SF 3126

as introduced - 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;
proposing coding for new law in Minnesota Statutes, chapter 84.

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

Section 1.

new text begin [84.66] MINNESOTA FORESTS FOR THE FUTURE PROGRAM.
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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 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.
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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.
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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 such 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 such time, in such form, and containing such 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:
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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 Advisory team. new text end

new text begin In administering the program, the commissioner may
establish an advisory team to provide advice on program management.
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new text begin Subd. 9. 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. 10. 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. 11. 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.
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new text begin Subd. 12. 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.
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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.
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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.
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new text begin Subd. 13. 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