Foraging on state land authorized, rulemaking authorized, reports required, and money appropriated.

A bill for an act

relating to natural resources; authorizing foraging on state land; authorizing

rulemaking; requiring reports; appropriating money; amending Minnesota Statutes

2024, section 84.027, subdivision 13a; proposing coding for new law in Minnesota

Statutes, chapter 84.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.
new text begin
SHORT TITLE.
new text end

new text begin

This act may be cited as the "Minnesota Foraging Act."

new text end

Sec. 2.

Minnesota Statutes 2024, section 84.027, subdivision 13a, is amended to read:

Subd. 13a.

Natural resources expedited permanent rules.

(a) In addition to the authority

granted in subdivision 13, the commissioner of natural resources may adopt rules under

section
14.389
that are authorized under:

(1) chapters 97A, 97B, and 97C to describe zone or permit area boundaries, to designate

fish spawning beds or fish preserves, to select hunters or anglers for areas, to provide for

registration of game or fish, to prevent or control wildlife disease, or to correct errors or

omissions in rules that do not have a substantive effect on the intent or application of the

original rule;

(2) section
84D.12
to designate prohibited invasive species, regulated invasive species,

and unregulated nonnative species;
deleted text begin
or
deleted text end

(3) section
116G.15
to change the placement and boundaries of land use districts

established in the Mississippi River Corridor Critical Area
deleted text begin
.
deleted text end
new text begin
; or
new text end

new text begin

(4) section 84.0925 to prohibit foraging plants on state lands, to prohibit foraging on

designated portions of state-owned land, and to set limits on the amount of forage plants

that may be harvested from state lands.

new text end

(b) The commissioner of natural resources may adopt rules under section
14.389
that

are authorized under chapters 97A, 97B, and 97C, for purposes in addition to those listed

in paragraph (a), clause (1), subject to the notice and public hearing provisions of section

14.389, subdivision 5
.

Sec. 3.

new text begin

[84.0925] FORAGING ON STATE LANDS.

new text end

new text begin

Subdivision 1.

new text end

new text begin

Definitions.

new text end

new text begin

(a) The following definitions apply in this section.

new text end

new text begin

(b) "Commercial use" means a use that is not a noncommercial personal use.

new text end

new text begin

(c) "Forage plants" means naturally occurring terrestrial mushrooms, berries, seeds, nuts,

flowers, leaves, roots, and fungi that are edible.

new text end

new text begin

(d) "Foraging" means searching for, harvesting, collecting, or taking forage plants.

new text end

new text begin

(e) "Noncommercial personal use" means foraging as part of a nonbusiness activity,

without profit motive, including foraging for:

new text end

new text begin

(1) personal or household consumption or ceremonial, cultural, or medicinal purposes;

or

new text end

new text begin

(2) gifting or sharing with family, friends, or community members for consumption or

ceremonial, cultural, or medicinal purposes.

new text end

new text begin

(f) "Prohibited plant" means any forage plant:

new text end

new text begin

(1) for which harvesting, collecting, or taking is governed by another section; or

new text end

new text begin

(2) that is designated a prohibited plant by rules adopted under subdivision 3.

new text end

new text begin

(g) "State lands" means any state-owned land or water administered by the commissioner,

except land or water:

new text end

new text begin

(1) that the public does not have lawful access to;

new text end

new text begin

(2) that is part of a scientific and natural area; or

new text end

new text begin

(3) on which the commissioner has prohibited foraging by rules adopted under subdivision

3.

new text end

new text begin

Subd. 2.

new text end

new text begin

Foraging authorized.

new text end

new text begin

Foraging on state lands for noncommercial personal use

is recognized as a legitimate recreational and cultural activity in the state. A person may

forage on state lands if foraged plants will be used for a noncommercial personal use only

and can be harvested, collected, and taken without damaging other natural resources. Nothing

in this section authorizes foraging prohibited plants.

new text end

new text begin

Subd. 3.

new text end

new text begin

Rules.

new text end

new text begin

(a) The commissioner may adopt rules under section 84.027, subdivision

13a:

new text end

new text begin

(1) designating forage plants as prohibited plants when necessary to protect the state's

natural and cultural resources or to prevent harm to human health;

new text end

new text begin

(2) prohibiting foraging in specific areas within state parks where foraging is restricted

or prohibited due to management practices, land restoration activities, plant surveys, or

maintenance needs;

new text end

new text begin

(3) prohibiting foraging on a portion of state-owned land or waters administered by the

commissioner when necessary to protect the state's natural resources;

new text end

new text begin

(4) requiring a permit to harvest species of forage plants and setting quantifiable limits

on the amount of individual forage plant species that may be harvested when the available

evidence demonstrates it necessary to protect the state's natural resources. The commissioner

must ensure that any permitting process under this clause is clear and accessible. The

commissioner must make permit applications available electronically and allow for electronic

payment of applicable fees. The commissioner must not adopt restrictions under this clause

that are broad or preemptive without evidence;

new text end

new text begin

(5) implementing changes that are necessary to ensure continued receipt of federal

funding under the Pittman-Robertson and Dingell-Johnson Acts;

new text end

new text begin

(6) conferring discretionary authority on department land managers to impose

geographically defined and site-specific limitations within individual land units or ecological

subunits when necessary to protect sustainability or culturally sensitive resources or in

response to observed resource damage, public safety concerns, or ecological degradation;

new text end

new text begin

(7) providing for implementation of immediate temporary protective measures, seasonal

restrictions, species protections, or emergency temporary closures; and

new text end

new text begin

(8) implementing policies needed to acknowledge and harmonize foraging rules with

foraging's status as a right that has been included in the Minnesota Children's Cabinet

Children's Outdoor Bill of Rights.

new text end

new text begin

(b) The commissioner must consider traditional ecological knowledge, regenerative

harvesting methods, and honorable harvest practices and must comply with the consultation

requirements of section 10.65 when adopting rules under this subdivision.

new text end

new text begin

Subd. 4.

new text end

new text begin

Public information about foraging.

new text end

new text begin

The commissioner must create and

maintain a separate page on the department's website that provides the public with

information about:

new text end

new text begin

(1) current foraging laws and rules, including a clear explanation of which forage plants

may be taken from which areas of the state and in what quantities;

new text end

new text begin

(2) any modifications to foraging laws and rules proposed by the commissioner, including

information about any rulemaking commenced under subdivision 3;

new text end

new text begin

(3) best management practices for foraging; and

new text end

new text begin

(4) opportunities for the public to have input in regulating foraging.

new text end

new text begin

EFFECTIVE DATE.

new text end

new text begin

This section is effective July 1, 2028.

new text end

Sec. 4.
new text begin
MORATORIUM ON FORAGING RULEMAKING.
new text end

new text begin

The commissioner of natural resources must not adopt rules governing foraging on state

lands, except as otherwise authorized by Minnesota Statutes, section 84.0925, for five years

after the effective date of this section in order to establish a defined evaluation period

allowing for systematic data collection, monitoring, and research regarding the ecological,

cultural, and economic impacts of authorized foraging activities on state lands. During this

time, the commissioner must avoid rulemaking that substantially reduces, narrows, or alters

the scope of foraging access except as necessary to:

new text end

new text begin

(1) respond to an urgency or emergency, including an immediate threat or substantiated

risk to public health or safety or to ecological integrity;

new text end

new text begin

(2) comply with federal law or binding federal funding requirements; or

new text end

new text begin

(3) make administrative or technical improvements.

new text end

Sec. 5.
new text begin
FORAGING RULEMAKING AND PERMITTING.
new text end

new text begin

$....... in fiscal year 2027 is appropriated from the general fund to the commissioner of

natural resources to develop foraging rulemaking and a permitting process under Minnesota

Statutes, section 84.0925. This is a onetime appropriation.

new text end

Sec. 6.
new text begin
FORAGING BEST MANAGEMENT PRACTICES AND PUBLIC

EDUCATION.
new text end

new text begin

(a) $....... in fiscal year 2027 is appropriated from the general fund to the commissioner

of natural resources to develop foraging best management practices and public education

resources. This is a onetime appropriation. The commissioner must develop the best

management practices and public education resources in collaboration with the University

of Minnesota Extension and in consultation with stakeholders, which may include but is

not limited to Minnesota Tribal governments, Minnesota Mycological Society, Minnesota

Herb Society, Minnesota Foraging Alliance, Back Country Hunters and Anglers, Minnesota

Native Plant Society, and Minnesota Master Naturalists and Gardeners.

new text end

new text begin

(b) The best management practices and public education resources must be easily

accessible to the public for minimal or no cost and must include:

new text end

new text begin

(1) cultural and community considerations, including Tribal sovereignty and distinct

treaty rights, including plant species as sacred medicines;

new text end

new text begin

(2) honorable harvest practices and regenerative harvesting methods that align with

traditional ecological knowledge, how foraging affects biodiversity and soil health, and

seasonal considerations;

new text end

new text begin

(3) information on the availability of Minnesota's outdoor recreation system for foraging,

including identification of public land types and what rules apply for foraging on different

public land types;

new text end

new text begin

(4) recommendations for personal and physical safety, including tick exposure, possible

pesticide contamination exposure, gear, safe use of knives and digging tools, first aid, and

emergency protocols;

new text end

new text begin

(5) materials for plant identification basics, including how to positively identify edible

and medicinal plants and fungi; and

new text end

new text begin

(6) recommendations for reducing the spread of invasive species, including compliance

with Minnesota Noxious Weed Law.

new text end

new text begin

(c) By January 15, 2028, the commissioner must submit a report to the chairs and ranking

minority members of the legislative committees and divisions with jurisdiction over

environment and natural resources on the development and implementation of the foraging

best management practices and public education resources described in this section.

new text end

Sec. 7.
new text begin
STUDY OF FORAGING; IMPACT IN MINNESOTA.
new text end

new text begin

$....... in fiscal year 2027 is appropriated from the general fund to the commissioner of

natural resources for a study on foraging and its impact in the state. This is a onetime

appropriation and is available until June 30, 2032. By January 15, 2032, the commissioner

of natural resources, in consultation with the University of Minnesota Extension and

interested stakeholders, must submit a report on the study to the chairs and ranking minority

members of the legislative committees and divisions with jurisdiction over environment

and natural resources. The report must include:

new text end

new text begin

(1) information about the type and frequency of foraging activities during the previous

five years on state lands, as defined in Minnesota Statutes, section 84.0925, subdivision 1,

broken out by region of the state and species foraged;

new text end

new text begin

(2) an assessment of the impact of foraging activities on the state's natural resources;

and

new text end

new text begin

(3) an assessment of the effect that foraging laws have on conservation outcomes, public

access, stewardship practices, community engagement, and the sharing of traditional

ecological knowledge, along with any recommendations for statutory or policy changes

related to foraging on state lands.

new text end