Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                        CHAPTER 259-H.F.No. 450 
           An act relating to state lands; authorizing additions 
          and deletions from certain state parks; authorizing 
          nonpark use of certain state parks; authorizing sale 
          and conveyance of certain state park lands; 
          authorizing acquisition of certain land for road 
          purposes; providing for the establishment of Grand 
          Portage State Park; appropriating money; amending 
          Minnesota Statutes 1988, section 85.012, subdivision 
          27a, and by adding a subdivision; repealing Minnesota 
          Statutes 1988, section 85.012, subdivision 39. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  [ADDITIONS TO AND DELETIONS FROM CERTAIN STATE 
PARKS.] 
    Subdivision 1.  [85.012] [Subd. 9.] [BUFFALO RIVER STATE 
PARK, CLAY COUNTY.] The following area is added to Buffalo River 
State Park:  The South Half of the Northeast Quarter of Section 
14, Township 139 North, Range 46 West. 
     Subd. 2.  [85.012] [Subd. 10.] [CAMDEN STATE PARK, LYON 
COUNTY.] The following area is added to Camden State Park:  That 
part of the Northeast Quarter and the North Half of the 
Southeast Quarter, both in Section 17, Township 110 North, Range 
42 West, lying easterly of the easterly right-of-way line of the 
Burlington Northern Railroad Company as now located and 
established and westerly of the westerly right-of-way line of 
Trunk Highway No. 23 as now located and established. 
    Subd. 3.  [85.012] [Subd. 15.] [FATHER HENNEPIN STATE PARK, 
MILLE LACS COUNTY.] The following area is added to Father 
Hennepin State Park:  Lots 10, 11, and 12, Block 1, 
Christiansen's Addition to the Village of Isle. 
    Subd. 4.  [85.012] [Subd. 23.] [GLACIAL LAKES STATE PARK, 
POPE COUNTY.] The following area is added to Glacial Lakes State 
Park:  The Northwest Quarter of the Southwest Quarter of Section 
19, Township 124 North, Range 38 West. 
    Subd. 5.  [85.012] [Subd. 35.] [LAKE CARLOS STATE PARK, 
DOUGLAS COUNTY.] The following area is added to Lake Carlos 
State Park:  All that part of the Northwest Quarter of the 
Southwest Quarter and the Southwest Quarter of the Southwest 
Quarter of Section 15 and all that part of Government Lots 3 and 
4 of Section 16, Township 129 North, Range 37 West of the 5th 
P.M. bounded by the west quarter line and the west 1/16 line of 
said Section 15 and the following described lines:  Beginning at 
a point on the west quarter line of said Section 15, 248.25 feet 
east from the west quarter corner thereof; and from which the 
west quarter corner of said Section 15 bears North 89 degrees, 
49 minutes West from the point of beginning; thence South 00 
degrees, 11 minutes West, 66.0 feet, thence North 89 degrees, 49 
minutes West, 66.0 feet, thence South 00 degrees, 11 minutes 
West, 202.0 feet, thence deflecting right around a 53 degrees, 
50 minutes curve for a distance of 76.7 feet, thence South 40 
degrees, 00 minutes West, 22.5 feet, thence deflecting left 
around a 20 degrees, 40 minutes curve for a distance of 79.5 
feet, thence South 23 degrees, 39 minutes West, 722.3 feet, 
thence deflecting to the right around a 8 degrees, 27 minutes 
curve for a distance of 244.06 feet, thence South 44 degrees, 16 
minutes West, 239.0 feet, thence South 45 degrees, 44 minutes 
East, 316.7 feet, thence deflecting left around a 32 degrees, 20 
minutes curve a distance of 139.0 feet, thence North 90 degrees, 
00 minutes East, 1407.7 feet more or less to the west 1/16 line 
of said Section 15 and there terminating. 
    Subd. 6.  [85.012] [Subd. 38.] [LAKE SHETEK STATE PARK, 
MURRAY COUNTY.] The following area is deleted from Lake Shetek 
State Park:  Government Lots 5 and 6 of Section 7, Township 107 
North, Range 40 West. 
    Subd. 7.  [85.012] [Subd. 40.] [MCCARTHY BEACH STATE PARK, 
ST. LOUIS COUNTY.] The following area is deleted from McCarthy 
Beach State Park:  The East Half of the Northeast Quarter, 
Government Lot 4, Government Lot 5, the Southwest Quarter of the 
Southeast Quarter, and the East Half of the Southeast Quarter, 
all in Section 35, Township 60 North, Range 21 West. 
    Sec. 2.  [NONPARK USE OF LAND IN BUFFALO RIVER STATE PARK, 
CLAY COUNTY.] 
    Notwithstanding Minnesota Statutes, sections 85.011, 
85.012, and 85.053, the commissioner of natural resources, in 
the name of the state, may quitclaim and convey without 
compensation up to ten acres of land included within Buffalo 
River State Park to Moorhead state university which will not be 
subject to the conditions of the state park on the conditions 
that:  (1) Moorhead state university will operate and maintain a 
science center on the land; (2) the science center is to be 
known as the Barlage science center; (3) the science center will 
be under the control and supervision of Moorhead state 
university; and (4) the land reverts to the state if Moorhead 
state university fails to maintain and operate the land and 
facilities for the purposes of the science center.  The 
conveyance must be in a form approved by the attorney general.  
    Sec. 3.  [ACQUISITION OF ROAD FOR CARLEY STATE PARK, 
WABASHA COUNTY.] 
    The commissioner may acquire up to three acres in fee 
ownership or easement in the Southeast Quarter of the Southwest 
Quarter of Section 32, Township 108 North, Range 11 West for 
road purposes for Carley State Park, Wabasha county.  
    Sec. 4.  [NONPARK USE OF LAND IN INTERSTATE PARK, CHISAGO 
COUNTY.] 
    Notwithstanding Minnesota Statutes, sections 85.011, 
85.012, and 85.053, the commissioner may sell up to two acres of 
state land in Interstate Park, Chisago county, within the 
Southwest Quarter of the Southwest Quarter of Section 25, 
Township 34 North, Range 19 West, which contains the state-owned 
house and attached garage and will not be subject to the 
conditions of the state park. 
    Sec. 5.  [LITTLE ELBOW LAKE STATE PARK ABOLISHED.] 
    Little Elbow Lake State Park is abolished and the 
commissioner of natural resources shall transfer land in the 
park according to Public Law Number 99-264.  The commissioner of 
natural resources shall close the park and remove and dispose of 
state property as the commissioner determines necessary.  
     Sec. 6.  Minnesota Statutes 1988, section 85.012, is 
amended by adding a subdivision to read:  
    Subd. 27a.  Grand Portage State Park, Cook county.  
    Sec. 7.  [GRAND PORTAGE STATE PARK.] 
    Subdivision 1.  [BOUNDARY.] Grand Portage State Park is 
established and the following described lands are located within 
the boundaries of the park: 
    In Township 64 North, Range 6 East: 
    All of Government Lots 2, 3, and 4, and the East half of 
Government Lot 1 of section 24. 
    In Township 64 North, Range 7 East: 
    All of Government Lot 1 of Section 19.  All of Government 
Lot 5 of Section 29.  All of Government Lot 3 of Section 30.  
All of Government Lot 2 of Section 30.  
    Subd. 2.  [ACQUISITION.] (a) Except as provided in 
paragraph (b), the commissioner of natural resources is 
authorized to acquire by gift or purchase the lands for Grand 
Portage State Park. 
    (b) Except as provided in paragraphs (c) and (d) of this 
subdivision, the commissioner of natural resources may not 
acquire a fee simple interest in land of the United States or 
the Grand Portage Band within the boundaries of Grand Portage 
State Park for park purposes.  The commissioner may not limit 
access by the Grand Portage Band across Government Lot 2, 
Section 30, or Government Lot 5, Section 29, both in Township 64 
North, Range 7 East.  However, the commissioner may acquire 
leasehold or other lesser interests in lands of the United 
States or the Band as may be necessary for development or 
operation of the park.  
    (c) After the land is acquired, the commissioner shall 
transfer title by quitclaim deed in the name of the state to the 
United States of America in trust for the Grand Portage Band of 
Chippewa Indians on condition that the Band, with the approval 
of the appropriate agency of the United States, must lease the 
land, at a nominal consideration of not to exceed $100 per year, 
to the state for not less than 25 years, with the option to 
renew for an additional 25 years, for management and operation 
as a state park in the same manner as other state parks are 
administered.  
    (d) If at any time after termination of the lease the land 
is not used for public park purposes consistent with its past 
park use, it shall revert to the state and be used for public 
park purposes consistent with the park plan.  This reverter is 
perpetual, notwithstanding the provisions of Minnesota Statutes, 
sections 500.20, 541.023, or any other law to the contrary.  
    Subd. 3.  [PAYMENT IN LIEU OF TAXES FOR PRIVATE 
TRACTS.] (a) If a tract or lot of privately owned land is 
acquired for inclusion within Grand Portage State Park and, as a 
result of the acquisition, taxes are no longer assessed against 
the tract or lot or improvements on the tract or lot, the 
following amount shall be paid by the commissioner of natural 
resources to Cook county for distribution to the taxing 
districts:  
     (1) in the first year after taxes are last required to be 
paid on the property, 80 percent of the last required payment; 
     (2) in the second year after taxes are last required to be 
paid on the property, 60 percent of the last required payment; 
     (3) in the third year after taxes are last required to be 
paid on the property, 40 percent of the last required payment; 
and 
     (4) in the fourth year after taxes are last required to be 
paid on the property, 20 percent of the last required payment.  
    (b) The commissioner shall make the payments from money 
appropriated for state park maintenance and operation.  The 
county auditor shall certify to the commissioner of natural 
resources the total amount due to a county on or before March 30 
of the year in which money must be paid pursuant to this 
section.  Money received by a county pursuant to this 
subdivision shall be distributed to the various taxing districts 
in the same proportion as the levy on the property in the last 
year taxes were required to be paid on the property.  
    Subd. 4.  [COOPERATION REQUIRED.] For the purpose of 
maximizing public outdoor recreational opportunities in the 
vicinity of the Pigeon River, at the request of the Grand 
Portage Band, the commissioner of natural resources shall 
cooperate, to the greatest extent possible, with the Grand 
Portage Band and Cook county in regard to outdoor recreation and 
tourism development such as the Superior Hiking Trail.  
    Subd. 5.  [ADVISORY COMMITTEE.] The commissioner of natural 
resources must create an advisory committee to provide direction 
on the establishment, planning, development, and operation of 
the park.  The commissioner of natural resources or the 
commissioner's designated representative is the chair of the 
advisory committee and the membership must include:  
     (1) a representative of the Grand Portage Band, appointed 
by the Band; 
    (2) a citizen of the state, designated by the Grand Portage 
Band; 
    (3) a citizen of Cook county, designated by the county 
board; and 
    (4) for the first five years following the authorization of 
the park, a member of the Minnesota parks and trails council and 
foundation, designated by the foundation.  
    Sec. 8.  Minnesota Statutes 1988, section 85.012, 
subdivision 27a, is amended to read:  
    Subd. 27a. 27b.  Hill-Annex Mine state park, Itasca county. 
    Sec. 9.  [APPROPRIATION.] 
    Subdivision 1.  $350,000 is appropriated from the land 
acquisition account in the special revenue fund to the 
commissioner of natural resources to acquire lands and interests 
in lands within Grand Portage State Park as established in this 
act. 
    Subd. 2.  $40,000 is appropriated from the land acquisition 
account in the special revenue fund to acquire land within the 
boundaries of Sibley State Park. 
    Sec. 10.  [REPEALER.] 
    Minnesota Statutes 1988, section 85.012, subdivision 39, is 
repealed.  
    Sec. 11.  [EFFECTIVE DATE.] 
    This act is effective the day following final enactment. 
    Presented to the governor May 23, 1989 
    Signed by the governor May 25, 1989, 6:15 p.m.