Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 462-H.F.No. 2272 
           An act relating to natural resources; making changes 
          in certain laws relating to forestry; amending 
          Minnesota Statutes 1986, sections 88.19; 89.01, 
          subdivision 5; 89.17; 89.19; and 90.041, by adding a 
          subdivision. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 88.19, is 
amended to read:  
    88.19 [NEGLECT OR REFUSAL TO PERFORM DUTY.] 
    Every forestry employee of the state who shall 
unjustifiably refuse or neglect to perform a duty; every person 
who shall kindle a fire on or near forest, brush, or prairie 
land and leave it unquenched, or be a party thereto, or who 
shall set fire to brush, stumps, dry grass, field stubble, 
leaves, peat, rubbish, garbage, branches and slashings, or other 
material, and fail to extinguish the same before it has 
endangered the property of another; every person who shall 
negligently or carelessly set on fire, or cause to be set on 
fire, any woods, prairie, or other combustible material, whether 
on the person's own land or not, by means whereof the property 
of another shall be endangered, or who shall negligently suffer 
any fire upon one's own lands to extend beyond the limits 
thereof; every person who shall use other than incombustible 
wads for firearms, or carry a naked torch, firebrand, or exposed 
light in or near forest land, or who, upon any such land or in 
the vicinity thereof, or on or along any public or private road, 
trail, path, railroad right-of-way or roadbed, or other public 
or private way of any kind running over or along or in the 
vicinity of any such land, shall throw or drop any burning 
match, ashes of pipe, lighted cigar, or cigarette, or any other 
burning substance, and who fails to extinguish the same 
immediately; every person who drives upon or over forest lands 
in a motor vehicle with an open cutout or without a muffler on 
the exhaust pipe; and every person who operates a tractor, 
chainsaw, steam or internal combustion engine in forested areas 
not equipped to prevent fires, shall be guilty of a misdemeanor; 
and, on conviction thereof, punished by a fine of not less than 
$25 and not exceeding $100 and costs of prosecution, or by 
imprisonment in the county jail for not less than ten and not 
exceeding 90 days. 
    Sec. 2.  Minnesota Statutes 1986, section 89.01, 
subdivision 5, is amended to read:  
    Subd. 5.  When any tract or tracts of land that are 
included in areas set apart as state forests are found to be 
more valuable for agriculture than for forestry or other 
conservation purposes, or when any tract or tracts of land used 
as a forestry administrative site are found to be no longer 
needed for administrative purposes, the commissioner by written 
order may eliminate such lands from state forests whereupon such 
lands shall be subject to sale the same as other lands not 
reserved.  When any tract or tracts of land that are included in 
areas set apart as state forests are found to be more valuable 
for the construction of industrial plants or for purposes 
including forestry essential to the establishment of or 
expansion of substantial commercial developments, the 
commissioner, by written order, with the unanimous approval of 
the land exchange board may eliminate such lands from state 
forests whereupon such lands shall be subject to sale the same 
as other lands not reserved. 
    Sec. 3.  Minnesota Statutes 1986, section 89.17, is amended 
to read:  
    89.17 [LEASES AND PERMITS.] 
    The commissioner shall have power to grant and execute, in 
the name of the state, leases and permits for the use of 
any state forest lands under the authority of the commissioner 
for any purpose which in the commissioner's opinion is not 
inconsistent with the maintenance and management of the state 
forest in which the land is situated lands, on forestry 
principles for timber production.  Every such lease or permit 
shall be revocable at the discretion of the commissioner at any 
time subject to such conditions as may be agreed on in the 
lease.  The approval of the commissioner of administration shall 
not be required upon any such lease or permit.  No such lease or 
permit for a period exceeding ten years shall be granted except 
with the approval of the executive council.  
    Hunting of wild game is prohibited on any land which has 
been posted by the lessee to prohibit hunting.  Such prohibition 
shall apply to all persons including the lessee.  
    Sec. 4.  Minnesota Statutes 1986, section 89.19, is amended 
to read:  
    89.19 [RULES.] 
    The commissioner shall have power to prescribe such rules 
governing the use of state forest lands under the authority of 
the commissioner, or any part thereof, by the public or 
governing the exercising by holders of leases or permits 
upon state forest lands of all their rights under such leases or 
permits as may be necessary to carry out the purposes of this 
chapter.  
    Sec. 5.  Minnesota Statutes 1986, section 90.041, is 
amended by adding a subdivision to read: 
    Subd. 5.  The commissioner may contract as part of the 
timber sale with the purchaser of state timber at either 
informal or auction sale for the following forest improvement 
work to be done on the land included within the sale area:  
preparation of the site for seeding or planting of seedlings or 
trees, seeding or planting of seedlings or trees, and other 
activities relating to forest regeneration. 
    Sec. 6.  [ELIMINATION OF ADMINISTRATIVE SITE FROM GEORGE 
WASHINGTON STATE FOREST; SALE OF SITE.] 
    The following described area is eliminated from George 
Washington State Forest and may be sold by the commissioner of 
natural resources in the same manner that state school trust 
land is sold, notwithstanding any provisions of Minnesota 
Statutes, section 92.45, to the contrary: 
 That part of Government Lot 7 of Section 28, Township 60 
North, Range 24 West, Itasca County, Minnesota, described 
as follows: 
 Commencing at the southeast corner of said Government Lot 
7; thence on a bearing based on Minnesota Coordinate System 
of 1927, North Zone, of South 88-0 53' 36" West along the 
south line of said Government Lot 7 a distance of 1034.60 
feet to the Government Meander Line of Link Lake and the 
point of beginning; thence North 88-0 53' 36" East along the 
south line of said Government Lot 7 a distance of 580.10 
feet, more or less, to the center line of County State Aid 
Highway No. 52; thence northwesterly along the center line 
of said County State Aid Highway No. 52 a distance of 110 
feet, more or less, to the center line of County Road No. 
340; thence continuing northwesterly along the center line 
of said County Road No. 340 a distance of 950 feet, more or 
less, to the west line of said Government Lot 7; thence 
South 01-0 06' 02" West along the west line of said 
Government Lot 7 a distance of 310.11 feet to the 
Government Meander Line of said Link Lake and a point that 
bears North 48-0 46' 13" West 388.92 feet from the point of 
beginning; thence South 64-0 05' 00" West along the boundary 
between said Government Lot 7 and Government Lot 8 a 
distance of 78 feet, more or less, to the water's edge of 
Link Lake; thence southeasterly along the water's edge of 
Link Lake to a point that bears South 64-0 05' 00" West from 
the point of beginning; thence North 64-0 05' 00" East 59 
feet, more or less, to the point of beginning.  Including 
all riparian rights to the contained 5.9 acres, more or 
less. 
     Sec. 7.  [EFFECTIVE DATE.] 
    Section 1 is effective August 1, 1988, and applies to 
crimes committed on or after that date. 
    Approved April 6, 1988