SF 2546

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; providing for the 
  1.3             recovery of sunken logs on inland waters; proposing 
  1.4             coding for new law in Minnesota Statutes, chapter 103G.
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [103G.650] [RECOVERING SUNKEN LOGS ON INLAND 
  1.7   WATERS.] 
  1.8      Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
  1.9   section, the terms in paragraphs (b) to (d) have the meanings 
  1.10  given them. 
  1.11     (b) "Log" means a portion of the trunk of a felled tree 
  1.12  that has not been further processed for any end use, including 
  1.13  any portion of a trunk of a tree previously used in 
  1.14  substantially its natural state as part of a dock but that is no 
  1.15  longer part of a dock or any discernible structure or is part of 
  1.16  the debris field of a dock. 
  1.17     (c) "Residence" means the place where an individual's 
  1.18  habitation is fixed, without any present intent to move, and to 
  1.19  which, when absent, the individual intends to return. 
  1.20     (d) "Resident" means: 
  1.21     (1) an individual who maintains a residence in this state; 
  1.22  or 
  1.23     (2) a corporation, partnership, association, or other legal 
  1.24  entity that maintains an office in the state and in which at 
  1.25  least 50 percent of the ownership interest is held by one or 
  2.1   more individuals who maintain a residence in this state. 
  2.2      Subd. 2.  [TITLE TO SUNKEN LOGS.] Title and ownership of a 
  2.3   log that sinks on inland waters of the state and that rests on 
  2.4   submerged land owned by the state vests in the state one year 
  2.5   after the log sinks. 
  2.6      Subd. 3.  [APPLICATION TO REMOVE SUNKEN LOGS.] A person who 
  2.7   wishes to raise and remove logs that are resting on submerged 
  2.8   lands owned by the state and that are located in inland waters 
  2.9   shall make application to the commissioner for a permit.  The 
  2.10  applicant shall include with the application a performance bond 
  2.11  in the amount of at least $10,000 and evidence of a general 
  2.12  liability insurance policy in force for the permitted project, 
  2.13  with limits of at least $100,000 per occurrence and $300,000 
  2.14  aggregate.  The applicant shall: 
  2.15     (1) identify the lake where the sunken logs will be raised; 
  2.16     (2) specify the time period during which the sunken logs 
  2.17  will be raised; 
  2.18     (3) specify the methods to be used in raising the sunken 
  2.19  logs, including any techniques with the potential to disturb 
  2.20  lake bed material; 
  2.21     (4) certify that the applicant is a resident of the state; 
  2.22     (5) include any additional information required by the 
  2.23  commissioner; and 
  2.24     (6) submit a $500 application fee. 
  2.25     Subd. 4.  [REVIEW BY MINNESOTA HISTORICAL SOCIETY.] Upon 
  2.26  receipt of an application under subdivision 3, the commissioner 
  2.27  shall immediately transmit copies of the application to the 
  2.28  Minnesota historical society for review.  The historical society 
  2.29  shall, within 20 days after receipt of the application, notify 
  2.30  the commissioner whether the proposed project requires a license 
  2.31  under section 138.36. 
  2.32     Subd. 5.  [PERMIT CONSIDERATIONS; CONDITIONS.] (a) The 
  2.33  commissioner may issue a permit to raise and remove logs resting 
  2.34  on submerged lands owned by the state only when: 
  2.35     (1) the logs rest on submerged lands in inland lakes of the 
  2.36  state; and 
  3.1      (2) the logs are submerged at a depth of at least 30 feet. 
  3.2      (b) In determining whether to grant a permit, the 
  3.3   commissioner shall consider: 
  3.4      (1) notification from the historical society under 
  3.5   subdivision 4; 
  3.6      (2) whether the project requires a permit under section 
  3.7   103G.245; 
  3.8      (3) whether the proposed project may affect public rights 
  3.9   in navigable waters; and 
  3.10     (4) whether the proposed project is subject to any 
  3.11  requirements arising under federal law. 
  3.12     (c) The commissioner may attach conditions to the permit to 
  3.13  protect the public rights in navigable water, ensure compliance 
  3.14  with federal requirements, and protect aquatic habitats. 
  3.15     Subd. 6.  [RESERVATION OF VALUE; DISPOSITION OF PROCEEDS.] 
  3.16  The commissioner shall reserve to the state 30 percent of the 
  3.17  stumpage value, as determined by a state appraiser under chapter 
  3.18  90, of any log raised pursuant to a permit issued under this 
  3.19  section.  Money acquired under this subdivision shall be 
  3.20  deposited in the game and fish fund. 
  3.21     Subd. 7.  [PERMIT ISSUANCE; TERMS.] (a) Within 30 days 
  3.22  after receipt of an application under subdivision 3, the 
  3.23  commissioner shall either approve, modify and approve, or deny 
  3.24  the application. 
  3.25     (b) A permit issued under this section is effective for 
  3.26  five years and is not transferable. 
  3.27     (c) The permit shall specify: 
  3.28     (1) the lake where sunken logs may be raised pursuant to 
  3.29  the permit.  No lake may be covered by more than one permit 
  3.30  under this section; 
  3.31     (2) that the permit holder shall obtain all other permits 
  3.32  and licenses that are required by law and shall comply with all 
  3.33  other requirements that are imposed by law for raising and 
  3.34  removing logs resting on submerged lands owned by the state; 
  3.35     (3) the frequency, means, and procedure for accounting for 
  3.36  and determining the appraised market value of any logs raised; 
  4.1      (4) that only certified divers may capture submerged logs; 
  4.2      (5) that the permit holder shall implement procedures to 
  4.3   determine whether a raised log bears an American Indian tribal 
  4.4   mark or brand, to identify the tribal mark or brand, and to 
  4.5   track the value realized from the sale of logs separately for 
  4.6   logs that bear a particular tribal mark or brand; 
  4.7      (6) the procedure and times when the permit holder shall 
  4.8   tender to the commissioner, on behalf of the state, amounts due 
  4.9   the state for its net share of the value of any logs raised.  
  4.10  The amounts due the state for its net share of the value of logs 
  4.11  described under clause (5) shall be separately identified by 
  4.12  tribal mark or brand; and 
  4.13     (7) any requirements and conditions necessary to protect 
  4.14  public rights in navigable waters and to protect aquatic 
  4.15  habitats.