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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                             CHAPTER 39-S.F.No. 227 
                  An act relating to local government; providing for the 
                  distribution of certain federal payments; amending 
                  Minnesota Statutes 1996, section 471.653. 
           Section 1.  Minnesota Statutes 1996, section 471.653, is 
        amended to read: 
           Federal payment in lieu of taxes on entitlement lands made 
        pursuant to United States Code, title 31, sections 6901 to 6906 
        must be transferred by a county to the home rule or statutory 
        city or town where the entitlement land is located if the county 
        board determines that the statutory or home rule city or town is 
        the principal provider of one or more governmental services 
        affecting the use of entitlement lands and if the total annual 
        federal payment to the county is $5,000 or more.  The county 
        board shall make its determination based on factors which must 
        include:  (1) whether the city or town has at least 60 acres of 
        land within the entitlement lands; (2) whether city or town 
        roads are the primary access to the entitlement lands; and (3) 
        whether the city or town provides one or more specific services 
        to the entitlement lands such as fire protection, police 
        protection, and search and rescue services; and (4) whether the 
        city or town is primarily responsible for, or land use planning 
        and official controls. 
           The distribution of federal payment in lieu funds shall be 
        made by the county board to a qualifying city or town in the 
        proportion that the acreage of entitlement land located in each 
        bears to the total acreage of entitlement land in the county.  
        If more than 25 percent of entitlement acreage in a county is 
        located in qualifying cities or towns, there shall be a pro rata 
        reduction in each qualifying city or town's share, so that only 
        30 percent of the total county payment is distributed. 
           Sec. 2.  [EFFECTIVE DATE.] 
           Section 1 is effective the day following its final 
           Presented to the governor April 17, 1997 
           Signed by the governor April 21, 1997, 10:14 a.m.