Skip to main content Skip to office menu Skip to footer
Minnesota Legislature

Office of the Revisor of Statutes

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

                            CHAPTER 241-H.F.No. 2383 
                  An act relating to natural resources; providing for 
                  the disposition of certain timber sales receipts; 
                  creating a forest management investment account; 
                  modifying the forest resources Interagency Information 
                  Cooperative; modifying the State Timber Act; modifying 
                  provisions for timber sales on tax-forfeited land; 
                  appropriating money; amending Minnesota Statutes 2002, 
                  sections 84A.51, subdivision 2; 89.035; 89A.09, 
                  subdivision 1; 90.02; 90.181, subdivision 2; 90.191, 
                  subdivision 2, by adding a subdivision; 90.252; 
                  282.04, subdivision 1; Minnesota Statutes 2003 
                  Supplement, sections 90.101, subdivision 1; 90.14; 
                  90.151, subdivision 1; Laws 2003, chapter 128, article 
                  1, section 5, subdivision 4; proposing coding for new 
                  law in Minnesota Statutes, chapter 89; repealing 
                  Minnesota Statutes 2003 Supplement, section 90.191, 
                  subdivisions 3, 4. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2002, section 84A.51, 
        subdivision 2, is amended to read: 
           Subd. 2.  [FUNDS TRANSFERRED; APPROPRIATED.] Money in any 
        fund established under section 84A.03, 84A.22, or 84A.32, 
        subdivision 2, is transferred to the consolidated account, 
        except as provided in subdivision 3.  The money in the 
        consolidated account, or as much of it as necessary, is 
        appropriated for the purposes of sections 84A.52 and 84A.53.  Of 
        any remaining balance, the amount derived from timber sales 
        receipts is transferred to the forest management investment 
        account and the amount derived from all other receipts is 
        transferred to the general fund. 
           [EFFECTIVE DATE.] This section is effective July 1, 2004.  
           Sec. 2.  Minnesota Statutes 2002, section 89.035, is 
        amended to read: 
           89.035 [INCOME FROM STATE FOREST LANDS; DISPOSITION.] 
           All income which may be received from lands acquired by the 
        state heretofore or hereafter for state forest purposes by gift, 
        purchase or eminent domain and tax-forfeited lands to which the 
        county has relinquished its equity to the state for state forest 
        purposes shall be paid into the state treasury and credited to 
        the general fund as provided in this section, except where the 
        conveyance to and acceptance by the state of lands for state 
        forest purposes provides for other disposition of receipts.  The 
        income derived from timber sales receipts shall be credited to 
        the forest management investment account and the amounts derived 
        from all other receipts shall be credited to the general fund.  
           [EFFECTIVE DATE.] This section is effective July 1, 2004.  
           Sec. 3.  [89.039] [FOREST MANAGEMENT INVESTMENT ACCOUNT.] 
           Subdivision 1.  [ACCOUNT ESTABLISHED; SOURCES.] The forest 
        management investment account is created in the natural 
        resources fund in the state treasury and money in the account 
        may be spent only for the purposes provided in subdivision 2.  
        The following revenue shall be deposited in the forest 
        management investment account: 
           (1) timber sales receipts transferred from the consolidated 
        conservation areas account as provided in section 84A.51, 
        subdivision 2; 
           (2) timber sales receipts from forest lands as provided in 
        section 89.035; and 
           (3) interest accruing from investment of the account. 
           Subd. 2.  [PURPOSES OF ACCOUNT.] Subject to appropriation 
        by the legislature, money in the forest management investment 
        account may be spent by the Department of Natural Resources in 
        accordance with the forest resource management policy and plan 
        for any of the following purposes: 
           (1) reforestation and timber stand improvement, including 
        forest pest management; 
           (2) timber sales administration, contract marking of 
        commercial thinning sales, cultural resource reviews, and other 
        timber sales costs; and 
           (3) state forest road maintenance costs that exceed 
        appropriations under section 89.70. 
           [EFFECTIVE DATE.] This section is effective July 1, 2004. 
           Sec. 4.  Minnesota Statutes 2002, section 89A.09, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ESTABLISHMENT.] The commissioner dean of 
        the University of Minnesota, College of Natural Resources, shall 
        be encouraged to coordinate the establishment of an Interagency 
        Information Cooperative.  Members of the cooperative must 
        include: 
           (1) the University of Minnesota, College of Natural 
        Resources; 
           (2) the University of Minnesota, Natural Resources Research 
        Institute; 
           (3) the department; 
           (2) (4) the Land Management Information Center; 
           (3) (5) the Minnesota Association of County Land 
        Commissioners; 
           (4) (6) the United States Forest Service; and 
           (5) (7) other organizations as deemed appropriate by the 
        commissioner members. 
           Sec. 5.  Minnesota Statutes 2002, section 90.02, is amended 
        to read: 
           90.02 [CITATION, STATEMENT OF POLICY.] 
           This chapter may be cited as the State Timber Act.  
           It is the intent and desire of the Minnesota legislature to 
        provide equal opportunity for all segments of our society to 
        participate in the sale process; and attempt to prevent the 
        purchase or acquisition of excessive volumes of the state's 
        timber resources by any one individual or corporation.  
           The Department of Natural Resources is directed to enact 
        rules commissioner shall establish specific timber sale 
        allocation standards to reach this objective; including 
        provision for sale of all timber species by both the informal 
        and the auction sale each method of sale specified in this 
        chapter; and maintaining reasonable proportions of volume in 
        each method of sale.  The standards shall be included in each 
        edition of the timber sales manual published by the 
        commissioner.  The standards are not subject to the rulemaking 
        provisions of chapter 14 and section 14.386 does not apply. 
           Sec. 6.  Minnesota Statutes 2003 Supplement, section 
        90.101, subdivision 1, is amended to read: 
           Subdivision 1.  [SALE REQUIREMENTS.] The commissioner may 
        sell the timber on any tract of state land in lots not exceeding 
        6,000 cords in volume and may determine the number of sections 
        or fractional sections of land to be included in the permit area 
        covered by any one permit issued to the purchaser of timber on 
        state lands, or in any one contract or other instrument relating 
        thereto.  No timber shall be sold, except (1) to the highest 
        responsible bidder at public auction, or (2) if unsold at public 
        auction the commissioner may offer the timber for private sale 
        for a period of no more than six months after the public auction 
        to any person who pays the appraised value for the timber.  The 
        minimum price shall be the appraised value as fixed by the 
        report of the state appraiser.  Sales may include tracts in more 
        than one contiguous county or forestry administrative area and 
        shall be held either in the county or forestry administrative 
        area in which the tract is located or in an adjacent county or 
        forestry administrative area that is nearest the tract offered 
        for sale or that is most accessible to potential bidders.  In 
        adjoining counties or forestry administrative areas, sales may 
        not be held less than two hours apart. 
           Sec. 7.  Minnesota Statutes 2003 Supplement, section 90.14, 
        is amended to read: 
           90.14 [AUCTION SALE PROCEDURE.] 
           (a) All state timber shall be offered and sold by the same 
        unit of measurement as it was appraised.  The sale shall be made 
        to the person who (1) bids the highest price for all the several 
        kinds of timber as advertised, or (2) if unsold at public 
        auction, to the person who purchases at any subsequent sale 
        authorized under section 90.101, subdivision 1.  The 
        commissioner may refuse to approve any and all bids received and 
        cancel a sale of state timber for good and sufficient reasons.  
           (b) The purchaser at any sale of timber shall, immediately 
        upon the approval of the bid, or, if unsold at public auction, 
        at the time of purchase at a subsequent sale under section 
        90.101, subdivision 1, pay to the commissioner a down payment of 
        15 percent of the appraised value.  In case any purchaser fails 
        to make such payment, the purchaser shall be liable therefor to 
        the state in a civil action, and the commissioner may reoffer 
        the timber for sale as though no bid or sale under section 
        90.101, subdivision 1, therefor had been made. 
           (c) In lieu of the scaling of state timber required by this 
        chapter, a purchaser of state timber may, at the time of payment 
        by the purchaser to the commissioner of 15 percent of the 
        appraised value, elect in writing on a form prescribed by the 
        attorney general to purchase a permit based solely on the 
        appraiser's estimate of the volume of timber described in the 
        permit, provided that the commissioner has expressly designated 
        the availability of such option for that tract on the list of 
        tracts available for sale as required under section 90.101.  A 
        purchaser who elects in writing on a form prescribed by the 
        attorney general to purchase a permit based solely on the 
        appraiser's estimate of the volume of timber described on the 
        permit does not have recourse to the provisions of section 
        90.281. 
           Sec. 8.  Minnesota Statutes 2003 Supplement, section 
        90.151, subdivision 1, is amended to read: 
           Subdivision 1.  [ISSUANCE; EXPIRATION.] (a) Following 
        receipt of the down payment for state timber sold at public 
        auction required under section 90.14 or 90.191, the commissioner 
        shall issue a numbered permit to the purchaser, in a form 
        approved by the attorney general, by the terms of which the 
        purchaser shall be authorized to enter upon the land, and to cut 
        and remove the timber therein described as designated for 
        cutting in the report of the state appraiser, according to the 
        provisions of this chapter.  The permit shall be correctly dated 
        and executed by the commissioner and signed by the purchaser.  
        If a permit is not signed by the purchaser within 60 days from 
        the date of purchase, the permit cancels and the down payment 
        for timber required under section 90.14 forfeits to the state. 
           (b) The permit shall expire no later than five years after 
        the date of sale as the commissioner shall specify or as 
        specified under section 90.191, and the timber shall be cut 
        within the time specified therein.  All cut timber, equipment, 
        and buildings not removed from the land within 90 days after 
        expiration of the permit shall become the property of the state. 
           (c) The commissioner may grant an additional period of time 
        not to exceed 120 days for the removal of cut timber, equipment, 
        and buildings upon receipt of such request by the permit holder 
        for good and sufficient reasons.  The commissioner may grant a 
        second period of time not to exceed 120 days for the removal of 
        cut timber, equipment, and buildings upon receipt of a request 
        by the permit holder for hardship reasons only. 
           (d) No permit shall be issued to any person other than the 
        purchaser in whose name the bid was made.  
           Sec. 9.  Minnesota Statutes 2002, section 90.181, 
        subdivision 2, is amended to read: 
           Subd. 2.  [DEFERRED PAYMENTS.] (a) If the amount of the 
        statement is not paid within 30 days of the date thereof, it 
        shall bear interest at the rate determined pursuant to section 
        16A.124, except that the purchaser shall not be required to pay 
        interest that totals $1 or less.  If the amount is not paid 
        within 60 days, the commissioner shall place the account in the 
        hands of the attorney general commissioner of revenue according 
        to chapter 16D, who shall proceed to collect the same.  When 
        deemed in the best interests of the state, the commissioner 
        shall take possession of the timber for which an amount is due 
        wherever it may be found and sell the same informally or at 
        public auction after giving reasonable notice.  
           (b) The proceeds of the sale shall be applied, first, to 
        the payment of the expenses of seizure and sale; and, second, to 
        the payment of the amount due for the timber, with interest; and 
        the surplus, if any, shall belong to the state; and, in case a 
        sufficient amount is not realized to pay these amounts in full, 
        the balance shall be collected by the attorney general.  Neither 
        payment of the amount, nor the recovery of judgment therefor, 
        nor satisfaction of the judgment, nor the seizure and sale of 
        timber, shall release the sureties on any bond given pursuant to 
        this chapter, or preclude the state from afterwards claiming 
        that the timber was cut or removed contrary to law and 
        recovering damages for the trespass thereby committed, or from 
        prosecuting the offender criminally.  
           Sec. 10.  Minnesota Statutes 2002, section 90.191, 
        subdivision 2, is amended to read: 
           Subd. 2.  [TIME FRAME FOR CUTTING AND REMOVAL.] Upon 
        receipt of a down payment for the full appraised value, the 
        commissioner may issue a permit according to section 90.151 to 
        cut timber within the time period specified by the commissioner, 
        which shall not exceed two years from the date of sale under any 
        supervision and provisions the commissioner deems advisable.  
        All cut timber, equipment, and buildings not removed from the 
        land within 90 days after expiration of the permit shall become 
        the property of the state.  The commissioner may grant an 
        additional period of not to exceed 120 days for the removal of 
        cut timber, equipment, and buildings upon receipt of a request 
        by the permit holder for good and sufficient reasons.  The 
        commissioner may grant a second period of time not to exceed 120 
        days for the removal of cut timber, equipment, and buildings 
        upon receipt of a request by the permit holder for hardship 
        reasons only. 
           Sec. 11.  Minnesota Statutes 2002, section 90.191, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [ADDITIONAL PROCEDURE.] The sale procedure under 
        this section is an additional alternative timber sale procedure 
        available to the commissioner and is not intended to replace 
        other authority of the commissioner to sell timber in lots of 
        500 cords or less. 
           Sec. 12.  Minnesota Statutes 2002, section 90.252, is 
        amended to read: 
           90.252 [CONSUMER SCALE OF STATE TIMBER; WEIGHT MEASUREMENT 
        SERVICES; FEES.] 
           Subdivision 1.  [CONSUMER SCALING.] The commissioner may 
        enter into an agreement with either a timber sale permittee, or 
        the purchaser of the cut products, or both, so that the scaling 
        of the cut timber and the collection of the payment for the same 
        can be consummated by the consumer.  Such an agreement shall be 
        approved as to form and content by the attorney general and 
        shall provide for a bond or cash in lieu of a bond and such 
        other safeguards as are necessary to protect the interests of 
        the state.  Such a The scaling and payment collection procedure 
        may be used for any state timber sale, except that no permittee 
        who is also the consumer shall both cut and scale the timber 
        sold unless such scaling is supervised by a state scaler. 
           Subd. 2.  [WEIGHT MEASUREMENT SERVICES; FEES.] The 
        commissioner may enter into an agreement with the owner or 
        operator of any weight scale inspected, tested, and approved 
        under chapter 239 to provide weight measurements for the scaling 
        of state timber according to section 90.251.  The agreement 
        shall be on a form prescribed by the attorney general, shall 
        become a part of the official record of any state timber permit 
        so scaled, and shall contain safeguards that are necessary to 
        protect the interests of the state.  Except as otherwise 
        provided by the commissioner, the cost of any agreement to 
        provide weight measurement of state timber shall be paid by the 
        permit holder of any state timber permit so measured and the 
        cost shall be included in the statement of the amount due for 
        the permit under section 90.181, subdivision 1. 
           Sec. 13.  Minnesota Statutes 2002, section 282.04, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [TIMBER SALES; LAND LEASES AND USES.] (a) 
        The county auditor may sell timber upon any tract that may be 
        approved by the natural resources commissioner.  Such The sale 
        of timber shall be made for cash at not less than the appraised 
        value determined by the county board to the highest bidder after 
        not less than one week's published notice in an official paper 
        within the county.  Any timber offered at such the public sale 
        and not sold may thereafter be sold at private sale by the 
        county auditor at not less than the appraised value thereof, 
        until such the time as the county board may withdraw such the 
        timber from sale.  The appraised value of the timber and the 
        forestry practices to be followed in the cutting of said timber 
        shall be approved by the commissioner of natural resources.  
           (b) Payment of the full sale price of all timber sold on 
        tax-forfeited lands shall be made in cash at the time of the 
        timber sale, except in the case of oral or sealed bid auction 
        sales, the down payment shall be no less than 15 percent of the 
        appraised value, and the balance shall be paid prior to entry.  
        In the case of auction sales that are partitioned and sold as a 
        single sale with predetermined cutting blocks, the down payment 
        shall be no less than 15 percent of the appraised price of the 
        entire timber sale which may be held until the satisfactory 
        completion of the sale or applied in whole or in part to the 
        final cutting block.  The value of each separate block must be 
        paid in full before any cutting may begin in that block.  With 
        the permission of the county contract administrator the 
        purchaser may enter unpaid blocks and cut necessary timber 
        incidental to developing logging roads as may be needed to log 
        other blocks provided that no timber may be removed from an 
        unpaid block until separately scaled and paid for.  If payment 
        is provided as specified in this paragraph as security under 
        paragraph (a) and no cutting has taken place on the contract, 
        the county auditor may credit the security provided, less any 
        down payment required for an auction sale under this paragraph, 
        to any other contract issued to the contract holder by the 
        county under this chapter to which the contract holder requests 
        in writing that it be credited, provided the request and 
        transfer is made within the same calendar year as the security 
        was received. 
           (c) The county board may require final settlement on the 
        basis of a scale of cut products.  Any parcels of land from 
        which timber is to be sold by scale of cut products shall be so 
        designated in the published notice of sale above mentioned under 
        paragraph (a), in which case the notice shall contain a 
        description of such the parcels, a statement of the estimated 
        quantity of each species of timber thereon, and the appraised 
        price of each specie species of timber for 1,000 feet, per cord 
        or per piece, as the case may be.  In such those cases any bids 
        offered over and above the appraised prices shall be by 
        percentage, the percent bid to be added to the appraised price 
        of each of the different species of timber advertised on the 
        land.  The purchaser of timber from such the parcels shall pay 
        in cash at the time of sale at the rate bid for all of the 
        timber shown in the notice of sale as estimated to be standing 
        on the land, and in addition shall pay at the same rate for any 
        additional amounts which the final scale shows to have been cut 
        or was available for cutting on the land at the time of sale 
        under the terms of such the sale.  Where the final scale of cut 
        products shows that less timber was cut or was available for 
        cutting under terms of such the sale than was originally paid 
        for, the excess payment shall be refunded from the forfeited tax 
        sale fund upon the claim of the purchaser, to be audited and 
        allowed by the county board as in case of other claims against 
        the county.  No timber, except hardwood pulpwood, may be removed 
        from such the parcels of land or other designated landings until 
        scaled by a person or persons designated by the county board and 
        approved by the commissioner of natural resources.  Landings 
        other than the parcel of land from which timber is cut may be 
        designated for scaling by the county board by written agreement 
        with the purchaser of the timber.  The county board may, by 
        written agreement with the purchaser and with a consumer 
        designated by the purchaser when the timber is sold by the 
        county auditor, and with the approval of the commissioner of 
        natural resources, accept the consumer's scale of cut products 
        delivered at the consumer's landing.  No timber shall be removed 
        until fully paid for in cash.  Small amounts of timber not 
        exceeding $3,000 in appraised valuation may be sold for not less 
        than the full appraised value at private sale to individual 
        persons without first publishing notice of sale or calling for 
        bids, provided that in case of such a sale involving a total 
        appraised value of more than $200 the sale shall be made subject 
        to final settlement on the basis of a scale of cut products in 
        the manner above provided and not more than two such of the 
        sales, directly or indirectly to any individual shall be in 
        effect at one time. 
           (d) As directed by the county board, the county auditor may 
        lease tax-forfeited land to individuals, corporations or 
        organized subdivisions of the state at public or private vendue 
        sale, and at such the prices and under such the terms as the 
        county board may prescribe, for use as cottage and camp sites 
        and for agricultural purposes and for the purpose of taking and 
        removing of hay, stumpage, sand, gravel, clay, rock, marl, and 
        black dirt therefrom from the land, and for garden sites and 
        other temporary uses provided that no leases shall be for a 
        period to exceed ten years; provided, further that any leases 
        involving a consideration of more than $12,000 per year, except 
        to an organized subdivision of the state shall first be offered 
        at public sale in the manner provided herein for sale of timber. 
        Upon the sale of any such leased land, it shall remain subject 
        to the lease for not to exceed one year from the beginning of 
        the term of the lease.  Any rent paid by the lessee for the 
        portion of the term cut off by such the cancellation shall be 
        refunded from the forfeited tax sale fund upon the claim of the 
        lessee, to be audited and allowed by the county board as in case 
        of other claims against the county. 
           (e) As directed by the county board, the county auditor may 
        lease tax-forfeited land to individuals, corporations, or 
        organized subdivisions of the state at public or private vendue 
        sale, at such the prices and under such the terms as the 
        county board may prescribe, for the purpose of taking and 
        removing for use for road construction and other purposes 
        tax-forfeited stockpiled iron-bearing material.  The county 
        auditor must determine that the material is needed and suitable 
        for use in the construction or maintenance of a road, tailings 
        basin, settling basin, dike, dam, bank fill, or other works on 
        public or private property, and that the use would be in the 
        best interests of the public.  No lease shall exceed ten years.  
        The use of a stockpile for these purposes must first be approved 
        by the commissioner of natural resources.  The request shall be 
        deemed approved unless the requesting county is notified to the 
        contrary by the commissioner of natural resources within six 
        months after receipt of a request for approval for use of a 
        stockpile.  Once use of a stockpile has been approved, the 
        county may continue to lease it for these purposes until 
        approval is withdrawn by the commissioner of natural resources. 
           (f) The county auditor, with the approval of the county 
        board is authorized to grant permits, licenses, and leases to 
        tax-forfeited lands for the depositing of stripping, lean ores, 
        tailings, or waste products from mines or ore milling plants, 
        upon such the conditions and for such the consideration and for 
        such the period of time, not exceeding 15 years, as the county 
        board may determine; said.  The permits, licenses, or leases to 
        be are subject to approval by the commissioner of natural 
        resources. 
           (g) Any person who removes any timber from tax-forfeited 
        land before said timber has been scaled and fully paid for as 
        provided in this subdivision is guilty of a misdemeanor. 
           (h) The county auditor may, with the approval of the county 
        board, and without first offering at public sale, grant leases, 
        for a term not exceeding 25 years, for the removal of peat from 
        tax-forfeited lands upon such the terms and conditions as the 
        county board may prescribe.  Any lease for the removal of peat 
        from tax-forfeited lands must first be reviewed and approved by 
        the commissioner of natural resources if the lease covers 320 or 
        more acres.  No lease for the removal of peat shall be made by 
        the county auditor pursuant to this section without first 
        holding a public hearing on the auditor's intention to lease.  
        One printed notice in a legal newspaper in the county at least 
        ten days before the hearing, and posted notice in the courthouse 
        at least 20 days before the hearing shall be given of the 
        hearing. 
           (i) Notwithstanding any provision of paragraph (c) to the 
        contrary, the St. Louis County auditor may, at the discretion of 
        the county board, sell timber to the party who bids the highest 
        price for all the several kinds of timber, as provided for sales 
        by the commissioner of natural resources under section 90.14.  
        Bids offered over and above the appraised price need not be 
        applied proportionately to the appraised price of each of the 
        different species of timber. 
           (j) In lieu of any payment or deposit required in paragraph 
        (b), as directed by the county board and under terms set by the 
        county board, the county auditor may accept an irrevocable bank 
        letter of credit in the amount equal to the amount otherwise 
        determined in paragraph (b), exclusive of the down payment 
        required for an auction sale in paragraph (b).  If an 
        irrevocable bank letter of credit is provided under this 
        paragraph, at the written request of the purchaser, the county 
        may periodically allow the bank letter of credit to be reduced 
        by an amount proportionate to the value of timber that has been 
        harvested and for which the county has received payment.  The 
        remaining amount of the bank letter of credit after a reduction 
        under this paragraph must not be less than 20 percent of the 
        value of the timber purchased.  If no cutting of timber has 
        taken place on the contract for which a letter of credit has 
        been provided, the county may allow the transfer of the letter 
        of credit to any other contract issued to the contract holder by 
        the county under this chapter to which the contract holder 
        requests in writing that it be credited. 
           Sec. 14.  Laws 2003, chapter 128, article 1, section 5, 
        subdivision 4, is amended to read: 
        Subd. 4.  Forest Management  
            33,066,000     33,066,000 33,666,000
                      Summary by Fund
        General              32,824,000    32,824,000 27,209,000
        Game and Fish           242,000       242,000
        Natural Resources                   6,215,000
        $7,650,000 the first year and 
        $7,650,000 the second year are for 
        prevention, presuppression, and 
        suppression costs of emergency 
        firefighting and other costs incurred 
        under Minnesota Statutes, section 
        88.12.  If the appropriation for either 
        year is insufficient to cover all costs 
        of presuppression and suppression, the 
        amount necessary to pay for these costs 
        during the biennium is appropriated 
        from the general fund.  By November 15 
        of each year, the commissioner of 
        natural resources shall submit a report 
        to the chairs of the house of 
        representatives ways and means 
        committee, the senate finance 
        committee, the environment and 
        agriculture budget division of the 
        senate finance committee, and the house 
        of representatives environment and 
        natural resources finance committee, 
        identifying all firefighting costs 
        incurred and reimbursements received in 
        the prior fiscal year.  The report must 
        be in a format agreed to by the house 
        environment finance committee chair, 
        the senate environment budget division 
        chair, the department, and the 
        department of finance.  These 
        appropriations may not be transferred.  
        Any reimbursement of firefighting 
        expenditures made to the commissioner 
        from any source other than federal 
        mobilizations shall be deposited into 
        the general fund. 
        $730,000 the first year and $730,000 
        the second year are for the forest 
        resources council for implementation of 
        the Sustainable Forest Resources Act. 
        $350,000 the first year and $350,000 
        the second year are for the FORIST 
        timber management information system 
        and for increased forestry management. 
        $242,000 the first year and $242,000 
        the second year are from the game and 
        fish fund to implement ecological 
        classification systems (ECS) standards 
        on forested landscapes.  This is a 
        onetime appropriation from revenue 
        deposited to the game and fish fund 
        under Minnesota Statutes, section 
        297A.94, paragraph (e), clause (1). 
        $6,215,000 the second year is from the 
        forest management investment account in 
        the natural resources fund for only the 
        purposes specified in Minnesota 
        Statutes, section 89.039, subdivision 2.
        Notwithstanding Minnesota Statutes, 
        section 89.37, subdivision 4, up to 
        $600,000 for fiscal year 2005 is 
        transferred from the forest nursery 
        account to the forest management 
        investment account in the natural 
        resources fund to provide for cash flow 
        needs.  The amount of the transfer 
        shall be repaid to the forest nursery 
        account from the forest management 
        investment account in the natural 
        resources fund no later than June 30, 
        2012. 
        [EFFECTIVE DATE.] This section is 
        effective July 1, 2004. 
           Sec. 15.  [REPEALER.] 
           Minnesota Statutes 2003 Supplement, section 90.191, 
        subdivisions 3 and 4, are repealed. 
           Presented to the governor May 18, 2004 
           Signed by the governor May 20, 2004, 4:45 p.m.