SF 2651

3rd 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 alternative recording
of state forest roads; providing for certain wetland banking credits; modifying
appropriations; providing for relocation of certain forestry office; providing for
expedited exchanges of public land; appropriating money; amending Minnesota
Statutes 2006, section 89.715; Laws 2007, chapter 57, article 1, section 4,
subdivision 4; proposing coding for new law in Minnesota Statutes, chapters
84; 94; 103G.

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:
new text end

new text begin (1) "forest land" has the meaning given under section 89.001, subdivision 4;
new text end

new text begin (2) "forest resources" has the meaning given under section 89.001, subdivision 8;
new text end

new text begin (3) "guidelines" has the meaning given under section 89A.01, subdivision 8;
new text end

new text begin (4) "riparian land" has the meaning given under section 103F.511, subdivision 8a;
and
new text end

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.
new text end

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:
new text end

new text begin (1) producing timber and other forest products;
new text end

new text begin (2) maintaining forest landscapes;
new text end

new text begin (3) providing public recreation; and
new text end

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:
new text end

new text begin (1) is:
new text end

new text begin (i) forest land;
new text end

new text begin (ii) desirable land adjacent to forest land, as determined by the commissioner; or
new text end

new text begin (iii) beneficial to forest resource protection;
new text end

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
new text end

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
new text end

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.

Minnesota Statutes 2006, section 89.715, is amended to read:

89.715 ALTERNATIVE RECORDING FOR STATE FOREST ROAD.

Subdivision 1.

Authorization.

The commissioner may adopt a deleted text begin recorded state deleted text end forest
road map under this section to record the department's state forest road prescriptive
easements. For purposes of this section, " deleted text begin recorded deleted text end state forest road map" means the
official map of state forest roads new text begin adopted by the commissioner new text end .

Subd. 2.

Map requirements.

The deleted text begin recorded deleted text end state forest road map must:

(1) show state forest roads at the time the map is adopted;

(2) be prepared at a scale deleted text begin of at least four inches equals one mile deleted text end new text begin compliant with
standards of the county recorder where the state forest roads are located new text end ;

(3) include section numbers;

(4) include a north point arrow;

(5) include the name of the county and state;

(6) include a blank and a description under the blank for the date of public hearing
and date of adoption;

(7) include blanks for signatures and dates of signatures for the commissioner; and

(8) include a list of legal descriptions of all parcels crossed by state forest road
prescriptive easements.

Subd. 3.

Procedure to adopt map.

(a) The commissioner must prepare an official
map for each county or smaller geographic area as determined by the commissioner as
provided in subdivision 2, and set a time, place, and date for a public hearing on adopting
a deleted text begin recorded state deleted text end forest road map to record roads.

(b) The hearing notice must state that the roads to be recorded will be to the width of
the actual use including ditches, backslopes, fills, and maintained rights-of-way, unless
otherwise specified in a prior easement of record. The hearing notice must be published
once a week for two successive weeks in a qualified newspaper of general circulation that
serves the county or smaller geographic areas as determined by the commissioner, the last
publication to be made at least ten days before the date of the public hearing. At least 30
days before the hearing, the hearing notice must be sent by certified mail to the property
owners directly affected in the county or smaller geographic areas as determined by the
commissioner at the addresses listed on the tax assessment notices at least seven days
before appearing in the qualified newspaper. The hearing notice may be sent with the tax
assessment, but all additional costs incurred shall be billed to the department.

(c) After the public hearing is held, the commissioner may amend and adopt the
deleted text begin recorded state deleted text end forest road map. The deleted text begin recorded deleted text end state forest road map must be dated and
signed by the commissioner and must be deleted text begin recorded deleted text end new text begin filed for recording new text end with the county
recorder within 90 days after the map is adopted. new text begin The map is effective when filed with
the county recorder.
new text end

(d) The deleted text begin recorded deleted text end state forest road map that is recorded with the county recorder must
comply with the standards of the county recorder where the state forest roads are located.

(e) A deleted text begin recorded deleted text end state forest road map that was prepared by using aerial photographs
to establish road centerlines and that has been duly recorded with the county recorder is an
adequate description for purposes of recording road easements and the map is the legally
constituted description and prevails when a deed for a parcel abutting a road contains
no reference to a road easement. Nothing prevents the commissioner from accepting a
more definitive metes and bounds or survey description of a road easement for a road of
record if the description of the easement is referenced to equal distance on both sides
of the existing road centerline.

(f) The commissioner shall consult with representatives of county land
commissioners, county auditors, county recorders, and Torrens examiners in implementing
this subdivision.

Subd. 4.

Appeal.

(a) deleted text begin Before filing an appeal under paragraph (b), a person may
seek resolution of concerns regarding a decision to record a road under this section by
contacting the commissioner in writing.
deleted text end

deleted text begin (b) A person may appeal a decision to record or exclude recording a road under this
section to the district court within 120 days after the date the commissioner adopts the
state forest road map. deleted text end new text begin Appeals may be filed only by property owners who are directly
affected by a proposed map designation and only for those portions of the map designation
that directly affect them.
new text end

new text begin (b) A property owner may appeal the map designation to the commissioner within 60
days of the map being recorded by filing a written request for review. The commissioner
shall review the request and any supporting evidence and render a decision within 45
days of receipt of the request for review.
new text end

new text begin (c) If a property owner wishes to appeal a decision of the commissioner after review
under paragraph (b), the property owner must file an appeal with the district court within
60 days of the commissioner's decision.
new text end

new text begin (d) If any portion of a map appealed under paragraph (b) is modified or found to be
invalid by a court of competent jurisdiction under paragraph (c), the remainder of the map
shall not be affected and its recording with the county recorder shall stand.
new text end

Subd. 5.

Unrecorded road or trail not affected.

This section does not affect or
diminish the legal status or state obligations of roads and trails not shown on the deleted text begin recorded deleted text end
state forest road map.

Subd. 6.

Exemption.

Adoption of a deleted text begin recorded deleted text end state forest road map under this
section is exempt from the rulemaking requirements of chapter 14 and section 14.386
does not apply.

Sec. 4.

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:
new text end

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:
new text end

new text begin (i) school trust land as defined in section 92.025; and
new text end

new text begin (ii) university land granted to the state by acts of Congress;
new text end

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
new text end

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.
new text end

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:
new text end

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. 5.

new text begin [103G.2251] STATE CONSERVATION EASEMENTS; WETLAND
BANK CREDIT.
new text end

new text begin In greater than 80 percent areas, preservation of wetlands subsequently protected by
a conservation easement as defined under section 84C.01, and held by the board, may be
eligible for wetland banking credits, according to rules adopted by the board.
new text end

Sec. 6.

Laws 2007, chapter 57, article 1, section 4, subdivision 4, is amended to read:

Subd. 4. Forest Management

deleted text begin 44,495,000 deleted text end new text begin 42,679,000 new text end

deleted text begin 43,393,000 deleted text end new text begin 38,245,000 new text end

Appropriations by Fund
General	24,755,000	24,836,000
Natural Resources	deleted text begin 19,483,000 deleted text end new text begin 17,667,000 new text end	deleted text begin 18,293,000 deleted text end new text begin 13,145,000 new text end
Game and Fish	257,000	264,000

$7,217,000 the first year and $7,217,000
the second year are for prevention,
presuppression, and suppression costs of
emergency firefighting and other costs
incurred under Minnesota Statutes, section
88.12. If the appropriation for either
year is insufficient to cover all costs of
presuppression and suppression, the amount
necessary to pay for these costs during the
biennium is appropriated from the general
fund.

By November 15 of each year, the
commissioner of natural resources shall
submit a report to the chairs of the house
and senate committees and divisions having
jurisdiction over environment and natural
resources finance, identifying all firefighting
costs incurred and reimbursements received
in the prior fiscal year. These appropriations
may not be transferred. Any reimbursement
of firefighting expenditures made to the
commissioner from any source other than
federal mobilizations shall be deposited into
the general fund.

deleted text begin $17,983,000 deleted text end new text begin $16,167,000 new text end the first year and
deleted text begin $18,293,000 deleted text end new text begin $13,145,000 new text end the second year
are from the forest management investment
account in the natural resources fund for only
the purposes specified in Minnesota Statutes,
section 89.039, subdivision 2.

Of this amount:

(1) new text begin $500,000 the first year and new text end $750,000
deleted text begin each deleted text end new text begin the second new text end year is for additional staff to
enhance timber sales;

(2) $1,000,000 deleted text begin each deleted text end new text begin the first new text end year is for forest
improvements;

(3) $1,100,000 deleted text begin each deleted text end new text begin the first new text end year is for forest
road maintenance;

(4) deleted text begin $600,000 deleted text end new text begin $300,000 new text end each year is for the
ecological classification system on state
forest lands;

(5) deleted text begin $350,000 each deleted text end new text begin $100,000 the first year
and $150,000 the second new text end year is for the
prevention of invasive species on state forest
lands; and

(6) deleted text begin $400,000 each deleted text end new text begin $300,000 the first new text end year is
for the re-inventory of state forest lands.

Money for forest road maintenance is
onetime.

$780,000 the first year and $780,000 the
second year are for the Forest Resources
Council for implementation of the
Sustainable Forest Resources Act.

$40,000 the first year is for the Forest
Resources Council to provide a grant to
the University of Minnesota to prepare a
statewide plan to address the fragmentation
and parcelization of large blocks of forest
land in the state.

$200,000 in fiscal year 2008 is for a grant
to the Forest Resources Research Advisory
Committee to provide direction on research
topics recommended by the governor's task
force on the competitiveness of Minnesota's
primary forest products industry.

$350,000 the first year and $350,000 the
second year are for the FORIST timber
management information system, other
information systems, and for increased
forestry management. The amount in the
second year is also available in the first year.

$257,000 the first year and $264,000 the
second year are from the game and fish
fund to implement ecological classification
systems (ECS) standards on forested
landscapes. This appropriation is from
revenue deposited in the game and fish fund
under Minnesota Statutes, section 297A.94,
paragraph (e), clause (1).

$110,000 the first year is to develop and
implement a statewide information and
education campaign regarding the statewide
ban on the transport, storage, or use of
nonapproved firewood on state-administered
lands.

deleted text begin $1,500,000 deleted text end new text begin $885,000 new text end the first year is from
the forest management investment account in
the natural resources fund for the purposes of
section 158. This is a onetime appropriation.

$75,000 the first year is to the Forest
Resources Council for a task force on
forest protection and $75,000 the second
year is appropriated to the commissioner
for grants to cities, counties, townships,
special recreation areas, and park and
recreation boards in cities of the first class
for the identification, removal, disposal, and
replacement of dead or dying shade trees
lost to forest pests or disease. For purposes
of this section, "shade tree" means a woody
perennial grown primarily for aesthetic or
environmental purposes with minimal to
residual timber value. The commissioner
shall consult with municipalities; park and
recreation boards in cities of the first class;
nonprofit organizations; and other interested
parties in developing eligibility criteria. *
(The preceding text beginning "$75,000 the
first year" was indicated as vetoed by the
governor.)

$200,000 in fiscal year 2008 is for a grant
to the Natural Resources Research Institute
for silvicultural research to improve the
quality and quantity of timber fiber. The
appropriation must be matched in the amount
of $200,000 in cash or in-kind contributions
from the forest products industry members of
the Minnesota Forest Productivity Research
Cooperative.

$1,000,000 the first year and $1,000,000
the second year are to support additional
deleted text begin technical and cost-share assistance to
nonindustrial private forest (NIPF)
landowners deleted text end new text begin forest management activities new text end .
The base appropriation in fiscal year 2010
and later is $500,000.

$200,000 the first year and $200,000 the
second year are to deleted text begin address escalating
land asset management demands, such as
boundary disputes, access easements, and
sale, exchange, and acquisition of forest
lands deleted text end new text begin support additional forest management
activities new text end .

Sec. 7. new text begin CLOQUET AREA FORESTRY OFFICE.
new text end

new text begin If the commissioner of natural resources relocates or closes the northeast regional
forestry office that is currently located in the city of Cloquet, the commissioner shall
relocate the office to a location within a ten-mile radius of the city of Cloquet.
new text end