Key: (1) language to be deleted (2) new language
Laws of Minnesota 1986
CHAPTER 383-H.F.No. 628
An act relating to natural resources; providing for
conservation easements on marginal agricultural lands;
improving fish and wildlife habitat; requiring
planning for wildlife resources and habitat
management; creating a private match program; changing
the funding source for certain county payments;
creating new accounts in the state treasury;
authorizing the sale of state bonds; appropriating
money; amending Minnesota Statutes 1984, sections
97.49, subdivision 3; 290.431; Minnesota Statutes 1985
Supplement, section 88.80; proposing coding for new
law in Minnesota Statutes, chapters 40 and 84.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [40.40] [SHORT TITLE.]
Sections 2 to 15 may be cited as the "reinvest in Minnesota
resources act of 1986."
Sec. 2. [40.41] [PURPOSE AND POLICY.]
It is the purposes of sections 2 to 6 to keep certain
marginal agricultural land out of crop production or pasture to
protect soil and water quality and support fish and wildlife
habitat. It is state policy to encourage the retirement of
marginal, highly erodable land, particularly land adjacent to
public waters and drainage systems, from crop production and to
reestablish a cover of perennial vegetation.
Sec. 3. [40.42] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] The definitions in this
section apply to sections 3 to 6.
Subd. 2. [COMMISSIONER.] "Commissioner" means the
commissioner of agriculture.
Subd. 3. [CONSERVATION EASEMENT.] "Conservation easement"
means a conservation easement as defined in section 84C.01.
Subd. 4. [CONSERVATION RESERVE PROGRAM.] "Conservation
reserve program" means the program established under section 4.
Subd. 5. [LANDOWNER.] "Landowner" means a Minnesota
resident who owns or is a buyer under a contract for deed, of
land that qualifies as a family farm, a family farm corporation
or an authorized farm corporation under section 500.24,
subdivision 2.
Subd. 6. [MARGINAL AGRICULTURAL LAND.] "Marginal
agricultural land" means land that is: (1) composed of class
IIIe, IVe, V, VI, VII, or VIII land as identified in the land
capability classification system of the United States Department
of Agriculture; or (2) similar to land described under (1) and
identified under a land classification system selected by the
commissioner.
Sec. 4. [40.43] [CONSERVATION RESERVE PROGRAM.]
Subdivision 1. [ESTABLISHMENT OF PROGRAM.] The
commissioner of agriculture, in consultation with the
commissioner of natural resources, shall establish and
administer a conservation reserve program. Selection of land
for the conservation reserve program must be based on its
potential for fish and wildlife production, reducing erosion,
and protecting water quality.
Subd. 2. [ELIGIBLE LAND.] Land may be placed in the
conservation reserve program if the land:
(1) is marginal agricultural land, or adjacent to marginal
agricultural land and beneficial to resource protection or
necessary for efficient recording of the land description;
(2) was owned by the applicant on January 1, 1985, or for
an application made on or after January 1, 1988, was owned by
the applicant for at least three years before the date of
application;
(3) is at least five acres in size, or is a whole field as
defined by the United States agricultural stabilization and
conservation service;
(4) is not set aside, enrolled or diverted under another
federal or state government program; and
(5) was in agricultural crop production or pasture for at
least two years during the period 1981 to 1985.
The eligible land of a landowner may not exceed 20 percent
of the landowner's total acreage in the state.
Subd. 3. [CONSERVATION EASEMENTS.] The commissioner may
acquire conservation easements on eligible land. An easement
may be permanent or of limited duration. An easement of limited
duration may not be acquired if it is for a period less than ten
years. The negotiation and acquisition of easements authorized
by this section are exempt from the contractual provisions of
chapter 16B.
Subd. 4. [NATURE OF PROPERTY RIGHTS ACQUIRED.] (a) A
conservation easement must prohibit:
(1) alteration of wildlife habitat and other natural
features, unless specifically approved by the commissioner;
(2) agricultural crop production, unless specifically
approved by the commissioner for wildlife management purposes;
(3) grazing of livestock unless approved by the
commissioner after consultation with the commissioner of natural
resources, in the case of severe drought, or a local emergency
declared under section 12.29; and
(4) spraying with chemicals or mowing, except as necessary
to comply with noxious weed control laws or emergency control of
pests necessary to protect public health.
(b) A conservation easement is subject to the terms of the
agreement provided in subdivision 5.
(c) A conservation easement must allow repairs,
improvements, and inspections necessary to maintain public
drainage systems provided the easement area is restored to the
condition required by the terms of the conservation easement.
Subd. 5. [AGREEMENTS BY LANDOWNER.] The commissioner may
enroll eligible land in the conservation reserve program by
signing an agreement in recordable form with a landowner in
which the landowner agrees:
(1) to convey to the state a conservation easement that is
not subject to any prior title, lien, or encumbrance;
(2) to seed the land subject to the conservation easement,
as specified in the agreement, to establish and maintain
perennial cover of either a grass-legume mixture or native
grasses for the term of the easement, at seeding rates
determined by the commissioner; or to plant trees or carry out
other long-term capital improvements approved by the
commissioner for soil and water conservation or wildlife
management;
(3) that other land supporting natural vegetation owned or
leased as part of the same farm operation during the term of the
easement, if it supports natural vegetation or has not been used
in agricultural crop production or pasture, will not be
converted to agricultural crop production or pasture; and
(4) to the enforcement of the agreements in this
subdivision by an action for specific performance, a mandatory
injunction, or for damages in an amount not to exceed the total
amount paid by the state to the landowner under subdivision 6,
with interest from the date of each default under the agreement.
Subd. 6. [PAYMENTS FOR CONSERVATION EASEMENTS AND
ESTABLISHMENT OF COVER.] The commissioner must make the
following payments to the landowner for the conservation
easement and agreement:
(1) to establish the perennial cover or other improvements
required by the agreement, up to $75 per acre;
(2) for the cost of planting trees required by the
agreement, up to $75 per acre;
(3) for a permanent easement, 70 percent of the township
average equalized estimated market value of agricultural
property as established by the commissioner of revenue at the
time the easement is conveyed; and
(4) for an easement of limited duration, 90 percent of the
present value of the average of the acceptable bids for the
federal conservation reserve program, as contained in Public Law
Number 99-198, in the relevant geographic area and on bids made
immediately prior to when the easement is conveyed. If federal
bid figures have not been determined for the area, or the
federal program has been discontinued, the rate paid shall be
determined by the commissioner.
The commissioner may not pay more than $50,000 to a
landowner for all the landowner's conservation easements and
agreements.
Subd. 7. [EASEMENT RENEWAL.] When a conservation easement
of limited duration expires, a new conservation easement and
agreement for an additional period of ten years may be acquired
by agreement of the commissioner and the landowner, under the
terms of this section. The commissioner may adjust payment
rates as a result of renewing an agreement and conservation
easement only after examining the condition of the established
cover, conservation practices, and land values.
Sec. 5. [40.44] [COOPERATION AND TECHNICAL ASSISTANCE;
SUPPLEMENTAL CONSERVATION PAYMENT.]
Subdivision 1. [COOPERATION.] In implementing sections 2
to 5 the commissioner must share information and cooperate with
the department of natural resources, the pollution control
agency, the United States Fish and Wildlife Service, the
Agricultural Stabilization and Conservation Service and Soil
Conservation Service of the United States Department of
Agriculture, the Minnesota extension service, the University of
Minnesota, county boards, and interested private organizations
and individuals.
Subd. 2. [TECHNICAL ASSISTANCE.] The commissioners of
agriculture and natural resources must provide necessary
technical assistance to landowners enrolled in the conservation
reserve program. The commissioner of natural resources must
provide technical advice and assistance to the commissioner on
the form and content of the conservation easement and agreement,
and on agronomic practices relating to the establishment and
maintenance of permanent cover, or other conservation
improvements. The commissioners of agriculture and natural
resources shall jointly prepare an informational booklet on the
conservation reserve program and other state and federal
programs for land acquisition, conservation, and retirement to
be made available to eligible landowners and the general public.
Subd. 3. [SUPPLEMENTAL CONSERVATION PAYMENTS.] The
commissioner may supplement cost-share payments made under other
programs, up to $75 an acre, to the extent of available
appropriations other than bond proceeds. The supplemental
cost-share payments must be used to establish perennial cover on
land enrolled in programs approved by the commissioner,
including the federal conservation reserve program and federal
and state waterbank programs.
Sec. 6. [40.45] [RULEMAKING.]
The commissioner shall adopt rules and is authorized to
adopt emergency rules in order to implement sections 2 to 6.
The rules must include standards for tree planting so that
planting does not conflict with existing electrical lines,
telephone lines, rights-of-way, or drainage ditches.
Sec. 7. [84.941] [POLICY.]
It is the policy of the state that fish and wildlife are
renewable natural resources to be conserved and enhanced through
planned scientific management, protection, and utilization.
Sec. 8. [84.942] [FISH AND WILDLIFE RESOURCES MANAGEMENT
PLAN.]
Subdivision 1. [PREPARATION.] The commissioner of natural
resources shall prepare a comprehensive fish and wildlife
management plan designed to accomplish the policy of section 7.
The comprehensive fish and wildlife management plan shall
include a strategic plan as outlined in subdivision 2. The
strategic plan must be completed by July 1, 1986. The
management plan must also include the long-range and operational
plans as described in subdivisions 3 and 4. The management plan
must be completed by July 1, 1988.
Subd. 2. [STRATEGIC PLAN.] The strategic plan must be
updated every six years and include:
(1) an issues analysis describing major fish and wildlife
management problems;
(2) a description of strategies to address management
problems; and
(3) an assessment of the need for additional fish and
wildlife research facilities.
Subd. 3. [LONG RANGE PLAN.] The long-range plan must be
updated every six years and include:
(1) an assessment of historical, present, and projected
demand for fish and wildlife resources;
(2) an assessment of the capability of fish and wildlife
resources to meet present and future demand;
(3) development of a data base capable of continuous
updating and usable as a resource management tool; and
(4) a statement of major goals, objectives, and policies to
address fish and wildlife resource management issues.
Subd. 4. [OPERATIONAL PLAN.] The operational plan must be
reviewed and updated every two years. The operational plan must
include the following:
(1) a description of specific actions needed to address
resource management issues;
(2) an estimate of the expenditures necessary to implement
the management actions and a description of the sources and
amounts of revenue available;
(3) a procedure to review expenditures and evaluate the
effectiveness of the management program; and
(4) recommendations for additional actions necessary to
meet fish and wildlife management needs.
Subd. 5. [PUBLIC AGENCY COORDINATION.] The commissioner of
natural resources must coordinate fish and wildlife planning
efforts with appropriate public agencies to achieve optimum
public benefit.
Subd. 6. [PUBLIC INVOLVEMENT.] The commissioner of natural
resources must make fish and wildlife management plans available
for public input, review, and comment.
Sec. 9. [84.943] [MINNESOTA CRITICAL HABITAT PRIVATE
SECTOR MATCHING ACCOUNT.]
Subdivision 1. [ESTABLISHMENT.] The Minnesota critical
habitat private sector matching account is established as a
separate account in the state treasury. The account shall be
administered by the commissioner of natural resources as
provided in this section.
Subd. 2. [FUNDING SOURCES.] The critical habitat private
sector matching account shall consist of contributions from
private sources and appropriations.
Subd. 3. [APPROPRIATIONS MUST BE MATCHED BY PRIVATE
FUNDS.] Appropriations to the critical habitat private sector
matching account may be expended only to the extent that they
are matched equally with contributions to the account from
private sources or by funds contributed to the nongame wildlife
management account. The private contributions may be made in
cash or in contributions of land or interests in land that are
designated by the commissioner of natural resources as program
acquisitions. Appropriations to the account that are not
matched within three years from the date of the appropriation
shall cancel to the source of the appropriation. For the
purposes of this section, the private contributions of land or
interests in land shall be valued in accordance with their
appraised value.
Subd. 4. [MANAGEMENT.] The critical habitat private sector
matching account shall be managed to earn the highest interest
compatible with prudent investment, preservation of principal,
and reasonable liquidity. Unless an appropriation to the
account reverts to its original source under subdivision 3, the
principal and interest in the account remain in the account
until expended as provided in this section.
Subd. 5. [PLEDGES AND CONTRIBUTIONS.] The commissioner of
natural resources may accept contributions and pledges to the
critical habitat private sector matching account. A pledge that
is made contingent on an appropriation is acceptable and shall
be reported with other pledges as required in this section. In
the budget request for each biennium, the commissioner shall
report the balance of contributions in the account and the
amount that has been pledged for payment in the succeeding two
calendar years.
Money in the account may be expended only for the direct
acquisition or improvement of land or interests in land as
provided in section 10. To the extent of available
appropriations other than bond proceeds, the money matched to
the nongame wildlife management account may be used for the
management of nongame wildlife projects as specified in section
290.431. Acquisition includes: (1) purchase of land or an
interest in land by the commissioner; or (2) acceptance by the
commissioner of gifts of land or interests in land as program
projects.
Sec. 10. [84.944] [ACQUISITION OF CRITICAL NATURAL
HABITAT.]
Subdivision 1. [ACQUISITION CONSIDERATIONS.] In
determining what critical natural habitat shall be acquired or
improved, the commissioner shall consider:
(1) the significance of the land or water as existing or
potential habitat for fish and wildlife and providing fish and
wildlife oriented recreation;
(2) the significance of the land, water, or habitat
improvement to maintain or enhance native plant, fish, or
wildlife species designated as endangered or threatened under
section 97.488;
(3) the presence of native ecological communities that are
now uncommon or diminishing; and
(4) the significance of the land, water or habitat
improvement to protect or enhance natural features within or
contiguous to natural areas including fish spawning areas,
wildlife management areas, scientific and natural areas,
riparian habitat and fish and wildlife management projects.
Subd. 2. [DESIGNATION OF ACQUIRED SITES.] The critical
natural habitat acquired by the commissioner under this section
shall be designated by the commissioner as: (1) an outdoor
recreation unit pursuant to section 86A.07, subdivision 3, or
(2) as provided in section 97.48, subdivision 11, 26, or 27,
section 101.42, subdivision 9, or section 101.475.
Subd. 3. [COUNTY ACQUISITION APPROVAL.] The commissioner
must follow the procedures under section 97.481, subdivision 2,
for critical natural habitat acquired under this section.
Sec. 11. Minnesota Statutes 1985 Supplement, section
88.80, is amended to read:
88.80 [ASPEN RECYCLING PROGRAM.]
Subdivision 1. [ESTABLISHMENT.] The commissioner may must
establish and accelerate an aspen recycling program to assure
that marketable stands of aspen are available on state lands and
may designate priority areas on state lands for aspen recycling
providing for the betterment of public lands owned by the state
by clearing trees which because of age, disease, pests, or other
cause are unmarketable or increase the hazard of forest fires or
infestation, permitting the regeneration of stands of healthy
aspen capable of economic management, harvesting, and marketing.
The financing of this program is determined to be a necessary
and proper public purpose for the issuance of state bonds under
the provisions of article XI, section 5 of the constitution
relating to the betterment of public land, the promotion of
reforestation, and prevention and abatement of forest fires and
the clearing and improving of wild lands. The program shall
designate priority areas on state lands for aspen recycling.
Subd. 2. [PILOT PROJECT.] The commissioner shall establish
an aspen recycling program pilot project in the highest priority
area on state lands in order to develop effective program
procedures and practices. With respect to the pilot project,
the commissioner may restrict bidding on contracts for the
cutting, removal, and disposal of aspens, and for related
activities, to loggers and others residing in the pilot project
area designated under the program that are financially
distressed. The commissioner may establish standards and
procedures for awarding logging contracts under section 86.35,
relating to eligibility for employment for conservation work
projects.
Subd. 3. [REPORT.] The commissioner shall report to the
legislature by January 1, 1987 the results of the pilot project
and a plan to recycle the overmature aspen stands of the state.
Sec. 12. [84.95] [REINVEST IN MINNESOTA RESOURCES FUND.]
Subdivision 1. [PROGRAM FUND; ESTABLISHMENT.] A reinvest
in Minnesota resources fund is created as a separate fund in the
state treasury. The fund shall be managed to earn the highest
interest compatible with prudent investment, preservation of
principal, and reasonable liquidity. The principal and interest
attributable to the principal shall remain in the fund until
spent. Proceeds of state bonds issued for purposes of the fund
shall be segregated in a special account and disbursed only for
capital costs of the acquisition and betterment of public land
and easements in land and improvements in land for which the
proceeds are appropriated.
Subd. 2. [PURPOSES AND EXPENDITURES.] Money from the
reinvest in Minnesota resources fund may only be spent for the
following fish and wildlife conservation enhancement purposes:
(1) development and implementation of the comprehensive
fish and wildlife management plan under section 8;
(2) implementation of the conservation reserve program
established by section 4;
(3) soil and water conservation practices to improve water
quality, reduce soil erosion and crop surpluses;
(4) enhancement of fish and wildlife habitat on lakes,
streams, wetlands, and public and private forest lands;
(5) acquisition and development of public access sites and
recreation easements to lakes, streams, and rivers for fish and
wildlife oriented recreation;
(6) matching funds with government agencies and the private
sector for acquisition and improvement of fish and wildlife
habitat;
(7) research and surveys of fish and wildlife species and
habitat;
(8) enforcement of natural resource laws and regulations;
(9) information and education;
(10) implementing the aspen recycling program under section
11; and
(11) necessary support services to carry out these purposes.
Sec. 13. Minnesota Statutes 1984, section 97.49,
subdivision 3, is amended to read:
Subd. 3. A sum equal to: (1) 35 percent of the gross
receipts from all special use permits and leases of lands
acquired for public hunting grounds and game refuges, or (2) 50
cents per acre on purchased land actually used for public
hunting grounds and game refuges, or (3) three-quarters of one
percent of the appraised value of purchased land actually used
for public hunting grounds and game refuges, whichever amount is
the greater, shall be paid out of the game and fish general fund
annually to the county in which said lands are located, to be
distributed by the county treasurer among the county and the
respective towns and school districts wherein such grounds and
refuges lie, on the same basis as if the payments were received
as taxes on such lands, payable in the current year, but this
provision shall not apply to state trust fund lands or any other
state lands not purchased for game refuge and public hunting
ground purposes. The county's share of the proceeds shall be
deposited in the county general revenue fund. For the purpose
of determining the applicability of payments pursuant to clause
(3) above, the appraised value of the lands acquired shall be
deemed to be the purchase or acquisition price thereof during
the first five years following acquisition. After the
expiration of five years from the date of acquisition or, in the
case of lands acquired prior to July 1, 1974, within 90 days
after July 1, 1979, and thereafter at five year intervals, a
current appraisal of the land shall be made by the appropriate
county assessor, and shall govern payments.
Sec. 14. Minnesota Statutes 1984, section 290.431, is
amended to read:
290.431 [NONGAME WILDLIFE CHECKOFF.]
Every individual who files an income tax return or property
tax refund claim form may designate on their original return
that $1 or more shall be added to the tax or deducted from the
refund that would otherwise be payable by or to that individual
and paid into an account to be established for the management of
nongame wildlife. The commissioner of revenue shall, on the
income tax return and the property tax refund claim form, notify
filers of their right to designate that a portion of their tax
or refund shall be paid into the nongame wildlife management
account. The sum of the amounts so designated to be paid shall
be credited to the nongame wildlife management account for use
by the nongame section program of the division section of
wildlife in the department of natural resources. All interest
earned on money accrued in the nongame wildlife management
account shall be credited to the account by the state
treasurer. The commissioner of natural resources shall submit a
work program for each fiscal year and semi-annual progress
reports to the legislative commission on Minnesota resources in
the form determined by the commission. None of the money
provided in this section may be expended unless the commission
has approved the work program.
The state pledges and agrees with all contributors to the
nongame wildlife management account to use the funds contributed
solely for the management of nongame wildlife projects and
further agrees that it will not impose additional conditions or
restrictions that will limit or otherwise restrict the ability
of the commissioner of natural resources to use the available
funds for the most efficient and effective management of nongame
wildlife.
Sec. 15. S.F. No. 1526, article 1, section 11, subdivision
1, if enacted at the 1986 regular session, is amended to read:
Sec. 11. [97A.061] [PAYMENT IN LIEU OF TAXES.]
Subdivision 1. [APPLICABILITY; AMOUNT.] (a) The
commissioner shall annually make a payment from the game and
fish general fund to each county having public hunting areas and
game refuges. This section does not apply to state trust fund
land and other state land not purchased for game refuge or
public hunting purposes. The payment shall be the greatest of:
(1) 35 percent of the gross receipts from all special use
permits and leases of land acquired for public hunting and game
refuges;
(2) 50 cents per acre on land purchased actually used for
public hunting or game refuges; or
(3) three-fourths of one percent of the appraised value of
purchased land actually used for public hunting and game refuges.
(b) The payment must be reduced by the amount paid under
subdivision 3 for croplands managed for wild geese. [97.49 s.
7]
(c) The appraised value is the purchase price for five
years after acquisition. The appraised value shall be
determined by the county assessor every five years after
acquisition. [97.49 s. 3]
Sec. 16. [BONDS AUTHORIZED.]
The commissioner of finance upon request of the governor
shall sell and issue bonds of the state in an amount up to
$16,000,000 in the manner, upon the terms, and with the effect
prescribed by Minnesota Statutes, sections 16A.641 to 16A.675,
and by the Minnesota Constitution, article XI, sections 4 to 7.
The proceeds of the bonds, except accrued interest and any
premium received on the sale of the bonds, must be credited to a
bond proceeds account in the reinvest in Minnesota resources
fund.
Sec. 17. [APPROPRIATIONS.]
Subdivision 1. [APPROPRIATION TO RESOURCES FUND.] There is
appropriated to the reinvest in Minnesota resources fund, other
than the bond proceeds account within that fund, any money
appropriated by law.
Subd. 2. [BOND PROCEEDS APPROPRIATION.] $16,000,000 is
appropriated from the bond proceeds account of the reinvest in
Minnesota resources fund to the agencies and account for the
purposes specified in this section.
Subd. 3. [COMMISSIONER OF AGRICULTURE.] $10,000,000 is
appropriated to the commissioner of agriculture:
(a) from the bond proceeds account of
the reinvest in Minnesota resources
fund for the conservation reserve
program under section 4, to be
available until expended $9,400,000
(b) from the bond proceeds account of
the reinvest in Minnesota resources
fund for administration of the
conservation reserve program under
sections 2 to 5 to be available until
June 30, 1987 $600,000
$500,000 of this appropriation must be
distributed to soil and water
conservation districts.
The approved complement of the
department of agriculture is increased
by three positions in the unclassified
service.
Subd. 4. [COMMISSIONER OF NATURAL RESOURCES.] $3,600,000
is appropriated to the commissioner of natural resources:
(a) from the bond proceeds account of
the reinvest in Minnesota resources
fund for fish and wildlife habitat
improvements and acquisition of
interests in land under the
comprehensive fish and wildlife
management plan under section 8, to be
available until expended $2,500,000
(b) from the bond proceeds account of
the reinvest in Minnesota resources
fund for aspen recycling under section
12, to be available until expended $1,000,000
(c) from the general fund for the
development of a fish and wildlife
research center, to be available until
June 30, 1987 $100,000
Subd. 5. [CRITICAL HABITAT PRIVATE SECTOR MATCHING
ACCOUNT.] $2,500,000 is appropriated from the bond proceeds
account of the reinvest in Minnesota resources fund for transfer
to the critical habitat private sector matching account
established under section 10.
Sec. 18. [EFFECTIVE DATE.]
Sections 1 to 12, 14, 16, and 17 are effective the day
following final enactment. Sections 13 and 15 are effective
July 1, 1987 except if Senate File 1526 is enacted during the
1986 regular session, section 13 is not effective.
Approved March 20, 1986
Official Publication of the State of Minnesota
Revisor of Statutes