USA Minnesota

USA Statutes : minnesota
Title : CONSERVATION
Chapter : Voyageurs national park
84B.01 Legislative findings. Subdivision 1. History of efforts to
establish. The legislature finds that the untiring efforts of
citizens of the state of Minnesota, first formally enunciated by the
legislature in 1891 by concurrent resolution number 13, together with
efforts of citizens of other states, have culminated in the enactment
by the second session of the 91st Congress of an act authorizing the
establishment of Voyageurs National Park in the state of Minnesota;
(Public Law 91-661). Subd. 2. Purpose of park. The
legislature concurs with the stated purpose of Congress in
authorizing the establishment of the park. It is, therefore, the
purpose of sections 84B.01 to 84B.10
to preserve, for the inspiration and enjoyment of present and future
generations, the outstanding scenery, geologic conditions, and
waterway system which constituted a part of the historic route of the
voyageurs, who contributed significantly to the opening of the
northwestern United States. Subd. 3. Public interests
served by establishment of the park. Sections 84B.01 to 84B.10
are a necessary first step in the establishment of the park and is in
furtherance of the provisions of section 101 of the act of Congress
authorizing the establishment of the park. The Voyageurs National
Park will be the largest park area within the state and will be of
especial and immediate benefit to the citizens of the state, due to
its accessibility to them, and to the effect it may reasonably be
expected to have on the development of tourism and related economic
activities. Sections 84B.01 to 84B.10
will, therefore, promote the health and welfare of the citizens of
the state of Minnesota.
84B.02 Withdrawal of lands from Kabetogama State Forest. All lands, including but
not limited to trust fund lands, tax-forfeited lands, and acquired
lands lying within the boundaries of Voyageurs National Park as
described by section 102 of the act of Congress authorizing the
establishment of the park are withdrawn from the Kabetogama State
Forest.
84B.03 Donation of state lands. Subdivision 1. Governor's duties.
Notwithstanding the provisions of any other law to the contrary, the
governor, after consulting with the commissioner of natural resources
and, in regard to lands forfeited to the state for nonpayment of
taxes and held in trust by the state for taxing districts, the
commissioner of revenue, shall donate and convey to the United States
of America the state's interest in all of the following lands lying
within the boundaries of Voyageurs National Park, as described by
section 102 of the act of Congress authorizing the establishment of
the park: (1) trust fund lands; (2) lands forfeited to the state for
nonpayment of taxes and held in trust by the state for taxing
districts; and (3) other lands acquired or otherwise owned by the
state. Each conveyance of these lands shall contain the following:
(1) a provision that the lands shall revert to the state of Minnesota
if (a) the secretary of the interior does not establish the park
within five years after donation of all state-owned lands, or if (b)
the lands so conveyed are no longer used for national park purposes;
(2) a reservation to the state of all minerals and water power
rights; (3) a provision that the conveyance is subject to the rights
of any person having an interest in the land on the date of
conveyance pursuant to state lease, license, or permit; and (4) to
satisfy the provisions of section 301(c) of the act authorizing the
establishment of Voyageurs National Park, each conveyance of these
lands also shall contain the covenant required by that section to
prohibit mining or water power development. Subd. 2. Trust
fund land; condemnation. For the purpose of satisfying the public
sale requirements of Minnesota Constitution, article XI, section 8,
and other applicable provisions of Minnesota's Constitution, and in
keeping with the decision of the Minnesota Supreme Court in the case
of Independent School District of Virginia v. State, 124 Minn. 271,
where the court held that condemnation satisfied the public sale
requirement of the Minnesota Constitution, the commissioner of
administration shall acquire, by condemnation, fee title to all trust
fund lands lying within the boundaries of Voyageurs National Park.
The commissioner of administration shall not condemn the interests of
any person holding a lease, license, or permit from the state in the
lands condemned. Before any parcel of trust fund land is donated to
the United States, the commissioner of administration shall certify
to the governor that the parcel has been condemned, the condemnation
award has been paid, and the time to appeal from the award has
expired. Subd. 3. Tax-forfeited land; reimbursement of
local taxing districts. The commissioner of administration shall
also acquire fee title, free from any trust or other encumbrance, to
all land lying within the boundaries of Voyageurs National Park, the
title to which has vested or may vest in the state due to nonpayment
of taxes and expiration of the period for redemption, after the
giving of notice thereof as provided by law, and is held by the state
pursuant to section 281.25,
in trust for the respective taxing districts interested in the taxes,
assessments, penalties, interest, and costs accrued against the land
at the time of expiration of the period of redemption. The
commissioner of administration, in cooperation with the commissioner
of natural resources, shall appraise the land at its fair market
value. Upon determining the value of the land, the commissioner of
administration shall transfer to the appropriate county auditor, from
money appropriated for this purpose, an amount of money equal to the
appraised value of the land, whereupon fee title to the land, free
from any trust or other encumbrance, shall vest in the state of
Minnesota. When a county is not satisfied with the valuation
determined by the commissioner of administration, it may appeal the
matter to the District Court in Ramsey County. The appeal shall be
conducted so far as possible in the manner provided for eminent
domain proceedings by chapter 117. The county auditor shall apportion
the money in the manner provided in section 282.08,
for the apportionment of proceeds from the sale of tax-forfeited
lands. Subd. 4. Conveyance. In furtherance of boundary
adjustments to Voyageurs National Park authorized by Congress in
Public Law 97-405, and notwithstanding any other law to the contrary,
the governor, after consulting the commissioner of natural resources,
shall donate and convey to the United States of America, for
Voyageurs National Park, the state's interest in the following
described lands: (1) Lot 7, Section 4, Township 68 North, Range
18 West; (2) the area of land commonly referred to as the
Kabetogama Forestry Station, consisting of approximately 18.45
acres, and located in Section 21, Township 69 North, Range 21 West;
and (3) land not exceeding 120 acres consisting of a strip of
land through that portion of Section 1, Township 68 North, Range 20
West, which is roughly parallel to and 400 feet on each side of the
unimproved road extending northward from a point of beginning at the
Ash River Trail in the Southeast Quarter of the Southeast Quarter of
Section 1 to a point of termination in the Northeast Quarter of the
Northwest Quarter in Section 1. Lands described in clause (1)
shall be donated and conveyed only after $30,000 has been paid by the
commissioner of natural resources to the city of Tower in return for
a conveyance to the state of all right, title, and interest of the
city of Tower in the land. Lands described in clauses (2) and (3)
shall be donated and conveyed only after the lands have been
condemned by the commissioner of natural resources in the manner
required by subdivision 2, and the time to appeal from the
condemnation award has expired. All conveyances required by this
subdivision shall comply with subdivision 1, except for the provision
required by clause (1)(a) of that subdivision.
84B.04 Acquisition of lands of political subdivisions. The commissioner of
administration shall acquire, by condemnation or purchase, fee title
to lands owned by any political subdivision of the state located
within the boundaries of Voyageurs National Park. Upon certification
by the commissioner that the lands have been acquired and that any
appeal time has expired, the governor shall donate and convey these
lands to the United States for the park, in the manner provided in
section 84B.03.

84B.05 Owners of certain improved properties may file claims. Any
person leasing land of the state of Minnesota for cabin site purposes
within the boundaries of Voyageurs National Park may file with the
legislature, a claim for the fair market value of any recreational
residential dwelling, the construction of which was commenced on or
after January 1, 1969 and before January 1, 1970.
84B.06 State's consent to acquisition of lands. Consent of the state of Minnesota
is given to the acquisition by the United States in any manner
authorized by act of Congress of lands lying within the boundaries of
Voyageurs National Park for any purpose incident to the development
and maintenance of the park, subject to concurrent jurisdiction of
the state and the United States as defined in section 1.041.

84B.061 State jurisdiction over Rainy Lake and other navigable waters; duties of governor, attorney general, and other public officers. As required by this chapter and the act of
Congress authorizing Voyageurs National Park, the state of Minnesota
donated in excess of 35,000 acres of state and other publicly owned
land for the park, roughly one-fourth of the land area of the park,
at a cost of over $5,000,000 to the state. More than 24,000 acres of
this land was state trust fund land which the state condemned before
making its donation. Pursuant to section 84B.06,
lands donated by the state, along with other lands acquired by the
National Park Service for the park, were made subject to concurrent
jurisdiction by the state and the United States under section 1.041.
In making these donations, none of the navigable waters within the
park and the lands under them have been donated to the United States.
These navigable waters include the following: Rainy, Kabetogama,
Namakan, Sand Point, and Crane lakes. Pursuant to applicable federal
and state law, navigable waters and their beds are owned by the
state. Ownership of and jurisdiction over these waters and their
beds has not been ceded by the state, either expressly or implicitly,
to the United States. Unlike section 1.044
relating to the Upper Mississippi Wildlife and Fish Refuge, where the
state expressly granted its consent and jurisdiction to the United
States to acquire interests in water, as well as land, the consent
granted by the state in section 84B.06
to acquisitions by the United States for Voyageurs National Park is
limited to land, only. In the discharge of their official duties,
the governor, attorney general, other constitutional officers, and
other public officials, such as the commissioner of natural
resources, shall vigorously assert and defend, in all forums, the
state's ownership of and jurisdiction over these waters and their
beds and related natural resources, together with associated rights
of the state and its citizens arising from the state's ownership and
jurisdiction. In discharging their duties, the governor, attorney
general, other constitutional officers, and other public officials
shall, additionally, be especially cognizant of the free rights of
travel afforded to citizens of Minnesota and others under the
Webster-Ashburton Treaty (proclaimed November 10, 1842) and the
Root-Bryce Treaty (proclaimed May 13, 1910) on international and
associated boundary waters. Also, in furtherance of duties under
this section, the commissioner of natural resources shall continue in
effect the commercial removal of rough fish, as defined in section 97A.015,
subdivision 43, from these waters, together with any rights to do so
possessed by any person on January 1, 1995, so long as the
commissioner determines that such taking is desirable to the
management of the native fishery.
84B.07 Payment in lieu of property taxes. When a tract or lot of privately owned
property is acquired by the federal government for inclusion within
Voyageurs National Park, and when, as a result of the acquisition,
taxes are no longer assessed against the tract or lot or any
improvements thereon, the following amount shall be paid by the
commissioner of natural resources to the county of Koochiching or St.
Louis for distribution to the taxing districts: In the first year
after taxes are last required to be paid on the property, 80 percent
of the last required payment; in the second year after taxes are last
required to be paid on the property, 60 percent of the last required
payment; in the third year after taxes are last required to be paid
on the property, 40 percent of the last required payment; in the
fourth year after taxes are last required to be paid on the property,
20 percent of the last required payment. The county auditor shall
certify to the commissioner of natural resources the total amount due
to a county on or before March 30 of the year in which money must be
paid pursuant to this section. Money received by a county pursuant
to this subdivision shall be distributed to the various taxing
districts in the same proportion as the levy of a taxing district
bears to the total levy on the property in the last year taxes were
required to be paid on the property. In no case shall the total
amount of money paid to Koochiching County exceed $19,000, and in no
case shall the total amount of money paid to St. Louis County exceed
$111,000.
84B.08 Repealed, 1989 c 271 s 36
84B.09 Limitation on appropriations. It is the intent of the legislature that the
appropriations made by section 84B.07,
as payments to counties in lieu of taxes, and by Minnesota Statutes
1986, section 84B.08,
as proceeds from the sale of Voyageurs National Park bonds, shall not
exceed $6,000,000 and shall constitute the total expenditure of the
state or any state agency for the purposes of sections 84B.01
to 84B.10,
notwithstanding any other provisions of law or any appropriation made
by law.
84B.10 Environmental protection. Before any lands are conveyed to the United
States pursuant to sections 84B.01
to 84B.10, the state shall enter into a written agreement with the
secretary of the interior or a designee pursuant to which the parties
agree to cooperate to maintain in the park the highest standards
relating to air, land, and water quality, whether these highest
standards be state or federal, consistent with the lawful authority
possessed by the state of Minnesota and the secretary of the interior
in the administration of the national park system to maintain air,
land, and water quality in the park.
84B.11
Subdivision 1. Repealed, 2002 c 298 s 8 Subd. 2. Repealed, 2002
c 298 s 8 Subd. 3. Repealed, 2002 c 298 s 8 Subd. 4.
Repealed, 1989 c 343 s 7; 2002 c 298 s 8
84B.12 Citizens Council on Voyageurs National Park. (a) The governor may
appoint, except for the legislative members, a Citizens Council on
Voyageurs National Park, consisting of 17 members as follows: (1)
four residents of Koochiching County; (2) four residents of St.
Louis County; (3) five residents of the state, at large, from
outside Koochiching and St. Louis Counties; (4) two members of
the senate to be appointed by the Committee on Committees; and
(5) two members of the house of representatives to be appointed by
the speaker of the house. (b) The governor shall designate one
of the appointees to serve as chair and the committee may elect other
officers that it considers necessary. Members shall be appointed so
as to represent differing viewpoints and interest groups on the
facilities included in and around the park. Legislative members
shall serve for the term of the legislative office to which they were
elected. The terms, compensation, and removal of nonlegislative
members of the council are as provided in section 15.059.
The council expires June 30, 2007. (c) The executive committee
of the council consists of the legislative members and the chair.
The executive committee shall act on matters of personnel,
out-of-state trips by members of the council, and nonroutine monetary
issues. (d) The committee shall conduct meetings and research
into all matters related to the establishment and operation of
Voyageurs National Park, and shall make such recommendations to the
United States National Park Service and other federal and state
agencies concerned regarding operation of the park as the committee
deems advisable. A copy of each recommendation shall be filed with
the Legislative Reference Library. Subject to the availability of
legislative appropriation or other funding, the committee may employ
staff and may contract for consulting services relating to matters
within its authority. (e) Money appropriated to provide the
payments prescribed by this section is appropriated to the
commissioner of administration.

USA Statutes : minnesota