Summary: Minnesota Foraging Act (SF 4737) – 2025-2026 Session
Jurisdiction: Minnesota | Bill Type: Natural resources act | Status: Introduced; referred to Environment, Climate, and Legacy; later reported “To pass as amended and re-refer to State and Local Government” and then Rules and Administration
Authors/Co-sponsors:
- Primary: Sen. Pha
- Co-sponsors: Sen. Hawj, Sen. Kunesh-Podein
Effective date overview: Provisions include a delayed effective date for certain sections (notably for public information and rulemaking), with a five-year moratorium on foraging rulemaking after the act’s effective date, plus several onetime appropriations for study and outreach. Specific timing details vary by section.
Purpose and intent
- To authorize foraging on state lands for noncommercial personal use, establish a framework for rules, information, and study, and align foraging policies with ecological, cultural, and educational objectives.
- Recognizes foraging as a legitimate recreational and cultural activity, while balancing conservation and resource protection.
Key Provisions and Changes
1) Statutory Authority and Rulemaking (Sec. 2)
- Amends Minnesota Statutes (84.027, subd. 13a) to authorize the Department of Natural Resources (DNR) to adopt expedited/permanent rules under section 14.389, including:
- Designating forage plants as prohibited or regulated species.
- Establishing land/water use boundaries and designating zones, permits, registries, etc.
- Making targeted changes under existing authorities (e.g., invasive species controls, land use district adjustments around the Mississippi River Corridor Critical Area).
- Broadly enabling foraging-related rulemaking, with required notice and public hearing provisions for new authorities.
2) Foraging on State Lands (Sec. 3)
- Subd. 1: Definitions
- Clarifies terms: forage plants, foraging, commercial use, noncommercial personal use, prohibited plants, statelands, etc.
- Forage plants include edible terrestrial mushrooms, berries, seeds, nuts, flowers, leaves, roots, fungi.
- Subd. 2: Foraging Authorized
- Noncommercial personal use foraging on state lands is recognized as legitimate recreation and culture, provided forage is used for noncommercial personal use and harvested without damaging natural resources.
- Prohibits harvesting of plants designated as prohibited.
- Subd. 3: Rules
- DNR may adopt rules for:
- Prohibiting certain forage plants to protect resources or health.
- Prohibiting foraging in specific park areas or state-owned lands as needed.
- Requiring permits for certain species with quantifiable harvesting limits when necessary to protect resources (permit applications must be accessible electronically).
- Ensuring alignment with federal funding requirements (Pittman-Robertson and Dingell-Johnson).
- Granting land managers discretion to impose site-specific restrictions to protect resources or address safety/ecological concerns.
- Implementing temporary or emergency measures and harmonizing with the Minnesota Children’s Outdoor Bill of Rights.
- Subdivision 3(b) requires consideration of traditional ecological knowledge, regenerative harvesting, and consultation requirements when adopting rules.
3) Public Information (Sec. 4)
- DNR must maintain a dedicated public information page about:
- Current laws/rules on foraging and the permitted areas and quantities.
- Proposed changes and rulemaking progress.
- Best management practices and opportunities for public input.
- Effective date: July 1, 2028.
4) Moratorium on Foraging Rulemaking (Sec. 4)
- A five-year moratorium on adopting new foraging rules, to allow data collection and evaluation of ecological, cultural, and economic impacts.
- Exceptions allow rules to respond to emergencies, comply with federal requirements, or make administrative/technical improvements.
- Purpose: Establish a defined evaluation period before broad regulatory changes are made.
5) Funding for Rulemaking and Education (Sec. 5–6)
- Sec. 5: One-time, general fund appropriation in FY 2027 to develop foraging rulemaking and permitting processes under 84.0925 (amount unspecified in text, indicated as a placeholder "$.......").
- Sec. 6: One-time, general fund appropriation in FY 2027 to develop foraging best management practices and public education resources, in collaboration with:
- University of Minnesota Extension
- Stakeholders including tribal governments, mycological and herb societies, foraging networks, conservation groups, and master naturalists/gardeners
- Content of best practices and education resources ( Sec. 6(b) ) must cover:
- Cultural considerations, including Tribal sovereignty and treaty rights; sacred plant medicine contexts.
- Honorable harvesting, regenerative methods, and link to traditional ecological knowledge.
- Public land types and applicable rules; safety and gear considerations; plant identification basics.
- Reducing spread of invasive species and alignment with Noxious Weed Law.
6) Foraging Impact Study (Sec. 7)
- Sec. 7 provides a one-time FY 2027 appropriation to study foraging and its impact, available through June 30, 2032.
- By Jan 15, 2032, DNR, in consultation with University of Minnesota Extension and stakeholders, must deliver a report including:
- Type/frequency of foraging activities on state lands by region and species.
- Impact assessment on state resources.
- Evaluation of conservation outcomes, public access, stewardship, and traditional ecological knowledge sharing.
- Recommendations for statutory or policy changes regarding foraging on state lands.
Public engagement and consultation
- Emphasizes tribal sovereignty, traditional ecological knowledge, and stakeholder involvement in rulemaking and education efforts.
- Requires clear, accessible permit processes and online availability.
Effective timeline highlights
- 2028: Section 4 public information page becomes effective.
- Five-year moratorium on new foraging rulemaking begins after effective date of Section 4.
- FY 2027: Onetime appropriations for rulemaking (Sec. 5), best practices/education (Sec. 6).
- FY 2027: Onetime appropriation for study (Sec. 7); study due by 2032 with final reporting by Jan 15, 2032.
Potential impacts
- Legalizes noncommercial, personal foraging on most state lands under a regulated framework.
- Creates a pathway for future permitting systems and site-specific limitations to protect resources.
- Requires substantial public education and engagement, including cultural considerations and safety guidance.
- Establishes data-driven evaluation before broader regulatory changes, potentially shaping long-term access and conservation outcomes.
- Allocates funding for rulemaking, education, and a comprehensive impact study to inform policy decisions.
