SF 2651

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; creating a Minnesota forests for the future program;
establishing a revolving account; providing for expedited exchanges of public
land; modifying the sustainable forest incentive program; appropriating money;
proposing coding for new law in Minnesota Statutes, chapters 84; 94.

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

Section 1.

new text begin [84.66] MINNESOTA FORESTS FOR THE FUTURE PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin The Minnesota forests for the future program identifies and
protects private, working forest lands for their timber, scenic, recreational, fish and wildlife
habitat, threatened and endangered species, and other cultural and environmental values.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin For the purpose of this section, the following terms have
the meanings given:
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new text begin (1) "forest land" has the meaning given under section 89.001, subdivision 4;
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new text begin (2) "forest resources" has the meaning given under section 89.001, subdivision 8;
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new text begin (3) "guidelines" has the meaning given under section 89A.01, subdivision 8;
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new text begin (4) "riparian land" has the meaning given under section 103F.511, subdivision 8a;
and
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new text begin (5) "working forest land" means land that provides a broad range of goods and
services, including forest products, recreation, fish and wildlife habitat, clean air and
water, and carbon sequestration.
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new text begin Subd. 3. new text end

new text begin Establishment. new text end

new text begin The commissioner of natural resources shall establish and
administer a Minnesota forests for the future program. Land selected for inclusion in the
program shall be evaluated on the land's potential for:
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new text begin (1) producing timber and other forest products;
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new text begin (2) maintaining forest landscapes;
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new text begin (3) providing public recreation; and
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new text begin (4) providing ecological, fish and wildlife habitat, other cultural and environmental
values, and values consistent with working forest lands.
new text end

new text begin Subd. 4. new text end

new text begin Land eligibility. new text end

new text begin Land may be placed in the Minnesota forests for the
future program if it:
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new text begin (1) is:
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new text begin (i) forest land;
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new text begin (ii) desirable land adjacent to forest land, as determined by the commissioner; or
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new text begin (iii) beneficial to forest resource protection;
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new text begin (2) is at least five acres in size, except for a riparian area or an area providing access
to state forest land; and
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new text begin (3) is not set aside, enrolled, or diverted under another federal or state program,
unless enrollment in the Minnesota forests for the future program would provide additional
conservation benefits or a longer enrollment term than under the current federal or state
program.
new text end

new text begin Subd. 5. new text end

new text begin Land interests. new text end

new text begin The commissioner may acquire permanent interests in
lands by fee title, easement acquisition, gift, or donation. An acquired easement shall
require a forestry management plan unless the requirement is waived or modified by
the commissioner. The plan will guide forest management activities consistent with the
purposes and terms of the easement and shall incorporate guidelines and other forest
management practices as determined by the commissioner to provide perpetuation of the
forest. The plan shall be developed in accordance with the guidelines.
new text end

new text begin Subd. 6. new text end

new text begin Application. new text end

new text begin The commissioner shall accept applications from owners of
eligible lands at the time, in the form, and containing the information as the commissioner
may prescribe. If the number of applications exceeds the ability to fund them all, priority
shall be given to those applications covering lands providing the greatest public benefits
for timber productivity, public access, and ecological and wildlife values.
new text end

new text begin Subd. 7. new text end

new text begin Landowner responsibilities. new text end

new text begin The commissioner may enroll eligible land
in the program by signing an easement in recordable form with a landowner in which
the landowner agrees to:
new text end

new text begin (1) convey to the state a permanent easement that is not subject to any prior title,
lien, or encumbrance; and
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new text begin (2) manage the land in a manner consistent with the purposes for which the land was
selected for the program and not convert the land to other uses.
new text end

new text begin Subd. 8. new text end

new text begin Correction of easement boundary lines. new text end

new text begin To correct errors in legal
descriptions for easements that affect the ownership interests in the state and adjacent
landowners, the commissioner may, in the name of the state, convey without consideration,
interests of the state necessary to correct legal descriptions of boundaries. The conveyance
must be by quitclaim deed or release in a form approved by the attorney general.
new text end

new text begin Subd. 9. new text end

new text begin Terminating or changing an easement. new text end

new text begin The commissioner may terminate
an easement, with the consent of the property owner, if the commissioner determines
termination to be in the public interest. The commissioner may modify the terms of an
easement if the commissioner determines that modification will help implement the
Minnesota forests for the future program or facilitate the program's administration.
new text end

new text begin Subd. 10. new text end

new text begin Payments. new text end

new text begin Payments to landowners under the Minnesota forests for
the future program shall be made in accordance with law and Department of Natural
Resources acquisition policies, procedures, and other funding requirements.
new text end

new text begin Subd. 11. new text end

new text begin Monitoring, enforcement, and damages. new text end

new text begin (a) The commissioner shall
establish a long-term program for monitoring and enforcing Minnesota forests for the
future easements.
new text end

new text begin (b) A landowner who violates the terms of an easement under this section or induces,
assists, or allows another to do so is liable to the state for damages due to the loss of
timber, scenic, recreational, fish and wildlife habitat, threatened and endangered species,
and other cultural and environmental values.
new text end

new text begin (c) Upon request of the commissioner, the attorney general may commence an action
for specific performance, injunctive relief, damages, including attorney's fees, and any
other appropriate relief to enforce this section in district court in the county where all or
part of the violation is alleged to have been committed or where the landowner resides or
has a principal place of business.
new text end

new text begin Subd. 12. new text end

new text begin Rulemaking exemption. new text end

new text begin Easements agreed to under this section are not
subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply.
new text end

Sec. 2.

new text begin [84.67] FORESTS FOR THE FUTURE REVOLVING ACCOUNT.
new text end

new text begin A forests for the future revolving account is created in the natural resources fund.
Money in the account is appropriated to the commissioner of natural resources for the
acquisition of forest lands that meet the eligibility criteria in section 84.66, subdivision 4.
The commissioner shall sell the lands acquired under this section, subject to an easement
as provided in section 84.66. Money received from the sale of forest lands acquired under
this section and interest earned on the account shall be deposited into the account. The
commissioner must file a report to the house Ways and Means and the senate Finance
Committees and the environment and natural resources finance committees or divisions of
the senate and house of representatives by October 1 of each year indicating all purchases
of forest land using money from this account and sales of forest land for which revenue is
deposited into this account.
new text end

Sec. 3.

new text begin [94.3495] EXPEDITED EXCHANGES OF LAND INVOLVING THE
STATE AND GOVERNMENTAL SUBDIVISIONS OF THE STATE.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose and scope. new text end

new text begin (a) The purpose of this section is to expedite the
exchange of public land ownership. Consolidation of public land reduces management
costs and aids in the reduction of forest fragmentation.
new text end

new text begin (b) This section applies to exchanges of land between the state and a governmental
subdivision of the state. For land exchanges under this section, sections 94.342 to 94.347
apply only to the extent specified in this section.
new text end

new text begin Subd. 2. new text end

new text begin Classes of land; definitions. new text end

new text begin The classes of public land that may be
involved in an expedited exchange under this section are:
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new text begin (1) Class 1 land, which for the purpose of this section is Class A land as defined in
section 94.342, subdivision 1, except for:
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new text begin (i) school trust land as defined in section 92.025; and
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new text begin (ii) university land granted to the state by acts of Congress;
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new text begin (2) Class 2 land, which for the purpose of this section is Class B land as defined in
section 94.342, subdivision 2; and
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new text begin (3) Class 3 land, which for the purpose of this section is all land owned in fee by
a governmental subdivision of the state.
new text end

new text begin Subd. 3. new text end

new text begin Valuation of land. new text end

new text begin (a) In an exchange of Class 1 land for Class 2 or 3 land,
the value of all the land shall be determined by the commissioner of natural resources. In
an exchange of Class 2 land for Class 3 land, the value of all the land shall be determined
by the county board of the county in which the land lies. To determine the value of the
land, the parties to the exchange may cause the land to be appraised, utilize the valuation
process provided under section 84.0272, subdivision 3, or obtain a market analysis from a
qualified real estate broker. Merchantable timber value must be determined and considered
in finalizing valuation of the lands.
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new text begin (b) All lands exchanged under this section shall be exchanged only for lands of
at least substantially equal value. For the purposes of this subdivision, "substantially
equal value" has the meaning given under section 94.343, subdivision 3, paragraph (b).
No payment is due either party if the lands are of substantially equal value but are not
of the same value.
new text end

new text begin Subd. 4. new text end

new text begin Title. new text end

new text begin Title to the land must be examined to the extent necessary for the
parties to determine that the title is good, with any encumbrances identified. The parties to
the exchange may utilize title insurance to aid in the determination.
new text end

new text begin Subd. 5. new text end

new text begin Approval by Land Exchange Board. new text end

new text begin All expedited land exchanges
under this section, and the terms and conditions of the exchanges, require the unanimous
approval of the Land Exchange Board.
new text end

new text begin Subd. 6. new text end

new text begin Conveyance. new text end

new text begin (a) Conveyance of Class 1 land given in exchange shall be
made by deed executed by the commissioner of natural resources in the name of the
state. Conveyance of Class 2 land given in exchange shall be by a deed executed by the
commissioner of revenue in the name of the state. Conveyance of Class 3 land shall be by
a deed executed by the governing body in the name of the governing authority.
new text end

new text begin (b) If Class 1 land is given in exchange for Class 2 or 3 land, the deed to the Class
2 or 3 land shall first be delivered to the commissioner of natural resources. Following
the recording of the deed, the commissioner of natural resources shall deliver the deed
conveying the Class 1 land.
new text end

new text begin (c) If Class 2 land is given in exchange for Class 3 land, the deed to the Class 3 land
shall first be delivered to the county auditor. Following the recording of the deed, the
commissioner of revenue shall deliver the deed conveying the Class 2 land.
new text end

new text begin (d) All deeds shall be recorded or registered in the county in which the lands lie.
new text end

new text begin Subd. 7. new text end

new text begin Reversionary interest; mineral and water power rights and other
reservations. new text end

new text begin (a) All deeds conveying land given in an expedited land exchange under
this section shall include a reverter that provides that title to the land automatically reverts
to the conveying governmental unit if:
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new text begin (1) the receiving governmental unit sells, exchanges, or otherwise transfers title of
the land within 40 years of the date of the deed conveying ownership; and
new text end

new text begin (2) there is no prior written approval for the transfer from the conveying
governmental unit. The authority for granting approval is the commissioner of natural
resources for former Class 1 land, the county board for former Class 2 land, and the
governing body for former Class 3 land.
new text end

new text begin (b) Class 1 land given in exchange is subject to the reservation provisions of section
94.343, subdivision 4. Class 2 land given in exchange is subject to the reservation
provisions of section 94.344, subdivision 4. County fee land given in exchange is subject
to the reservation provisions of section 373.01, subdivision 1, paragraph (g).
new text end

new text begin Subd. 8. new text end

new text begin Land status. new text end

new text begin Land received in exchange for Class 1 land is subject to the
same trust, if any, and otherwise has the same status as the land given in exchange. Land
received in exchange for Class 2 land is subject to a trust in favor of the governmental
subdivision wherein it lies and all laws relating to tax-forfeited land. Land received in
exchange for Class 3 land has the same status as the land given in exchange.
new text end

Sec. 4. new text begin TRANSFER; FORESTS FOR THE FUTURE REVOLVING ACCOUNT.
new text end

new text begin $....... from the general fund is transferred to the forests for the future revolving
account created in Minnesota Statutes, section 84.67.
new text end

Sec. 5. new text begin APPROPRIATION; FOREST FRAGMENTATION STUDY.
new text end

new text begin $50,000 is appropriated in fiscal year 2009 from the general fund to the Forest
Resources Council to conduct a study of options and make recommendations to the
legislature for addressing the fragmentation and parcelization of large blocks of private
forest land in the state. This is a onetime appropriation.
new text end