SF 1836

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 11/09/2021 01:43pm

A bill for an act
relating to state property; modifying roles of the State Historic Preservation Office;
requiring sale of certain surplus property in city of St. Paul; appropriating and
transferring money; amending Minnesota Statutes 2020, sections 16B.281,
subdivisions 3, 6; 138.38; 138.665, subdivision 2.

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

Section 1.

Minnesota Statutes 2020, 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 2020, 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 2020, section 138.38, is amended to read:

138.38 REPORTS OF STATE ARCHAEOLOGIST.

The state archaeologist shall consult with and keep the Indian Affairs Council deleted text begin and deleted text end new text begin , new text end the
director of the historical society new text begin , and the State Historic Preservation Office new text end informed as to
significant field archaeology, projected or in progress, and as to significant discoveries
made. Annually, and also upon leaving office, the state archaeologist shall file with the
commissioner a full report of the office's activities including a summary of the activities of
licensees, from the date of the last full report of the state archaeologist. Copies of the report
must be sent upon completion to the Minnesota Historical Society deleted text begin and deleted text end new text begin , new text end the Indian Affairs
Council, new text begin and the State Historic Preservation Office, new text end and made available to other interested
parties.

Sec. 4.

Minnesota Statutes 2020, 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 or deleted text end funding or licensing an undertaking by other parties new 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.

Sec. 5. new text begin DESIGNATION AND SALE OF SURPLUS STATE-OWNED REAL
PROPERTY; ST. PAUL.
new text end

new text begin (a) For purposes of this act, "L'Orient Avenue property" means the real property located
at 1415 L'Orient Avenue in the city of St. Paul that was acquired by the state using money
appropriated from the COVID-19 Minnesota fund in accordance with the Legislative
COVID-19 Response Commission, Action Order number 13, signed by the commissioner
of management and budget May 7, 2020.
new text end

new text begin (b) The commissioner of administration must designate the L'Orient Avenue property
as surplus and dispose of the property in accordance with Minnesota Statutes, sections
16B.281 to 16B.287.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6. new text begin APPROPRIATION; TRANSFER.
new text end

new text begin (a) $4,127,000 in fiscal year 2021 is appropriated from the general fund to the
commissioner of administration to reimburse the Federal Emergency Management Agency
for the real property described in section 5. This is a onetime appropriation.
new text end

new text begin (b) $1,377,000 in fiscal year 2021 is transferred from the general fund to the federal
coronavirus relief fund. This is a onetime transfer.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end