SF 3403

as introduced - 90th Legislature (2017 - 2018) Posted on 03/16/2018 08:30am

A bill for an act
relating to legacy; modifying requirements for lands acquired with money from
outdoor heritage fund; amending Minnesota Statutes 2016, section 97A.056,
subdivisions 1, 15.

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

Section 1.

Minnesota Statutes 2016, section 97A.056, subdivision 1, is amended to read:

Subdivision 1.

Outdoor heritage fund.

new text begin (a) new text end An outdoor heritage fund, under article XI,
section 15, of the Minnesota Constitution, is established as an account in the state treasury.
All money earned by the outdoor heritage fund must be credited to the fund. At least 99
percent of the money appropriated from the fund must be expended to restore, protect, and
enhance wetlands, prairies, forests, and habitat for fish, game, and wildlife. Money
appropriated from the outdoor heritage fund shall not be spent to acquire property by eminent
domain unless the owner requests that the owner's property be acquired by eminent domain.

new text begin (b) Land and interests in land acquired with money from the outdoor heritage fund must
comply in all respects with the Minnesota Constitution. All determinations for acquiring
land in fee title must be based on benefiting all Minnesotans, as the outdoor heritage fund
is dedicated for all Minnesotans. Unless otherwise provided by law, lands acquired in fee
with appropriations from the outdoor heritage fund must be open to public taking of fish
and game, which is a valued part of Minnesotans' heritage that must be forever preserved
for the people, and the lands must be managed by law and regulation for the public good
in the same manner as lands owned by the state. On lands acquired in fee with appropriations
from the outdoor heritage fund, the right of the people to take fish and game must not be
infringed or impaired by lack of access, lack of opportunity, or diminished quality or as a
result of special or exclusive privilege that does not benefit all Minnesotans.
new text end

Sec. 2.

Minnesota Statutes 2016, section 97A.056, subdivision 15, is amended to read:

Subd. 15.

Land acquisition restrictions.

(a) An interest in real property, including, but
not limited to, an easement or fee title, that is acquired with money appropriated from the
outdoor heritage fund must be used in perpetuity or for the specific term of an easement
interest for the deleted text begin purpose deleted text end new text begin purposes new text end for which the appropriation was made deleted text begin . deleted text end new text begin , including the
purposes of articles XI, section 15, and XIII, section 12, of the Minnesota Constitution to
restore, protect, and enhance wetlands, prairies, forests, and habitat for fish, game, and
wildlife for the benefit of all Minnesotans and, with regard to fee title acquisition, to be
open to public taking of fish and game during the open season, unless otherwise provided
by law, for the public good. The right of the public to take game and fish on these lands
must not be impaired or diminished in quality or experience directly or indirectly. new text end The
ownership of the interest in real property transfers to the state if:

(1) the holder of the interest in real property fails to comply with the terms and conditions
of the grant agreement or accomplishment plan; deleted text begin or
deleted text end

(2) restrictions are placed on the land that preclude its use for the intended purpose as
specified in the appropriation new text begin ; or
new text end

new text begin (3) the right to take fish and game during the open season as provided by law is impaired
or restricted or the right's quality is diminished by lack of access or grant of special or
exclusive privilege or franchise or otherwise new text end .

(b) A recipient of funding that acquires an interest in real property subject to this
subdivision may not alter the intended use of the interest in real property or convey any
interest in the real property acquired with the appropriation without the prior review and
approval of the Lessard-Sams Outdoor Heritage Council or its successor. The council shall
notify the chairs and ranking minority members of the legislative committees and divisions
with jurisdiction over the outdoor heritage fund at least 15 business days before approval
under this paragraph. The council shall establish procedures to review requests from
recipients to alter the use of or convey an interest in real property. These procedures shall
allow for the replacement of the interest in real property with another interest in real property
meeting the following criteria:

(1) the interest must be at least equal in fair market value, as certified by the commissioner
of natural resources, to the interest being replaced; and

(2) the interest must be in a reasonably equivalent location and have a reasonably
equivalent useful conservation purpose compared to the interest being replaced, taking into
consideration all effects from fragmentation of the whole habitat.

(c) A recipient of funding who acquires an interest in real property under paragraph (a)
must separately record a notice of funding restrictions in the appropriate local government
office where the conveyance of the interest in real property is filed. The notice of funding
agreement must contain:

(1) a legal description of the interest in real property covered by the funding agreement;

(2) a reference to the underlying funding agreement;

(3) a reference to this section; and

(4) the following statement: "This interest in real property shall be administered in
accordance with the terms, conditions, and purposes of the grant agreement controlling the
acquisition of the property. The interest in real property, or any portion of the interest in
real property, shall not be sold, transferred, pledged, or otherwise disposed of or further
encumbered without obtaining the prior written approval of the Lessard-Sams Outdoor
Heritage Council or its successor. The ownership of the interest in real property transfers
to the state if:

deleted text begin (1) deleted text end new text begin (i) new text end the holder of the interest in real property fails to comply with the terms and
conditions of the grant agreement or accomplishment plan; deleted text begin or
deleted text end

deleted text begin (2) deleted text end new text begin (ii) new text end restrictions are placed on the land that preclude its use for the intended purpose
as specified in the appropriation deleted text begin ." deleted text end new text begin ; or
new text end

new text begin (iii) the right to take fish and game during the open season as provided by law is impaired
or restricted or the right's quality is diminished by lack of access or grant of special or
exclusive privilege or franchise or otherwise."
new text end