A bill for an act
relating to state lands; requiring reimbursement of certain land-transaction costs;
adding and deleting land from certain state parks; establishing new state forest;
authorizing private sale of certain surplus state land; amending Minnesota Statutes
2020, sections 84.415, by adding a subdivision; 84.63; 84.631; 89.021, by adding
a subdivision; 89.17; 92.50, by adding a subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2020, section 84.415, is amended by adding a subdivision
to read:
new text begin
In addition to fees specified in this section or in rules
adopted by the commissioner, the applicant must reimburse the commissioner of natural
resources for costs incurred for review, monitoring, or other services provided by the State
Historic Preservation Office of the Department of Administration in connection with the
license application, preparing the license terms, or constructing the utility line.
new text end
Minnesota Statutes 2020, section 84.63, is amended to read:
(a) Notwithstanding any existing law to the contrary, the commissioner of natural
resources is hereby authorized on behalf of the state to convey to the United States or to the
state of Minnesota or any of its subdivisions, upon state-owned lands under the administration
of the commissioner of natural resources, permanent or temporary easements for specified
periods or otherwise for trails, highways, roads including limitation of right of access from
the lands to adjacent highways and roads, flowage for development of fish and game
resources, stream protection, flood control, and necessary appurtenances thereto, such
conveyances to be made upon such terms and conditions including provision for reversion
in the event of non-user as the commissioner of natural resources may determine.
(b) In addition to the fee for the market value of the easement, the commissioner of
natural resources shall assess the applicant the following fees:
(1) an application fee of $2,000 to cover reasonable costs for reviewing the application
and preparing the easement; and
(2) a monitoring fee to cover the projected reasonable costs for monitoring the
construction of the improvement for which the easement was conveyed and preparing special
terms and conditions for the easement. The commissioner must give the applicant an estimate
of the monitoring fee before the applicant submits the fee.
(c) The applicant shall pay these fees to the commissioner of natural resources. The
commissioner shall not issue the easement until the applicant has paid in full the application
fee, the monitoring fee, and the market value payment for the easement.
(d) Upon completion of construction of the improvement for which the easement was
conveyed, the commissioner shall refund the unobligated balance from the monitoring fee
revenue. The commissioner shall not return the application fee, even if the application is
withdrawn or denied.
(e) Money received under paragraph (b) must be deposited in the land management
account in the natural resources fund and is appropriated to the commissioner of natural
resources to cover the reasonable costs incurred for issuing and monitoring easements.
(f) A county or joint county regional railroad authority is exempt from all fees specified
under this section for trail easements on state-owned land.
new text begin
(g) In addition to fees specified in this section, the applicant must reimburse the
commissioner of natural resources for costs incurred for review, monitoring, or other services
provided by the State Historic Preservation Office of the Department of Administration in
connection with the easement application, preparing the easement terms, or constructing
the trail, highway, road, or other improvements.
new text end
Minnesota Statutes 2020, section 84.631, is amended to read:
(a) Except as provided in section 85.015, subdivision 1b, the commissioner of natural
resources, on behalf of the state, may convey a road easement across state land under the
commissioner's jurisdiction to a private person requesting an easement for access to property
owned by the person only if the following requirements are met: (1) there are no reasonable
alternatives to obtain access to the property; and (2) the exercise of the easement will not
cause significant adverse environmental or natural resource management impacts.
(b) The commissioner shall:
(1) require the applicant to pay the market value of the easement;
(2) limit the easement term to 50 years if the road easement is across school trust land;
(3) provide that the easement reverts to the state in the event of nonuse; and
(4) impose other terms and conditions of use as necessary and appropriate under the
circumstances.
(c) An applicant shall submit an application fee of $2,000 with each application for a
road easement across state land. The application fee is nonrefundable, even if the application
is withdrawn or denied.
(d) In addition to the payment for the market value of the easement and the application
fee, the commissioner of natural resources shall assess the applicant a monitoring fee to
cover the projected reasonable costs for monitoring the construction of the road and preparing
special terms and conditions for the easement. The commissioner must give the applicant
an estimate of the monitoring fee before the applicant submits the fee. The applicant shall
pay the application and monitoring fees to the commissioner of natural resources. The
commissioner shall not issue the easement until the applicant has paid in full the application
fee, the monitoring fee, and the market value payment for the easement.
(e) Upon completion of construction of the road, the commissioner shall refund the
unobligated balance from the monitoring fee revenue.
(f) Fees collected under paragraphs (c) and (d) must be credited to the land management
account in the natural resources fund and are appropriated to the commissioner of natural
resources to cover the reasonable costs incurred under this section.
new text begin
(g) In addition to fees specified in this section, the applicant must reimburse the
commissioner of natural resources for costs incurred for review, monitoring, or other services
provided by the State Historic Preservation Office of the Department of Administration in
connection with the easement application, preparing the easement terms, or constructing
the road.
new text end
Minnesota Statutes 2020, section 89.021, is amended by adding a subdivision to
read:
Minnesota Statutes 2020, section 89.17, is amended to read:
(a) Notwithstanding the permit procedures of chapter 90, the commissioner may grant
and execute, in the name of the state, leases and permits for the use of any forest lands under
the authority of the commissioner for any purpose that in the commissioner's opinion is not
inconsistent with the maintenance and management of the forest lands, on forestry principles
for timber production. Every such lease or permit is revocable at the discretion of the
commissioner at any time subject to such conditions as may be agreed on in the lease. The
approval of the commissioner of administration is not required upon any such lease or
permit. No such lease or permit for a period exceeding 21 years shall be granted except with
the approval of the Executive Council.
(b) Public access to the leased land for outdoor recreation is the same as access would
be under state management.
(c) Notwithstanding section 16A.125, subdivision 5, after deducting the reasonable costs
incurred for preparing and issuing the lease, all remaining proceeds from leasing school
trust land and university land for roads on forest lands must be deposited into the respective
permanent fund for the lands.
(d) The commissioner may require a performance bond, security deposit, or other form
of security for removing any improvements or personal property left on the leased premises
by the lessee upon termination or cancellation of the lease.
new text begin
(e) In addition to other payments required by this section, the applicant must reimburse
the commissioner for costs incurred for review, monitoring, or other services provided by
the State Historic Preservation Office of the Department of Administration in connection
with reviewing the lease request, preparing the lease terms, or monitoring construction of
improvements on the leased premises.
new text end
Minnesota Statutes 2020, section 92.50, is amended by adding a subdivision to
read:
new text begin
In addition to other payments required by this section, the
applicant must reimburse the commissioner of natural resources for costs incurred for review,
monitoring, or other services provided by the State Historic Preservation Office of the
Department of Administration in connection with reviewing the lease request, preparing
the lease terms, or constructing improvements on the leased premises.
new text end
new text begin
[85.012] [Subd. 38A.] Lake Vermilion-Soudan Underground Mine State Park, St.
Louis County. The following areas are added to Lake Vermilion-Soudan Underground
Mine State Park, St. Louis County, and are designated as the Granelda Unit:
new text end
new text begin
(1) Lot 3 of Section 28 and Lot 5 of Section 29 in Township 63 North of Range 17, all
West of the 4th Principal Meridian, according to the United States Government Survey
thereof;
new text end
new text begin
(2) the Northeast Quarter of the Southwest Quarter, the Northwest Quarter, the Southeast
Quarter of the Northeast Quarter, the Northeast Quarter of the Northeast Quarter, and Lots
numbered 1, 2, 3, and 4 of Section 29 in Township 63 North of Range 17, all West of the
4th Principal Meridian, according to the United States Government survey thereof;
new text end
new text begin
(3) Lots 1 and 2 of Section 32 in Township 63 North of Range 17, all West of the 4th
Principal Meridian, according to the United States Government Survey thereof; and
new text end
new text begin (4) Lot 4 of Section 23 in Township 63 North