SF 3228

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; providing for administration of the forest resource
management incentive program; amending Minnesota Statutes 2004, sections
290C.02, subdivisions 7, 8; 290C.04; proposing coding for new law in Minnesota
Statutes, chapter 290C.

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

Section 1.

Minnesota Statutes 2004, section 290C.02, subdivision 7, is amended to read:

Subd. 7.

Forest management plan.

"Forest management plan" means a written
document providing a framework for site-specific healthy, productive, and sustainable
forest resources. A forest management plan must include at least the following: (i)
deleted text begin owner-specific deleted text end forest management goals for the land; (ii) a reliable field inventory of the
individual forest cover types, their age, and density; (iii) a description of the soil type and
quality; (iv) an aerial photo and/or map of the vegetation and other natural features of the
land clearly indicating the boundaries of the land and of the forest land; (v) the proposed
future conditions of the land; (vi) prescriptions to meet proposed future conditions of
the land; (vii) a recommended timetable for implementing the prescribed activities; and
(viii) a legal description of the land encompassing the parcels included in the plan. All
management activities prescribed in a plan must be in accordance with the recommended
timber harvesting and forest management guidelines. The commissioner of natural
resources shall provide a framework for plan content and updating and revising plans.

Sec. 2.

Minnesota Statutes 2004, section 290C.02, subdivision 8, is amended to read:

Subd. 8.

Timber harvesting and forest management guidelines.

"Timber
harvesting and forest management guidelines" means guidelines developed under section
89A.05 and adopted by the Minnesota Forest Resources Council in deleted text begin 1998 deleted text end new text begin effect at the time
the tract, parcel, or piece of land is enrolled in the sustainable forest incentive program new text end .

Sec. 3.

Minnesota Statutes 2004, section 290C.04, is amended to read:

290C.04 APPLICATIONS.

(a) A landowner may apply to enroll forest land for the sustainable forest incentive
program under this chapter. The claimant must complete, sign, and submit an application
to the commissioner by September 30 in order for the land to become eligible beginning
in the next year. The application shall be on a form prescribed by the commissioner and
must include the information the commissioner deems necessary. At a minimum, the
application must show the following information for the land and the claimant: (i) the
claimant's Social Security number or state or federal business tax registration number and
date of birth, (ii) the claimant's address, (iii) the claimant's signature, (iv) the county's
parcel identification numbers for the tax parcels that completely contain the claimant's
forest land that is sought to be enrolled, (v) the number of acres eligible for enrollment
in the program, (vi) the approved plan writer's signature and identification number, and
(vii) proof, in a form specified by the commissioner, that the claimant has executed and
acknowledged in the manner required by law for a deed, and recorded, a covenant that the
land is not and shall not be developed in a manner inconsistent with the requirements and
conditions of this chapter. The covenant shall state in writing that the covenant is binding
on the claimant and the claimant's successor or assignee, and that it runs with the land
for a period of not less than eight years. The commissioner shall specify the form of the
covenant and provide copies upon request. The covenant must include a legal description
that encompasses all the forest land that the claimant wishes to enroll under this section or
the certificate of title number for that land if it is registered land.

(b) In all cases, the commissioner shall notify the claimant within 90 days after
receipt of a completed application that either the land has or has not been approved for
enrollment. A claimant whose application is denied may appeal the denial as provided in
section 290C.11, paragraph (a).

(c) Within 90 days after the denial of an application, or within 90 days after the
final resolution of any appeal related to the denial, 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.

(d) The Social Security numbers collected from individuals under this section are
private data as provided in section 13.355. The deleted text begin state or deleted text end federal business tax registration
number and date of birth data collected under this section are also private data on
individuals or nonpublic data, as defined in section 13.02, subdivisions 9 and 12, but
may be shared with county assessors for purposes of tax administration and with county
treasurers for purposes of the revenue recapture under chapter 270A.

Sec. 4.

new text begin [290C.13] NEW OWNERS OF ENROLLED LAND.
new text end

new text begin (a) A landowner who, on or before July 1, purchases land which is already enrolled
in the sustainable forest incentive program may file an application to become a claimant
as that term is defined in section 290C.02, subdivision 3. The application shall be on a
form prescribed by the commissioner and must be filed on or before September 1 of that
same year. If the application is approved, the new claimant will be eligible to receive a
payment on the later of 45 days after the completed application is approved or October 1
of that same year.
new text end

new text begin (b) A landowner who, after July 1, purchases land which is already enrolled in the
sustainable forest incentive program may file an application to become a claimant as
that term is defined in section 290C.02, subdivision 3. The application shall be on a
form prescribed by the commissioner and must be filed on or before September 1 of the
following year. If the application is approved, the new claimant will be eligible to receive
a payment on or after October 1 of the following year.
new text end

new text begin (c) The payment to the new claimant for the first year shall be calculated based on
the information contained in the new claimant's application form. Thereafter, on or before
July 1 of each year, the commissioner shall send the new claimant a certification form
according to the provisions of section 290C.05.
new text end

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 through 4 are effective the day following final enactment.
new text end