USA Minnesota

USA Statutes : minnesota
Title : FORESTRY
Chapter : 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. 10a. Peer review. "Peer
review" means a scientifically based review conducted by individuals
with substantial knowledge and experience in the subject matter.
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.
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 related to managing and protecting the state's forest
resources.
89A.03 Minnesota Forest Resources Council. Subdivision 1. Membership. The
governor must appoint a chair and 15 other members to the Minnesota
Forest Resources Council. The Indian Affairs Council will appoint
one additional member. When making appointments to the council, the
governor must appoint knowledgeable individuals with an understanding
of state forest resource issues who fairly reflect a balance of the
various interests in the sustainable management, use, and protection
of the state's forest resources in order to achieve the purpose and
policies specified in subdivision 2 and section 89A.02.
The council membership appointed by the governor must include the
following individuals: (1) two representatives from organizations
representing environmental interests within the state; (2) a
representative from an organization representing the interests of
management of game species; (3) a representative from a
conservation organization; (4) a representative from an
association representing forest products industry within the state;(5) a commercial logging contractor active in a forest product
association; (6) a representative from 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 owner of nonindustrial, private forest land;
(10) a representative from the department; (11) a county land
commissioner who is a member of the Minnesota Association of County
Land Commissioners; (12) a representative from the United States
Forest Service unit with land management responsibility in Minnesota;(13) a representative from a labor organization with membership
having an interest in forest resource issues; (14) an individual
representing a secondary wood products manufacturing organization;
and (15) a chair. Subd. 2. Purpose. The council
must 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 implement mitigations as
recommended in the generic environmental impact statement on timber
harvesting. Subd. 3. Council meetings. At a minimum,
meetings of the council and all of the committees, task forces,
technical teams, regional committees, and other groups the council
may establish must be conducted in accordance with chapter 13D.
Except where prohibited by law, the council must establish additional
processes to broaden public involvement in all aspects of its
deliberations. Subd. 4. Council staff. The council
shall employ an executive director who shall have the authority to
employ staff. 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. The council must report to the governor
and to the legislative committees and divisions with jurisdiction
over environment and natural resource policy and finance by February
1 of each year. The report must describe the progress and
accomplishments made by the council during the preceding year.
Subd. 7. Repealed by amendment, 1999 c 231 s 116
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 partnership may advise the council.
Nothing in this section shall imply extra rights or influence for the
partnership.
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. By
June 30, 2003, the council shall review the guidelines and identify
potential revisions. If deemed necessary, the council shall update
the guidelines by June 30, 2005. Changes to the guidelines shall be
peer reviewed prior to final adoption by the council. By December
1999, the council must undertake a peer review of the recommendations
in the forest management guidelines adopted in December 1998 for
protecting forest riparian areas and seasonal ponds. 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 and
benefits 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. 2a. Review. In
reviewing the guidelines, the council must consider information from
forest resources, practices, compliance, and effectiveness monitoring
programs of the department. The council's recommendations relating
to revisions to the forest management guidelines must be subject to
peer reviewers appointed by the council. The council must consider
recommendations of peer reviewers prior to final adoption of
revisions to the guidelines. Subd. 3. Application. The
timber harvesting and forest management guidelines are voluntary.
Prior to their actual use, the council must develop guideline
implementation goals for each major forest land ownership category.
If the information developed as a result of forest resources,
practices, compliance, and effectiveness monitoring programs
conducted by the department or other information obtained by the
council 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 must incorporate the
recommendations as part of the council's biennial report required by
section 89A.03,
subdivision 6. Subd. 4. Monitoring riparian forests.
The commissioner, with program advice from the council, shall
accelerate monitoring the extent and condition of riparian forests,
the extent to which harvesting occurs within riparian management
zones and seasonal ponds, and the use and effectiveness of timber
harvesting and forest management guidelines applied in riparian
management zones and seasonal ponds. This information shall, to the
extent possible, be consistent with the monitoring programs
identified in section 89A.07.
Information gathered on riparian forests and timber harvesting in
riparian management zones and seasonal ponds as specified in this
subdivision shall be presented to the legislature by February 2001
and in subsequent reports required in section 89A.03,
subdivision 6.
89A.06 Landscape-level forest resource planning and coordination.
Subdivision 1. Framework. The council must 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 occurs, 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 must establish regional forest
resource committees. Each regional committee shall: (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) integrate its report with existing public and private landscape
planning efforts in the region; (5) facilitate landscape
coordination between existing regional landscape planning efforts of
land managers, both public and private; (6) identify and
facilitate opportunities for public participation in existing
landscape planning efforts in this region; (7) identify
sustainable forest resource goals for the landscape and strategies to
achieve those goals; and (8) provide a regional perspective to
the council with respect to council activities. Subd. 2a.
Regional forest committee reporting. The council must report
annually on the activities and progress made by the regional forest
committees established under subdivision 2, including the following:(1) by December 1, 1999, the regional committee for the council's
northeast landscape will complete the identification of draft desired
future outcomes, key issues, and strategies for the landscape;
(2) by July 1, 2000, the council will complete assessments for the
council's north central and southeast landscape regions; (3) by
July 1, 2001, the regional committees for the north central and
southeast landscapes will complete draft desired future outcomes, key
issues, and strategies for their respective landscapes; and (4)
by June 30, 2002, all remaining landscape regions must complete
assessments and by June 30, 2003, desired future outcomes and
strategies for all remaining regions except the northern, east
central, metropolitan, and prairie regions. By June 30, 2004, the
northern region must complete desired future outcomes and strategies,
and by June 30, 2005, the east central region must complete desired
future outcomes and strategies. Subd. 3. Regional committee
officers and staff. The council chair may appoint a chair from
the regional committee participants. The council must include in its
budget request sufficient resources for each regional committee to
carry out its mission as defined in this section. Subd. 4.
Report. Each regional committee must report to the council its
work activities and accomplishments.
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. The
commissioner shall report to the council on the effectiveness of
these practices. 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.

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. 89A.09 Interagency Information Cooperative. Subdivision 1.
Establishment. The 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; (4)
the Land Management Information Center; (5) the Minnesota
Association of County Land Commissioners; (6) the United States
Forest Service; and (7) other organizations as deemed appropriate
by the members. 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.
89A.10 Continuing education; certification. It is the policy of the state to
encourage timber harvesters and forest resource professionals to
establish continuing education programs within their respective
professions that promote sustainable forest management. The council
shall, where appropriate, facilitate the development of these
programs.
89A.11 Repealer.
Sections 89A.01;
89A.02;
89A.03;
89A.04;
89A.05;
89A.06;
89A.07;
89A.08;
89A.09;
89A.10;
and 89A.11 are repealed June 30, 2007.

USA Statutes : minnesota