentives Act; appropriating money;
amending Minnesota Statutes 2006, sections 290C.03; 290C.055; 290C.07;
290C.08, subdivision 2; 290C.10; repealing Minnesota Statutes 2006, sections
290C.02, subdivisions 5, 9; 290C.06.

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

Section 1.

Minnesota Statutes 2006, section 290C.03, is amended to read:

290C.03 ELIGIBILITY REQUIREMENTS.

(a) Land may be enrolled in the sustainable forest incentive program under this
chapter if all of the following conditions are met:

(1) the land consists of at least 20 contiguous acres and at least 50 percent of the
land must meet the definition of forest land in section 88.01, subdivision 7, during the
enrollment;

(2) a forest management plan for the land must be prepared by an approved plan
writer and implemented during the period in which the land is enrolled;

(3) timber harvesting and forest management guidelines must be used in conjunction
with any timber harvesting or forest management activities conducted on the land during
the period in which the land is enrolled;

(4) deleted text begin the deleted text end land new text begin enrolled prior to August 1, 2007, new text end must be enrolled for a minimum
of eight years;

new text begin (5) land enrolled on or after August 1, 2007, must be enrolled for fixed ten-year
terms, and land enrolled prior to August 1, 2007, may convert to fixed ten-year terms with
credit given for the number of years enrolled;
new text end

deleted text begin (5) deleted text end new text begin (6) new text end there are no delinquent property taxes on the land; and

deleted text begin (6) deleted text end new text begin (7) new text end claimants enrolling more than 1,920 acres in the sustainable forest incentive
program must allow year-round, nonmotorized access to fish and wildlife resources on
enrolled land except within one-fourth mile of a permanent dwelling or during periods of
high fire hazard as determined by the commissioner of natural resources.

(b) Claimants required to allow access under paragraph (a), clause (6), do not by
that action:

(1) extend any assurance that the land is safe for any purpose;

(2) confer upon the person the legal status of an invitee or licensee to whom a duty
of care is owed; or

(3) assume responsibility for or incur liability for any injury to the person or property
caused by an act or omission of the person.

Sec. 2.

Minnesota Statutes 2006, section 290C.055, is amended to read:

290C.055 LENGTH OF COVENANT.

new text begin (a) For land enrolled prior to August 1, 2007, new text end the covenant remains in effect for a
minimum of eight years. If land is removed from the program before it has been enrolled
for four years, the covenant remains in effect for eight years from the date recorded.

new text begin (b) new text end If land that has been enrolled new text begin under paragraph (a) new text end for four years or more is
removed from the program for any reason, there is a waiting period before the covenant
terminates. The covenant terminates on January 1 of the fifth calendar year that begins
after the date that:

(1) the commissioner receives notification from the claimant that the claimant wishes
to remove the land from the program under section 290C.10; or

(2) the date that the land is removed from the program under section 290C.11.

Notwithstanding the other provisions of this section, the covenant is terminated at the
same time that the land is removed from the program due to acquisition of title or
possession for a public purpose under section 290C.10.

new text begin (c) Covenants for land enrolled in the program on or after August 1, 2007, must be
for fixed ten-year terms. The covenants for land enrolled prior to August 1, 2007, may be
terminated by the landowner after they have been enrolled for ten years.
new text end

Sec. 3.

Minnesota Statutes 2006, section 290C.07, is amended to read:

290C.07 CALCULATION OF INCENTIVE PAYMENT.

An approved claimant under the sustainable forest incentive program is eligible
to receive an annual payment. The payment shall deleted text begin equal the greater of: deleted text end new text begin be $10 per
acre. By January 15, 2008, the commissioner, in consultation with the commissioner of
natural resources and the University of Minnesota Department of Forest Resources, shall
recommend to the legislature a method for adjusting the payment to reflect changes in
land and timber values.
new text end

deleted text begin (1) the difference between the property tax that would be paid on the land using the
previous year's statewide average total township tax rate and the class rate for class 2b
timberland under section deleted text begin 273.13, subdivision 23 deleted text end , paragraph (b), if the land were valued
at (i) the average statewide timberland market value per acre calculated under section
, and (ii) the average statewide timberland current use value per acre calculated
under section deleted text begin 290C.02, subdivision 5 deleted text end ;
deleted text end

deleted text begin (2) two-thirds of the property tax amount determined by using the previous year's
statewide average total township tax rate, the estimated market value per acre as calculated
in section , and the class rate for 2b timberland under section deleted text begin 273.13, subdivision
23 deleted text end , paragraph (b); or
deleted text end

deleted text begin (3) $1.50 per acre for each acre enrolled in the sustainable forest incentive program.
deleted text end

Sec. 4.

Minnesota Statutes 2006, section 290C.08, subdivision 2, is amended to read:

Subd. 2.

Appropriation.

The amount necessary to make the payments under this
section is annually appropriated to the commissioner from the general fund new text begin and $50,000
annually is appropriated to the commissioner of natural resources to promote the program new text end .

Sec. 5.

Minnesota Statutes 2006, section 290C.10, is amended to read:

290C.10 WITHDRAWAL PROCEDURES.

new text begin (a) new text end An approved claimant under the sustainable forest incentive program for
a minimum of four years may notify the commissioner of the intent to terminate new text begin the
new text end enrollment new text begin of land that was enrolled prior to August 1, 2007 new text end . Within 90 days of receipt of
notice to terminate enrollment, the commissioner shall inform the claimant in writing,
acknowledging receipt of this notice and indicating the effective date of termination from
the sustainable forest incentive program. Termination of enrollment in the sustainable
forest incentive program occurs on January 1 of the fifth calendar year that begins after
receipt by the commissioner of the termination notice. After the commissioner issues
an effective date of termination, a claimant wishing to continue the land's enrollment
in the sustainable forest incentive program beyond the termination date must apply for
enrollment as prescribed in section 290C.04. A claimant who withdraws a parcel of land
from this program may not reenroll the parcel for a period of three years. Within 90 days
after the termination date, the commissioner shall execute and acknowledge a document
releasing the land from the covenant required under this chapter. The document must be
mailed to the claimant and is entitled to be recorded. The commissioner may allow early
withdrawal from the Sustainable Forest Incentive Act without penalty when the state of
Minnesota, any local government unit, or any other entity which has the power of eminent
domain acquires title or possession to the land for a public purpose notwithstanding the
provisions of this section. In the case of such acquisition, the commissioner shall execute
and acknowledge a document releasing the land acquired by the state, local government
unit, or other entity from the covenant. All other enrolled land must remain in the program.

new text begin (b) Lands enrolled after August 1, 2007, shall be for fixed ten-year terms. Lands
enrolled prior to August 1, 2007, may convert to fixed ten-year terms with credit given for
the number of years they have been enrolled.
new text end

Sec. 6. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, sections 290C.02, subdivisions 5 and 9; and 290C.06, new text end new text begin are
repealed.
new text end

Sec. 7. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 6 are effective August 1, 2007.
new text end