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SF 4041

as introduced - 90th Legislature (2017 - 2018) Posted on 04/27/2018 10:33am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to natural resources; modifying provisions for leasing state lands; providing
for sales and conveyance of interests in public lands; appropriating money for
natural resources; amending Minnesota Statutes 2016, section 92.502; Laws 2017,
chapter 93, article 2, section 155, subdivision 4.

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

ARTICLE 1

NATURAL RESOURCES APPROPRIATIONS

Section 1. new text beginNATURAL RESOURCES APPROPRIATIONS.
new text end

new text begin The sums shown in the columns marked "Appropriations" are added to the appropriations
in Laws 2017, chapter 93, article 1, to the agencies and for the purposes specified in this
article. The appropriations are from the general fund, or another named fund, and are
available for the fiscal years indicated for each purpose. The figures "2018" and "2019"
used in this article mean that the appropriations listed under them are available for the fiscal
year ending June 30, 2018, or June 30, 2019, respectively. "The first year" is fiscal year
2018. "The second year" is fiscal year 2019. "The biennium" is fiscal years 2018 and 2019.
Appropriations for the fiscal year ending June 30, 2018, are effective the day following
final enactment.
new text end

new text begin APPROPRIATIONS
new text end
new text begin Available for the Year
new text end
new text begin Ending June 30
new text end
new text begin 2018
new text end
new text begin 2019
new text end

Sec. 2. new text beginNATURAL RESOURCES
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 2,879,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2018
new text end
new text begin 2019
new text end
new text begin General
new text end
new text begin -0-
new text end
new text begin 2,560,000
new text end
new text begin Natural Resources
new text end
new text begin -0-
new text end
new text begin 319,000
new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end

new text begin Land and Mineral Resources
Management
new text end

new text begin -0-
new text end
new text begin 319,000
new text end

new text begin $319,000 the second year is from the mineral
management account in the natural resources
fund for environmental research relating to
mine permitting.
new text end

new text begin Subd. 3. new text end

new text begin Forest Management
new text end

new text begin -0-
new text end
new text begin 1,000,000
new text end

new text begin $1,000,000 the second year is for forest
inventory.
new text end

new text begin Subd. 4. new text end

new text begin Fish and Wildlife Management
new text end

new text begin -0-
new text end
new text begin 1,352,000
new text end

new text begin $1,352,000 the second year is for wildlife
disease surveillance and response. This is a
onetime appropriation.
new text end

new text begin Subd. 5. new text end

new text begin Enforcement
new text end

new text begin -0-
new text end
new text begin 208,000
new text end

new text begin $208,000 the second year is for response to
escaped animals from cervidae farms. This is
a onetime appropriation.
new text end

Sec. 3.

new text begin BOARD OF WATER AND SOIL
RESOURCES
new text end
new text begin $
new text end
new text begin 133,000
new text end
new text begin $
new text end
new text begin 294,000
new text end

new text begin $133,000 the first year and $294,000 the
second year are for agency operational
adjustments to pay for costs related to the
reinvest in Minnesota and local roads bonding
projects, rent increases, and retirement
payouts.
new text end

ARTICLE 2

STATE LANDS

Section 1.

Minnesota Statutes 2016, section 92.502, is amended to read:


92.502 LEASE OF TAX-FORFEITED AND STATE LANDS.

(a) Notwithstanding section 282.04 or other law to the contrary, St. Louis County may
enter a 30-year lease of tax-forfeited land for a wind energy project.

(b) The commissioner of natural resources may enter a 30-year lease of land administered
by the commissioner for a wind energy project.

new text begin (c) The commissioner of natural resources may enter a 30-year lease of land administered
by the commissioner for recreational trails and facilities.
new text end

Sec. 2.

Laws 2017, chapter 93, article 2, section 155, subdivision 4, is amended to read:


Subd. 4.

Township road.

If the commissioner of natural resources finds that any portion
of 233rd Avenue within the Sand Dunes State Forest is not owned by the township, the
commissioner must convey an easement over and across state-owned lands administered
by the commissioner to the township under Minnesota Statutes, section 84.63, for the width
of 233rd Avenue.new text begin Notwithstanding the requirements for paying fees and market value under
Minnesota Statutes, section 84.63, the commissioner must convey easements to the township
at no cost for existing roads currently maintained by the township across state-owned land
administered by the commissioner and located in Sections 15, 17, 20, 29, and 35, Township
34 North, Range 27 West, Sherburne County, if the township lacks easements for such
roads. In addition, notwithstanding the requirements for paying fees and market value under
Minnesota Statutes, section 84.63, the commissioner must convey an easement to the
township at no cost for the existing road maintained by the township legally described as
the North 33 feet of the Northeast Quarter of the Southeast Quarter, Section 36, Township
34 North, Range 27 West, Sherburne County, if the township lacks an easement for such
road. The commissioner may make necessary changes to the legal description to correct
errors and ensure accuracy.
new text end

Sec. 3. new text beginPRIVATE SALE OF SURPLUS STATE LAND; CHISAGO COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner of
natural resources may sell by private sale the surplus land that is described in paragraph (c).
new text end

new text begin (b) The commissioner may make necessary changes to the legal description to correct
errors and ensure accuracy.
new text end

new text begin (c) The land that may be sold is located in Chisago County and is described as: that part
of the Southwest Quarter of the Southwest Quarter of Section 21, Township 35 North, Range
19 West, described as follows: beginning at the southeast corner of said Southwest Quarter
of the Southwest Quarter; thence West 19 rods; thence northeasterly in a straight line 23
rods to the east line of said Southwest Quarter of the Southwest Quarter; thence South 17
rods to the place of beginning.
new text end

new text begin (d) The Department of Natural Resources has determined that the land is not needed for
natural resource purposes and that the state's land management interests would best be
served if the land was returned to private ownership.
new text end

Sec. 4. new text beginPRIVATE SALE OF SURPLUS STATE LAND; MAHNOMEN COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner of
natural resources may sell by private sale the surplus land that is described in paragraph (c).
new text end

new text begin (b) The commissioner may make necessary changes to the legal description to correct
errors and ensure accuracy.
new text end

new text begin (c) The land that may be sold is located in Mahnomen County and is described as: the
Northeast Quarter of the Northeast Quarter, Section 19, Township 143 North, Range 39
West, Mahnomen County, Minnesota. Subject to existing road easements, containing 40
acres, more or less.
new text end

new text begin (d) The Department of Natural Resources has determined that the land is not needed for
natural resource purposes and that the state's land management interests would best be
served if the land was conveyed to a federally recognized Indian tribe for land consolidation
purposes.
new text end

Sec. 5. new text beginPUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; RICE COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural
resources may sell by public sale the surplus land bordering public water that is described
in paragraph (c).
new text end

new text begin (b) The commissioner may make necessary changes to the legal description to correct
errors and ensure accuracy.
new text end

new text begin (c) The land that may be sold is located in Rice County and is described as: that part of
Government Lot 4, Section 36, Township 110 North, Range 22 West, lying southerly of
the following described line:
new text end

new text begin Commencing at the southeast corner of said Government Lot 4; thence on an assumed
bearing of North 03 degrees 11 minutes 56 seconds East along the east line of said
Government Lot 4 a distance of 66.09 feet to the southeast corner of Whitney Shores,
according to the plat on file and of record in the Rice County Recorder's Office, and the
point of beginning of the line to be described; thence North 89 degrees 50 minutes 56
seconds West along the south line of said plat 541.16 feet; thence continuing North 89
degrees 50 minutes 56 seconds West 535.96 feet; thence North 66 degrees 49 minutes
48 seconds West 255 feet, more or less, to the water's edge of Cedar Lake and there
terminating.
new text end

new text begin Subject to the following:
new text end

new text begin (1) ingress and egress to the property is limited to Geneva Avenue only; and
new text end

new text begin (2) the public road as shown on the plat of Whitney Shores in not extended to cross the
property.
new text end

new text begin (d) The land borders Cedar Lake and is not contiguous to other state lands. The
Department of Natural Resources has determined that the land is not needed for natural
resource purposes and that the state's land management interests would best be served if
the land was returned to private ownership.
new text end

Sec. 6. new text beginPRIVATE SALE OF SURPLUS STATE LAND; ST. LOUIS COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner of
natural resources may sell by private sale to a political subdivision the surplus land that is
described in paragraph (c).
new text end

new text begin (b) The commissioner may sell the land at no cost. The commissioner may make
necessary changes to the legal description to correct errors and ensure accuracy.
new text end

new text begin (c) The land that may be sold is located in St. Louis County and is described as:
new text end

new text begin (1) that part of the Northeast Quarter of the Northeast Quarter of Section 29, Township
62, Range 15, St. Louis County, Minnesota, that lies southwesterly of McKinley Park Road;
and
new text end

new text begin (2) that part of the Northeast Quarter of the Northeast Quarter of Section 29, Township
62, Range 15, St. Louis County, Minnesota, that lies northwesterly of Miettunen Plat Road.
new text end

new text begin (d) The Department of Natural Resources has determined that the land is not needed for
natural resource purposes and that the state's land management interests would best be
served if the land was conveyed to a local unit of government.
new text end

Sec. 7. new text beginCONVEYANCE OF TOWNSHIP LANDS TO STATE; ST. LOUIS COUNTY.
new text end

new text begin (a) Notwithstanding any law to the contrary, Breitung Township in St. Louis County
may transfer to the state of Minnesota at no cost lands in St. Louis County described as
follows:
new text end

new text begin (1) that part of the Northwest Quarter of the Northeast Quarter of Section 29, Township
62, Range 15, St. Louis County, Minnesota, that lies southeasterly of Miettunen Plat Road
and northeasterly of McKinley Park Road; and
new text end

new text begin (2) that part of the Northwest Quarter of the Southwest Quarter of Section 28, Township
62, Range 15, St. Louis County, Minnesota, that lies easterly of McKinley Park Road.
new text end

new text begin (b) Breitung Township may make necessary changes to the legal description to correct
errors and ensure accuracy.
new text end

Sec. 8. new text beginGRANT OF EASEMENT TO TOWNSHIP.
new text end

new text begin (a) The commissioner of natural resources must convey to the township under Minnesota
Statutes, section 84.63, an easement over and across the state-owned lands administered by
the commissioner described in paragraph (c). Notwithstanding the requirements for paying
fees and market value under Minnesota Statutes, section 84.63, the commissioner must
convey the easement to the township at no cost.
new text end

new text begin (b) The commissioner may make necessary changes to the legal description to correct
errors and ensure accuracy.
new text end

new text begin (c) The land over which the easement is granted is located in Otter Tail County and is
described as: a strip of land lying in Government Lot 1, Section 1, Township 136 North,
Range 43 West, said strip of land being 66 feet in width, lying 33 feet on each side of the
centerline described as follows:
new text end

new text begin Commencing at the southeast corner of the Northeast Quarter of Section 1, Township
136 North, Range 43 West of the Fifth Principal Meridian, Otter Tail County, Minnesota;
thence on a bearing based on the 1983 Otter Tail County Coordinate System (1996
Adjustment), of North 00 degrees 43 minutes 06 seconds West, a distance of 1,319.32
feet to the southeast corner of Government Lot 1 of said Section 1 and the point of
beginning of the centerline to be described; thence North 00 degrees 42 minutes 22
seconds West, a distance of 43.08 feet; thence northerly and northwesterly a distance
of 801.02 feet along a tangential curve concave to the southwest, said curve having a
radius of 734.24 feet and a central angle of 62 degrees 30 minutes 25 seconds; thence
North 63 degrees 12 minutes 47 seconds West, tangent to last described curve, a distance
of 610.21 feet; thence northwesterly and northerly a distance of 441.31 feet along a
tangential curve concave to the northeast, said curve having a radius of 400.00 feet and
a central angle of 63 degrees 12 minutes 47 seconds; thence North 00 degrees 00 minutes
00 seconds East, tangent to last described curve, a distance of 110.93 feet, more or less,
to the intersection with the north line of the Northeast Quarter of said Section 1, distant
1,428.38 feet, more or less, easterly of the north quarter corner of said Section 1 and
said centerline there terminating.
new text end

new text begin (d) The easement is needed by the township because an existing township road must be
vacated for the Department of Natural Resources to construct a new public water access on
Lake Lizzie.
new text end