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Committee HearingSenate

Committee on Environment, Climate and Legacy - Mar 26, 2026

March 26, 2026 · Environment, Climate and Legacy · 18,739 words · 2 speakers · 115 segments

Aother

I'm in legacy. I, as chair of this committee, call to order. Order. Let the record show that Today is Thursday, March 26, 2026, and the time is 3:10 at the moment. We have a full agenda today. And so I know we have lines of testifiers. We want to keep our time limits to 2 minute per each testifier. And I'm going to control that as tight as I can. I do allow a little leeway, mainly because I'm a slower speaker and you know, sometimes speaking I have slur and a little challenging. So I do understand that. But for those who are expert in speaking, I'm going to be very, very firm. All right, so we have four bills today, and now we do have quorum. The first bill here is from Senator Houchild, Senate File 4228. And Senator Houchow will be presented from remote. He will announce his location. Also, before we go to him, I want to just mention some committee decorum. There will not be any clapping. There will not be any standing or any hold of sign. And the sergeant arm is here to help anyone that will have questions. Okay, so let's start off with our first bill on the list here, Senator House Child. If you online, do turn on your mic and your camera as well. Thank you, Chair her and members appreciate the flexibility. I'm coming to you from Hermantown, Minnesota, virtually today. I have for your consideration Senate File 4228, the acquisition provisions, better known as the Lands Bill. Lori Klein, a lands attorney with the Department of Natural Resources, is here today and can speak to the specific provisions in the bill as needed. And I do have four amendments. So we could either have Laurie go through the bill first, Mr. Chair, or I could bring forward amendments. I'd imagine you'll want to hear from her first. Okay, let's hear from the testifier first and then after that we can just go through the sequence of your amendments. Welcome. Welcome, Lori. And state your name again for the record.

Bother

I am Lori Klein, attorney for the DNR, Division of Lands and Minerals. Mr. Chair, committee members, good afternoon. Thank you for the opportunity to testify. Testify about the 2026 lands bill. Each year the DNR proposes a Lands Bill. The Lands Bill may include amendments to statutes affecting DNR administered states, state land or DNR's land transactions, changes to state park or state forest boundaries, and authorization to sell certain lands. Section 1 proposes an amendment to Section 840272, subdivision 1 to provide that appraisals are not required when the DNR as a tenant, leases property from a landowner. This change will clarify that DNR pays appraised value when it accords, acquires fee, title or an easement interest, but not when it acquires a lease interest. Sections 2 and 3 propose amendments to Section 8, 40272, Subdivision 2, and Section 8496. These amendments will establish the price that DNR must pay for easements to access stream easement areas and native prairie bank areas. Section 4 provides for two additions to state parks. One is an addition of 32 acres to Frontenac State park to facilitate a possible future land acquisition. And section four, subdivision two adds approximately 20 acres to great River Bluff State park for the same reason. Section 6 through. Excuse me. Section 5 deletes approximately 19 acres from Mille Lacs Cathy O State Park. Section 6 through 10 authorize the Commissioner to sell certain lands. DNR already has authority to sell some lands, but these require legislative authorization because the lands will be sold by private sale rather than by auction, or they border public waters, or they will be sold for less than market value or some combination of those reasons. Section 6 authorizes the sale of approximately 4.3 acres of surplus state land bordering public water in Becker County. Section 7 authorizes the private sale of approximately 19.2 acres of land bordering public water in Mille Lacs County. Section 8 is to be removed via the A7amendment, so I will not discuss that one. Section 9 authorizes the private sale of approximately 4 acres. Excuse me, 0.4 acres of surplus state land bordering public water in Pine county to an adjacent landowner for no cost for the land. And Section 10 authorizes the conveyance of approximately 6.2 acres of surplus state land bordering public water in Wabasha county to the City of Elgin for no cost for the land. And I'm happy to answer any questions. That concludes my comments. Thank you.

Aother

Senator House Shaw, would you proceed to make your amendment? Thank you so much, Mr. Chair. I'll start with the A3amendment. This was brought to me by St. Louis county and includes two sections that were prepared and requested on their behalf. Mr. Jason Meyer, the director of lands and minerals with St. Louis county, is available online for questions and to say anything about that particular amendment as needed. Okay, members, all the amendments are in your package, and so if not, we can ask the page to pass it to you. Any question on the amendment, and if not, we're going to move on to. We're going to motion to adapt this amendment and then move on to the next amendment. And then after that, we can continue having Discussion on the bill as it is. Okay. All in favor of A two amendments, say Aye. Aye. Aye. Okay. Opposed? Okay. Motion prevail. Okay. Senator Hochschild, back to you on another Amendment. Thank you, Mr. Chair. And just to clarify, that was the A3amendment, the one we just voted on? Yes, that is. Okay, let's. Let's motion again. So House shall move that we adopt the A3amendment. All in favor say Aye. Aye. Opposed? Okay. Motion prevail on A3. Now to the A2. Do you have the A2amendments in House, Chow? Yes, Mr. Chair. The A2amendment. This is from the Historical Society. It's regarding the Lower Sioux Agency Historic Site and the Marine on St. Croix Historical Site. David Kell here from the Minnesota Historical Society is here to address the amendment. I believe he's in the room. Okay, welcome. And while he's making his way up there, I forgot to mention that we're going to have a hard stop at five as that's our usual two hour committee slide. Okay. Welcome, Mr. Kelleher. Go ahead with your presentation. Thank you, Mr. Chair. Members of the committee, I'm David Kelleher from the Minnesota Historical Society. Mr. Chair, the A2amendment contains two transfers which will. The first one, which will become Section 10 of the bill, as Senator Hochschild mentioned, is in Redwood county. And really that's a continuation of a transfer that was authorized by the legislature in 2024. There was a part of that parcel that did not have the legal description included in the 2024 bill. So what's in the A2amendment is that on line 1.11 is is the legal description of a parcel that we meant to include and thought was included, but was not included. So to correct that action in 2024, that's the first part. The second part on the A2 on line 1.21, which will become Section 12 in Washington county, that's the Marine Mill Historic Site. The City of Marine on St. Croix asked us to consider transferring a quarter of an acre so that they could build a community building on that site. That is a site that's rich with archaeological resources. And we did some investigations and found a portion of that site that would not be disturbed by the construction of a building. So the new section 12 is for that transfer of about a quarter acre to the city of Marina on St. Croix. And with that, happy to answer any questions you might have, any question or discussion from members. Also, is there an additional testifier on on this amendment, Senator H. Not that I'm aware of. Mr. Chair. Okay. All right. All in favor of the A2amendment, say aye. Aye. Opposed? Okay. Motion prevail. Thank you. Okay. Next is the A6amendment. Thank you, Mr. Chair. The A6amendment is a result of ongoing collaboration between Itasca county and the dnr. This concept originated last year in a Senate file. And I really appreciate the county and the dnr, DNR continuing to work together to develop a framework for this pilot program. Basically, what this does, I'll just walk through the three subdivisions very quickly. Subdivision one directs Itasca county to develop and run this pilot program to identify and sell tax forfeited lands that after review by the DNR Commissioner, the county determines our better return to private ownership. Subdivision two sets two deadlines. First, October 1, 2026, the county must identify all tax forfeited parcels that border public waters and are accessible by existing roads and infrastructure. And by December 1, 2026, it must rank those parcels by how much the county's land management interest would benefit from returning each one to private ownership. Subdivision three allows the county to sell up to 10% of the identified parcels and put some guardrails in place. For example, sales must honor existing rights of prior owners to repurchase land. It requires that land within tribal reservation boundaries first be offered for sale to the tribal nation and requires that all sales follow public sale procedures, except that private sales are permitted for parcels that are non conforming to zoning or landlocked without legal access or best used by combining with an adjoining parcel. And with that, Mr. Chair, I do have Itasca County Commissioner John Johnson there in the room to testify in the amendment. And Mr. Bob Meyer with the DNR is also able to speak from the agency's perspective. Okay. Welcome, Mr. Johnson. Please state your name for the record. My name is John Johnson. I'm an Itasca County Commissioner. I represent District 3 of Itasca County. As Senator Hochschild stated. Mr. Chair, approximately a year ago, Senate file 2381 was offered as a. And it was a basic concept of the amendment today. Since then, I have engaged in multiple stakeholder and resident meetings to get feedback from some of our county residents relative to this concept of pilot program. But more importantly, Mr. Chair, I have had ongoing dialogue with the Department of Natural Resources, and we've entered into a collaborative agreement on how we can move forward with this. So it's my hope today that the committee will support Amendment 6. Okay. We also have Assistant Commissioner of DNR Bob Meyer online to speak and to speak on the amendment number six. Thank you, Mr. Chair members for the record, Bob Meyer, Department of Natural resources Excuse me. Mr. Johnson is absolutely right. We have been in great conversations about this proposal for some time now. When we first learned about it last year, it was quite alarming in the beginning. But once we had conversation and understood exactly what the county's trying to do, it makes perfect sense. I kind of view it as a reinvest in Shoreland or in Shoreland property again, where you have a lot that has been gone, tax forfeit. There used to be a cabin. There's a road that goes right by. There's power, sometimes sewer or septic system. Those properties should be put back on the tax rolls. But it also provides for a process to review for habitat, aquatic habitat and terrestrial habitat impacts and also also other environmental attributes that these properties are providing. So we look forward to working with the county on this. I will just say this language is in a state of work still. We are trying to minimize the fiscal impact of the department, but also make sure that we're providing a valuable asset to the county in this review as well. So you may see a little bit different changes as this moves forward. But the concept, as the commissioner said, is one that we're interested in working with them on. Thank you. Thank you very much. I think we also have another person online, Richard Lippy, that will be speaking on the amendment A6. Richard, are you there? Go ahead, turn on your camera and microphone. Hello, thanks for having me. I'm Richard Libby with Isaac Walton League in Grand Rapids, Minnesota. We've been defending public lands for many, many years. And last year we were really alarmed at the bill that was presented that would allow up to the sale of 10% of our lakeshore with private sale with no DNR oversight. We did meet with Commissioner Johnson last night for a good hour, had conversation, but he didn't have any idea what the bill was going to be that's presented now. So I haven't had time to review it. But our big concern is to protect our natural resources up here. They did do a test run and they said it could identify up to 6,500 acres of public lands that border in the county. That would be 10%. And we're just concerned about, you know, is there going to be public oversight? Is it this going to be by private sale? I'm glad Bob Moore and the DNR is involved in this, but it's an ongoing thing, so I don't know exactly where we should go from here. Also, there's a potential to sell 3,000 acres of the property up here due to a no net loss policy that the county instigated a few years ago. It used to be that it was no net. It was no net loss and it's no net gain now. And we're also under stress from school trust land selling lakeshore. So we want to minimize the amount of lakeshore sold. Sounds like the bill might involve citizens. That would be good. But mainly, you know, the lifeblood of the Northland is our public lands. And the thing that drove this bill to begin with was to try to balance the county budget. I don't think we should, you know, lose all our public lands. Once they're sold, they're gone forever. And this is state land and it belongs to everybody. And that's the lifeblood of our country up here for recreation, for aesthetics and so forth. So thanks for having me, and I hope you try to protect our natural resources and keep the land and public ownership as much as you can. Thank you. Thank you very much. Mr. Libby, any discussion on the A6amendment? Senator Green? Thank you, Mr. Chair. I have a couple of questions for Mr. Libby. If he's still online, I'm here. First is just a comment, Mr. Libby. As I understand that this is private land that went tax forfeit because the people couldn't afford the property. Property taxes on it. Or maybe they passed away and it went back. So is private land or was private land, and as we'd be reverting back to that, but I didn't. I know you're from the Isaac Walton League, but do you live in Itasca County, Mr. Libby? Yeah, I've lived here all my life. In fact, it's named the West Libby Grand Rapids and Northern Lakes Chapter is named after my dad that started it in 1935, and it's been existent since then. We've got DNR Wildlife Manager, Regional manager on our board, the retired forester and real estate dealer from Atasi County, a game warden, grouse society member. So we're active in trying to protect the public land as much as we can. But we weren't aware of this new bill until yesterday, so we haven't had time to really look into it. Mr. Johnson explained it somewhat last night, but even then it wasn't finalized, and I don't believe it's finalized now. So thank you for that, Mr. Libby. So do you happen to live on a lake? Yep, I live on a lake. In fact, one of these. I've been the president of the Caygima Lake association for 12 years. In the past, I'VE been on the board for 30 years, and we worked with the county and the state to preserve three of the largest islands on the lake through fundraising. All this and this I see as a step backwards. You know, if it's developable land, like I say, on the road. But we need to have oversight by private individuals or groups like us or the dnr. And private sales should always be over. It was checked out by the DNR. Mr. Chair, just one last comment. So, Mr. Libby, it sounds like you've got land, lakeshore land in Itasca county, and you are obviously a responsible landowner, and yet you want to prevent other people from owning land there. And Itasca county is very heavily state land right now. And what this is doing is not taking land away from the state. It's putting private land back into private hands. And so I don't see what the big issue is here. I think this is a really good amendment and I encourage a yes vote. Can I reply to that? It went tax for. But some of these parcels back in the 40s and it's been under. The state has the title to it and it's managed by the counties. And right now the county can sell it as they please. And we change county commissioners every couple years. And so it should be allow five commissioners on their own to determine to sell up to 6,500 acres every. I agree with the. If they could go through and find the parcels, like you said, that are developable on a lake in a marginal space, go ahead. But even those provide habitat for everybody. And we don't want to be another brainerd with which we're getting towards McMansion. People are coming up from down south, tearing down houses, cabins, decent ones, building McMansions. And if they can, you know, Lakeshore Valley's going up and up and up and up, and it's never going to come back once you sell it. Thank you. Any further discussion? Mr. Chair, I just have to respond to that and I will be quick, but thank you, Mr. Chair, once again. You know, Mr. Libby, I've seen this in the past. I don't know you, but the county commissioners in Itasca county are elected by the people, and they're elected to make those decisions. And to assume that they're not going to make the responsible decisions for their county is in itself not responsible. And once again, you're assuming that this land is going to be treated poorly. But anyone who can afford these lakeshores is not going to treat that land poorly. I'm sure they're just as concerned about the wildlife and environment as you are. And to sell a piece of land into private property is certainly not losing it forever. It is using it at the best ability that we can do so. Thank you. Thank you. Senator Healthchild, any closing comment before we adapt the a sixth amendment? Thank you, Mr. Chair. Senator Wiesenberg. Senator Wiesender better have his hand. Senator Wiesenberg. Mr. Chair, just to clarify, this bill's been around since March of last year. Okay. Senator Housechild, closing comment. Yeah, thank you, Mr. Chair and members. Appreciate the conversation and some of the questions and also the testimony from both the commissioner and the landowner in the county. I think this is a really balanced approach. It's a pilot. We're trying out a way for us to get tax exempt properties that went into tax forfeiture back onto private ownership. This is something that we are always balancing in northern Minnesota with the amount of public housing lands we have. And so I just really appreciate us trying this out and seeing how it goes. I think we've put in some really strong and good guard rails. And I appreciate the county and the leadership of Commissioner Johnson working with the DNR on a proposal for how we can make this work. Thank you so much, Senator.

Bother

Apologize. I just, I. I just have one quick question. Was there, Was there ever any public discussion about this? Any public hearings or meetings, or was it expressed to the citizens of the county about this sale? I mean, how would people have found out? Mr. Libby was saying he didn't find out till just last night. He seems like a pretty active community member. Was there any kind of public forum or information session for this?

Aother

Yeah. Let's hear from Bob Meyer, the DNR, Ms. Klein or Mrs. Johnson. Mr. Chair, if I may. Thank you, Senator. Approximately a year ago when this concept came up, I sought the support and approval of my county board at a county board meeting. And it was an official board action to proceed with this concept. Since then, I've engaged in public meetings with special interest groups and interest groups within our community and our county, as well as the Leech Lake Band of Ojibwe. In fact, I just met with Executive Director Gordon Feinde yesterday to further discuss the tribal inclusion in the amendment to ensure that if there are any tribal lands identified, they get first right of refusal on those properties before they would be auctioned for private sale. Any. Okay, well, good. Now we'll move to. We'll motion to adapt the A6amendment. All in favor of the A6amendment say aye. Aye. Oppose. Okay, Motion prevail. The next Amendment. Senator HAUSCHILD, the amendment. A seven amendment. That's right, Mr. Chair. This is the final amendment that I have for this bill. This amendment simply removes Section 8 as described by the DNR testimony earlier on the bill. Okay. Remember, any question to that. And Mr. The assistant commissioner can speak to this as well. Assistant Bob Meyer. Sorry, Mr.

Bother

Chair.

Aother

Buttons are playing a trick on me. Bob Meyer. Since Christian dnr. Again, this is language that we included in the bill. Some issues have come up with this section. We're asking to remove it from the bill while we continue working with the landowner. Okay, Any discussion. But. No discussion. Senator, House child move that we adapt the A7amendment. All in favor say Aye. Aye. Opposed? Okay. Motion prevail. Okay, all. The amendment is complete and the bill as whole. Any discussion on the entire bill, Senator Jolkowski? Thank you, Mr. Chair. Thank you, Senator Hochschild, for the bill. Ms. Klein, could you tell me how many acres were we selling in this bill? I like to see more. I'd like to see this bill be thicker than it is. I'm curious how many we're actually selling in this bill, Ms. Klein. A ballpark would work. Mr. Chair. Ms. Klein.

Bother

Thank you, Mr. Chair. Senator, I would say it's roughly 30 acres.

Aother

Senator Koski. So, Mr. Chair, members, the public watching, we've got. We've got bills that sell land. One bill that sells land, that's this one, 30 acres we're going to sell. And we have multiple bills that buy land, which I'm looking at, Senator Green. But it's at least, Mr. Chair, the 35,000 acres that we're going to buy of private land and make it public land in the legacy bill. And then there's more acres in the LCCMR bill. And I don't know if there's other buy land bills, too, but just if you just compare those 35,000 acres of buying land and 30 acres of selling land. That's where we're going here. But I do appreciate the bill, Ms. Klein. Thank you for your work on it. Thank you, Senator Hocho, for the bill. Okay, any further discussion on the entire bill, Senator Housechild, closing mark on the entire bill. Thank you, Mr.

Bother

Chair.

Aother

To save time, I appreciate the consideration and the discussion on the lands bill, as always. Okay, this bill. So how shall move that? The. Hold on just a second. Or you can send it to the floor. Okay. Can council help me with the formal language, please? But, Senator. House, house a motion. Mr. Chair, members, I think the motion would be that Senate File 4228, as amended, be recommended to pass and re. Refer to the committee on Finance. Okay. All in favor of that say aye. Aye. Opposed? Okay. Motion prevail. Thank you, Senator Hal Child. Next is Senator Johnson Stewart. 753852. Okay. And sir Johnson's Johnson Stewart. Do you have an amendment? Okay. You wanna, you wanna move to adapt the amendment first?

Bother

Yes, I move to adapt the A3, which you should have a copy of. Everybody should have a copy of.

Aother

Okay. Everybody have the A3amendment? Okay. Okay. All in favor of the A3amendment say aye. Aye. Opposed. Okay. Motion prevailed. Okay. To the bill, Senator Ann Johnson Stewart.

Bother

Thank you, Mr. Chair, and thank you, members. I'm really proud of this bill. I think it's important for every one of us in Minnesota. And I'm a little shocked that I'm the only author on it. So I encourage everybody to listen with an open ear because I think this is a really important issue that's coming down the road for many of our communities. This bill responds to a problematic trend in Minnesota, one in which large industrial users of Minnesota's groundwater often use municipal water supply to meet their water demand rather than apply for their own permit to pump. This is not just about data centers. In fact, the language in this bill specifically uses large water users because this is an issue with many industries. And that's why I want to make sure you understand the complexity and the magnitude of the problem. To give one example, and perhaps you've heard of this, a data center proposal in Farmington could use 900 million gallons of water per year and plans to get their own or their water permit through the city's permit rather than have their own. There's also a situation that was very similar and we have a testifier today wherein a water bottling company moved into one of our local cities and the impacts to the aquifer are significant. So again, this is a big problem. When I say that 900 million gallons of water could be used per year, I also want to put that into some perspective. This bill defines large water users as a industry that would or a company business that would use 100 million gallons a year. In my own 15 community district, we have the city of Excelsior, which is similar to many of my colleagues smaller communities out in rural Minnesota. It has its own downtown, it has some businesses. It has a population of 2,500 that's the size of a small city that uses roughly 100 million gallons a year just for domestic water use. So if you have a community in your district that has A population of about 2,500. That's the size of water use we're talking about. Senate File 3852 defines these large volume commercial and industrial water users to include all commercial and industrial use uses of water that exceeds that typical town. In other words, 100 million gallons of water per year, or one that exceeds 50% of a city's current authorized volume. So individual cities have a permit to pump water. And again, what some of these large users are attempting to do is just use that city's water permit instead of getting their own. That's what this bill hopes to prevent. This definition encompasses data centers, but I want you also to know it includes other large volume users like bottled water plants. The bill aims to increase public transparency and permit scrutiny for large volume commercial and industrial uses of municipal water supplies in three ways. It is important that it creates a separate permit requirement for large volume industrial users, which makes it more straightforward to enforce the state's water allocation priorities if we find ourselves in a time of water shortage. And one of my testifiers will speak directly to their own experience with that. It creates a mandatory public comment period for large volume industrial water permits so the public can weigh in on whether these proposed users are sustainable. And it increases, it increases transparency about industrial water use and its aquifer impacts through monthly requirements to report water use and include aquifer pump tests in the environmental review where it makes sense to do so. The amendment I introduced has two other key provisions. First, it expands the permit requirement language that we passed in 2025 to apply to all large volume commercial and industrial water users, not just data centers. And it fast tracks applications that incorporate water reuse or water circularity in their design because we want designers of large water users to be innovative in that way. So I'm very proud of this bill. I look forward to the testifiers that I've invited and who have volunteered to come before me. And I'm happy to answer any questions as they make their way up here, Senator or Mr. Chair.

Aother

Thank you. And we have total of 10 testifiers for this bill. So we're going to be straight on our 2 minutes and 2 minute rules and we'll apply that as soon as the first speaker began. I'd like to call on Mr. Andrew Hillman from MCA and Janelle Kuznia. You can come to the testifying table first. So welcome and state your name for the record. Chair Herb members of the committee. My name is Andrew Hillman. I'm a water resources specialist with the Minnesota center for Environmental Advocacy thank you for the opportunity today to testify in favor of SF3. Water intensive industries are increasingly looking to states like Minnesota and this region to cheaply exploit groundwater for industrial uses. However, Minnesota's groundwater resources are not unlimited. Pumping too much water can cause residential wells to run dry, draw contaminants like manganese and arsenic into well water for people's residential wells, and long term can threaten sustainable water supplies across the state. We're especially concerned at MCEA with the trend of large volume water Large volume industrial users avoiding scrutiny by getting water through city permits for example, there are several data centers proposed in Dakota county that would more than double a city's current water use. In Elka New Market, for example, a bottled water plant has already amended the city's permit once to accommodate its water demand and has plans to do so again as they increase their operations. This bill provides three common sense measures to increase scrutiny for these large volume industrial users. First, it creates a separate permit requirement so the state's allocation priorities, which favor domestic use as the first priority, are easier for the Department of Natural Resources to enforce. Second, it requires a public comment period so the citizens of the area can weigh in on proposed water use in their communities. And three, it requires large industrial users to report their monthly water use to the DNR and to include any aquifer pump tests that the DNR chooses to require as part of the environmental review process. Because these changes will help protect Minnesota's limited groundwater resources from unscrutinized exploitation and use, I ask you to move SF352 forward. Thank you and I'm happy to answer questions. Thank you very much. Also like to call Mr. William Vaughny to be ready now. Janelle, go ahead. State your name for the record.

Bother

Mr. Chair and members of the Committee, thank you for the opportunity to speak in support of Senate file 3852. My name is Janelle Kuzna. I'm a lifelong Minnesotan and private well owner. I live in Newmarket County Township near Elka New Market in Scott County. There are approximately 1.2 million private well owners in the state of Minnesota. I'm here to bring awareness to the fact that large water users affect private wells. In 2022, a large bottling facility made application with the City of Elko New market and requested 165 million gallons of water per year, which was more than double the city's water use. After intense community advocating, the DNR required an aquifer pump test to see how this increase would affect local surface water features. The Local aquifer and private wells in the area. During this pump test, hundreds of private wells in the area began to have problems. Out of water complaints. Black and brown water, clogged filters, damaged appliances. The city has since conceded that the excess pumping caused our well problems. Well owners in the area continue to have problems. Groundwater pumping does not only affect how much water is in the aquifer, it can also change the quality by mobilizing naturally occurring contaminants like manganese and arsenic. Despite these issues, the permit was issued to the city with quality and quantity response plan, making the city responsible, not the industrial user, for investigating well interference, water quality issues, covering costs and enforcing statutory priority. This places small local governments in the position to enforce state water priority laws and assumes legal and financial risks for industrial use. Minnesota is clear about water priority. Domestic use has the first priority, while industrial use falls near the bottom. The intent is simple. People's drinking water should come before industrial use. In our case, a large water bottling moved into the urban fringe, more than doubling the local municipalities pumping. And as a result, local private well owners have severe water quality issues, causing us to no longer be able to drink our private well water. Some well owners have spent thousands of dollars on repairs and filtration systems and some are forced to buy bottled water. To solve the problem, we can no longer allow large industrial users to hide behind municipal permits. I urge you to pass Senate file 38523. Thank you for your time today. Thanks so much.

Aother

Perfect. I'd like to call Mr. Jason Mackell to the testified table and Mr. Bonnie Do. State your name for the record and you may present. Thank you Mr. Chairman, distinguished members. My name is William Bonin. I'm a geologist with Midwest Geological. As you're aware, the Minnesota statutes clearly define priority of water use with personal use being tops and then municipal and agricultural being following closely behind. The way the permits are being used today is a deceptive practice that allows lower priority use to be equal to personal, municipal or agricultural use. This bill closes that loophole and it makes the lower priority large volume users apply for their own permits to be assessed on their own merit. I think that secures individual rights of use of water. Also farms rights to produce food using that water and cities rights to use that water for their citizens. So as intended by current law. Thank you. All right, next testifier, Mr. Mochio and staff. Your name for the record or pronounce it the right way as you it seems. Go ahead Mr. Chair, members for the record, Jason Meckle. I'm the assistant division Director for Ecological and Water Resources at the dnr. I know we have a short amount of time, so I'm just going to be very succinct and get to the point just to speak to a few provisions in the bill. There is a fiscal note that, that we had prepared the separation of a permit. So for an industrial user to get their own permit but still get the water from a municipality is going to require some reprogramming and some adjustments to our permit program. We're not currently set up to have a sub permittee, so we just wanted to make sure folks were aware of that. The public comment period as it's currently drafted presents some challenges because this is asking us to notify and receive public comment on a geographic basis. We don't currently have a mechanism to do that. We have a Gub delivery service. It can go to anybody that subscribes, but we don't have a way to target a notice to a watershed boundary or then receive the comments and then process those comments. So that's also in the fiscal note. The last thing that I wanted to comment on is the intended incentives, and I understand and appreciate what that is meant to do. However, we have a large permit backlog and moving some of these permits to jump the line presents some challenges for us. I also would hope that as the bill moves forward, we'd be able to provide some clarity because as it's written, all they'd have to do is have some reuse. It might be 5% or it might be 95%, but if it's 5% and that moves it up to the front of the line, I'm not sure what we've accomplished there. But we're happy to continue to work with the author as the bill moves forward. Thank you.

Bother

Thank you.

Aother

Thank you very much. Next testifier is Mr. Moley from the Minnesota Chamber of Commerce. Also, I want to ask Mr. Burt, Jim Burt to come forward as well. Go ahead. Chair her members of the committee. My name is Andrew Morley and I work for the Minnesota Chamber of Commerce, a statewide trade association representing more than 6,300 businesses and a half million employees across the state. Thank you to the committee and Senator Johnson Stewart for the chance to testify today in opposition to the DE amendment to SF 3852, which creates a new permitting requirement for certain water users. Among other provisions, one provision requires a project to give notice to every municipality Its same U.S. geological Survey. Unicode. That means a project near the Twin Cities would have to notify every municipality through the Upper Mississippi region, which includes neighboring states but also towns in Missouri and southern Illinois more than 600 miles away. This would be a massive undertaking for the dnr consuming significant full time employee hours and financial resources. It would make compliance for the agency next to impossible and make litigation a certainty. Just nine months ago, the Legislature approved a set of statutes governing data center permitting taxation and more. In that new law, the DNR has the authority to request pre application information from data centers, including water use plans, sources, temperatures and averages, among other items. And most relevant to this Discussion, under statute 100 and 371, the legislature directs the DNR to require applicants conduct aquifer tests to protect the public health, safety and welfare. This was a compromise bill that received significant support from both caucuses in the House and was signed by the Governor before creating duplicative or unnecessary compliance requirements for the project proposers and the dnr. We believe the newly passed protections should be followed first. Thank you, thank you very much. Next, I also want to invite Mo Fushimi to come to the testify table and Mr. Berg, go ahead with your testimony. Mr. Chair members of the Committee. My name is Jim Berg. I'm a hydrogeologist. As a 37 year veteran of investigating, mapping and monitoring groundwater. As a hydrogeologist I've lived through a few cycles of water supply anguish caused by too much rain, too little rain or the appearance of new water intensive industries. Today the challenge is hyperscale data centers and their needs to consume enormous amounts of groundwater for cooling. Thirty years ago I began my career as a DNR hydrogeologist. I learned some very encouraging things about my home state. Minnesota is a riparian water rights state. Everyone owns the water it's in such a system, people and water dependent ecosystems have the first priority. If ever there are conflicts due to limited supply, irrigation power production and industrial commercial categories are all subordinate uses. To me, these two concepts form a kind of groundwater bill of rights. I was proud to present those ideas to audiences whenever appropriate in my many groundwater investigation presentations that I made over the years. Recently I've become concerned about the hyperscale data centers and the shell games that some of the world's largest and richest companies are playing to access vast amounts of water to cool their computers. Last year at a local groundwater conference, I listened with great disappointment to a story from a citizen group about a hyperscale data center in Farmington that was hiding its purpose in permanent applications and was planning to use huge amounts of groundwater from the city. My first thought was if permitted, this would stomp all over The Water use priority system. That was one of the key features of what I consider to be the Minnesota Groundwater bill of rights. SF 3852 would create transparency by requiring the large volume users to get their own permit and prevent hiding behind the municipal permit. This bill will require restore the integrity of the water use priority system and help prevent overuse and improper use of Minnesota groundwater resources. Thank you.

Bother

Thank you.

Aother

Thank you very much. I also want to invite Mr. Peter Woginis to come to test the Montevo once the seat is open. So next is Mr. Fushimi. Welcome. Hello. Thank you. Mr. Chair, members of the committee. My name is Mohe Shami. My professional background is in telecommunication and data center network design for Fortune 500 companies, some of them here in Minnesota. I'm here to share my personal experience in support of SF3852. I live in the proximity of the mentioned hyperscale data center in Farmington, right in the middle of residential neighborhoods. When fully operational, it can demand more water than the city of 22,000 uses on an average day. This intense water demand will happen in summer when the city restricts citizens water use but permits the data center to operate at its maximum capacity. Water demand Two months after DNR warned the city of Farmington about the significant water demand of the data center, Farmington signed a contract that guarantees the developer up to 2.93 million gallons of water per day subjugating Farmington citizens to this significant amount of water. That this contract prior to DNR's evaluation and approval is fiscally irresponsible. This contract protects the developer, not the citizens. The same citizens that Farmington leaders took an oath of office to protect and to serve. Cities supplying the data centers out of their own domestic water can also circumvent Minnesota's water prioritization statute in case of water scarcity. This could allow data centers to jump the line in front of which they're a priority five to jump the line to priority one well ahead of small businesses and our struggling farmers. I get it that Minnesota is supposed to be a new business friendly state. But these new data centers should not drain our natural resources without state oversight and regulation and protection. Please approve SF3852 so that other cities don't suffer like Farmington. I'll be happy to answer any questions you may have. Thank you. And for those who already testify, you know, do stay on in case member have any question for you. I'm going to call Jenna Van Den Boon to the testifying. Oh she's on remote, so be ready. Next will be Mr. Wginis. Thank you, Mr. Chair. I'm Peter Wiginius, Legislative Director at Sierra Club Northstar Chapter. Thank you to Senator Johnson Stewart for offering Senate file 3852. Why is Minnesota such an attractive place for Big Tech to locate hyperscale data centers? The first reason is obviously the subsidies the state provides for Minnesota taxpayers. But the second reason is likely our waters. Using our waters to cool their hyperscale data centers can save Big Tech owners huge expenses compared to air cooling with electricity. The owners want massive amounts of drinking quality water because it's the cheapest way to cool. Others have already noted that a separate DNR permit is needed to ensure residential customers remain the priority. But that's not the only reason. The expert staff at DNR need to be involved, even if the people they answer to aren't certain that is needed. Because cities are not equipped to deal with big tech behemoths and cities are not charged with protecting aquifers. DNR is. Our water resources do not follow municipal boundaries. A broader perspective and the expertise that comes with it are necessary. Furthermore, we have an incentive problem. Cities are going to look at data centers as a way to raise revenue. But the gap between the size of a big tech owner of a hyperscale data center and a municipality in Minnesota can hardly be overstated. It is a chasm. That small municipality could sell water at many times the rate they charge to residential customers, and the city could feel like that's a great deal for them. But it would still be a small cost to the hyperscaler compared to the cost of cooling without our water.

Bother

That is why it is virtually impossible

Aother

to create an effective financial incentive for water conservation through the water bill. Consumption of drinking water needs to be directly regulated to protect our water resources for future generations. This must be the DNR's responsibility. And thanks again to Senator Johnson Stewart for offering this bill which is both responsible and necessary. Okay, thank you. We'll go to our remote testifier. We have two. First testifier is from Stop the Montecell Data Center Group. Ms. Vande Boone, are you online?

Bother

Yes, I'm here.

Aother

Okay, stay here.

Bother

I'm not sure why my video's not working.

Aother

We see you just fine.

Bother

Okay, sorry.

Aother

Now it's off, but. Oh, right there.

Bother

Yeah, I don't know what's going on. I'm sorry. Hello, my name is Jenna Vandenboom and I'm from Monticello, Minnesota. Thank you for allowing me the time to testify today. I'm here on behalf of the Stop the Monticello Data Centers Group. Our group consists of over 1400 members and continues to grow daily. The goal of our group is to put a pause on hyperscale data centers of Minnesota until regulations to provide the necessary protections for building something as impactful as hyperscale data centers are implemented. The previous laws passed did not provide adequate protections for the people or the environment. I'm here today to speak in support of SF3852. This legislation is important to me because the hyperscale data center boom in Minnesota and specifically Monticello pose additional threats to the Mississippi river, now labeled as the most endangered river in the US and our local aquifers. We currently have two hyperscale data center proposals for Monticello, one of which is a 3 million square foot hyperscale data center. 550 acres of what is currently mainly farmland. If this proposed hyperscale data center goes through, it would roughly double the amount of water currently being pulled from the aquifer. That's not taking into account the amount of indirect water used or the second proposed hyperscale data center. We currently have people in Monticello that already don't have access to clean drinking water from their tap, high levels of manganese in our water and aquifers that are already vulnerable as the tritium and oil leaks from the Monticello nuclear plants have already displaced. This issue is putting city governments at significant odds with their constituents as they determine how to independently navigate this uncharted territory. Monticello city government has repeatedly questioned its ability to create and or enforce rules that exceed that of the state government. I understand the concept of wanting cities to maintain the autonomy to act independent of stringent government oversight. But that being said, we have cities from all over the state represented here, and the decisions made here pose significant ramifications for all Minnesota students. It's important to note that if left in city government hands alone, when all these hyperscale data centers get approved, the scale of ramifications will be felt not just across our state, but throughout our entire country. We need to implement measures that hold large industrial water users accountable by requiring them to have their own permits, monthly tracking, and allow for public comment. As we are the first line of defense, continuing to leave these decisions in the hands of individual cities without the guardrails necessary for guidance is irresponsible and has had a significant impact on our current situation. That's why I'm asking for you to support SF3852. Thank you so much for your time and consideration and I'm happy to answer any questions.

Aother

Thank you very much. Let's go to our second remote testifier, Dr. Lewis, and help me with the last name here. Schwartzkope. Yep. So go ahead, state your name for the record. Louis Schwarzkopf. And thank you, Mr. Chair. I'm a retired physics professor from Minnesota State Mankato and a volunteer with Isaiah and I'm testifying in favor of Senate File 3852. I want to tell you North Mankato's experiences with the hyperscale data center developer. North Mankato is entirely dependent on the Mount Simon aquifer for its drinking water. The Mount Simon, as you know, is protected by state law and can be used only for domestic purposes and not for commercial, industrial or agricultural uses. In 2023, a developer approached North Mankato city staff with the proposal for a hyperscale data center. City staff signed a non disclosure agreement. So the development proceeded in secrecy. Then In April of 2025, the city posted the required environmental review of the proposed data center on their website for public comment. The draft auar, that's what it was, stated that the development, which it called a technology park, would get its water from the city water system using the city's permit, thereby circumventing the restriction on industrial water use. North Mankato's water Appropriation from the Mount Simon is 570 million gallons a year. In 2023, the city used 533 million gallons. Water use of the proposed data center was estimated from data in the draft auar to be 450 million gallons a year for a water cooled system and 180 million gallons a year for a non water cooled system, clearly exceeding North Mankato's appropriation. The city lobbied the legislature last year to amend the Groundwater Protection act to give them the water they needed, but were unsuccessful. My point is this. This bill, by requiring a separate permit for data centers, will help to protect North Mankato and other small cities from data center developments that approach them. And it will help protect the aquifer as well. And they encourage the committee to support it. There's more information in our written testimony and I'd be happy to answer your questions. Thank you very much. Thank you very much. Now, members, any questions to Senator Johnson Stewart or comment on the subject matter or question to any of our testifiers? Certainly. Thank you, Mr. Chair. Thank you, Senator Johnson Stewart, for bringing the bill. When the chamber testified, they had actually brought up some of the questions. They don't seem insurmountable some of their concerns. It isn't necessarily the real context of the bill. I guess as I was going through the amendment, that was one of the things that popped up to me right away too, was the removal for the requirement of the aqua for testing. Can you just give us what the reasoning for that was or. I remember going through that years ago and, you know, kind of everybody being on board with that. Aquifer testing was kind of the bellwether for what we were doing when it came with groundwater. Can you give us a little more detail on that, why it was removed?

Bother

Sarah johnson, Stored I'm confused because I think in the amendment it doesn't remove it. Let me take a look here. Where are you talking about, Senator?

Aother

Language. Thank you, Mr. Chair. On the original bill, starting at line 2.21 and under, let's see, it's subsection B, I believe it does delineate the requirement for an aquifer test. And in the amendment it does, it mentions it, but it doesn't really require it. And I don't know, it just seemed like that if that was a legal necessity out of some reason or.

Bother

I'm going to phone a friend. Is Ben here? Or Carly? Ben? Stanley

Aother

so, Stanley

Bother

yeah, I'm confused because I think it's moved. That's what we're trying to figure out right here, but go ahead, Mr. Stanley.

Aother

Mr. Chair, members, I believe the current statute allows but does not require the DNR to require an aquifer test. And the bill as introduced, not the amendment, but the underlying bill that Senator Lang is asking about, said that DNR essentially said the same thing, that the DNR can require an aquifer test if the commissioner determines that the test results are necessary to ensure public health, safety and welfare, et cetera, are protected. The language in the amendment that addresses this issue is found at the bottom of page two and the top of page three. And it leaves in place this DNR discretion to order an aquifer test, but simply says that where it exercises that discretion and orders 1, the results of that test have to be considered as part of any environmental review that takes place place in connection with it. So I guess my question remains.

Bother

Question. So tell me your question again. Because we didn't take it out.

Aother

Say that again.

Bother

We didn't take it out.

Aother

Right. You and Mr. Chair. Thank you. We removed the requirement for the aquifer testing. That would be correct, right, Mr. Stanley. So it is up to the discretion of the DNR at this point with the amendment.

Bother

Go ahead, Mr. Stanley.

Aother

Mr. Stanley Mr. Chair. Senator Lang. No, my understanding is the statute as currently written and the bill as introduced and the amendment, it's discretionary under all three of those. It's just that where there is one under the amendment, it is now required to be included in environmental review. Where there's going to be environmental review.

Bother

I think Senator Lang is saying the word discretionary means it's at the discretion of the DNR. It's not required. Is that your question?

Aother

Thank you, Mr. Chair. And that was my initial thought when reading through the original bill, where I thought it was required by paragraph 2.2. Paragraph 2, where I tend to agree

Bother

with that, that we should leave it in as required.

Aother

That is the intent of my question. Yeah.

Bother

Mr. Stanley, do you remember as we talked through the amendment, Mr.

Aother

Chair, the original language in the bill that you're referring to, Senator lang, on lines 2.21 to 2.25 says that an aquifer test has to be undertaken only. And here are the words, I think, that answer this question. If the commissioner determines that the test results are necessary. So it is discretionary under the bill as introduced, and nothing in the amendment changes that discretionary nature.

Bother

So that's what I was confused about, because I don't believe we changed that. We only changed the requirement that the bill or the results have to be included as part of the environmental assessment.

Aother

Certainly, Mr. Chair, I think maybe the question should be with the gallon amount and the water usage amounts we're talking about. Maybe the question is, should we.

Bother

Should we require them? That is well taken. So to keep. So I want to affirm what you're saying. I think that we worked on this bill with industry and with many stakeholders, and I think the intent was not to change that portion, but to change the publication, what we're really. Or the distribution of the results. So what we really want with this, the general intent of this bill is to prevent large water users, regardless of who they are from. And keep in mind, 100 million gallons a year is a lot. It's not irrigation or it's not farming. It is a large water user. So we want to curtail this practice, like we saw in Elko Newmarket, of tagging on to a city's water permit for many reasons, one of which being that it expose, you know, it puts the liability of the water use on the permittee and not the city. It also then opens up that permit to public comment. And so those were what we were really trying to get. Those issues are what we were really trying to get to. And I hear your interest and concern in requiring an aquifer test. That came in at the end and we did request. That's why the amendment includes that part. We did talk about it, so I would say noted, but I think this was what we thought we could get through this session and we're working in collaboration with what happened in the House, and I think my main intent is the permit part and so we can continue to talk about it. But that was my motivation.

Aother

Starlight thank you, Mr. Chair and Secretary. Senator Johnson Seward the next question would be actually the second part of what the chamber had said. Again, they didn't seem the context of the bill didn't really seem to bother him. It was some of the processes that happened within. But the public notification, what he mentioned, is there some thought or some language where you could get the results you wanted with public notification, but also streamline some of it? Is there a way to do that? Senator Johnson STEWART Perhaps.

Bother

I think there are some standards around public notification. And how much time I believe it says at least 30 days for public comment is what's in our amendment. I would defer maybe to Council. Is that kind of a typical thing? You know, we could be. I mean, I would be open to talking about that if that stream like the process. But to me, 30 days is pretty typical. I guess we took that language from standard language. But maybe Mr. Stanley can respond.

Aother

Mr. Stanley, Mr. Chair, senators, this is something that's determined differently across different statutes. Some set it at 30, some said it at 60, some said it at other periods. I don't know if somebody from the DNR has a good sense for what the average is. I certainly don't. Anyone from the dnr?

Bother

Bueller. Bueller. That's what you're supposed to say,

Aother

Or. Yeah. Mr. Chairman, for the record, Jason Meckel, Assistant Director, Ecological and Water Resources at the dnr, My colleagues and I all looked at each other and we think 30 is pretty standard.

Bother

Sorry. Okay.

Aother

Any other questions? Senator green thank you, Mr. Chair. Listen to the testimony of both the Chamber and the dnr. So you can stay there for a minute, if you would. It doesn't sound like they're anywhere near being able to implement this. Did you discuss this with them at all on the permits and what was the result of that? Senator Johnson stored.

Bother

Thank you, Mr. Chair. And thank you, Senator Green, for allowing me to say out loud and present proudly that we have a fiscal note on this bill and some of the challenges. I think you heard Mr. Meckle talk about some of the challenges with the permitting. Did you say that? Did you talk about that? Yeah, some of the permitting constraints and what they'd have to do in order to create the sub permittee process. So we did talk about it. I think we have heard, regardless of the committee, we sit in, some of the challenges that some of the software and programs being used by our state and our carnies are being subjected to right now. But we don't have a solution for it. But we did get a revenue note and we would look to work with the dnr. I think for me, this is an important enough issue that we need to work through it. And I trust that the feedback they gave us for the revenue note was thoughtful. That's my answer.

Aother

Okay, Mr. Chair, thank you for the DNR then. I've dealt a little bit with water usage not on the data center, and it's obviously about data centers, but with irrigation. And some of my irrigators have gone through, they've gone through hell trying to get their permits up and running. And when they do, they can be cut off if the wells go down. So if you got private wells and they start to drop, policy in Minnesota is your heavy users have to stop using water, is that still in effect in this situation? Mr. Chair, members, senator Green. Yes, the state law protects domestic water supplies and an agricultural irrigation permit is only subject to being suspended during the growing season and if it is endangering a public water supply or a domestic water supply. And that is my point. So there is protections there right now. And we're trying to, you know, we're kind of jumping the gun. I don't know if the data center in Monticello is still moving forward. I had heard one time they had given up and, you know, so you won that one. But we're going after this. And the same is true with the mpca, if there's any. And you don't have to answer, Senator, but if there's any problems with any kind of chemicals or any kind of pollution within the water, the MPC 8 already has the ability to step in. And so one of the questions that I have when you do this statewide, and I'll go back to the irrigators on a smaller scale because that's what I dealt with. There was concern that one farming group was using 7 million gallons of water to irrigate, but the aquifer itself was over a trillion gallons. And so the 7 million gallons didn't really affect the aquifer. And so, you know, we're talking about a set amount here. And I'm not going to tell you that I'm for or against the data centers. I don't have a dog in that fight. But I do worry when we do blanket stuff across the state because that affects my area a great deal. Maybe not in this area, but a lot. And I would rather see it be done on a area by area scale. And then I'm going to stick up a little bit for the city councils here, even though you may have some problems with them. They are elected by the people and if there's a problem, then they can deal with that. So I'm just. I'm not comfortable with the bill for a couple reasons. One, the agencies obviously are not ready for it. And not taking into consideration the amount of water in any given area seems to be a little overbearing.

Bother

Mr. Chair, I think this bill is very well thought out and very important, regardless of which corner of the state you live in. We specifically removed the word data centers. I think data centers has been at the top of our newspaper headlines for a while. But really when I started thinking about this issue was when Elko, Newmarket, the city council. And if anybody, if I say anything incorrectly, I would welcome a correction. But the city council approved a sub permit on their own water permit. They didn't require the Niagara Water Bottling Company to get their own permit. Okay. And they use a lot of water. So 100 million gallons is a significant amount of water, 100 million gallons a year. So what happened in Newmarket was the city council said, yay. This was, you know, they approved the water bottling plant to hook into their city water supply without their own permit. And what happened, as you will see, because aquifers are finite, is all around the watering plant. Farmers, people who wanted to irrigate, people who wanted to just drink the water from their tap, their aquifer ran dry because there wasn't the planning or the assessment. Assessment it is. Hydrology is science. And it is hard to know straight up if, yeah, I think that sounds like a good idea without really doing the math or looking. Some aquifers are rich with water and some are not. Some aquifers have potential for manganese to be drawn in when the water goes down. It is a scientific assessment. And that's why I think, I think regardless of the user, 100 million gallons will trigger this assessment. Wherein whether it's a bottling company or some other massive. Who knows what else might happen in the next 10 years. But there is an assessment of. Is this something that the local aquifer can handle. So this to me is not just about data centers. You guys know I'm fighting for the data centers and helping to make Minnesota. Yeah. Much to my some of my colleagues chagrin. But I think this is an important issue regardless of who we're talking about in we've heard water is going to become more valuable than oil pretty soon and I firmly believe that we must proactively guard our water regardless of if it's going to be used. I know I got to hurry anyway.

Aother

Is this bill will be laid over?

Bother

I know, I'm sorry. I get passionate about it.

Aother

But that's your intent, right? You don't want to lay.

Bother

Yes, I would very much like it to be laid over. I'm not sure where it goes next. I'm sorry.

Aother

Just, just for the sake of time, you know where.

Bother

Well, you get a college professor talking and it's going to be a problem. So I apologize.

Aother

Thank you. And this bill will be layover. Thank you. Senator McCune on center file 1245. Sir. McCune, welcome to the community that you are vice chair of and so to your bill. Sarah McCune and we do have testifier, a long list of testifiers so our 2 minute time limit do kicks in.

Bother

Very good. Thank you very much Mr. Chair. Members, it is my great pleasure today for the opportunity to present Senate file 1245. This bill has been worked on and is supported by a diverse coalition of organizations from the backcountry hunters and Anglers, the North American Grouse Partnership, the Isaac Walton League, to the Cook County Coalition of Lakes Associations and the Minnesota Indian Affairs Council and many others who are all listed in the handout. In the packets that you all have there's a handout that looks like this and there's some maps on there as well, some really great information and a list of the supporting organizations that are part of this coalition. Senate filed 1245. Would enact trail management practices that would better protect and preserve our current ATV trails as well as our state's beautiful lakes, storm streams and wildlife habitat on the public lands that belong to all Minnesotans. Importantly, the Department of Natural Resources. Current trail planning, design and development guidelines are voluntary and unenforceable and current practices allow trails to harm our natural ecosystems if modifying the trail would appreciably diminish their value to the use of users. This bill would provide a buffer between ATV trails and exceptional use waters and require an environmental assessment worksheet to help inform regulatory bodies of any potential negative impacts to habitats and the broader environment as new trails are contemplated and developed. Mr. Chair members in a DNR 2022 ATV Master Plan survey, Other stakeholders and there are many people who have a stake in the state of our trails and ATV use in northern Minnesota. Those other stakeholders concurred with the need for the additional improvements to trail development which this bill addresses. For example, the DNR itself said improvement of marked routes greatly reduces off trail riding and in addition to that, 29 retired DNR staff members, some of whom were conservation officers and wildlife managers, agreed with that assessment in a Star Tribune op ed last year, which is also in your packets, and this bill addresses that. Additionally, in that master plan survey, dealerships of ATVs said trails need more signage or enforcement and northern Minnesota has a decent presence of enforcement, but this could be improved. Trail administrators said clubs sometimes circumnavigate the state program to do trail systems on their own without appropriate coordination with surrounding agencies. And additionally, city and township representatives said that users oftentimes do not know where they are allowed to ride. So this bill attempts to address that. Specifically. There are five things that I want to point out that this bill does. Primarily, this bill makes our state law consistent and fair throughout the state with access to designated and posted trails. This not only helps ATV users know where to ride, but it reduces illegal trails from being made and reduces potential confrontation with accidental property trespassing as well. Additionally, the bill creates buffer zones which I referred to, which codify DNR and U.S. forest Service guidelines for water protection. Third, the Bill implements a 2003 legislative audit recommendation requiring environmental assessment worksheets or EAWs for future trail development. Fourth, the bill lays out a process for seeking tribal approval as well as local input from municipalities early in the trail planning process and 5 the bill provides for a trail decommissioning process that would allow citizens, local citizens and then going out to the state in larger numbers to petition if they have material evidence of of environmental harm occurring, that they could petition the DNR for a consideration of decommissioning of a trail. So I just wanted to say in conclusion before we hear from our testifiers, that the coalition supporting this bill has worked tirelessly to negotiate a reasonable compromise to address the concerns that both ATV users and organizations have raised. And despite these good faith efforts over quite a bit of time there has been an extensive spread of misinformation and fear mongering about this bill and what it does and doesn't do, including some quite despicable and even racist bullying that occurred toward members of this body over recent days. I really want to say in conclusion that, you know, as a, as a Duluth gal who, someone who grew up in Duluth and was in the north woods all the time with my dad when he was hunting out, hiking, doing all sorts of fishing on the lakes in canoes, I like ATVing. I think ATVing is really fun. And what this bill attempts to do is to just clarify for all of us in the Northwoods to make it fairer so that we know where the ATVs go and where to have fun doing that. And we also make sure that we're not destroying wetlands. We're not making it hard for other people who like to enjoy the woods in other ways can also get out and do that. So I really see this bill as an opportunity to make sure that as we develop the trail system and, and it is increasingly being developed, it promotes business, it has wonderful attributes as we do that, that now is the time to set out a really smart way to do that, to protect our lands and our waters and our communities as we do this build out. And with that, Mr. Chair, I would like to hear from our testifiers.

Aother

Okay, thank you, Sarah McCune. We have a list of testifier and going first will be Ms. K. Kelly Applegate from the department, from the Commissioner of Natural Resources, Malak Band of Ojibwe. She's on remote right now. If you can switch your camera and audio. Mr. Sorry, can you hear me all? Can you all hear me? Yes, we can hear you and see you as well, but now we lost visual.

Bother

I think we need talks. Come back on.

Aother

Okay. There we go. There we go. I see myself there. All right. Well, good afternoon, chairman, members of the committee. My name is Kelly Applegate.

Bother

I'm the Commissioner of Natural Resources for

Aother

the Mille Lacs Band of Ojibwe, and

Bother

I'm here today to testify in support of Senate File 1245. The bill is designed to preserve and

Aother

protect wetland areas and natural habitats, including our sacred manoomin or wild rice areas

Bother

and other sensitive areas, from the impacts of motorized off highway recreational vehicles and activities across the state.

Aother

As of April 2024, the state of Minnesota has recorded 522,000 motorized off highway recreational vehicles.

Bother

The state continues to issue permits for

Aother

expanding trail systems and allocates grant and aid funding for the creation of additional off highway vehicle trails that may be

Bother

located near reservation lands and ceded territories

Aother

where tribal members have federally protected hunting, fishing and luring rights. This activity has several acknowledged environmental impacts

Bother

that threaten our delicate ecosystem. This bill proposes reasonable measures to address

Aother

some of the primary consequences of those

Bother

activities of utmost importance to us is

Aother

engaging in consultation with tribal nations regarding

Bother

off highway recreational vehicle trail development that

Aother

may traverse tribal lands and and our ceded territories. Our shared natural resources are facing significant

Bother

stress due to the various effects of climate change. Off highway motorized recreational vehicles contribute to these impacts by increasing soil erosion, degrading water quality and facilitating the spread of invasive plants and species.

Aother

These and other environmental impacts threaten our traditional practices which greatly depend upon our

Bother

sacred which we greatly depend on our sacred manoomin or wild rice and other natural resources, including medicinal plants used for ceremonial purposes.

Aother

Mr. Applegate, if you can go to a conclusion, that would be great.

Bother

Yes.

Aother

Yep.

Bother

The proposed legislation suggests practical strategies. These prudent measures aim to safeguard and sustain the lands for generations to come. The collective effort of this bill supports our cultural sustainability and traditional values. And with that I say Chimigwech. And thank you for your time.

Aother

Thank you. Next on remote is Gretchen Mamel.

Bother

Yes, you got my name right. Thank you, Mr. Chair. My name is Gretchen Mamel and I am speaking in support of this bill. I retired from the DNR in 2022, manager of the Red Lake Wild Management Area and I've had considerable experience in the field of managing both motorized and non motorized trails. My former work area is within the Beltrami Islands State Forest which is currently listed as classified as a managed forest where every trail without a sign specifically marking it closed is considered open. And this is true whether that's by design or by default in cases of where the trail was created illegally by cross country travel or where the trail close sign was removed by a user. And this is a problem that causes damage in our forests and costs a lot of time labor during my career for me and for other DNR staff to manage in terms of replacing signs, repairing damaged areas and having to place physical barriers across closed trails where signs kept disappearing. With this legislation, field staff can instead focus on making a high quality off road vehicle system. Now, marking trails open for motorized vehicles where their use is appropriate and does not cause any damage is never a problem. These trails provide good access for people using motorized vehicles as they are on high ground with soil that can sustain motorized traffic and it allows for a much better managed system of trails. Marking trails open for use rather than closed provides ATV and other off road riders with the well managed trails that they deserve and desire. This bill does that and it also would unify state policy north, east and south of Highway 2. I'm available for questions if anyone has any later.

Aother

Thank you. Next we'll go to Ms. Susan Sherbert. I think she's here.

Bother

Yes, thank you Chair her and committee members. My name is Susan Shubert and I'm with Minnesota Public Lands Coalition. The three measures we are focused on this session are access to posted and designated trails only, which is for state lands only, not county, to unify state policy, local input at the beginning of a project, and tribal approval. There have been many social media posts recently misrepresenting this bill saying that SF 1245 would close all ATV trails or limit trails that families have used for many years. This is completely not true. This bill will actually improve current and future trails for families and preserve this part of Minnesota's outdoor heritage. In fact, the 100,000 miles now open to off highway vehicles statewide that includes county miles, which is DNR data, would stay open and no hunter or trapper exemptions would be affected. The access to designated and posted trails only helps riders know where they are, increases rider safety and reduces habitat fragmentation and degradation for wildlife and the devastating spread of invasives deep into our forests. And north of Highway 2 is the majority. However, south of Highway 2 OHVs can only access designated and posted trails. This measure has been in place south of Highway 2 successfully for over two decades and is proof that it works. It's also used by DNR managed lands in all of Wisconsin. This measure helps the DNR and ATV clubs maintain high quality trails by not diverting manpower or money to to repair damage sensitive areas or remediation for damage from user created trails in wrong places is costly. As the DNR stated in its recent statewide master plan, maintenance funding is limited and before adding new trails it is critical to be sure there are sufficient resources to take good care of what we already have. The common sense measure to access designated and posted trails only helps reduce maintenance costs and helps to protect the estimated expenditure of $80 million by DNR alone for off highway vehicles since 2016. Please support these measures protect our forests, trails and our shared investments. Thank you.

Aother

Thank you very much. And we have from remote Jeff Burch. Welcome. After Jeff Burchin is Greg Val hello, My name is Greg Qualley. I'm a member of Backcountry Hunters Board Director. A little background on myself. I'm a 30 year employee, retired employee of the DNR. I was part of the original team that developed the current rules and OHV regulations about two decades ago. One thing I can say personally is and the statistics support this, the use of OHVs in Minnesota has increased exponentially. Backcountry hunters and anglers is a public land, water and wildlife advocacy group. We support all legal uses of public lands and we Support Senate File 1245, specifically the unification of the rules in both the north and part, excuse me, both the north and south parts of the state. Now, the committee's going to hear plenty of testimony today that this is all about a loss of opportunity and rights. And that simply just is not the point. The rules have worked excellent in the south half of the state. I'm a user myself. I live in the south half of the state and I have no problem complying with the OHV rules in the southern part of the state. I also have property in the northern part of the state and I have some problem complying with the rules in the northern half of the state because it's not clear where I can go and where I shouldn't go. So at a minimum, I would recommend to the committee that the rules be unified statewide. If there are objections to other part of this bill, I would highly recommend to the committee that they work out the differences on this bill. But please unify the rules statewide for all of us. Thank you very much. Appreciate it. Thank you. And let me go back to Jeff Burchan. If it's not online, we're going to go to the next testifier. Dr. Laura Perez. Hello, Jeff. This is Jeff Burcham. Okay, go ahead. Hello, my name is Jeff Burcham. I'm a concert was a conservation officer for the DNR for a little over 25 years, mostly in the Beltrami county or Beltrami Island State Forest in Lake of the Woods County. I've just got a couple of comments I want to make today. Number one, this bill simplifies state regulations. Right now about half the state has rules that trails are closed unless posted open. And the other half, which are up north, says trails are open unless posted closed. This is confusing to people and makes enforcement of the rules harder than it needs to be. This legislature should fix this by passing this bill. Number two, this bill will help keep regulation signs in place. If you can't ride on a trail that's posted closed, what we see, a lot of times people tear down the signs. That is a major problem for enforcement officers. Without a closed sign in place, I couldn't enforce keeping people from these riding and causing damage to these environmentally sensitive areas. Number three, this bill will keep illegally new trails from forming In a very short time. A new trail can be illegally developed. Once a visible trail is present with no sign place marking it, it's closed. And by definition now it's open. That means continual time and money spent by the DNR to keep looking for these new trails and posting them close. Now, I understand that trappers and deer hunters are concerned about this bill. They shouldn't be. As a trapper and a deer hunter myself, we have an exemption to travel off trail with ATVs when you're trapping and also to retrieve a deer during deer season. Nothing will change with that. With this bill, my recommendations as a former enforcement officer who spent his whole entire career in the field enforcing ATV regulations is to simplify the state's regulations and make it statewide that all trails are clear closed unless designated and posted open for off road vehicle use. This is what this proposed legislation does. Thank you for your time. Okay. Senator McCune, you know, we're a little short of time, you know, and this, this bill do need some work and more discussion. And I know there's. We have whole lists of people and I still have a bill coming up to. But because of the current decorum and security reason, I think we're going to have to have a hard stop at five. I know that there's two people there lined up to speak now, but let me get to the DNR so that we have diverse, fair perspectives as well. So can I call the dnr? Yes, why don't you go ahead then. Followed by the DNR. Yes, go ahead.

Bother

Mr. Chair, members, my name is Dr. Laura Preuss. I'm a statewide manager with the DNR's Parks and Trails Division. So I'll try to cover both of those at once. I do have a handout that is in color. I think you have a black and white in your packet. Thank you very much, Mr. Chair and members. We appreciate the opportunity to be here today to talk about the importance of OHV trail management while also achieving natural resources protection. We'd like to briefly share about our process and discuss some of the ways that this bill will change that. On this handout, I have an example of an OHV trail designation process on the one side and a map on the other. I'll begin on the first page. This demonstrates the extent of steps and review that must take place before an OHV grant aid trail is designated. In the early steps, this requires work and coordination with the local units of government and clubs sharing information about effective trail management. And then as we go through the steps, it includes DNR interdisciplinary review with all divisions as well as Regional Review. DNR's Tribal Liaisons work to coordinate tribal review and consultation, and the environmental review unit reviews the trail proposal to understand what is required under eqb rules. And there is also a public review process required. After all of that review, a decision is made whether to designate that trail into the grant and aid system and all permits must be achieved before any construction begins. There's also ongoing annual maintenance. Most of the grant aid program is for maintenance and less rarely is it new trail. You can see this is an extensive process and this bill changes this in the sense that it adds many, many more extensive restrictions to OHV trails as well as changes the environmental review process in ways that are different than other types of trails. On the second page it shares the state's state forest classification process. On the map you'll see several different colors. The red colors are closed forests. Those are prohibited to OHV use. Yellow forests, forest areas are limited where those trails are closed unless posted open and finally managed. In the very northern part of the state are trails that are open unless posted close closed. This was after a comprehensive public process. I'd like to point out that managed forests can have limited and closed portions of the forest within that, so we have systems in place to achieve that. This bill essentially removes the managed forest type which has many significant implications that may be more than meets the eye. The last part of the sheet explains how we have the ability to monitor and clear close trails as needed due to environmental concerns and OHV trail closures are posted on our website. In closing, I would like to note that we have recently released OHV Master Plan strategic Master plans for ATVs, OHMs and ORVs after a multi year process with extensive engagement. This is posted on our DNR website and I would really encourage everyone to look at those plans. They consider where is it good to have ATV OHV trails and where is it not? It's an excellent resource for people that might help us all work through this. Many of the things that are brought forward in this bill are addressed through those strategic master plans and we look forward to working together on OHV management topics and natural resource protection. Thank you.

Aother

Thank you very much. And I'm going to skip a few people that are on the list. I want to call Mr. Ron Porter of President ATV Minnesota to be the next testifier as well. So Ms. Graham.

Bother

Okay, thank you.

Aother

Why don't you go ahead with your testimony.

Bother

Thank you. Chair her and Senators, I'm Karen Graham from Eagles nest Township in St. Louis County. I support Senate File 1245 with emphasis on early local input. Most OHV trails are in greater Minnesota where over two and a half million people live. Many don't know a trail is considered until construction is underway. I believe we can all agree that the process to survey and plan trails is time consuming and expensive, involving staff from state and county agencies. Unfortunately, the process excludes local input until public comment period at the end. This delay raises the possibility of more time and money on plan revisions, which is a big loss for everyone. SF 1245 adds local knowledge during the initial step of the grant and aid process, this measure was revised after input from legislators, county commissioners and vested recreation

Aother

groups in the bill.

Bother

City councils and town boards are notified of trail planning by the DNR or county board. This shifts the responsibility onto local governments for informing people in affected communities and deciding how much to participate in planning. SF 1245 effectively uses Minnesota's existing elected councils and boards to the trail planning process with local voices from cities, towns and tribal lands.

Aother

Please support this bill.

Bother

Thank you.

Aother

Thank you very much and well welcome Mr. Ron Porter. You may testify in the following by Corey Cease, Chairman, Herd and Committee members. Thank you for the opportunity to speak today. My name is Ron Potter. I serve as the current President for the All Terrain Vehicle association of Minnesota. Together with our 71 member clubs, we build and maintain a sustainable ATV trail system across Minnesota that supports local economies, enhances outdoor recreation while protecting our natural resource. I am here today to express our strong opposition to Senate File 1245 because it threatens the responsible trail development framework that we have worked decades to establish. Over the last two years, we've worked in good faith with Senator McHugh and others to find common ground and improve this bill. We've also had discussions with the DNR and the counties as the bill directly impacts lands they manage. While we're allowed to use limited areas of the land they oversee, we neither have the authority nor make management decisions on those lands. We work to be good partners as they manage for multiple use. All ATV trails are developed through rigorous permitting process. This is a public transparent and administered by the dnr. Trail development and maintenance follows the environmental best practices. The ATV program has Trail Ambassadors that are trained by the DNR who monitor trails, identify maintenance issues early, and notify both local clubs and the dnr. These Trail Ambassadors also interact with trail users they encounter to answer questions and to ensure they understand the rules and the expected behavior. They're also trained to identify invasive species, mark their locations and provide that information to the club in the dnr. This DNR Trained Ambassador program is a unique example of how the ATV community takes responsibility for stewardship and education. For these reasons and several others. The All Terrain Vehicle association of Minnesota and its member clubs strongly oppose Senate file 1245 and respectfully ask for your no vote on this bill. Finally, ATV Minnesota wants to be clear about the tone of this discussion. We are aware that some communication legislators regarding this bill have been inappropriate, including language that is disrespectful, misleading or in some cases offensive. ATV Minnesota does not not condone hateful or discriminatory communication of any kind. We believe strongly that policy disagreements should be addressed through respectful fact based dialogue. While we have serious concerns about Senate file 1245 and oppose it as written, we are committed to engaging in a constructive and responsible conversation grounded in accurate information and a shared goal of balanced, workable solutions for Minnesota's public lands. Thank you for your time and consideration. Thank you very much, Mr. Porter. Next is Corey Heath, but I want to call Chris Berger to come forward as well. Okay. Mr. Thank you for giving me the opportunity to talk to committee on Senate file 1245 and the task County Board of Commissioners also have an opposition letter on this bill. Recreational trails are vital to our northern communities which are dependent on tourism for supporting our local economies. This bill puts additional and unneeded restrictions on further trail development and use of OHVs within the state. Like many other northern counties, Itasa county utilizes a county OHV develop trail development policy alongside the state's grant need procedures for all OHV trail development. These policies require that we have public notice and consultation early in the process. Our policy does and landowner permissions, environmental permitting and they must be attained before any trail can be established and opened. Our policies, as well as grant and aid procedures require the DNR area and regional reviews and state environmental review programs which if thresholds are met, would include an eaw. And very importantly, our policy requires local and government as well as public notification for the required public meetings and public comment periods. And local governments also also still have the opportunity to create ordinances to regulate uses within their powers and their jurisdiction. The current trail development process can take four or five years or longer, sometimes often longer before a trail is established and open to use. Also, especially given the state of our ATV Fund, our trail funding and grant sources essentially mirror many of the regional trail projects currently have these stringent requirements for cultural Also cultural environmental review, our land department provides oversight on trails in the county. We take great pride in our stewardship for the natural resources we manage to protect. We provide local oversight by natural resource professionals with firsthand knowledge of the land. With this oversight we are able to review and steer proposed projects into areas that have least amount of environmental impact, including the use of existing forest transportation infrastructure structure that is would minimize any additional impacts by establishing a new corridor. So we thank you for giving us the opportunity to speak on this bill and we hope that you vote. No, thanks. Thank you. I'd like to also call Mr. Jeff Salmon to come forward as well. And now Mr. Bork, with your testimony. Chairman her and members of the committee, thank you for the opportunity to testify. My name is Chris Bjork. I live in St Paul and I'm a District 67 constituent of Chairman Hers. And I'm here to respectfully oppose Senate File 1245, a bill that would dramatically reshape off highway vehicle management in Minnesota. Me and my son are avid dirt bikers, spending much of our summers riding and maintaining trails in the magi State Forest, as well as participating in organized trail rides and enduro events in other state forests. The proposals in Senate File 1245, while called Common sense from proponents, are far from it in reality because of time. I'll try to focus on just one area. But the main issue that I have a problem with is this bill creates a decommissioning process that's far too easy to trigger. Under Subdivision 5, as few as 50 local residents or just 150 Minnesotans statewide can petition the DNR to consider closing an OHV trail. The commissioner must review every petition within 90 days, regardless of whether any scientific evidence is provided. This invites organized campaigns to target trails across the state and forces the DNR into a continuous cycle of administrative review rather than focusing on resource management. It should be noted that this is only for motorized recreation too. This does not touch non motorized trails. So to sum it up, for these reasons, I respectfully urge the committee to not advance. Senate filed 1245 in its current form and thank you for your time. Okay, we do still have a few people on remote and I want to call them, although we getting closer to five and we may not have member discussion. But this is a bill that we will plan to at some point have more discussion on this and depend on Senator McCune, what's your decision on this bill? I think it needs more debate to make sure that we find the merit of this bill. So I also really appreciate, let's see Mr. Potter for making a good statement on being biased toward individual members and also appreciate, I know Senator McCune, you did allude to that itself about discrimination. And folks already stated clear earlier that what the bill is about, the bill is about our environment. The bill is not about Hate or anything like that. And I know that you alluded to folks that just left me a number of hate messages which I could, which I could accept of any apology. I live by the code of forgive those who know not what they're saying. And so we're talking about improving our environment, whether it's for ATV or environment, so that we can keep it long lasting for a future generation. That's more important than not taking the easy route of just telling someone to leave this country. And if the chair has left this country, we will not have fee increase or grant that I appropriated last session for the ATV and also many other things. And I might take a vacation somewhere, but I'll be back and still vote. So I'm going to make little exception with little time here, maybe giving five minutes so that we have everybody testify and then I'll go back to you, Sarah McCune, to, to see what your decision is on this bill. Okay, so because Mr. Edith is already here on the testify table, you may go ahead with, with your testimony and, and then be ready. Mr. Madison online. Okay, go ahead. Yeah, welcome Mr. I'm. I'm Jeff Salmos. Oh, Jeff. Jeff Salmo. Okay. Yes, Right. Go ahead. All right, Mr. Chair and members of the committee, thank you for having us. My name is Jeff sos. I'm a board of director. I'm part a board member of the Minnesota Four Wheel Drive Association. We urge you to oppose SF 1245 in its current form. Our community supports responsible recreation. We have volunteers that have spent many hours maintaining trails protecting natural resources along with the land managers. SF 1245 in its current form takes a one size fits all approach which without clear evidence of widespread harm, the 200 to 150 foot setbacks would eliminate large portions of sustainable long established trails in a state where water is everywhere, requiring environmental assessment worksheets for even minor trail changes. Even though the trail had the environmental assessment worksheet done when it was created would make a routine maintenance or safety improvements slow and impractical. Preventing or delaying very important environmental protections that we all want. Allowing just 50 individuals to trigger a trail decommissioning without proof of harm involves invites conflict, not collaboration. And using right or paid funds to potentially reduce access undermines a system that already works. We all want to protect Minnesota natural resources, but the bill doesn't balance protection practicality. It restricts responsible use without improving outcomes. I respectfully ask that you oppose SF 1245. Thank you for your time. Thank you very much. I'd like to call Willis Madison from online, Isaac Watten lead. And then Please stand by. Ms. Jody Provost. Thank you, Mr. Chairman, members of the committee, I am Willis Mattson, the master's degree professional ecologist and former MPCA regional director for 28 years. I find opponents to this legislation commit two serious interrelated errors. One such scientific and the other economic. First, ecology is really the study of nature's economics, which is my area of expertise. Opponents of this legislation cite a study claiming ATV trails brought $36 billion into Minnesota's economy. But independent reviewers discovered major flaws. The authors used a biased statistical sampling technique that wrongly exaggerated the positive market based benefits. But they never addressed or corrected these issues. Secondly, the study ignores the fact that researchers must also include the negative impacts of ATDs on nature's economy. Nature's economy is in free fall while the human economy grows. You know this if you drive an automobile. Because you've collected ecological data on your windshield in the past seven decades, the number of bug stains you've had to scrape off has diminished by about 70%. Science corroborates your observations that insect populations are disappearing due to disruptions in the food chain. Populations of birds, mammals, reptiles, amphibians, fish and various other animals are also declining rapidly. All of Minnesota, like the planet, suffers from the five top causes of these habitat loss, habitat fragmentation, invasive species, toxic emissions and climate change. Thus, ATVs contribute significantly but unnecessarily to all these stressors. And worse yet, the stresses are cumulative. They add or multiply one another. We must remember that ATVs, like all forms of motorized recreation, are discretionary activities as opposed to essential motorized activities like driving cars and trucks. This legislation would reduce adverse ATV impacts and begin to restore balance between our market and nature based economies. I strongly recommend committee approval of Senate file 1245. Thank you. Thank you. And Judy Povos. I also want to call Bruce Anderson to the table as well. Chef Harrod. That will be reading Bruce Anderson. Now let's go to Judy provost on remote.

Bother

Mr. Chair and Committee members, my name is Jodi Provost. I'm a retired Minnesota DNR Assistant Wildlife Manager and currently a wildlife biologist for the North American Grouse Partnership. Our mission is the conservation of grouse and their habitats through signs, policy, management and partnerships. I'm here to support SF 1245. Minnesota is blessed with four native grouse species, Greater prairie chicken, sharp tailed grouse, ruffed grouse and spruce grouse. When their populations are healthy, we know their habitats are healthy. These charismatic birds are part of what makes this state great and known for its Outdoor beauty and recreation, hunting and wildlife viewing associated with the presence of healthy growth populations brings in tens of millions of dollars per year to the state. Over 100,000 hunters, wildlife watchers and photographers bring grouse home in their game bag, memories and photos every year. However, three of the four species are of greatest conservation need in our state Wildlife Action Plan. Due to habitat loss and degradation, Grouse, like many wildlife, do not need the added stressors of additional OHV activity. Illegal trails directly destroy habitat, introduce invasive species that reduce the native plant diversity that grouse require for food and cover, and cause noise and movement that leads to avoidance of areas by grouse. The North American Grouse Partnership is in support of this bill because Minnesota needs grouse. Grouse need quality habitat and this bill will help secure that habitat by reducing illegal trail creation and helping users stay on trail. Please support SF 1245. Be proactive and responsibly steward Minnesota's natural resources. Thank you.

Aother

Thank you very much, Mr. Harris. Thank you, Mr. Chair. My name is Shep Harris. I'm reading a statement on behalf of Bruce Anderson who could not be here today. My name is Bruce Anderson. I'm here in support of Senate file 1245. I'm a retired natural resource manager with 34 years experience with the U.S. forest Service as a wildlife and recreation manager and four years with the DNR as a Wildlife Manager. During these years, I have been involved with and have considerable experience with motorized and non motorized recreation management in Montana, Idaho and Minnesota. My testimony today is on behalf of the Wildlife Society. Our primary interests revolve around motorized impacts on wildlife populations and or wildlife habitat and we view this bill as a means to mitigate these impacts. Review of scientific literature concludes that motorized recreation does have a disproportional impact on wildlife. We want to emphasize that this legislation takes nothing away from responsible off road vehicle user. Legal trails would remain open. Currently, every trail without a sign or map north of Highway 2 is open, meaning that illegally created trails, enclosed trails are open by default, resulting in damage to fragile vegetation, impacts of sensitive wildlife and loss of solitude. With this legislation, potential impacts to wildlife can be mitigated. Working in three states, I've witnessed that marking trails open for motorized recreation has proven successful on national forests. Our northern forests are already fragmented with an incredible patchwork of trails. There are over 100,000 miles of trails and roadways now open to off road vehicles. The map of designated off highway vehicle trails in the arrowhead is included in your packet. Access to designated and posted trails is in place south of Highway 2. And there is no reason why it cannot prove successful on state lands north of Highway 2. This would unify state policy and better protect wildlife and their habitats. Thank you, Mr. Chair. And thank you, Senator McEwen. Thank you. And we have one last testifier from remote Jackie Jo Monahan. Jackie, are you there? If not, I just want to double check those who already sign up, I believe. Mr. Nathan Edith, you spoke already, right? Or you haven't? Okay, why don't you come for forward? Welcome. Thank you, Mr. Chair and Committee members. My name is Nathan Ide. I'm the land Commissioner for Lake county where I've been employed for 20 years. I'm here on behalf of Lake county in opposition to Senate file 1245. I'll make this quick. The primary opposition to the bill relates to prohibiting ATVs except on officially designated routes throughout the county. There are many forest routes that ATVers use on a regular basis. ATV is for riding through the woods, accessing favorite hunting locations, picking balsam boughs for some extra Christmas money, or going to the cabin off the beaten path. These are routes maintained for forest management purposes. Some are wide enough for a pickup and some are just wide enough for an atv. An ATV is often the vehicle of choice as a vehicle would struggle or cause damage to the road. Because we've done a good job creating designated ATV trails, riders have well maintained places to ride. Under this proposal, someone who wants to take a quick ride on their ATV to their favorite fishing hole or berry picking couldn't do that. What has been as what has been an acceptable and responsible practice for decades, unless there was a sign stating ATVs are allowed. So the signs would be a large burden. Significant burden. My staff would have to place and then maintain signs on the routes we deem fit for ATVs, which there are many. This would be a significant financial and time burden. Thanks for your time. Thank you very much. And I believe all the member who had, all the folks that have signed up to be testified that are here have already spoke. I don't want to miss anyone. Thank you very much for banking effort to be here and those online already spoke as well. I see Senator Houschild raising his hand for the longest time and I want to give his moment here and then go Back to Senator McCune, see where you want this bill to go. We are extremely out of time. So Senator hauschild. Thank you, Mr. Chair. I just want to speak on behalf of northeastern Minnesota as the senator from the very region that this bill impacts. This is a common theme for me, everybody wants to regulate northeastern Minnesota. I hear every day from families, small businesses, and communities that rely on our outdoor recreation. And this bill is not a small change. It's a fundamental shift in how access works across the Northland. For decades, our system has reflected our reality. Vast forests, long distances, and a strong culture of responsible use. Unfortunately, this bill flips that on its head. If a trail is not mapped, signed, and designated, it is effectively closed. A small group can petition to decommission a trail. Think about that. Thousands of miles of routes people have used responsibly for years, routes that connect our rural communities and support tourism, could slowly disappear. Not because people are harming the land or the environment, but because the system simply becomes too complicated and too costly to maintain. Let me be abundantly clear. ATV riders in northern Minnesota are not the problem. They are the people who respect the land, build the trails, and care about the outdoors. They're not asking for special treatment. They're just asking for simple common sense. The DNR already has the authority to protect sensitive areas and manage use responsibly, including shutting down trails when necessary. So what problem are we actually solving? What I just see is more bureaucracy without the resources to implement it and shoving those costs onto our local counties. As you just heard from the previous testifier, what I see is a risk to our trail system, to our tourism for our small mom and pop shops and businesses all across the Northland, and a small deterioration of outdoor tourism for everyone who enjoyed the playground and the gem of the state, which is my district in northeastern Minnesota. And what I hear back home is frustration. Frustration that decisions are being made without an understanding of how things work on the ground. We all care about protecting the environment. Of course we do. But protecting the environment and maintaining access go hand in hand. So today, I'm asking the committee to stand with my communities, stand for responsible access, stand for outdoor recreation, and stand for a system that is working really, really well for our region. I strongly oppose this bill, and I hope that we can vote on it, because I think it's clear that this committee opposes this bill. Thank you, Mr. Chair. Sarah McCune.

Bother

Thank you, Mr. Chair. And I would like to thank all of the testifiers who came today and all of the people who have engaged with my office over these past couple of years to continue to try to hone in on what are problems. And contrary to, I think, what we've just heard, I live in northeastern Minnesota, and most of the people who have come to me with requests to do something about this and with this proposal are people who live in northern Minnesota as well. So I want to keep working on this. I agree, Mr. Chair, that what we would like to do is to reach some consensus. We heard from a number of speakers against who said as currently written, they opposed the bill. But I do believe, and I have believed for the past couple of years that we will have some middle ground on some of these key issues. So I'd like to keep working on that. The bill, if it were to advance, would go toward state and local gov. I don't think it's ready to do that. I think that we need to do some more work. So as we do that, Mr. Chair, I would like the bill to be laid over.

Aother

Okay, the bill now is laid over and last part here. We'll adjourn in a few minutes here. But earlier, if I'm not clear about what I was saying is that this is my country and I'm not leaving. I will put protect its environment as my forebear had died in many form in saving American government. So I'm here. I have the right to be here. I'm so welcomed by the Native folks. My 50 year in this country, no one told me to go home. I mean, I hear a lot of things about going home, but I have never heard any member of native community tell me to go home. So I so appreciate that. And this is my home now. I have no people without country. And wherever I am, that's my country. So I will do my best to listen to the ATV of Minnesota of their interests as well as the interests of the environment so we can protect this country together. So with that, meeting is adjourned. Yes. Before we adjourn, Mr. Chair, I know we still have the policy bill and I'm wondering what the plan is. We ran out time, so I get that. But I'm just running in looking forward. Is it. Is the policy bill dead now? It seems to be. Okay. All right, well, if. If there's any chance of even doing a, you know, a meeting tomorrow or whatever, whatever, you're obviously the chair. You can do what you want. But I know there were some amendments to it as well, but. But I get that we're out of time and maybe we can talk about that later. Thank you. And stay strong out there and stay Meetings at Yarn.

Source: Committee on Environment, Climate and Legacy - Mar 26, 2026 · March 26, 2026 · Gavelin.ai