Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                        CHAPTER 353-S.F.No. 895 
           An act relating to natural resources; amending 
          provisions relating to the conservation reserve 
          program; changing authority over the conservation 
          reserve program from the commissioner of agriculture 
          to the board of water and soil resources; defining 
          certain terms; changing criteria for eligible land; 
          prohibiting grazing of land under future agreements; 
          providing conditions and payment for wetland 
          restoration; providing for enforcement and liability 
          for damages for violation of the terms of a 
          conservation easement or agreement; authorizing the 
          board to adopt rules; authorizing the commissioner of 
          agriculture to allow town boards to suspend the duty 
          of owners and occupants to control noxious weeds under 
          certain conditions; withdrawing certain marginal land 
          and wetlands from sale by the state unless restricted 
          by a conservation easement under certain conditions; 
          requiring certain acquisition procedures before the 
          commissioner of natural resources accepts agricultural 
          land or farm homesteads in fee from the federal 
          government; authorizing aliens and non-Americans to 
          own certain agricultural land to comply with pollution 
          control laws or rules; amending Minnesota Statutes 
          1988, sections 40.42; 40.43; 40.44; 40.45; 84.95, 
          subdivision 2; 282.018; 500.221, subdivision 2; Laws 
          1986, chapter 383, section 17, subdivision 4; 
          proposing coding for new law in Minnesota Statutes, 
          chapters 18; 40; 84; and 92. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  [18.189] [LOCAL SUSPENSION OF NOXIOUS WEED 
CONTROL.] 
    During a drought the commissioner of agriculture may 
authorize town boards to suspend the duty of owners and 
occupants of land to control noxious weeds under sections 18.191 
to 18.272, except under order by the commissioner or the local 
weed inspector. 
    Sec. 2.  Minnesota Statutes 1988, section 40.42, is amended 
to read: 
    40.42 [DEFINITIONS.] 
    Subdivision 1.  [APPLICABILITY.] The definitions in this 
section apply to sections 40.42 to 40.45 40.46. 
    Subd. 2.  [COMMISSIONER BOARD.] "Commissioner" means the 
commissioner of agriculture "Board" means the board of water and 
soil resources. 
    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 
40.43. 
    Subd. 5.  [DRAINED WETLAND.] "Drained wetland" means a 
former natural wetland that has been altered by draining, 
dredging, filling, leveling, or other manipulation sufficient to 
render the land suitable for agricultural crop production.  The 
alteration must have occurred before December 23, 1985, and must 
be a legal alteration as determined by the commissioner of 
natural resources. 
    Subd. 6.  [LANDOWNER.] "Landowner" means individuals, 
family farms, family farm partnerships, authorized farm 
partnerships, family farm corporations as defined under section 
500.24, subdivision 2, paragraph (c), and, authorized farm 
corporations as defined under section 500.24, subdivision 
2, paragraph (d), and estates and testamentary trusts, which 
either own eligible land or are purchasing eligible land under a 
contract for deed.  
    Subd. 6 7.  [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 board. 
    Subd. 8.  [PUBLIC WATERS.] "Public waters" means waters and 
wetlands as defined in section 105.37 and inventoried under 
section 105.391. 
    Subd. 9.  [SENSITIVE GROUNDWATER AREA.] "Sensitive 
groundwater area" means a geographic area defined by natural 
features where there is a significant risk of groundwater 
degradation from activities conducted at or near the land 
surface.  These areas may be identified by mapping or other 
appropriate methods determined by the commissioner of natural 
resources and the board of water and soil resources.  Wellhead 
protection areas may be designated as a sensitive groundwater 
area. 
    Subd. 7 10.  [WETLAND.] "Wetland" means land that has a 
predominance of hydric soils and that is inundated or saturated 
by surface or groundwater at a frequency and duration sufficient 
to support, or that periodically does support, a predominance of 
hydrophytic vegetation typically adapted for life in saturated 
soil conditions.  
    Subd. 8 11.  [WINDBREAK.] "Windbreak" means a strip or belt 
of trees, shrubs, or grass barriers at least six rows deep and 
within 300 feet of the right-of-way of a highway. 
    Sec. 3.  Minnesota Statutes 1988, section 40.43, is amended 
to read: 
    40.43 [CONSERVATION RESERVE PROGRAM.] 
    Subdivision 1.  [ESTABLISHMENT OF PROGRAM.] The board, in 
consultation with the commissioner of agriculture, in 
consultation with and the commissioner of natural resources, 
shall establish and administer a conservation reserve program.  
The commissioner of agriculture shall contract with the board of 
water and soil resources to shall implement sections 40.40 to 
40.44.  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.] (a) Land may be placed in the 
conservation reserve program if the land meets the requirements 
of paragraphs (b) and (c). 
    (b) Land is eligible if the land: 
    (1) is marginal agricultural land, or; 
    (2) is adjacent to marginal agricultural land and is either 
beneficial to resource protection or necessary for efficient 
recording of the land description, or; 
    (3) consists of a drained wetland, or; 
    (4) is land that with a windbreak would be beneficial to 
resource protection.; 
    (5) is cropland in a sensitive groundwater area; 
    (6) is cropland adjacent to public waters; 
    (7) is cropland adjacent to the restored wetland may also 
be enrolled wetlands to the extent of up to four acres of 
cropland for each acre of wetland restored; 
    (8) is a woodlot on agricultural land; 
    (9) is an abandoned building site on agricultural land, 
provided that funds are not used for compensation of the value 
of the buildings; or 
    (10) is land on a hillside used for pasture. 
    (c) Eligible land under paragraph (a) must: 
    (2) was (1) have been owned by the landowner on January 1, 
1985, or was be owned by the landowner, or a parent or other 
blood relative of the landowner, for at least three years one 
year before the date of application; 
    (3) is (2) be at least five acres in size, except for a 
windbreak, woodlot, abandoned building site, or is be a whole 
field as defined by the United States Agricultural Stabilization 
and Conservation Services; 
    (4) is (3) not be set aside, enrolled or diverted under 
another federal or state government program; and 
    (5) was (4) have been in agricultural crop production for 
at least two years during the period 1981 to 1985, except 
drained wetlands, woodlots, abandoned building sites, or land on 
a hillside used for pasture.  
    (d) The enrolled land of a landowner may not exceed 20 
percent of the landowner's total agricultural land acreage in 
the state, if the landowner owns at least 200 acres of 
agricultural land as defined by section 500.24, subdivision 2.  
If a landowner owns less than 200 acres of agricultural land the 
amount that may be enrolled in the conservation reserve is: 
    (a) all agricultural land owned, if 20 acres or less; or 
    (b) if the total agricultural land owned is more than 20 
acres but less than 200 acres, 20 acres plus ten percent of the 
balance of the agricultural land.  The enrolled land of a 
landowner may not exceed 20 percent of the average farm size in 
the county where the land is being enrolled according to the 
average farm size determined by the United States Department of 
Agriculture, Census of Agriculture. 
    (e) In selecting drained wetlands for enrollment in the 
program, the highest priority must be given to wetlands with a 
cropping history during the period 1976 to 1985. 
    (f) In selecting land for enrollment in the program, 
highest priority must be given to permanent easements that are 
consistent with the purposes stated in section 40.41.  
     Subd. 3.  [CONSERVATION EASEMENTS.] The commissioner board 
may acquire conservation easements on eligible land.  An 
easement may be permanent or of limited duration.  An easement 
acquired on land for windbreak purposes, under subdivision 2, 
may be only of permanent duration.  An easement of limited 
duration may not be acquired if it is for a period less than 20 
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 
board; 
    (2) agricultural crop production, unless specifically 
approved by the commissioner board for wildlife management 
purposes; 
    (3) grazing of livestock unless except, for agreements 
entered before the effective date of this act, grazing of 
livestock may be allowed only if approved by the 
commissioner board 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 board 
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 board; or to plant trees or carry 
out other long-term capital improvements approved by the 
commissioner board for soil and water conservation or wildlife 
management; 
    (3) to restore any drained wetland and to convey to the 
state a permanent easement for the wetland restoration; 
    (4) that other land supporting natural vegetation owned or 
leased as part of the same farm operation at the time of 
application, if it supports natural vegetation or has not been 
used in agricultural crop production, will not be converted to 
agricultural crop production or pasture; and 
    (5) to the enforcement of the terms of the easement and 
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; and 
    (6) that the easement duration may be lengthened through 
mutual agreement with the board in consultation with the 
commissioners of agriculture and natural resources if they 
determine that the changes effectuate the purpose of the program 
or to facilitate facilitates its administration. 
    Subd. 6.  [PAYMENTS FOR CONSERVATION EASEMENTS AND 
ESTABLISHMENT OF COVER.] (a) The commissioner board 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 percent of the total 
eligible cost not to exceed $75 per acre for limited duration 
easements, and 100 percent of the total eligible cost not to 
exceed $100 per acre for perpetual easements, and 100 percent of 
the total eligible cost of wetland restoration not to exceed 
$300 per acre; 
    (2) for the cost of planting trees required by the 
agreement, up to 75 percent of the total eligible cost not to 
exceed $200 per acre for limited duration easements, and 100 
percent of the total eligible cost not to exceed $300 per acre 
for perpetual easements; 
    (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 of easement application; 
    (4) for an easement of limited duration, 90 percent of the 
present value of the average of the accepted bids for the 
federal conservation reserve program, as contained in Public Law 
Number 99-198, in the relevant geographic area and on bids 
accepted at the time of easement application; or 
    (5) an alternative payment system for easements based on 
cash rent or a similar system as may be determined by the 
commissioner board. 
    The commissioner may not pay more than $50,000 to a 
landowner for all the landowner's conservation easements and 
agreements. 
     (b) For hillside pasture conservation easements, the 
payments to the landowner for the conservation easement and 
agreement must be reduced to reflect the value of similar 
property. 
    Subd. 7.  [EASEMENT RENEWAL.] When a conservation easement 
of limited duration expires, a new conservation easement and 
agreement for an additional period of not less than 20 years may 
be acquired by agreement of the commissioner board and the 
landowner, under the terms of this section.  The 
commissioner board 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. 
    Subd. 8.  [CORRECTION OF CONSERVATION EASEMENT BOUNDARY 
LINES.] To correct errors in legal descriptions for easements 
obtained that affect the ownership interests in the state and 
adjacent landowners, the commissioner board may, in the name of 
the state, with the approval of the attorney general, 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. 
    Subd. 9.  [ENFORCEMENT AND DAMAGES.] (a) A landowner who 
violates the terms of a conservation easement or agreement under 
this section, or induces, assists, or allows another to do so, 
is liable to the state for treble damages if the trespass is 
willful, but liable for double damages only if the trespass is 
not willful.  The amount of damages is the amount needed to make 
the state whole or the amount the landowner has gained due to 
the violation, whichever is greater. 
    (b) Upon the request of the board, the attorney general may 
commence an action for specific performances, injunctive relief, 
damages, including attorney fees, and any other appropriate 
relief to enforce sections 40.41 to 40.45 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. 
    Sec. 4.  Minnesota Statutes 1988, section 40.44, is amended 
to read: 
    40.44 [COOPERATION AND TECHNICAL ASSISTANCE; SUPPLEMENTAL 
CONSERVATION PAYMENT.] 
    Subdivision 1.  [COOPERATION.] In implementing sections 
40.41 to 40.44 the commissioner board must share information and 
cooperate with the department of agriculture, 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 board 
and 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 board on (1) the form and content of the 
conservation easement and agreement; (2) forestry and agronomic 
practices; and (3) hydrologic and hydraulic design relating to 
the establishment and maintenance of permanent cover, or other 
conservation improvements.  The commissioner of transportation 
must provide technical advice and assistance to 
the commissioners board and the commissioner of agriculture and 
natural resources on the planting of windbreaks adjacent to 
highways.  The commissioners of agriculture board and 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 board may supplement payments made under federal 
land retirement programs to the extent of available 
appropriations other than bond proceeds.  The supplemental 
payments must be used to establish perennial cover on land 
enrolled or increase payments for land enrollment in programs 
approved by the commissioner board, including the federal 
conservation reserve program and federal and state waterbank 
program.  
    Subd. 4.  [FOOD PLOTS IN WINDBREAKS.] The board, in 
cooperation with the commissioner of natural resources, may 
authorize wildlife food plots on land with windbreaks. 
    Sec. 5.  Minnesota Statutes 1988, section 40.45, is amended 
to read: 
    40.45 [RULEMAKING.] 
    The commissioner board may adopt emergency rules to 
implement Laws 1987, chapter 357.  The emergency rules adopted 
on August 27, 1986, shall remain in effect until December 31, 
1987, or until amended or replaced by emergency or permanent 
rules sections 40.41 to 40.45.  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. 6.  [40.46] [RESERVATION OF MARGINAL LAND AND 
WETLANDS.] 
    Subdivision 1.  [RESERVATION OF MARGINAL LAND AND 
WETLANDS.] Notwithstanding any other law, marginal land and 
wetlands are withdrawn from sale by the state unless use of the 
marginal land or wetland is restricted by a conservation 
easement as provided in this section.  This section does not 
apply to transfers of land by the board of water and soil 
resources to correct errors in legal descriptions under section 
40.43, subdivision 8, or to transfers by the commissioner of 
natural resources for: 
    (1) land that is currently in nonagricultural commercial 
use if a conservation easement would interfere with the 
commercial use; 
    (2) land in platted subdivisions; 
    (3) conveyances of land to correct errors in legal 
descriptions under section 84.0273; 
    (4) exchanges of nonagricultural land with the federal 
government, or exchanges of Class A, Class B, and Class C 
nonagricultural land with local units of government under 
sections 94.342, 94.343, 94.344, and 94.349; 
    (5) land transferred to political subdivisions for public 
purposes under sections 84.027, subdivision 10, and 94.10; and 
    (6) land not needed for trail purposes that is sold to 
adjacent property owners and lease holders under section 85.015, 
subdivision 1, paragraph (b). 
    Subd. 2.  [DELINEATION OF WETLAND OR MARGINAL LAND.] (a) 
Before state land is sold, the land must be submitted to the 
board of water and soil resources to determine and delineate the 
marginal land and wetlands to be reserved or restricted by a 
conservation easement.  The delineation of the reservation or 
conservation easement need not be by legal description and may 
be a description in general terms that identifies the marginal 
land or wetlands.  
    (b) Marginal land and wetlands may not be sold unless 
restricted by a conservation easement with the restrictions 
provided in section 40.43, subdivision 4, paragraphs (a) and 
(c), and other restrictions determined necessary by the board of 
water and soil resources.  
    Subd. 3.  [SCHOOL TRUST LAND.] If the sale of school trust 
land as defined in section 92.025 is restricted by a 
conservation easement and the restriction results in a reduction 
of the amount received from the sale, the commissioner of 
natural resources must determine the amount of the reduction.  
The amount of the reduction in sale price must be paid from 
appropriations to acquire conservation easements and shall be 
credited to the account to which the proceeds from the sale are 
credited.  
    Subd. 4.  [RELEASE AND ALTERATION OF CONSERVATION 
EASEMENT.] The board of water and soil resources may alter, 
release, or terminate a conservation easement created under this 
section after consultation with the commissioners of agriculture 
and natural resources.  The board of water and soil resources 
may alter, release, or terminate a conservation easement only if 
the board determines the public interests and general welfare 
are better served by the alteration, release, or termination. 
    Sec. 7.  [84.0276] [LAND TRANSFERS BY A FEDERAL AGENCY.] 
    Before the commissioner of natural resources accepts 
agricultural land or a farm homestead transferred in fee by a 
federal agency, the commissioner must consult with the board of 
water and soil resources for a determination of marginal land, 
tillable farmland, and farm homestead.  The commissioner must 
comply with the acquisition procedure under section 97A.145, 
subdivision 2, if the agricultural land or farm homestead was in 
an agricultural preserve as provided in section 40A.10. 
    Sec. 8.  Minnesota Statutes 1988, section 84.95, 
subdivision 2, is amended to read: 
    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 84.942; 
    (2) implementation of the conservation reserve program 
established by section 40.43; 
    (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, federally 
recognized Indian tribes and bands, 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 rules; 
    (9) information and education; 
    (10) implementing the aspen recycling program under section 
88.80 and for other forest wildlife management projects; and 
    (11) necessary support services to carry out these purposes.
    Sec. 9.  Minnesota Statutes 1988, section 282.018, is 
amended to read: 
    282.018 [TAX-FORFEITED LAND; MEANDERED LAKES, NONFORESTED 
MARGINAL LAND, AND WETLANDS; SALE; EXCEPTION.] 
    Subdivision 1.  [PROPERTY ON OR ADJACENT TO PUBLIC WATERS.] 
All land which is the property of the state as a result of 
forfeiture to the state for nonpayment of taxes, regardless of 
whether the land is held in trust for taxing districts, and 
which borders on or is adjacent to meandered lakes and other 
public waters and watercourses, and the live timber growing or 
being thereon, is hereby withdrawn from sale except as 
hereinafter provided.  The authority having jurisdiction over 
the timber on any such lands may sell the timber as otherwise 
provided by law for cutting and removal under such conditions as 
the authority may prescribe in accordance with approved, 
sustained yield forestry practices.  The authority having 
jurisdiction over the timber shall reserve such timber and 
impose such conditions as the authority deems necessary for the 
protection of watersheds, wildlife habitat, shorelines, and 
scenic features.  Within the area in Cook, Lake, and St. Louis 
counties described in the Act of Congress approved July 10, 1930 
(46 Stat. 1020), the timber on tax-forfeited lands shall be 
subject to like restrictions as are now imposed by that act on 
federal lands.  
    Of all tax-forfeited land bordering on or adjacent to 
meandered lakes and other public waters and watercourses and so 
withdrawn from sale, a strip two rods in width, the ordinary 
high-water mark being the water side boundary thereof, and the 
land side boundary thereof being a line drawn parallel to the 
ordinary high-water mark and two rods distant landward 
therefrom, hereby is reserved for public travel thereon, and 
whatever the conformation of the shore line or conditions 
require, the authority having jurisdiction over such lands shall 
reserve a wider strip for such purposes.  
    Any tract or parcel of land which has 50 feet or less of 
waterfront may be sold by the authority having jurisdiction over 
the land, in the manner otherwise provided by law for the sale 
of such lands, if the authority determines that it is in the 
public interest to do so.  If the authority having jurisdiction 
over the land is not the commissioner of natural resources, the 
land may not be offered for sale without the prior approval of 
the commissioner of natural resources. 
    Subd. 2.  [MARGINAL LAND AND WETLANDS.] Nonforested 
marginal land and wetlands on land that is property of the state 
as a result of forfeiture to the state for nonpayment of taxes 
is withdrawn from sale as provided in section 40.46 unless 
restricted by a conservation easement as provided in section 
40.46. 
    Sec. 10.  Minnesota Statutes 1988, section 500.221, 
subdivision 2, is amended to read: 
    Subd. 2.  [ALIENS AND NON-AMERICAN CORPORATIONS.] Except as 
hereinafter provided, no natural person shall acquire directly 
or indirectly any interest in agricultural land unless the 
person is a citizen of the United States or a permanent resident 
alien of the United States.  In addition to the restrictions in 
section 500.24, no corporation, partnership, limited 
partnership, trustee, or other business entity shall directly or 
indirectly, acquire or otherwise obtain any interest, whether 
legal, beneficial or otherwise, in any title to agricultural 
land unless at least 80 percent of each class of stock issued 
and outstanding or 80 percent of the ultimate beneficial 
interest of the entity is held directly or indirectly by 
citizens of the United States or permanent resident aliens.  
This section shall not apply:  
    (1) to agricultural land that may be acquired by devise, 
inheritance, as security for indebtedness, by process of law in 
the collection of debts, or by any procedure for the enforcement 
of a lien or claim thereon, whether created by mortgage or 
otherwise.  All agricultural land acquired in the collection of 
debts or by the enforcement of a lien or claim shall be disposed 
of within three years after acquiring ownership; 
    (2) to citizens or subjects of a foreign country whose 
rights to hold land are secured by treaty; 
    (3) to lands used for transportation purposes by a common 
carrier, as defined in section 218.011, subdivision 2; 
    (4) to lands or interests in lands acquired for use in 
connection with mining and mineral processing operations.  
Pending the development of agricultural land for mining purposes 
the land may not be used for farming except under lease to a 
family farm, a family farm corporation or an authorized farm 
corporation; 
    (5) to agricultural land operated for research or 
experimental purposes if the ownership of the agricultural land 
is incidental to the research or experimental objectives of the 
person or business entity and the total acreage owned by the 
person or business entity does not exceed the acreage owned on 
May 27, 1977; or 
    (6) to the purchase of any tract of 40 acres or less for 
facilities incidental to pipeline operation by a company 
operating a pipeline as defined in section 116I.01, subdivision 
3; or 
    (7) to agricultural land and land capable of being used as 
farmland used for processing operations of agricultural 
commodities reasonably necessary to meet the requirements of 
pollution control laws or rules. 
    Sec. 11.  Laws 1986, chapter 383, section 17, subdivision 
4, is amended to read: 
    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 and other forest 
wildlife management projects 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
    Sec. 12.  [92.70] [LAND USE TRESPASS.] 
    Subdivision 1.  [PUBLIC LAND DEFINITION.] "Public land" 
means publicly owned land or interests in land including land 
and interests in land that are owned by the state, counties, or 
road authorities, administered by the commissioner of natural 
resources, owned by the state as beds of navigable waters, 
acquired as conservation easements with benefits running to the 
state, a county, or the public under the conservation reserve 
program, water bank program, or other state or county programs.  
    Subd. 2.  [CASUAL TRESPASS.] (a) A person who uses public 
land for personal use or personal economic gain where the use is 
prohibited is guilty of trespass and a petty misdemeanor and 
shall be subject to a penalty not to exceed $50 per occurrence 
and is subject to a civil penalty for twice the amount of actual 
damages.  
    (b) A person violating paragraph (a) may be issued a ticket 
by a sheriff, conservation officer, or personnel of the 
department designated by the commissioner.  The ticket must 
identify the trespass, where the trespass occurred, and the 
official observing the trespass.  A copy of the ticket must be 
sent to the public agency responsible for managing the land.  
    (c) The civil penalty shall be paid to the public agency 
responsible for managing the public land.  A civil penalty paid 
to the state is appropriated to the state agency responsible for 
managing the land to restore the damage and improve state land.  
    (d) Within 60 days after a ticket is issued, the public 
agency responsible for managing the public land where the 
trespass occurred must make a determination of whether a civil 
penalty will be sought for the trespass and notify the person.  
    Subd. 3.  [WILLFUL TRESPASS.] (a) A person who willfully 
and knowingly uses public land for personal use or personal 
economic gain where the use is prohibited is guilty of trespass 
and a misdemeanor and is liable to the state or county for a 
civil penalty three times the amount of the damage.  
    (b) A person violating paragraph (a) may be issued a ticket 
and summons for a court appearance.  The prosecuting authority 
shall prosecute the misdemeanor and shall bring an action for 
the civil penalty or, on failure to do so, the attorney general 
at the request of the public agency responsible for managing the 
land may prosecute the misdemeanor and shall bring an action for 
the civil penalty.  
    (c) Damages must be determined as the greater of: 
    (1) the cost to restore the public land to the condition it 
was in before the trespass occurred plus an amount to compensate 
the public for the loss of use; or 
    (2) the economic gain realized by the person committing the 
trespass.  
    (d) The civil penalty shall be paid to the court and the 
court administrator shall pay:  
    (1) for a trespass on county land, the entire amount to the 
county to be used for restoration of the trespass and county 
land improvement purposes; 
    (2) for a trespass on state land, the civil penalty to the 
state agency responsible for managing the public land which is 
appropriated for restoration of the trespass and state land 
improvement purposes.  
    Subd. 4.  [SEPARATE ACTIONS.] The prosecution for criminal 
trespass and the civil penalty are separate criminal and civil 
actions.  If a trespass occurs, an action may be commenced for 
the criminal penalty, the civil penalty, or the civil penalty 
and the criminal penalty. 
    Sec. 13.  [EFFECTIVE DATE.] 
    This act is effective July 1, 1989.  Sections 6 and 9 apply 
to state land and tax-forfeited land sold after March 15, 1990. 
    Presented to the governor May 30, 1989 
    Signed by the governor June 1, 1989, 11:05 p.m.