1997 Minnesota Statutes

CHAPTER 89A. Sustainable forest resources

     89A.01 Definitions. 

    Subdivision 1.    Applicability.  Unless the language or 
 context clearly indicates that a different meaning is intended, 
 the following terms, for the purpose of this chapter, have the 
 meanings given. 

    Subd. 2.    Advisory committee.  "Advisory committee" 
 means the forest resources research advisory committee 
 established under section 89A.08. 

    Subd. 3.    Biological diversity.  "Biological diversity"
 means the variety and abundance of species, their genetic 
 composition, and the communities and landscapes in which they 
 occur, including the ecological structures, functions, and 
 processes occurring at all of these levels. 

    Subd. 4.    Commissioner.  "Commissioner" means the 
 commissioner of natural resources or agent of the commissioner. 

    Subd. 5.    Council.  "Council" means the Minnesota 
 forest resources council established by section 89A.03. 

    Subd. 6.    Department.  "Department" means the 
 department of natural resources. 

    Subd. 7.    Forest resources.  "Forest resources" has 
 the meaning given in section 89.001, subdivision 8. 

    Subd. 8.    Guidelines.  "Guidelines" means the 
 comprehensive timber harvesting and forest management guidelines 
 developed under section 89A.05. 

    Subd. 9.    Landscape.  "Landscape" means a heterogenous 
 land area composed of interacting sustainable forest resources 
 that are defined by natural features and socially defined 
 attributes. 

    Subd. 10.    Landscape-level.  "Landscape-level" means 
 typically long-term or broad-based efforts that may require 
 extensive analysis or planning over large areas that may involve 
 or require coordination across land ownerships. 

    Subd. 11.    Regional committee.  "Regional committee" 
 means a regional forest resources committee established under 
 section 89A.06. 

    Subd. 12.    Site-level.  "Site-level" means efforts 
 affecting operational procedures used in the planning and 
 implementation of timber harvesting and forest management 
 activities on an individual site or local scale. 

    Subd. 13.    Sustainable.  "Sustainable" means meeting 
 the needs of the present without compromising the ability of 
 future generations to meet their own needs. 

    HIST: 1995 c 220 s 78 

     89A.02 Policy. 

    It is the policy of the state to: 

    (1) pursue the sustainable management, use, and protection 
 of the state's forest resources to achieve the state's economic, 
 environmental, and social goals; 

    (2) encourage cooperation and collaboration between public 
 and private sectors in the management of the state's forest 
 resources; 

    (3) recognize and consider forest resource issues, 
 concerns, and impacts at the site and landscape levels; and 

    (4) recognize the broad array of perspectives regarding the 
 management, use, and protection of the state's forest resources, 
 and establish processes and mechanisms that seek and incorporate 
 these perspectives in the planning and management of the state's 
 forest resources. 

    Nothing in this chapter abolishes, repeals, or negates any 
 existing authorities, policies, programs, or activities of the 
 commissioner or other statutory authorities related to managing 
 and protecting state's forest resources. 

    HIST: 1995 c 220 s 79 

     89A.03 Minnesota forest resources council. 

    Subdivision 1.    Membership.  The Minnesota forest 
 resources council has 13 members appointed by the governor.  
 Council membership must include one representative from each of 
 the following: 

    (1) an organization representing environmental interests 
 within the state; 

    (2) an organization representing the interests of 
 management of game species; 

    (3) a conservation organization; 

    (4) an association representing forest products industry 
 within the state; 

    (5) a commercial logging contractor active in a forest 
 product association; 

    (6) a statewide association representing the resort and 
 tourism industry; 

    (7) a faculty or researcher of a Minnesota research or 
 higher educational institution; 

    (8) an owner of nonindustrial, private forest land of 40 
 acres or more; 

    (9) an agricultural woodlot owner; 

    (10) the department; 

    (11) a county land commissioner who is a member of the 
 Minnesota association of county land commissioners; 

    (12) the United States Forest Service unit with land 
 management responsibility in Minnesota; and 

    (13) a labor organization with membership having an 
 interest in forest resource issues. 

    Subd. 2.    Purpose.  The council shall develop 
 recommendations to the governor and to federal, state, county, 
 and local governments with respect to forest resource policies 
 and practices that result in the sustainable management, use, 
 and protection of the state's forest resources.  The policies 
 and practices must: 

    (1) acknowledge the interactions of complex sustainable 
 forest resources, multiple ownership patterns, and local to 
 international economic forces; 

    (2) give equal consideration to the long-term economic, 
 ecological, and social needs and limits of the state's forest 
 resources; 

    (3) foster the productivity of the state's forests to 
 provide a diversity of sustainable benefits at site-levels and 
 landscape-levels; 

    (4) enhance the ability of the state's forest resources to 
 provide future benefits and services; 

    (5) foster no net loss of forest land in Minnesota: 

    (6) encourage appropriate mixes of forest cover types and 
 age classes within landscapes to promote biological diversity 
 and viable forest-dependent fish and wildlife habitats; 

    (7) encourage collaboration and coordination with multiple 
 constituencies in planning and managing the state's forest 
 resources; and 

    (8) address the environmental impacts and their mitigations 
 as recommended in the generic environmental impact statement on 
 timber harvesting. 

    Subd. 3.    Council meetings.  The council shall 
 establish procedures for conducting its meetings in accordance 
 with section 471.705 that include provisions for seeking and 
 incorporating public input. 

    Subd. 4.    Council officers and staff.  The council 
 shall elect a chair from among its members.  The council may 
 employ an executive director and administrative assistant.  
 Technical expertise that will enable the council to carry out 
 its functions must be provided to the council by those interests 
 represented on the council. 

    Subd. 5.    Membership regulation.  Terms, compensation, 
 nomination, appointment, and removal of council members are 
 governed by section 15.059.  Section 15.059, subdivision 5, does 
 not govern the expiration date of the council.  

    Subd. 6.    Report.  By January 1, 1997, the council 
 shall prepare a report to the governor and legislature on the 
 status of the state's forest resources, and strategic directions 
 to provide for their management, use, and protection.  
 Information generated by the reporting requirements in this 
 chapter must be incorporated in the council's report.  To the 
 extent possible, the council's report must also identify the 
 activities and accomplishments of various programs that directly 
 affect the state's forest resources. 

    Subd. 7.    Review of forest resources plan and 
 assessment.  The council shall undertake a review of the 
 forest resource management plan and forest assessment 
 requirements contained in section 89.011, and report to the 
 commissioner no later than July 1, 1996, on the appropriateness 
 and effectiveness of these requirements, including 
 recommendations for enhancing existing forest resource planning 
 processes.  The council shall review draft statewide and 
 district forest resource planning documents, and incorporate the 
 findings, including any recommendation, of such reviews in its 
 biennial report specified in subdivision 6. 

    HIST: 1995 c 220 s 80 

     89A.04 Partnership. 

    It is the policy of the state to encourage forest 
 landowners, forest managers, and loggers to establish a 
 partnership in which the implementation of council 
 recommendations can occur in a timely and coordinated manner 
 across ownerships.  The partnership shall serve as a forum for 
 discussing operational implementation issues and problem solving 
 related to forest resources management and planning concerns, 
 and be responsive to the recommendations of the council.  This 
 partnership shall also actively foster collaboration and 
 coordination among forest managers and landowners in addressing 
 landscape-level operations and concerns.  In fulfilling its 
 responsibilities as identified in this chapter, the council 
 shall seek input from and consult with the partnership. 

    HIST: 1995 c 220 s 81 

     89A.05 Timber harvesting and forest management 
  guidelines. 

    Subdivision 1.    Development.  The council shall 
 coordinate the development of comprehensive timber harvesting 
 and forest management guidelines.  The guidelines must address 
 the water, air, soil, biotic, recreational, and aesthetic 
 resources found in forest ecosystems by focusing on those 
 impacts commonly associated with applying site-level forestry 
 practices.  The guidelines must reflect a range of practical and 
 sound practices based on the best available scientific 
 information, and be integrated to minimize conflicting 
 recommendations while being easy to understand and implement.  
 Best management practices previously developed for forest 
 management must be incorporated into the guidelines.  The 
 council shall periodically review and, when deemed necessary, 
 update the guidelines. 

    Subd. 2.    Economic considerations.  Before the 
 implementation of timber harvesting and forest management 
 guidelines, new site-level practices and landscape-level 
 programs, the council shall analyze the costs of new site-level 
 practices and landscape-level programs.  When the analysis 
 concludes that new landscape-level programs and site-level 
 practices will result in adverse economic effects, including 
 decreased timber supply and negative effects on tourism, 
 opportunities to offset those effects must be explored.  The 
 council shall also: 

    (1) identify and quantify forest and timberland acreages 
 that will no longer be available for harvest; and 

    (2) encourage public resource agencies to provide 
 sustainable, predictable supplies of high-quality forest 
 resource benefits, including timber supplies that are consistent 
 with their multiple mandates and diverse management objectives.  
 These benefits should be provided by public resource agencies in 
 proportion to their forest land's capability to do so. 

    Subd. 3.    Application.  The timber harvesting and 
 forest management guidelines are voluntary.  Prior to their 
 actual use, the council shall develop guideline implementation 
 goals for each major forest land ownership category.  If the 
 information developed as a result of the monitoring programs 
 established in section 89A.07 indicates the implementation goals 
 for the guidelines are not being met and the council determines 
 significant adverse impacts are occurring, the council shall 
 recommend to the governor additional measures to address those 
 impacts.  The council shall incorporate the recommendations as 
 part of the council's biennial report required by section 
 89A.03, subdivision 6. 

    HIST: 1995 c 220 s 82 

     89A.06 Landscape-level forest resource planning and 
  coordination. 

    Subdivision 1.    Framework.  The council shall 
 establish a framework that will enable long-range strategic 
 planning and landscape coordination to occur, to the extent 
 possible, across all forested regions of the state and across 
 all ownerships.  The framework must include: 

    (1) identification of the landscapes within which 
 long-range strategic planning of forest resources can occur, 
 provided that the landscapes must be delineated based on broadly 
 defined ecological units and existing classification systems, 
 yet recognize existing political and administrative boundaries 
 and planning processes; 

    (2) a statement of principles and goals for landscape-based 
 forest resource planning; and 

    (3) identification of a general process by which 
 landscape-based forest resource planning can occur, provided 
 that the process must give considerable latitude to design 
 planning processes that fit the unique needs and resources of 
 each landscape; reflect a balanced consideration of the 
 economic, social, and environmental conditions and needs of each 
 landscape; and interface and establish formats that are 
 compatible with other landscape-based forest resource plans. 

    Subd. 2.    Regional forest resource committees.  To 
 foster landscape-based forest resource planning, the council 
 shall establish regional forest resource committees.  The 
 regional committees must: 

    (1) include representative interests in a particular region 
 that are committed to and involved in landscape planning and 
 coordination activities; 

    (2) serve as a forum for landowners, managers, and 
 representative interests to discuss landscape forest resource 
 issues; 

    (3) identify and implement an open and public process 
 whereby landscape-based strategic planning of forest resources 
 can occur; 

    (4) identify sustainable forest resource goals for the 
 landscape and strategies to achieve those goals; and 

    (5) provide a regional perspective to the council with 
 respect to council activities. 

    Subd. 3.    Regional committee officers and staff.  Each 
 regional committee shall elect a chair from among its members. 
 The council shall ensure regional committees have sufficient 
 staff resources to carry out their mission as defined in this 
 section. 

    Subd. 4.    Report.  Each regional committee shall 
 report to the council its work activities and accomplishments. 

    HIST: 1995 c 220 s 83 

     89A.07 Monitoring. 

    Subdivision 1.    Forest resource monitoring.  The 
 commissioner shall establish a program for monitoring broad 
 trends and conditions in the state's forest resources at 
 statewide, landscape, and site levels.  The council shall 
 provide oversight and program direction for the development and 
 implementation of the monitoring program.  To the extent 
 possible, the information generated under the monitoring program 
 must be reported in formats consistent with the landscape 
 regions used to accomplish the planning and coordination 
 activities specified in section 89A.06.  To the extent possible, 
 the program must incorporate data generated by existing resource 
 monitoring programs.  The commissioner shall report to the 
 council information on current conditions and recent trends in 
 the state's forest resources. 

    Subd. 2.    Practices and compliance monitoring.  The 
 commissioner shall establish a program for monitoring 
 silvicultural practices and application of the timber harvesting 
 and forest management guidelines at statewide, landscape, and 
 site levels.  The council shall provide oversight and program 
 direction for the development and implementation of the 
 monitoring program.  To the extent possible, the information 
 generated by the monitoring program must be reported in formats 
 consistent with the landscape regions used to accomplish the 
 planning and coordination activities specified in section 
 89A.06.  The commissioner shall report to the council on the 
 nature and extent of silvicultural practices used, and 
 compliance with the timber harvesting and forest management 
 guidelines. 

    Subd. 3.    Effectiveness monitoring.  The commissioner, 
 in cooperation with other research and land management 
 organizations, shall evaluate the effectiveness of practices to 
 mitigate impacts of timber harvesting and forest management 
 activities on the state's forest resources.  The council shall 
 provide oversight and program direction for the development and 
 implementation of this monitoring program. 

    Subd. 4.    Other studies and programs.  The council 
 shall monitor the implementation of other programs, formal 
 studies, and initiatives affecting Minnesota's forest resources. 

    Subd. 5.    Citizen concerns.  The council shall 
 facilitate the establishment of a process to accept comments 
 from the public on negligent timber harvesting or forest 
 management practices.  Comments must also be directed to the 
 organization administering the certification program. 

    HIST: 1995 c 220 s 84 

     89A.08 Research advisory committee. 

    Subdivision 1.    Establishment.  The council shall 
 appoint a forest resources research advisory committee.  The 
 committee must consist of representatives of: 

    (1) the college of natural resources, University of 
 Minnesota; 

    (2) the natural resources research institute, University of 
 Minnesota; 

    (3) the department; 

    (4) the north central forest experiment station, United 
 States Forest Service; and 

    (5) other organizations as deemed appropriate by the 
 council. 

    Subd. 2.    Purpose.  The purpose of the advisory 
 committee is to foster the identification and undertaking of 
 priority forest resources research activities by encouraging: 

    (1) collaboration between organizations with 
 responsibilities for conducting forest resources research; 

    (2) linkages between researchers in different disciplines 
 in conducting forest resources research; and 

    (3) interaction and communication between researchers and 
 practitioners in the development and use of forest resources 
 research. 

    Subd. 3.    Research assessment.  The advisory committee 
 shall periodically undertake an assessment of strategic 
 directions in forest resources research.  The assessment must be 
 based on input provided by administrators, researchers, 
 practitioners, and the general public, and include: 

    (1) an assessment of the current status of forestry 
 resources research in the state; 

    (2) an identification of important forest resource issues 
 in need of research; 

    (3) an identification of priority forest research 
 activities whose results will enable a better understanding of 
 site-level and landscape-level impacts resulting from timber 
 harvesting and forest management activities; and 

    (4) an assessment of the progress toward addressing the 
 priority forest resources research needs identified. 

    The forest resources research assessment must be made 
 widely available to the research community, forest managers and 
 users, and the public. 

    Subd. 4.    Research delivery.  Based on the priority 
 forest resources research activities identified in subdivision 
 3, the advisory committee shall promote these research needs and 
 the dissemination of findings to the research community, forest 
 managers and users, and the public. 

    Subd. 5.    Research and practitioner linkages.  The 
 advisory committee shall periodically facilitate forums to 
 increase communications between the individuals and 
 organizations conducting forest resources research and the users 
 of the research. 

    Subd. 6.    Report.  The advisory committee shall report 
 to the council its accomplishments in fulfilling the 
 responsibilities identified in this section. 

    HIST: 1995 c 220 s 85 

     89A.09 Interagency information cooperative. 

    Subdivision 1.    Establishment.  The commissioner shall 
 coordinate the establishment of an interagency information 
 cooperative.  Members of the cooperative must include: 

    (1) the department; 

    (2) the land management information center; 

    (3) the Minnesota association of county land commissioners; 

    (4) the United States Forest Service; and 

    (5) other organizations as deemed appropriate by the 
 commissioner. 

    Subd. 2.    Purpose.  The purposes of the cooperative 
 are to: 

    (1) coordinate the development and use of forest resources 
 data in the state; 

    (2) promote the development of statewide guidelines and 
 common language to enhance the ability of public and private 
 organizations and institutions to share forest resources data; 

    (3) promote the development of information systems that 
 support access to important forest resources data; 

    (4) promote improvement in the accuracy, reliability, and 
 statistical soundness of fundamental forest resources data; 

    (5) promote linkages and integration of forest resources 
 data to other natural resource information; 

    (6) promote access and use of forest resources data and 
 information systems in decision-making by a variety of public 
 and private organizations; 

    (7) promote expanding the capacity and reliability of 
 forest growth, succession, and other types of ecological models; 
 and 

    (8) conduct a needs assessment for improving the quality 
 and quantity of information systems. 

    Subd. 3.    Report.  The information cooperative shall 
 report to the council its accomplishments in fulfilling the 
 responsibilities identified in this section. 

    HIST: 1995 c 220 s 86 

     89A.10 Continuing education; certification. 

    It is the policy of the state to encourage timber 
 harvesters and forest resource professionals to establish 
 voluntary certification and continuing education programs within 
 their respective professions.  The council shall, where 
 appropriate, facilitate the development of these programs. 

    HIST: 1995 c 220 s 87