A bill for an act
relating to natural resources; providing for investment accounts; modifying report
requirements; providing for transfer or sale of bison; providing for enhanced
restitution values for mistreatment of wild animals; clarifying protection of
threatened species; modifying releaf program; increasing tree seedling availability;
correcting fee for water use general permit; extending Mineral Coordinating
Committee; appropriating money; amending Minnesota Statutes 2022, sections
16A.125, subdivision 5; 84.027, subdivision 12; 84.0895, subdivisions 1, 8; 88.82;
89.36, subdivision 1; 89.37, subdivision 3; 93.0015, subdivision 3; 97A.341,
subdivisions 1, 2, 3; 97A.345; Minnesota Statutes 2023 Supplement, section
103G.301, subdivision 2; proposing coding for new law in Minnesota Statutes,
chapter 11A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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(a) The State Board of Investment, when
requested by the commissioner of natural resources, may invest money collected by the
commissioner as part of financial assurance provided under a permit to mine issued under
chapter 93. The State Board of Investment may establish one or more accounts into which
money may be deposited for the purposes of this section, subject to the policies and
procedures of the State Board of Investment. Use of any money in the account is restricted
to the financial assurance purposes identified in sections 93.46 to 93.51 and rules adopted
thereunder and as authorized under any trust fund agreements or other conditions established
under a permit to mine.
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(b) Money in an account established under paragraph (a) is appropriated to the
commissioner of natural resources for the purposes for which the account is established
under this section.
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(a) The commissioner of natural
resources may deposit money in the appropriate account and may withdraw money from
the appropriate account for the financial assurance purposes identified in sections 93.46 to
93.51 and rules adopted thereunder and as authorized under any trust fund agreements or
other conditions established under the permit to mine for which the financial assurance is
provided, subject to the policies and procedures of the State Board of Investment.
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(b) Investment strategies related to an account established under this section must be
determined jointly by the commissioner of natural resources and the executive director of
the State Board of Investment. The authorized investments for an account are the investments
authorized under section 11A.24 that are made available for investment by the State Board
of Investment.
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(c) Investment transactions must be at a time and in a manner determined by the executive
director of the State Board of Investment. Decisions to withdraw money from the account
must be determined by the commissioner of natural resources, subject to the policies and
procedures of the State Board of Investment. Investment earnings must be credited to the
appropriate account for financial assurance under the identified permit to mine.
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(d) The commissioner of natural resources may terminate an account at any time, so
long as the termination is in accordance with applicable statutes, rules, trust fund agreements,
or other conditions established under the permit to mine, subject to the policies and
procedures of the State Board of Investment.
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Minnesota Statutes 2022, section 16A.125, subdivision 5, is amended to read:
(a) The term "state forest trust fund lands" as used in this
subdivision, means public land in trust under the constitution set apart as "forest lands under
the authority of the commissioner" of natural resources as defined by section 89.001,
subdivision 13.
(b) The commissioner of management and budget shall credit the revenue from the forest
trust fund lands to the forest suspense account. The account must specify the trust funds
interested in the lands and the respective receipts of the lands.
(c) After a fiscal year, the commissioner of management and budget shall certify the
costs incurred for forestry during that year under appropriations for the improvement,
administration, and management of state forest trust fund lands and construction and
improvement of forest roads to enhance the forest value of the lands. The certificate must
specify the trust funds interested in the lands. After presentation to the Legislative Permanent
School Fund Commissionnew text begin or by June 30 each year, whichever is soonernew text end , the commissioner
of natural resources shall supply the commissioner of management and budget with the
information needed for the certificate. The certificate shall include an analysis that compares
costs certified under this section with costs incurred on other public and private lands with
similar land assets.
(d) After a fiscal year, the commissioner shall distribute the receipts credited to the
suspense account during that fiscal year as follows:
(1) the amount of the certified costs incurred by the state for forest management, forest
improvement, and road improvement during the fiscal year shall be transferred to the forest
management investment account established under section 89.039;
(2) the amount of costs incurred by the Legislative Permanent School Fund Commission
under section 127A.30, and by the school trust lands director under section 127A.353, shall
be transferred to the general fund;
(3) the balance of the certified costs incurred by the state during the fiscal year shall be
transferred to the general fund; and
(4) the balance of the receipts shall then be returned prorated to the trust funds in
proportion to their respective interests in the lands which produced the receipts.
Minnesota Statutes 2022, section 84.027, subdivision 12, is amended to read:
(a) The
commissioner may recognize the contribution of money or in-kind services on plaques,
signs, publications, audiovisual materials, and media advertisements by allowing the
organization's contribution to be acknowledged in print of readable size.
(b) The commissioner may accept paid advertising for departmental publications.
Advertising revenues received are appropriated to the commissioner to be used to defray
costs of publications, media productions, or other informational materials. The commissioner
may not accept paid advertising from any elected official or candidate for elective office.
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(c) Notwithstanding section 16B.2975, subdivision 6, clause (2), if the commissioner
determines that a transfer benefits the state's natural resources management or bison
management, the commissioner may request that the commissioner of administration donate
and convey bison to a governmental unit or nonprofit organization, in or outside Minnesota,
or sell bison. The recipient of the bison is solely responsible for all future expenses related
to the bison.
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Minnesota Statutes 2022, section 84.0895, subdivision 1, is amended to read:
Notwithstanding any other law, a person may not take,
import, transport, new text begin release, new text end or sell any portion of an endangered new text begin or threatened new text end species of wild
animal or plant, or sell or possess with intent to sell an article made with any part of the
skin, hide, or parts of an endangered new text begin or threatened new text end species of wild animal or plant, except
as provided in subdivisions 2 and 7.
Minnesota Statutes 2022, section 84.0895, subdivision 8, is amended to read:
This section does not apply retroactively deleted text begin or prohibit importation
into this state and subsequent possession, transport, and sale of wild animals, wild plants,
or parts of wild animals or plants that are legally imported into the United States or legally
acquired and exported from another territory, state, possession, or political subdivision of
the United Statesdeleted text end .