Journal of the House - 46th Day - Tuesday, April 26, 2005 - Top of Page 2827

 

STATE OF MINNESOTA

 

 

EIGHTY-FOURTH SESSION - 2005

 

_____________________

 

FORTY-SIXTH DAY

 

Saint Paul, Minnesota, Tuesday, April 26, 2005

 

 

The House of Representatives convened at 12:00 noon and was called to order by Steve Sviggum, Speaker of the House.

 

Prayer was offered by the Reverend Frank Wilson, St. John the Evangelist Episcopal Church, St. Paul, Minnesota.

 

The members of the House gave the pledge of allegiance to the flag of the United States of America.

 

The roll was called and the following members were present:

 


Abeler

Abrams

Anderson, B.

Anderson, I.

Atkins

Beard

Bernardy

Blaine

Bradley

Brod

Buesgens

Carlson

Charron

Clark

Cornish

Cox

Cybart

Davids

Davnie

Dean

DeLaForest

Demmer

Dempsey

Dill

Dittrich

Dorman

Dorn

Eastlund

Eken

Ellison

Emmer

Entenza

Erhardt

Erickson

Finstad

Fritz

Garofalo

Gazelka

Goodwin

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Heidgerken

Hilstrom

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson, J.

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Lanning

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Magnus

Mahoney

Mariani

Marquart

McNamara

Meslow

Moe

Mullery

Murphy

Nelson, M.

Newman

Nornes

Olson

Opatz

Otremba

Paulsen

Paymar

Pelowski

Penas

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Powell

Rukavina

Ruth

Ruud

Sailer

Samuelson

Scalze

Seifert

Sertich

Severson

Sieben

Simon

Simpson

Slawik

Smith

Soderstrom

Solberg

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Wagenius

Walker

Wardlow

Welti

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

A quorum was present.

 

Nelson, P., and Ozment were excused.

 

Hilty was excused until 12:55 p.m.

 

The Chief Clerk proceeded to read the Journal of the preceding day. Soderstrom moved that further reading of the Journal be suspended and that the Journal be approved as corrected by the Chief Clerk. The motion prevailed.


Journal of the House - 46th Day - Tuesday, April 26, 2005 - Top of Page 2828

REPORTS OF CHIEF CLERK

 

S. F. No. 493 and H. F. No. 399, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Peterson, A., moved that the rules be so far suspended that S. F. No. 493 be substituted for H. F. No. 399 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 1335 and H. F. No. 1460, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Beard moved that the rules be so far suspended that S. F. No. 1335 be substituted for H. F. No. 1460 and that the House File be indefinitely postponed. The motion prevailed.

 

 

REPORTS OF STANDING COMMITTEES

 

 

Ozment from the Committee on Agriculture, Environment and Natural Resources Finance to which was referred:

 

H. F. No. 902, A bill for an act relating to natural resources; modifying limit on gifts to the public; modifying state park permit provisions; providing for disposition of certain fees; appropriating money; amending Minnesota Statutes 2004, sections 84.027, subdivision 12; 85.052, subdivision 4; 85.053, subdivisions 1, 2; 85.055, subdivision 2, by adding a subdivision; repealing Minnesota Statutes 2004, section 85.054, subdivision 1.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

 

ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS

 

OPTION B

 

Section 1. [ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.]

 

The sums shown in the columns marked "APPROPRIATIONS" are appropriated from the general fund, or another named fund, to the agencies and for the purposes specified in this article, to be available for the fiscal years indicated for each purpose. The figures "2006" and "2007," where used in this article, mean that the appropriation or appropriations listed under them are available for the fiscal year ending June 30, 2006, or June 30, 2007, respectively. The term "the first year" means the year ending June 30, 2006, and the term "the second year" means the year ending June 30, 2007.


Journal of the House - 46th Day - Tuesday, April 26, 2005 - Top of Page 2829

SUMMARY BY FUND

 

2006 2007 TOTAL

 

General $110,654,000 $110,655,000 $221,309,000

 

State Government Special Revenue 48,000 48,000 96,000

 

Environmental 56,663,000 56,970,000 113,633,000

 

Natural Resources 66,147,000 66,412,000 132,559,000

 

Game and Fish 84,857,000 86,629,000 171,486,000

 

Remediation 11,503,000 11,503,000 23,006,000

 

Permanent School 350,000 350,000 700,000

 

State Land and Water Conservation Account (LAWCON) 1,600,000 -0- 1,600,000

 

Environment and Natural Resources Trust Fund 18,829,000 18,829,000 37,658,000

 

Great Lakes Protection Account 28,000 -0- 28,000

 

TOTAL $350,679,000 $351,396,000 $702,075,000

 

APPROPRIATIONS

Available for the Year

Ending June 30

2006 2007

 

Sec. 2. DEPARTMENT OF ENVIRONMENTAL PROTECTION

 

Subdivision 1. Total Appropriation $79,278,000 $79,585,000

 

Summary by Fund

 

General 11,164,000 11,164,000

 

State Government Special Revenue 48,000 48,000

 

Environmental 56,663,000 56,970,000

 

Remediation 11,403,000 11,403,000

 

The amounts that may be spent from this appropriation for each program are specified in the following subdivisions.


Journal of the House - 46th Day - Tuesday, April 26, 2005 - Top of Page 2830

APPROPRIATIONS

Available for the Year

Ending June 30

2006 2007

 

Subd. 2. Water

 

25,872,000 25,872,000

 

Summary by Fund

 

General 7,317,000 7,317,000

 

State Government Special Revenue 48,000 48,000

 

Environmental 18,507,000 18,507,000

 

$2,348,000 the first year and $2,348,000 the second year are for the clean water partnership program. Any balance remaining in the first year does not cancel and is available for the second year. This appropriation may be used for grants to local units of government for the purpose of restoring impaired waters listed under section 303(d) of the federal Clean Water Act in accordance with adopted total maximum daily loads (TMDLs), including implementation of approved clean water partnership diagnostic study work plans that will assist in restoration of such impaired waters.

 

$335,000 the first year and $335,000 the second year are for community technical assistance and education, including grants and technical assistance to communities for local and basinwide water quality protection.

 

$405,000 the first year and $405,000 the second year are for individual sewage treatment system (ISTS) administration and grants. Of this amount, $86,000 each year is for assistance to counties through grants for ISTS program administration. Any unexpended balance in the first year does not cancel but is available in the second year.

 

$480,000 the first year and $480,000 the second year are from the environmental fund to address the need for continued increased activity in the areas of new technology review, technical assistance for local governments, and enforcement under Minnesota Statutes, sections 115.55 to 115.58, and to complete the requirements of Laws 2003, chapter 128, article 1, sections 164 and 165. Of this amount, $48,000 each year is for administration of individual septic tank fees, as provided in this article.


Journal of the House - 46th Day - Tuesday, April 26, 2005 - Top of Page 2831

APPROPRIATIONS

Available for the Year

Ending June 30

2006 2007

 

$2,324,000 the first year and $2,324,000 the second year must be distributed as grants to delegated counties to administer the county feedlot program. Distribution of the funds must be conducted according to the following three-part formula:

 

(1) Number of feedlots in the county: 60 percent of the total appropriation must be distributed according to the number of feedlots that are required to be registered in the county. Grants awarded under this clause must be matched with a combination of local cash and in-kind contributions.

 

(2) Minimum program requirements: 25 percent of the total appropriation must be distributed based on the county (i) conducting an annual number of inspections at feedlots that is equal to or greater than seven percent of the total number of registered feedlots that are required to be registered in the county; and (ii) meeting noninspection minimum program requirements as identified in the county feedlot workplan form. Counties that do not meet the inspection requirement must not receive 50 percent of the eligible funding under this clause. Counties must receive funding for noninspection requirements under this clause according to a scoring system checklist administered by the department. The commissioner, in consultation with the Minnesota Association of County Feedlot Officers executive team, shall make a final decision regarding any appeal by a county regarding the terms and conditions of this clause.

 

(3) Performance credits: 15 percent of the total appropriation must be distributed according to work that has been done by the counties during the fiscal year. The amount must be determined by the number of performance credits a county accumulates during the year based on a performance credit matrix jointly agreed upon by the commissioner in consultation with the Minnesota Association of County Feedlot Officers executive team. To receive an award under this clause the county must meet the requirements of clause (2)(i) and achieve 90 percent of the requirements according to clause (2)(ii) of the formula. The rate of reimbursement per performance credit item must not exceed $200.

 

Delegated counties are eligible for a minimum grant of $7,500. To receive the full $7,500 amount a county must meet the requirements under clause (2) of the formula. Nondelegated counties that apply for delegation shall receive a grant prorated according to the number of full quarters remaining in the program year from the date of commissioner approval of the delegation. Funds for awards to any newly delegated counties must be made


Journal of the House - 46th Day - Tuesday, April 26, 2005 - Top of Page 2832

APPROPRIATIONS

Available for the Year

Ending June 30

2006 2007

 

out of the appropriation reserved for clause (3) of the formula. The commissioner, in consultation with the Minnesota Association of County Feedlot Officers executive team, may decide to use funds reserved for clause (3) of the formula in an amount not to exceed five percent of the total annual appropriation for initiatives to enhance existing delegated county feedlot programs, information and education, or technical assistance efforts to reduce feedlot-related pollution hazards. Any funds remaining after distribution under clauses (1) and (2) of the formula must be transferred to clause (3) of the formula. Any money remaining after the first year is available for the second year.

 

Notwithstanding Minnesota Statutes, section 16A.28, the appropriations encumbered under contract on or before June 30, 2007, for clean water partnership, individual sewage treatment systems (ISTS), Minnesota River, total maximum daily loads (TMDLs), and local and basinwide water quality protection grants in this subdivision are available until June 30, 2009.

 

Subd. 3. Air

 

9,297,000 9,604,000

 

Summary by Fund

 

Environmental 9,297,000 9,604,000

 

Up to $150,000 the first year and $150,000 the second year may be transferred to the environmental fund for the small business environmental improvement loan program established in Minnesota Statutes, section 116.993.

 

$200,000 the first year and $200,000 the second year are from the environmental fund for a monitoring program under Minnesota Statutes, section 116.454.

 

Subd. 4. Land

 

18,467,000 18,467,000

 

Summary by Fund

 

Environmental 7,064,000 7,064,000

 

Remediation 11,403,000 11,403,000


Journal of the House - 46th Day - Tuesday, April 26, 2005 - Top of Page 2833

APPROPRIATIONS

Available for the Year

Ending June 30

2006 2007

 

All money for environmental response, compensation, and compliance in the remediation fund not otherwise appropriated is appropriated to the commissioners of the Departments of Environmental Protection and Agriculture for purposes of Minnesota Statutes, section 115B.20, subdivision 2, clauses (1), (2), (3), (6), and (7). At the beginning of each fiscal year, the two commissioners shall jointly submit an annual spending plan to the commissioner of finance that maximizes the utilization of resources and appropriately allocates the money between the two departments. This appropriation is available until June 30, 2007.

 

$3,616,000 the first year and $3,616,000 the second year are from the petroleum tank fund to be transferred to the remediation fund for purposes of the leaking underground storage tank program to protect the land.

 

$200,000 the first year and $200,000 the second year are from the remediation fund to be transferred to the Department of Health for private water supply monitoring and health assessment costs in areas contaminated by unpermitted mixed municipal solid waste disposal facilities.

 

Subd. 5. Multimedia

 

24,059,000 24,059,000

 

Summary by Fund

 

General 2,264,000 2,264,000

 

Environmental 21,795,000 21,795,000

 

$12,500,000 each year is from the environmental fund for SCORE block grants to counties.

 

Any unencumbered grant and loan balances in the first year do not cancel but are available for grants and loans in the second year.

 

All money deposited in the environmental fund for the metropolitan solid waste landfill fee in accordance with Minnesota Statutes, section 473.843, and not otherwise appropriated, is appropriated to the department for the purposes of Minnesota Statutes, section 473.844.


Journal of the House - 46th Day - Tuesday, April 26, 2005 - Top of Page 2834

APPROPRIATIONS

Available for the Year

Ending June 30

2006 2007

 

$119,000 the first year and $119,000 the second year are for environmental assistance grants or loans under Minnesota Statutes, section 115A.0716.

 

Notwithstanding Minnesota Statutes, section 16A.28, the appropriations encumbered under contract on or before June 30, 2007, for environmental assistance grants awarded under Minnesota Statutes, section 115A.0716, and for technical and research assistance under Minnesota Statutes, section 115A.152, technical assistance under Minnesota Statutes, section 115A.52, and pollution prevention assistance under Minnesota Statutes, section 115D.04, are available until June 30, 2009.

 

Subd. 6. Administrative Support

 

1,583,000 1,583,000

 

Summary by Fund

 

General 1,583,000 1,583,000

 

Sec. 3. NATURAL RESOURCES

 

Subdivision 1. Total Appropriation 220,582,000 222,618,000

 

Summary by Fund

 

General 73,902,000 73,903,000

 

Natural Resources 61,373,000 61,636,000

 

Game and Fish 84,857,000 86,629,000

 

Remediation 100,000 100,000

 

Permanent School 350,000 350,000

 

The amounts that may be spent from this appropriation for each program are specified in the following subdivisions.

 

Subd. 2. Land and Mineral Resources Management

 

8,716,000 8,752,000


Journal of the House - 46th Day - Tuesday, April 26, 2005 - Top of Page 2835

APPROPRIATIONS

Available for the Year

Ending June 30

2006 2007

 

Summary by Fund

 

General 5,248,000 5,248,000

 

Natural Resources 2,122,000 2,122,000

 

Game and Fish 996,000 1,032,000

 

Permanent School 350,000 350,000

 

$275,000 the first year and $275,000 the second year are for iron ore cooperative research, of which $137,500 the first year and $137,500 the second year are available only as matched by $1 of nonstate money for each $1 of state money. The match may be cash or in-kind.

 

$86,000 the first year and $86,000 the second year are for minerals cooperative environmental research, of which $43,000 the first year and $43,000 the second year are available only as matched by $1 of nonstate money for each $1 of state money. The match may be cash or in-kind.

 

$1,946,000 the first year and $1,946,000 the second year are from the minerals management account in the natural resources fund for only the purposes specified in Minnesota Statutes, section 93.2236, paragraph (c). Of this amount, $1,526,000 the first year and $1,526,000 the second year are for mineral resource management, $420,000 the first year and $420,000 the second year are for projects to enhance future income and promote new opportunities, including value-added iron products, geological mapping, and mercury research. The appropriation is from the revenue deposited in the minerals management account under Minnesota Statutes, section 93.22, subdivision 1, paragraph (b).

 

$300,000 the first year and $300,000 the second year are from the state forest suspense account in the permanent school fund to accelerate land exchanges, land sales, and commercial leasing of school trust lands. This appropriation is to be used toward meeting the provisions of Minnesota Statutes, section 92.121, to exchange school trust lands or put alternatives in effect when management practices have diminished or prohibited revenue generation, and the direction of Minnesota Statutes, section 127A.31, to secure maximum long-term economic return from the school trust lands consistent with fiduciary responsibilities and sound natural resources conservation and management principles.


Journal of the House - 46th Day - Tuesday, April 26, 2005 - Top of Page 2836

APPROPRIATIONS

Available for the Year

Ending June 30

2006 2007

 

$50,000 the first year and $50,000 the second year are from the state forest suspense account in the permanent school fund to identify, evaluate, and lease construction aggregate located on school trust lands.

 

Subd. 3. Water Resources Management

 

11,122,000 11,122,000

 

Summary by Fund

 

General 10,842,000 10,842,000

 

Natural Resources 280,000 280,000

 

Upon completion of the five-county North Central Lakes Project and when funding becomes available, the commissioner shall begin to update Minnesota Rules, chapter 6120, Shoreland Rules, using the rulemaking process under Minnesota Statutes, section 14.389. Rules shall be updated to provide local units of government and citizens adequate tools, direction, and oversight to address current and future lake and river shoreland development issues including, but not limited to: review and update of shoreland zone; review and update of lake classification system; individual classification and suitability of sensitive shoreland areas for development and access; planned unit developments (PUDs); use of common access lots by nonriparian and PUD owners; recreational use capacity of lakes; review and update of shoreland management zones and corresponding lot dimensions; use of technical evaluation panels to evaluate shoreland development; and comprehensive lake management planning.

 

$210,000 the first year and $210,000 the second year are for grants associated with the implementation of the Red River mediation agreement.

 

$125,000 the first year and $125,000 the second year are for the construction of ring dikes under Minnesota Statutes, section 103F.161. The ring dikes may be publicly or privately owned. Any unencumbered balance does not cancel at the end of the first year and is available for the second year.

 

Subd. 4. Forest Management

 

34,063,000 34,063,000


Journal of the House - 46th Day - Tuesday, April 26, 2005 - Top of Page 2837

APPROPRIATIONS

Available for the Year

Ending June 30

2006 2007

 

Summary by Fund

 

General 24,098,000 24,098,000

 

Natural Resources 9,715,000 9,715,000

 

Game and Fish 250,000 250,000

 

$7,217,000 the first year and $7,217,000 the second year are for prevention, presuppression, and suppression costs of emergency firefighting and other costs incurred under Minnesota Statutes, section 88.12. If the appropriation for either year is insufficient to cover all costs of presuppression and suppression, the amount necessary to pay for these costs during the biennium is appropriated from the general fund. By November 15 of each year, the commissioner of natural resources shall submit a report to the chairs of the house of representatives Ways and Means Committee, the senate Finance Committee, the Environment and Agriculture Budget Division of the senate Finance Committee, and the house of representatives Agriculture, Environment and Natural Resources Finance Committee, identifying all firefighting costs incurred and reimbursements received in the prior fiscal year. These appropriations may not be transferred. Any reimbursement of firefighting expenditures made to the commissioner from any source other than federal mobilizations shall be deposited into the general fund.

 

$9,715,000 the first year and $9,715,000 the second year are from the forest management investment account in the natural resources fund for only the purposes specified in Minnesota Statutes, section 89.039, subdivision 2.

 

$517,000 the first year and $517,000 the second year are for the Forest Resources Council for implementation of the Sustainable Forest Resources Act.

 

$350,000 the first year and $350,000 the second year are for the FORIST Timber Management Information System and for increased forestry management. The amount in the second year is also available in the first year.

 

$250,000 the first year and $250,000 the second year are from the game and fish fund to implement Ecological Classification Systems (ECS) standards on forested landscapes. This appropriation is from revenue deposited in the game and fish fund under Minnesota Statutes, section 297A.94, paragraph (e), clause (1).


Journal of the House - 46th Day - Tuesday, April 26, 2005 - Top of Page 2838

APPROPRIATIONS

Available for the Year

Ending June 30

2006 2007

 

Subd. 5. Parks and Recreation Management

 

32,615,000 32,703,000

 

Summary by Fund

 

General 19,279,000 19,279,000

 

Natural Resources 13,336,000 13,424,000

 

$640,000 the first year and $640,000 the second year are from the water recreation account in the natural resources fund for state park water access projects.

 

$3,725,000 the first year and $3,813,000 the second year are from the natural resources fund for state park and recreation area operations. This appropriation is from the revenue deposited in the natural resources fund under Minnesota Statutes, section 297A.94, paragraph (e), clause (2).

 

Subd. 6. Trails and Waterways Management

 

25,598,000 25,750,000

 

Summary by Fund

 

General 1,284,000 1,284,000

 

Natural Resources 22,223,000 22,379,000

 

Game and Fish 2,091,000 2,087,000

 

$5,724,000 the first year and $5,724,000 the second year are from the snowmobile trails and enforcement account in the natural resources fund for snowmobile grants-in-aid. Any unencumbered balance does not cancel at the end of the first year and is available for the second year.

 

$925,000 the first year and $825,000 the second year are from the natural resources fund for off-highway vehicle grants-in-aid. Of this amount, $575,000 each year is from the all-terrain vehicle account; $150,000 each year is from the off-highway motorcycle account; and $200,000 the first year and $100,000 the second year are from the off-road vehicle account. Any unencumbered balance does not cancel at the end of the first year and is available for the second year.


Journal of the House - 46th Day - Tuesday, April 26, 2005 - Top of Page 2839

APPROPRIATIONS

Available for the Year

Ending June 30

2006 2007

 

$261,000 the first year and $261,000 the second year are from the water recreation account in the natural resources fund for a safe harbor program on Lake Superior.

 

$742,000 the first year and $760,000 the second year are from the natural resources fund for state trail operations. This appropriation is from the revenue deposited in the natural resources fund under Minnesota Statutes, section 297A.94, paragraph (e), clause (2).

 

$632,000 the first year and $645,000 the second year are from the natural resources fund for trail grants to local units of government on land to be maintained for at least 20 years for the purposes of the grant. This appropriation is from the revenue deposited in the natural resources fund under Minnesota Statutes, section 297A.94, paragraph (e), clause (4).

 

$75,000 the first year is from the all-terrain vehicle account in the natural resources fund for a study to determine the amount of gasoline used each year by all-terrain vehicle riders in the state. The commissioners of natural resources, revenue, and transportation shall jointly determine the amount of unrefunded gasoline tax attributable to all-terrain vehicle use in the state and shall report to the legislature by March 1, 2006, with an appropriate proposed revision to Minnesota Statutes, section 296A.18.

 

$50,000 is appropriated from the all-terrain vehicle account in the natural resources fund to the commissioner of natural resources for fiscal year 2006 to revise the Northshore Trail master plan for use by all-terrain vehicles.

 

$2,250,000 the first year and $2,600,000 the second year are from the public access account in the natural resources fund for the acquisition, development, maintenance, and rehabilitation of sites for public access and boating facilities on public waters.

 

Ninety percent of the money received for watercraft licenses as a result of the fee increases contained in this act shall be credited to a public access subaccount within the water recreation account. Ten percent is for enforcement purposes.

 

Subd. 7. Fish and Wildlife Management

 

59,670,000 60,679,000


Journal of the House - 46th Day - Tuesday, April 26, 2005 - Top of Page 2840

APPROPRIATIONS

Available for the Year

Ending June 30

2006 2007

 

Summary by Fund

 

General 1,755,000 1,755,000

 

Natural Resources 1,542,000 1,542,000

 

Game and Fish 56,373,000 57,382,000

 

$407,000 the first year and $412,000 the second year are for resource population surveys in the 1837 treaty area. Of this amount, $265,000 the first year and $270,000 the second year are from the game and fish fund.

 

$7,233,000 the first year and $7,233,000 the second year are from the heritage enhancement account in the game and fish fund for only the purposes specified in Minnesota Statutes, section 297A.94, paragraph (e), clause (1).

 

Notwithstanding Minnesota Statutes, section 297A.94, this appropriation may be used for hunter recruitment and retention and public land user facilities.

 

$1,030,000 the first year and $880,000 the second year are from the trout and salmon management account for only the purposes specified in Minnesota Statutes, section 97A.075, subdivision 3.

 

$1,411,000 the first year and $1,411,000 the second year are from the deer habitat improvement account for only the purposes specified in Minnesota Statutes, section 97A.075, subdivision 1, paragraph (b).

 

$397,000 the first year and $397,000 the second year are from the deer and bear management account for only the purposes specified in Minnesota Statutes, section 97A.075, subdivision 1, paragraph (c).

 

$851,000 the first year and $851,000 the second year are from the waterfowl habitat improvement account for only the purposes specified in Minnesota Statutes, section 97A.075, subdivision 2.

 

$890,000 the first year and $890,000 the second year are from the pheasant habitat improvement account for only the purposes specified in Minnesota Statutes, section 97A.075, subdivision 4.


Journal of the House - 46th Day - Tuesday, April 26, 2005 - Top of Page 2841

APPROPRIATIONS

Available for the Year

Ending June 30

2006 2007

 

$142,000 the first year and $142,000 the second year are from the wild turkey management account for only the purposes specified in Minnesota Statutes, section 97A.075, subdivision 5. Of this amount, $8,000 the first year and $8,000 the second year are appropriated from the game and fish fund for transfer to the wild turkey management account for purposes specified in Minnesota Statutes, section 97A.075, subdivision 5.

 

$225,000 is from the revenue deposited to the game and fish fund under Minnesota Statutes, section 297A.94, paragraph (e), clause (1), for a grant to "Let's Go Fishing" of Minnesota to promote opportunities for fishing. The grant recipient must report back to the commissioner by February 1, 2006, on the use and results of the appropriation. This is a onetime appropriation.

 

Subd. 8. Ecological Services

 

10,084,000 10,149,000

 

Summary by Fund

 

General 3,140,000 3,141,000

 

Natural Resources 3,153,000 3,153,000

 

Game and Fish 3,791,000 3,855,000

 

$1,128,000 the first year and $1,128,000 the second year are from the nongame wildlife management account in the natural resources fund for the purpose of nongame wildlife management.

 

Notwithstanding Minnesota Statutes, section 290.431, $100,000 the first year and $100,000 the second year may be used for nongame information, education, and promotion.

 

$1,588,000 the first year and $1,588,000 the second year are from the heritage enhancement account in the game and fish fund for only the purposes specified in Minnesota Statutes, section 297A.94, paragraph (e), clause (1). This appropriation is from the revenue deposited in the game and fish fund under Minnesota Statutes, section 297A.94, paragraph (e), clause (1).

 

Subd. 9. Enforcement

 

29,397,000 29,982,000


Journal of the House - 46th Day - Tuesday, April 26, 2005 - Top of Page 2842

APPROPRIATIONS

Available for the Year

Ending June 30

2006 2007

 

Summary by Fund

 

General 3,356,000 3,356,000

 

Natural Resources 7,413,000 7,428,000

 

Game and Fish 18,528,000 19,098,000

 

Remediation 100,000 100,000

 

$1,082,000 the first year and $1,082,000 the second year are from the water recreation account in the natural resources fund for grants to counties for boat and water safety.

 

$100,000 the first year and $100,000 the second year are from the remediation fund for solid waste enforcement activities under Minnesota Statutes, section 116.073.

 

$315,000 the first year and $315,000 the second year are from the snowmobile trails and enforcement account in the natural resources fund for grants to local law enforcement agencies for snowmobile enforcement activities.

 

The unexpended balance of money from Laws 1999, chapter 231, section 5, subdivision 6, must be credited to the snowmobile trails and enforcement account and the appropriation for the repair of public trails damaged by snowmobiles shall be canceled.

 

$1,164,000 the first year and $1,164,000 the second year are from the heritage enhancement account in the game and fish fund for only the purposes specified in Minnesota Statutes, section 297A.94, paragraph (e), clause (1). This appropriation is from the revenue deposited in the game and fish fund under Minnesota Statutes, section 297A.94, paragraph (e), clause (1).

 

Overtime must be distributed to conservation officers at historical levels; however, a reasonable reduction or addition may be made to the officer's allocation, if justified, based on an individual officer's workload. If funding for enforcement is reduced because of an unallotment, the overtime bank may be reduced in proportion to reductions made in other areas of the budget.


Journal of the House - 46th Day - Tuesday, April 26, 2005 - Top of Page 2843

APPROPRIATIONS

Available for the Year

Ending June 30

2006 2007

 

$225,000 the first year and $225,000 the second year are from the natural resources fund for grants to county law enforcement agencies for off-highway vehicle enforcement and public education activities based on off-highway vehicle use in the county. Of this amount, $213,000 each year is from the all-terrain vehicle account; $11,000 each year is from the off-highway motorcycle account; and $1,000 each year is from the off-road vehicle account. The county enforcement agencies may use money received under this appropriation to make grants to other local enforcement agencies within the county that have a high concentration of off-highway vehicle use. Of this appropriation, $25,000 each year is for administration of these grants.

 

$200,000 the first year and $200,000 the second year are from the natural resources fund for an off-highway vehicle safety and conservation grant program. Of this amount, $170,000 each year is from the all-terrain vehicle account; $10,000 each year is from the off-highway motorcycle account; and $20,000 each year is from the off-road vehicle account. Any unencumbered balance does not cancel at the end of the first year and is available for the second year.

 

$15,000 the first year is from the off-highway motorcycle account in the natural resources fund to produce an interactive CD-ROM training tool for the off-highway motorcycle education and training program under Minnesota Statutes, section 84.791.

 

$15,000 the first year and $5,000 the second year are from the off-road vehicle account in the natural resources fund to establish the off-road vehicle environment and safety education and training program under Minnesota Statutes, section 84.8015.

 

Subd. 10. Operations Support

 

9,317,000 9,418,000

 

Summary by Fund

 

General 4,900,000 4,900,000

 

Natural Resources 1,589,000 1,593,000

 

Game and Fish 2,828,000 2,925,000


Journal of the House - 46th Day - Tuesday, April 26, 2005 - Top of Page 2844

APPROPRIATIONS

Available for the Year

Ending June 30

2006 2007

 

$264,000 the first year and $268,000 the second year are from the natural resources fund for grants to be divided equally between the city of St. Paul for the Como Zoo and Conservatory and the city of Duluth Zoo. This appropriation is from the revenue deposited to the fund under Minnesota Statutes, section 297A.94, paragraph (e), clause (5).

 

Sec. 4. MINNESOTA CONSERVATION CORPS 840,000 840,000

 

Summary by Fund

 

General 350,000 350,000

 

Natural Resources 490,000 490,000

 

The Minnesota Conservation Corps may receive money appropriated under this section only as provided in an agreement with the commissioner of natural resources.

 

Sec. 5. BOARD OF WATER AND SOIL RESOURCES 15,131,000 15,131,000

 

$4,102,000 the first year and $4,102,000 the second year are for natural resources block grants to local governments.

 

The board may reduce the amount of the natural resources block grant to a county by an amount equal to any reduction in the county's general services allocation to a soil and water conservation district from the county's previous year allocation when the board determines that the reduction was disproportionate.

 

Grants must be matched with a combination of local cash or in-kind contributions. The base grant portion related to water planning must be matched by an amount that would be raised by a levy under Minnesota Statutes, section 103B.3369.

 

$3,566,000 the first year and $3,566,000 the second year are for grants to soil and water conservation districts for general purposes, nonpoint engineering, and implementation of the reinvest in Minnesota conservation reserve program. Upon approval of the board, expenditures may be made from these appropriations for supplies and services benefiting soil and water conservation districts.


Journal of the House - 46th Day - Tuesday, April 26, 2005 - Top of Page 2845

APPROPRIATIONS

Available for the Year

Ending June 30

2006 2007

 

$3,285,000 the first year and $3,285,000 the second year are for grants to soil and water conservation districts for cost-sharing contracts for erosion control and water quality management. For base grant allocations made prior to January 1, 2007, up to 100 percent of this appropriation may be used for technical assistance. Of this amount, at least $1,500,000 the first year and $1,500,000 the second year are for grants for cost-sharing contracts for water quality management on feedlots.

 

Any unencumbered balance in the board's program of grants does not cancel at the end of the first year and is available for the second year for the same grant program. This appropriation is available until expended. If the appropriation in either year is insufficient, the appropriation in the other year is available for it.

 

Any balance in the board's cost share program that remains from the fiscal year 2005 appropriation is available in an amount of up to $15,000 for a grant to the Mower County Soil and Water Conservation District to create a small pond demonstration project in the Cedar River Watershed for purposes of water retention and flood control. The Mower County Soil and Water Conservation District must seek other sources of funding, including federal and private sources, to ensure that the demonstration project is educational and complete.

 

$100,000 the first year and $100,000 the second year are for a grant to the Red River Basin Commission to develop a Red River basin plan and to coordinate water management activities in the states and provinces bordering the Red River. The unencumbered balance in the first year does not cancel but is available for the second year.

 

$105,000 the first year and $105,000 the second year are for a grant to Area II, Minnesota River Basin Projects, Inc., for floodplain management, including administration of programs. If the appropriation in either year is insufficient, the appropriation in the other year is available for it.

 

The board has authority to receive and expend money to acquire conservation easements, as defined in Minnesota Statutes, chapter 84C, on behalf of the state and federal government, consistent with the Camp Ripley's Army Compatible Use Buffer Project.


Journal of the House - 46th Day - Tuesday, April 26, 2005 - Top of Page 2846

APPROPRIATIONS

Available for the Year

Ending June 30

2006 2007

 

The board shall conduct an implementation assessment of public drainage system buffers and their use, maintenance, and benefits. The assessment must be done in consultation with farm groups, watershed districts, soil and water conservation districts, counties, and conservation organizations, as well as federal agencies implementing voluntary buffer programs. The board shall report the results to the senate and house of representatives committees with jurisdiction over drainage systems by January 15, 2006.

 

Sec. 6. ZOOLOGICAL BOARD 6,189,000 6,191,000

 

Summary by Fund

 

General 6,057,000 6,057,000

 

Natural Resources 132,000 134,000

 

$132,000 the first year and $134,000 the second year are from the natural resources fund from the revenue deposited under Minnesota Statutes, section 297A.94, paragraph (e), clause (5). This is a onetime appropriation.

 

Sec. 7. SCIENCE MUSEUM OF MINNESOTA 750,000 750,000

 

Sec. 8. METROPOLITAN COUNCIL 7,152,000 7,152,000

 

Summary by Fund

 

General 3,300,000 3,300,000

 

Natural Resources 4,152,000 4,152,000

 

$3,300,000 the first year and $3,300,000 the second year are for metropolitan area regional parks maintenance and operations.

 

$4,152,000 the first year and $4,152,000 the second year are from the natural resources fund for metropolitan area regional parks and trails maintenance and operations. This appropriation is from the revenue deposited in the natural resources fund under Minnesota Statutes, section 297A.94, paragraph (e), clause (3).

 

Sec. 9. MINNESOTA FUTURE RESOURCES FUND

 

By June 30, 2006, and by June 30, 2007, the commissioner of finance shall transfer any remaining unappropriated balance from the Minnesota future resources fund to the general fund.


Journal of the House - 46th Day - Tuesday, April 26, 2005 - Top of Page 2847

APPROPRIATIONS

Available for the Year

Ending June 30

2006 2007

 

Sec. 10. MINNESOTA RESOURCES

 

Subdivision 1. Total Appropriation $20,457,000 $18,829,000

 

Summary by Fund

 

State Land and Water Conservation Account (LAWCON)

 

1,600,000 -0-

 

Environment and Natural Resources Trust Fund

 

18,829,000 18,829,000

 

Great Lakes Protection Account

 

28,000 -0-

 

Appropriations from the LAWCON account and Great Lakes protection account are available for either year of the biennium.

 

For appropriations from the environment and natural resources trust fund, any unencumbered balance remaining in the first year does not cancel and is available for the second year of the biennium. Unless otherwise provided, the amounts in this section are available until June 30, 2007, when projects must be completed and final products delivered.

 

Subd. 2. Definitions

 

(a) "State Land and Water Conservation Account (LAWCON)" means the state land and water conservation account in the natural resources fund referred to in Minnesota Statutes, section 116P.14.

 

(b) "Great Lakes Protection Account" means the Great Lakes protection account referred to in Minnesota Statutes, section 116Q.02, subdivision 1.

 

(c) "Trust fund" means the Minnesota environment and natural resources trust fund referred to in Minnesota Statutes, section 116P.02, subdivision 6.

 

Subd. 3. Administration 524,000 525,000


Journal of the House - 46th Day - Tuesday, April 26, 2005 - Top of Page 2848

APPROPRIATIONS

Available for the Year

Ending June 30

2006 2007

 

Summary by Fund

 

Trust Fund 524,000 525,000

 

(a) Legislative Commission on Minnesota Resources 899,000

 

$449,000 the first year and $450,000 the second year are from the trust fund for administration as provided in Minnesota Statutes, section 116P.09, subdivision 5.

 

(b) Contract Administration 150,000

 

$75,000 the first year and $75,000 the second year are from the trust fund to the commissioner of natural resources for contract administration activities assigned to the commissioner in this section. This appropriation is available until June 30, 2008.

 

Subd. 4. Citizen Advisory Committee 10,000 10,000

 

Summary by Fund

 

Trust Fund 10,000 10,000

 

$10,000 the first year and $10,000 the second year are from the trust fund to the Legislative Commission on Minnesota Resources for expenses of the citizen advisory committee as provided in Minnesota Statutes, section 116P.06. Notwithstanding Minnesota Statutes, section 16A.281, the availability of $15,000 of the appropriation from Laws 2003, chapter 128, article 1, section 9, subdivision 4, advisory committee, is extended to June 30, 2007.

 

Subd. 5. Fish and Wildlife Habitat 5,038,000 5,038,000

 

Summary by Fund

 

Trust Fund 5,038,000 5,038,000

 

(a) Restoring Minnesota's Fish and Wildlife Habitat Corridors-Phase III 4,062,000

 

$2,031,000 the first year and $2,031,000 the second year are from the trust fund to the commissioner of natural resources for the third biennium for acceleration of agency programs and cooperative agreements with Pheasants Forever, Minnesota Deer Hunters Association, Ducks Unlimited, Inc., National Wild Turkey Federation, the Nature Conservancy, Minnesota Land Trust, the


Journal of the House - 46th Day - Tuesday, April 26, 2005 - Top of Page 2849

APPROPRIATIONS

Available for the Year

Ending June 30

2006 2007

 

Trust for Public Land, Minnesota Valley National Wildlife Refuge Trust, Inc., U.S. Fish and Wildlife Service, Red Lake Band of Chippewa, Leech Lake Band of Chippewa, Fond du Lac Band of Chippewa, USDA-Natural Resources Conservation Service, and the Board of Water and Soil Resources to plan, restore, and acquire fragmented landscape corridors that connect areas of quality habitat to sustain fish, wildlife, and plants. Expenditures are limited to the 11 project areas as defined in the work program. Land acquired with this appropriation must be sufficiently improved to meet at least minimum habitat and facility management standards as determined by the commissioner of natural resources. This appropriation may not be used for the purchase of residential structures, unless expressly approved in the work program. Any land acquired in fee title by the commissioner of natural resources with money from this appropriation must be designated: (1) as an outdoor recreation unit under Minnesota Statutes, section 86A.07; or (2) as provided in Minnesota Statutes, sections 89.018, subdivision 2, paragraph (a); 97A.101; 97A.125; 97C.001; and 97C.011. The commissioner may similarly designate any lands acquired in less than fee title. This appropriation is available until June 30, 2008, at which time the project must be completed and final products delivered, unless an earlier date is specified in the work program.

 

(b) Metropolitan Area Wildlife Corridors-Phase II 3,530,000

 

$1,765,000 the first year and $1,765,000 the second year are from the trust fund to the commissioner of natural resources for the second biennium for acceleration of agency programs and cooperative agreements with the Trust for Public Land, Ducks Unlimited, Inc., Friends of the Mississippi River, Great River Greening, Minnesota Land Trust, Minnesota Valley National Wildlife Refuge Trust, Inc., Pheasants Forever, Inc., and Friends of the Minnesota Valley for the purposes of planning, improving, and protecting important natural areas in the metropolitan region, as defined by Minnesota Statutes, section 473.121, subdivision 2, and portions of the surrounding counties, through grants, contracted services, conservation easements, and fee acquisition. Land acquired with this appropriation must be sufficiently improved to meet at least minimum management standards as determined by the commissioner of natural resources. Expenditures are limited to the identified project areas as defined in the work program. This appropriation may not be used for the purchase of residential structures, unless expressly approved in the work program. Any land acquired in fee title by the commissioner of natural resources with money from this appropriation must be designated: (1) as an


Journal of the House - 46th Day - Tuesday, April 26, 2005 - Top of Page 2850

APPROPRIATIONS

Available for the Year

Ending June 30

2006 2007

 

outdoor recreation unit under Minnesota Statutes, section 86A.07; or (2) as provided in Minnesota Statutes, sections 89.018, subdivision 2, paragraph (a); 97A.101; 97A.125; 97C.001; and 97C.011. The commissioner may similarly designate any lands acquired in less than fee title. This appropriation is available until June 30, 2008, at which time the project must be completed and final products delivered, unless an earlier date is specified in the work program.

 

(c) Development of Scientific and Natural Areas 134,000

 

$67,000 the first year and $67,000 the second year are from the trust fund to the commissioner of natural resources to develop and enhance lands designated as scientific and natural areas. This appropriation is available until June 30, 2008, at which time the project must be completed and final products delivered, unless an earlier date is specified in the work program.

 

(d) Prairie Stewardship of Private Lands 100,000

 

$50,000 the first year and $50,000 the second year are from the trust fund to the commissioner of natural resources to develop stewardship plans and implement prairie management on private prairie lands on a cost-share basis with private or federal funds. This appropriation is available until June 30, 2008, at which time the project must be completed and final products delivered, unless an earlier date is specified in the work program.

 

(e) Local Initiative Grants-Conservation Partners and Environmental Partnerships 500,000

 

$250,000 the first year and $250,000 the second year are from the trust fund to the commissioner of natural resources to provide matching grants of up to $20,000 to local government and private organizations for enhancement, restoration, research, and education associated with natural habitat and environmental service projects. Subdivision 16 applies to grants awarded in the approved work program. This appropriation is available until June 30, 2008, at which time the project must be completed and final products delivered, unless an earlier date is specified in the work program.

 

(f) Minnesota ReLeaf Community Forest Development and Protection 500,000


Journal of the House - 46th Day - Tuesday, April 26, 2005 - Top of Page 2851

APPROPRIATIONS

Available for the Year

Ending June 30

2006 2007

 

$250,000 the first year and $250,000 the second year are from the trust fund to the commissioner of natural resources for acceleration of the agency program and a cooperative agreement with Tree Trust to protect forest resources, develop inventory-based management plans, and provide matching grants to communities to plant native trees. At least $390,000 of this appropriation must be used for grants to communities. For the purposes of this paragraph, the match must be a nonstate contribution, but may be either cash or qualifying in-kind. This appropriation is available until June 30, 2008, at which time the project must be completed and final projects delivered, unless an earlier date is specified in the work program.

 

(g) Integrated and Pheromonal Control of Common Carp 550,000

 

$275,000 the first year and $275,000 the second year are from the trust fund to the University of Minnesota for the second biennium to research new options for controlling common carp. This appropriation is available until June 30, 2009, at which time the project must be completed and final products delivered, unless an earlier date is specified in the work program.

 

(h) Biological Control of European Buckthorn and Garlic Mustard 200,000

 

$100,000 the first year and $100,000 the second year are from the trust fund to the commissioner of natural resources to research potential insects for biological control of invasive European buckthorn species for the second biennium and to introduce and evaluate insects for biological control of garlic mustard. This appropriation is available until June 30, 2008, at which time the project must be completed and final products delivered, unless an earlier date is specified in the work program.

 

(i) Land Exchange Revolving Fund for Aitkin, Cass, and Crow Wing Counties 500,000

 

$250,000 the first year and $250,000 the second year are from the trust fund to the commissioner of natural resources for an agreement with Aitkin County for a six-year revolving loan fund to improve public and private land ownership patterns, increase management efficiency, and protect critical habitat in Aitkin, Cass, and Crow Wing Counties. By June 30, 2011, Aitkin County shall repay the $500,000 to the commissioner of finance for deposit in the environment and natural resources trust fund.


Journal of the House - 46th Day - Tuesday, April 26, 2005 - Top of Page 2852

APPROPRIATIONS

Available for the Year

Ending June 30

2006 2007

 

Subd. 6. Recreation 7,160,000 5,559,000

 

Summary by Fund

 

Trust Fund 5,560,000 5,559,000

 

State Land and Water Conservation Account (LAWCON)

 

1,600,000 -0-

 

(a) State Park and Recreation Area Land Acquisition 2,000,000

 

$1,000,000 the first year and $1,000,000 the second year are from the trust fund to the commissioner of natural resources to acquire in-holdings for state park and recreation areas. Land acquired with this appropriation must be sufficiently improved to meet at least minimum management standards as determined by the commissioner of natural resources. This appropriation is available until June 30, 2008, at which time the project must be completed and final products delivered, unless an earlier date is specified in the work program.

 

(b) LAWCON Federal Reimbursements 1,600,000

 

$1,600,000 is from the State Land and Water Conservation Account (LAWCON) in the natural resources fund to the commissioner of natural resources for priorities established by the commissioner for eligible state projects and administrative and planning activities consistent with Minnesota Statutes, section 116P.14, and the federal Land and Water Conservation Fund Act. Subdivision 16 applies to grants awarded in the approved work program. This appropriation is contingent upon receipt of the federal obligation and remains available until June 30, 2008, at which time the project must be completed and final products delivered, unless an earlier date is specified in the work program.

 

(c) State Park and Recreation Area Revenue-Enhancing Development 200,000

 

$100,000 the first year and $100,000 the second year are from the trust fund to the commissioner of natural resources to enhance revenue generation in the state's park and recreation system.

 

(d) Best Management Practices for Parks and Outdoor Recreation 200,000


Journal of the House - 46th Day - Tuesday, April 26, 2005 - Top of Page 2853

APPROPRIATIONS

Available for the Year

Ending June 30

2006 2007

 

$100,000 the first year and $100,000 the second year are from the trust fund to the commissioner of natural resources for an agreement with the Minnesota Recreation and Park Association to develop and evaluate opportunities to more efficiently manage Minnesota's parks and outdoor recreation areas.

 

(e) Metropolitan Regional Parks Acquisition, Rehabilitation, and Development 2,000,000

 

$1,000,000 the first year and $1,000,000 the second year are from the trust fund to the Metropolitan Council for subgrants for the acquisition, development, and rehabilitation in the metropolitan regional park system, consistent with the Metropolitan Council regional recreation open space capital improvement plan. This appropriation may not be used for the purchase of residential structures, may be used to reimburse implementing agencies for acquisition as expressly approved in the work program, and must be matched by at least 40 percent of nonstate money. Subdivision 16 applies to grants awarded in the approved work program. This appropriation is available until June 30, 2008, at which time the project must be completed and final products delivered, unless an earlier date is specified in the work program. If a project financed under this program receives a federal grant award, the availability of the financing from this paragraph for that project is extended to equal the period of the federal grant.

 

(f) Gitchi-Gami State Trail 500,000

 

$250,000 the first year and $250,000 the second year are from the trust fund to the commissioner of natural resources, in cooperation with the Gitchi-Gami Trail Association, for the fourth biennium, to design and construct approximately two miles of Gitchi-Gami State Trail segments. This appropriation is available until June 30, 2008, at which time the project must be completed and final products delivered. If this project receives a federal grant award, the availability of the financing from this paragraph for the project is extended to equal the period of the federal grant.

 

(g) Casey Jones State Trail 1,200,000

 

$600,000 the first year and $600,000 the second year are from the trust fund to the commissioner of natural resources in cooperation with the Friends of the Casey Jones Trail Association for land acquisition and development of the Casey Jones State Trail in southwest Minnesota. This appropriation is available until June 30, 2008, at which time the project must be completed and final products delivered. If this project receives a federal grant award, the availability of the financing from this paragraph for the project is extended to equal the period of the federal grant.


Journal of the House - 46th Day - Tuesday, April 26, 2005 - Top of Page 2854

APPROPRIATIONS

Available for the Year

Ending June 30

2006 2007

 

(h) Paul Bunyan State Trail Connection 400,000

 

$200,000 the first year and $200,000 the second year are from the trust fund to the commissioner of natural resources to acquire land to connect the Paul Bunyan State Trail within the city of Bemidji.

 

(i) Minnesota River Trail Planning 200,000

 

$100,000 the first year and $100,000 the second year are from the trust fund to the commissioner of natural resources for an agreement with the University of Minnesota to provide trail planning assistance to three communities along the Minnesota River State Trail.

 

(j) Local Initiative Grants-Parks and Natural Areas 1,200,000

 

$600,000 the first year and $600,000 the second year are from the trust fund to the commissioner of natural resources to provide matching grants to local governments for acquisition and development of natural and scenic areas and local parks as provided in Minnesota Statutes, section 85.019, subdivisions 2 and 4a, and regional parks outside of the metropolitan area. Grants may provide up to 50 percent of the nonfederal share of the project cost, except nonmetropolitan regional park grants may provide up to 60 percent of the nonfederal share of the project cost. $500,000 of this appropriation is for land acquisition for a proposed county regional park on Kraemer Lake in Stearns County. The commission will monitor the grants for approximate balance over extended periods of time between the metropolitan area, under Minnesota Statutes, section 473.121, subdivision 2, and the nonmetropolitan area through work program oversight and periodic allocation decisions. For the purposes of this paragraph, the match must be a nonstate contribution, but may be either cash or qualifying in-kind. Recipients may receive funding for more than one project in any given grant period. Subdivision 16 applies to grants awarded in the approved work program. This appropriation is available until June 30, 2008, at which time the project must be completed and final products delivered.

 

(k) Regional Park Planning for Nonmetropolitan Urban Areas 86,000

 

$43,000 the first year and $43,000 the second year are from the trust fund to the commissioner of natural resources for an agreement with the University of Minnesota to develop a plan for a system of regional recreation areas for major outstate urban complexes in Minnesota.


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APPROPRIATIONS

Available for the Year

Ending June 30

2006 2007

 

(l) Local and Regional Trail Grant Initiative Program 700,000

 

$350,000 the first year and $350,000 the second year are from the trust fund to the commissioner of natural resources to provide matching grants to local units of government for the cost of acquisition, development, engineering services, and enhancement of existing and new trail facilities. Subdivision 16 applies to grants awarded in the approved work program. This appropriation is available until June 30, 2008, at which time the project must be completed and final products delivered, unless an earlier date is specified in the work program. In addition, if a project financed under this program receives a federal grant award, the availability of the financing from this paragraph for that project is extended to equal the period of the federal grant.

 

(m) Mesabi Trail 1,000,000

 

$500,000 the first year and $500,000 the second year are from the trust fund to the commissioner of natural resources for an agreement with St. Louis and Lake Counties Regional Rail Authority for the seventh biennium to acquire and develop segments for the Mesabi Trail. This appropriation is available until June 30, 2008, at which time the project must be completed and final products delivered. If this project receives a federal grant award, the availability of the financing from this paragraph for the project is extended to equal the period of the federal grant.

 

(n) Cannon Valley Trail Belle Creek Bridge Replacement 300,000

 

$150,000 the first year and $150,000 the second year are from the trust fund to the commissioner of natural resources for an agreement with the Cannon Valley Trail Joint Powers Board for bridge replacement of the Belle Creek Bridge on the Cannon Valley Trail. This appropriation must be matched by at least $44,000 of nonstate money.

 

(o) Arrowhead Regional Bike Trail Connections Plan 83,000

 

$42,000 the first year and $41,000 the second year are from the trust fund to the commissioner of natural resources for an agreement with the Arrowhead Regional Development Commission to analyze the Arrowhead's major bike trails and plan new trail connections.

 

(p) Land Acquisition, Minnesota Landscape Arboretum 650,000


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APPROPRIATIONS

Available for the Year

Ending June 30

2006 2007

 

$325,000 the first year and $325,000 the second year are from the trust fund to the University of Minnesota for an agreement with the University of Minnesota Landscape Arboretum Foundation for the sixth biennium to acquire land from willing sellers. This appropriation must be matched by an equal amount of nonstate money. This appropriation is available until June 30, 2008, at which time the project must be completed and final products delivered, unless an earlier date is specified in the work program.

 

(q) Development and Rehabilitation of Minnesota Shooting Ranges 300,000

 

$150,000 the first year and $150,000 the second year are from the trust fund to the commissioner of natural resources to provide technical assistance and matching grants to local communities and recreational shooting and archery clubs for the purpose of developing or rehabilitating shooting and archery facilities for public use. Recipient facilities must be open to the general public at reasonable times and for a reasonable fee on a walk-in basis. This appropriation is available until June 30, 2008, at which time the project must be completed and final products delivered, unless an earlier date is specified in the work program.

 

(r) Birding Maps 100,000

 

$50,000 the first year and $50,000 the second year are from the trust fund to the commissioner of natural resources for an agreement with Audubon Minnesota to create a new birding trail guide for the North Shore/Arrowhead region and reprint and distribute guides for three existing birding trails.

 

Subd. 7. Water Resources 3,027,000 3,000,000

 

Summary by Fund

 

Trust Fund 2,999,000 3,000,000

 

Great Lakes Protection Account 28,000

 

(a) Local Water Management Matching Challenge Grants 1,000,000

 

$500,000 the first year and $500,000 the second year are from the trust fund to the Board of Water and Soil Resources to accelerate the local water management challenge grant program under Minnesota Statutes, sections 103B.3361 to 103B.3369, through matching grants to implement high priority activities in state-approved comprehensive water management plans. For the


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APPROPRIATIONS

Available for the Year

Ending June 30

2006 2007

 

purposes of this paragraph, the match must be a nonstate contribution, but may be either cash or qualifying in-kind. The grants may be provided on an advance basis as specified in the work program. This appropriation is available until June 30, 2008, at which time the project must be completed and final products delivered, unless an earlier date is specified in the work program.

 

(b) Accelerating and Enhancing Surface Water Monitoring for Lakes and Streams 600,000

 

$300,000 the first year and $300,000 the second year are from the trust fund to the commissioner of the Pollution Control Agency for acceleration of agency programs and cooperative agreements with the Minnesota Lakes Association, Rivers Council of Minnesota, and the University of Minnesota to accelerate monitoring efforts through assessments, citizen training, and implementation grants. This appropriation is available until June 30, 2008, at which time the project must be completed and final products delivered, unless an earlier date is specified in the work program.

 

(c) Effects of Land Retirements on the Minnesota River 300,000

 

$150,000 the first year and $150,000 the second year are from the trust fund to the Board of Water and Soil Resources for a cooperative agreement with the U.S. Geological Survey to evaluate effects of retired or set-aside agricultural lands on the water quality and aquatic habitat of streams in the Minnesota River Basin in order to enhance prioritization of future land retirements. This appropriation must be matched by an equal amount of nonstate money. This appropriation is available until June 30, 2008, at which time the project must be completed and final products delivered, unless an earlier date is specified in the work program.

 

(d) Recycling Treated Municipal Wastewater for Industrial Water Use 300,000

 

$150,000 the first year and $150,000 the second year are from the trust fund to the commissioner of natural resources for an agreement with the Metropolitan Council to determine the feasibility of recycling treated municipal wastewater for industrial use, characterize industrial water demand and quality, and determine the costs to treat municipal wastewater to meet specific industrial needs.

 

(e) Unwanted Hormone Therapy: Protecting Water and Public Health 300,000


Journal of the House - 46th Day - Tuesday, April 26, 2005 - Top of Page 2858

APPROPRIATIONS

Available for the Year

Ending June 30

2006 2007

 

$150,000 the first year and $150,000 the second year are from the trust fund to the University of Minnesota to determine where behavior-altering estrogenic compounds come from and how they are distributed in wastewater treatment plants. This appropriation is available until June 30, 2008, at which time the project must be completed and final products delivered, unless an earlier date is specified in the work program.

 

(f) Climate Change Impacts on Minnesota's Aquatic Resources 250,000

 

$125,000 the first year and $125,000 the second year are from the trust fund to the University of Minnesota, Natural Resources Research Institute, to quantify climate, hydrologic, and ecological variability and trends; and identify indicators of future climate change effects on aquatic systems. This appropriation is available until June 30, 2008, at which time the project must be completed and final products delivered, unless an earlier date is specified in the work program.

 

(g) Green Roof Cost Share and Monitoring 350,000

 

$175,000 the first year and $175,000 the second year are from the trust fund to the commissioner of natural resources for an agreement with Ramsey Conservation District to install green, vegetated roofs on four commercial or industrial buildings in Roseville and Falcon Heights and to monitor their effectiveness for stormwater management, flood reduction, water quality, and energy efficiency. The cost of the installations must be matched by at least 50 percent nonstate money.

 

(h) Woodchip Biofilter Treatment of Feedlot Runoff 270,000

 

$135,000 the first year and $135,000 the second year are from the trust fund to the commissioner of natural resources for agreements with Stearns County Soil and Water Conservation District and the University of Minnesota to treat feedlot runoff with woodchip biofilters to remove pollutants and assess improvements to surface water quality. This appropriation is available until June 30, 2008, at which time the project must be completed and final products delivered, unless an earlier date is specified in the work program.

 

(i) Improving Water Quality on the Central Sands 587,000

 

$294,000 the first year and $293,000 the second year are from the trust fund to the commissioner of natural resources for agreements with the University of Minnesota and the Central Lakes College


Journal of the House - 46th Day - Tuesday, April 26, 2005 - Top of Page 2859

APPROPRIATIONS

Available for the Year

Ending June 30

2006 2007

 

Agricultural Center to reduce nitrate and phosphorus losses to groundwater and surface waters of sandy ecoregions through the development, promotion, and adoption of new farming and land management practices and techniques. This appropriation is available until June 30, 2008, at which time the project must be completed and final products delivered, unless an earlier date is specified in the work program.

 

(j) Improving Impaired Watersheds: Conservation Drainage Research 300,000

 

$150,000 the first year and $150,000 the second year are from the trust fund to the commissioner of agriculture to analyze conservation drainage systems at University of Minnesota research and outreach centers for opportunities to retrofit drainage infrastructure with water quality improvement technologies. This appropriation is available until June 30, 2008, at which time the project must be completed and final products delivered, unless an earlier date is specified in the work program.

 

(k) Hydrology, Habitat, and Energy Potential of Mine Lakes 500,000

 

$188,000 the first year and $211,000 the second year are from the trust fund to the commissioner of natural resources for agency work and agreements with Architectural Resources, Inc., and Northeast Technical Services, Inc., for a coordinated effort of the Central Iron Range Initiative to establish ultimate mine water elevations, outflows, and quality; design optimum future mineland configurations for fish habitat and lakeshore development; and evaluate wind-pumped hydropower potential. $62,000 the first year and $39,000 the second year are from the trust fund to the Minnesota Geological Survey at the University of Minnesota to assess the geology and mine pit morphometry.

 

(l) Hennepin County Beach Water Quality Monitoring Project 100,000

 

$50,000 the first year and $50,000 the second year are from the trust fund to the commissioner of natural resources for an agreement with Hennepin County to develop a predictive model for on-site determination of beach water quality to prevent outbreaks of waterborne illnesses and provide related water safety outreach to the public.

 

(m) Southwest Minnesota Floodwater Retention Projects 500,000


Journal of the House - 46th Day - Tuesday, April 26, 2005 - Top of Page 2860

APPROPRIATIONS

Available for the Year

Ending June 30

2006 2007

 

$250,000 the first year and $250,000 the second year are from the trust fund to the commissioner of natural resources for an agreement with Area II MN River Basin Projects, Inc., to acquire easements and construct four floodwater retention projects in the Minnesota River Basin to improve water quality and waterfowl habitat.

 

(n) Upgrades to Blue Heron Research Vessel 295,000

 

$28,000 is from the Great Lakes protection account in the first year and $133,000 the first year and $134,000 the second year are from the trust fund to the University of Minnesota, Large Lakes Observatory, to upgrade and overhaul the Blue Heron Research Vessel.

 

(o) Bassett Creek Valley Channel Restoration 175,000

 

$87,000 the first year and $88,000 the second year are from the trust fund to the commissioner of natural resources for an agreement with the city of Minneapolis for design and engineering activities for habitat restoration and water quality and channel improvements for Bassett Creek Valley.

 

(p) Restoration of Indian Lake 200,000

 

$100,000 the first year and $100,000 the second year are from the trust fund to the commissioner of natural resources for agreements with MN Environmental Services and Bemidji State University to demonstrate the removal of excess nutrients from Indian Lake in Wright County. This appropriation is available until June 30, 2008, at which time the project must be completed and final products delivered, unless an earlier date is specified in the work program, and is contingent on all appropriate permits being obtained.

 

Subd. 8. Land Use and Natural Resource Information 1,000,000 1,000,000

 

Summary by Fund

 

Trust Fund 1,000,000 1,000,000

 

(a) Minnesota County Biological Survey 1,000,000


Journal of the House - 46th Day - Tuesday, April 26, 2005 - Top of Page 2861

APPROPRIATIONS

Available for the Year

Ending June 30

2006 2007

 

$500,000 the first year and $500,000 the second year are from the trust fund to the commissioner of natural resources for the tenth biennium to accelerate the survey that identifies significant natural areas and systematically collects and interprets data on the distribution and ecology of native plant communities, rare plants, and rare animals.

 

(b) Soil Survey 500,000

 

$250,000 the first year and $250,000 the second year are from the trust fund to the Board of Water and Soil Resources to accelerate digitizing of completed soil surveys for Web-based user application and for agreements with Pine and Crow Wing Counties to begin soil surveys. The new soil surveys must be done on a cost-share basis with local and federal funds. This appropriation is available until June 30, 2008, at which time the project must be completed and final products delivered, unless an earlier date is specified in the work program.

 

(c) Land Cover Mapping for Natural Resource Protection 250,000

 

$125,000 the first year and $125,000 the second year are from the trust fund to the commissioner of natural resources for an agreement with Hennepin County to develop GIS tools for prioritizing natural areas for protection and restoration and to update and complete land cover classification mapping.

 

(d) Open Space Planning and Protection 250,000

 

$125,000 the first year and $125,000 the second year are from the trust fund to the commissioner of natural resources for an agreement with Anoka Conservation District to protect open space by identifying high priority natural resource corridors through planning, conservation easements, and land dedication as part of development processes.

 

Subd. 9. Agriculture and Natural Resource Industries 1,342,000 1,341,000

 

Summary by Fund

 

Trust Fund 1,342,000 1,341,000

 

(a) Completing Third-Party Certification of DNR Forest Lands 250,000


Journal of the House - 46th Day - Tuesday, April 26, 2005 - Top of Page 2862

APPROPRIATIONS

Available for the Year

Ending June 30

2006 2007

 

$125,000 the first year and $125,000 the second year are from the trust fund to the commissioner of natural resources for third-party assessment and certification of 4,470,000 acres of DNR-administered lands under forest sustainability standards established by two internationally recognized forest certification systems, the Forest Stewardship Council system, and the Sustainable Forestry Initiative system.

 

(b) Third-Party Certification of Private Woodlands 376,000

 

$188,000 the first year and $188,000 the second year are from the trust fund to the University of Minnesota, Cloquet Forestry Center, to pilot a third-party certification assessment framework for nonindustrial private forest owners.

 

(c) Sustainable Management of Private Forest Lands 874,000

 

$437,000 the first year and $437,000 the second year are from the trust fund to the commissioner of natural resources to develop stewardship plans for private forested lands, implement stewardship plans on a cost-share basis and for conservation easements matching federal funds. This appropriation is available until June 30, 2008, at which time the project must be completed and final products delivered, unless an earlier date is specified in the work program.

 

(d) Evaluating Riparian Timber Harvesting Guidelines: Phase 2 333,000

 

$167,000 the first year and $166,000 the second year are from the trust fund to the University of Minnesota for a second biennium to assess the timber harvesting riparian management guidelines for postharvest impacts on terrestrial, aquatic, and wildlife habitat. This appropriation is available until June 30, 2008, at which time the project must be completed and final products delivered, unless an earlier date is specified in the work program.

 

(e) Third Crops for Water Quality-Phase 2 500,000

 

$250,000 the first year and $250,000 the second year are from the trust fund to the commissioner of natural resources for cooperative agreements with Rural Advantage and the University of Minnesota to accelerate adoption of third crops to enhance water quality, diversify cropping systems, supply bioenergy, and provide wildlife habitat through demonstration, research, and education. This appropriation is available until June 30, 2008, at which time the project must be completed and final products delivered, unless an earlier date is specified in the work program.


Journal of the House - 46th Day - Tuesday, April 26, 2005 - Top of Page 2863

APPROPRIATIONS

Available for the Year

Ending June 30

2006 2007

 

(f) Bioconversion of Potato Waste into Marketable Biopolymers 350,000

 

$175,000 the first year and $175,000 the second year are from the trust fund to the commissioner of natural resources for an agreement with Bemidji State University to evaluate the bioconversion of potato waste into plant-based plastics. This appropriation is available until June 30, 2008, at which time the project must be completed and final products delivered, unless an earlier date is specified in the work program.

 

Subd. 10. Energy 1,896,000 1,896,000

 

Summary by Fund

 

Trust Fund 1,896,000 1,896,000

 

(a) Clean Energy Resource Teams and Community Wind Energy Rebate Programs 700,000

 

$350,000 the first year and $350,000 the second year are from the trust fund to the commissioner of commerce. $300,000 of this appropriation is to provide technical assistance to implement cost-effective conservation, energy efficiency, and renewable energy projects. $400,000 of this appropriation is to assist two Minnesota communities in developing locally owned wind energy projects by offering financial assistance rebates.

 

(b) Planning for Economic Development via Energy Independence 240,000

 

$120,000 the first year and $120,000 the second year are from the trust fund to the commissioner of natural resources for an agreement with the University of Minnesota-Duluth to evaluate the socioeconomic benefits of statewide and community renewable energy production and distribution by analyzing system installation, technical capabilities, cost-competitiveness, economic impacts, and policy incentives.

 

(c) Manure Methane Digester Compatible Wastes and Electrical Generation 100,000

 

$50,000 the first year and $50,000 the second year are from the trust fund to the commissioner of agriculture to research the potential for a centrally located, multifarm manure digester and the potential use of compatible waste streams with manure digesters.

 

(d) Dairy Farm Digesters 336,000


Journal of the House - 46th Day - Tuesday, April 26, 2005 - Top of Page 2864

APPROPRIATIONS

Available for the Year

Ending June 30

2006 2007

 

$168,000 the first year and $168,000 the second year are from the trust fund to the commissioner of natural resources for an agreement with the Minnesota Project for a pilot project to evaluate anaerobic digester technology on average size dairy farms of 50 to 300 cows.

 

(e) Wind to Hydrogen Demonstration 800,000

 

$400,000 the first year and $400,000 the second year are from the trust fund to the commissioner of natural resources for an agreement with the University of Minnesota, West Central Research and Outreach Center, to develop a model community-scale wind-to-hydrogen facility.

 

(f) Natural Gas Production from Agricultural Biomass 100,000

 

$50,000 the first year and $50,000 the second year are from the trust fund to the commissioner of natural resources for an agreement with Sebesta Blomberg and Associates to demonstrate potential natural gas yield using anaerobic digestion of blends of chopped grasses or crop residue with hog manure and determine optimum operating conditions for conversion to natural gas.

 

(g) Biomass-Derived Oils for Generating Electricity and Reducing Emissions 150,000

 

$75,000 the first year and $75,000 the second year are from the trust fund to the University of Minnesota to evaluate the environmental and performance benefits of using renewable biomass-derived oils, such as soybean oil, for generating electricity.

 

(h) Phillips Biomass Community Energy System 900,000

 

$450,000 the first year and $450,000 the second year are from the trust fund to the commissioner of natural resources for an agreement with Phillips Community Energy Cooperative to assist in the distribution system equipment and construction costs for a biomass district energy system. This appropriation is contingent on all appropriate permits being obtained and a signed commitment of financing for the biomass electrical generating facility being in place.

 

(i) Laurentian Energy Authority Biomass Project 466,000


Journal of the House - 46th Day - Tuesday, April 26, 2005 - Top of Page 2865

APPROPRIATIONS

Available for the Year

Ending June 30

2006 2007

 

$233,000 the first year and $233,000 the second year are from the trust fund to the commissioner of natural resources for an agreement with Virginia Public Utility to lease land and plant approximately 1,000 acres of trees to support a proposed conversion to a biomass power plant.

 

Subd. 11. Environmental Education 360,000 360,000

 

Summary by Fund

 

Trust Fund 360,000 360,000

 

(a) Enhancing Civic Understanding of Groundwater 150,000

 

$75,000 the first year and $75,000 the second year are from the trust fund to the commissioner of natural resources for an agreement with the Science Museum of Minnesota to create groundwater exhibits and a statewide traveling groundwater classroom program. This appropriation is available until June 30, 2008, at which time the project must be completed and final products delivered, unless an earlier date is specified in the work program.

 

(b) Cedar Creek Natural History Area Interpretive Center and Restoration 400,000

 

$200,000 the first year and $200,000 the second year are from the trust fund to the commissioner of natural resources for an agreement with the University of Minnesota, Cedar Creek Natural History Area, to restore 400 acres of savanna and prairie; construct a Science Interpretive Center to publicly demonstrate technologies for energy efficiency; and create interpretive trails. This appropriation is available until June 30, 2008, at which time the project must be completed and final products delivered, unless an earlier date is specified in the work program.

 

(c) Environmental Problem-Solving Model for Twin Cities Schools 75,000

 

$38,000 the first year and $37,000 the second year are from the trust fund to the commissioner of natural resources for an agreement with Eco Education to train high school students and teachers on environmental problem solving.

 

(d) Tamarack Nature Center Exhibits 95,000


Journal of the House - 46th Day - Tuesday, April 26, 2005 - Top of Page 2866

APPROPRIATIONS

Available for the Year

Ending June 30

2006 2007

 

$47,000 the first year and $48,000 the second year are from the trust fund to the commissioner of natural resources for an agreement with Ramsey County Parks and Recreation Department to develop interactive ecological exhibits at Tamarack Nature Center.

 

Subd. 12. Children's Environmental Health 100,000 100,000

 

Summary by Fund

 

Trust Fund 100,000 100,000

 

Minnesota Children's Pesticide Exposure Reduction Initiative 200,000

 

$100,000 the first year and $100,000 the second year are appropriated to the commissioner of agriculture to reduce children's pesticide exposure through parent education on alternative pest control methods and safe pesticide use.

 

Subd. 13. Data Availability Requirements

 

(a) During the biennium ending June 30, 2007, data collected by the projects funded under this section that have value for planning and management of natural resource, emergency preparedness, and infrastructure investments must conform to the enterprise information architecture developed by the Office of Technology. Spatial data must conform to geographic information system guidelines and standards outlined in that architecture and adopted by the Minnesota Geographic Data Clearinghouse at the Land Management Information Center. A description of these data that adheres to Office of Technology geographic metadata standards must be submitted to the Land Management Information Center to be made available on-line through the clearinghouse, and the data themselves must be accessible and free to the public unless made private under the Data Practices Act, Minnesota Statutes, chapter 13.

 

(b) To the extent practicable, summary data and results of projects funded under this section should be readily accessible on the Internet and identified as an environment and natural resources trust fund project.

 

(c) As part of project expenditures, recipients of land acquisition appropriations must provide the information necessary to update public recreation information maps to the Department of Natural Resources in the form specified by the department.


Journal of the House - 46th Day - Tuesday, April 26, 2005 - Top of Page 2867

APPROPRIATIONS

Available for the Year

Ending June 30

2006 2007

 

Subd. 14. Project Requirements

 

It is a condition of acceptance of the appropriations in this section that any agency or entity receiving the appropriation must comply with Minnesota Statutes, chapter 116P, and vegetation planted must be native to Minnesota and preferably of the local ecotype unless the work program approved by the commission expressly allows the planting of species that are not native to Minnesota.

 

Subd. 15. Match Requirements

 

Unless specifically authorized, appropriations in this section that must be matched and for which the match has not been committed by December 31, 2005, are canceled, and in-kind contributions may not be counted as matching funds.

 

Subd. 16. Payment Conditions and Capital Equipment Expenditures

 

All agreements, grants, or contracts referred to in this section must be administered on a reimbursement basis unless otherwise provided in this section. Notwithstanding Minnesota Statutes, section 16A.41, expenditures made on or after July 1, 2005, or the date the work program is approved, whichever is later, are eligible for reimbursement unless otherwise provided in this section. Payment must be made upon receiving documentation that project-eligible, reimbursable dollar amounts have been expended, except that reasonable amounts may be advanced to projects to accommodate cash flow needs or match federal funds. The advances must be approved as part of the work program. No expenditures for capital equipment are allowed unless expressly authorized in the project work program.

 

Subd. 17. Purchase of Recycled and Recyclable Materials

 

A political subdivision, public or private corporation, or other entity that receives an appropriation in this section must use the appropriation in compliance with Minnesota Statutes, sections 16B.121 and 16B.122, requiring the purchase of recycled, repairable, and durable materials; the purchase of uncoated paper stock; and the use of soy-based ink, the same as if it were a state agency.


Journal of the House - 46th Day - Tuesday, April 26, 2005 - Top of Page 2868

APPROPRIATIONS

Available for the Year

Ending June 30

2006 2007

 

Subd. 18. Energy Conservation

 

A recipient to whom an appropriation is made in this section for a capital improvement project shall ensure that the project complies with the applicable energy conservation standards contained in law, including Minnesota Statutes, sections 216C.19 and 216C.20, and rules adopted thereunder. The recipient may use the energy planning, advocacy, and state energy office units of the Department of Commerce to obtain information and technical assistance on energy conservation and alternative energy development relating to the planning and construction of the capital improvement project.

 

Subd. 19. Accessibility

 

Structural and nonstructural facilities must meet the design standards in the Americans with Disability Act (ADA) accessibility guidelines.

 

Sec. 11. Minnesota Statutes 2004, section 16A.125, subdivision 5, is amended to read:

 

Subd. 5. [FOREST TRUST LANDS.] (a) The term "state forest trust fund lands" as used in this subdivision, means public land in trust under the Constitution set apart as "forest lands under the authority of the commissioner" of natural resources as defined by section 89.001, subdivision 13.

 

(b) The commissioner of finance shall credit the revenue from the forest trust fund lands to the forest suspense account. The account must specify the trust funds interested in the lands and the respective receipts of the lands.

 

(c) After a fiscal year, the commissioner of finance shall certify the total costs incurred for forestry during that year under appropriations for the protection, improvement, administration, and management of state forest trust fund lands and construction and improvement of forest roads to enhance the forest value of the lands. The certificate must specify the trust funds interested in the lands. The commissioner of natural resources shall supply the commissioner of finance with the information needed for the certificate.

 

(d) After a fiscal year and after the appropriation in subdivision 11, the commissioner shall distribute the receipts credited to the suspense account during that fiscal year as follows:

 

(a) (1) the amount of the certified costs incurred by the state for forest management, forest improvement, and road improvement during the fiscal year shall be transferred to the general fund. forest management investment account established under section 89.039;

 

(2) the balance of the certified costs incurred by the state during the fiscal year shall be transferred to the general fund; and

 

(b) (3) the balance of the receipts shall then be returned prorated to the trust funds in proportion to their respective interests in the lands which produced the receipts.


Journal of the House - 46th Day - Tuesday, April 26, 2005 - Top of Page 2869

Sec. 12. Minnesota Statutes 2004, section 84.027, subdivision 12, is amended to read:

 

Subd. 12. [PROPERTY DISPOSAL; GIFT ACKNOWLEDGMENT; ADVERTISING SALES.] (a) The commissioner may give away to members of the public items with a value of less than $10 $50 that are intended to promote conservation of natural resources or create awareness of the state and its resources or natural resource management programs. The total value of items given to the public under this paragraph may not exceed $25,000 per year.

 

(b) The commissioner may recognize the contribution of money or in-kind services on plaques, signs, publications, audio-visual materials, and media advertisements by allowing the organization's contribution to be acknowledged in print of readable size.

 

(c) The commissioner may accept paid advertising for departmental publications. Advertising revenues received are appropriated to the commissioner to be used to defray costs of publications, media productions, or other informational materials. The commissioner may not accept paid advertising from any elected official or candidate for elective office.

 

Sec. 13. Minnesota Statutes 2004, section 84.027, subdivision 15, is amended to read:

 

Subd. 15. [ELECTRONIC TRANSACTIONS.] (a) The commissioner may receive an application for, sell, and issue any license, stamp, permit, pass, sticker, duplicate safety training certification, registration, or transfer under the jurisdiction of the commissioner by electronic means, including by telephone. Notwithstanding section 97A.472, electronic and telephone transactions may be made outside of the state. The commissioner may:

 

(1) provide for the electronic transfer of funds generated by electronic transactions, including by telephone;

 

(2) assign a license an identification number to an applicant who purchases a hunting or fishing license or recreational vehicle registration by electronic means, to serve as temporary authorization to engage in the licensed activity requiring a license or registration until the license or registration is received or expires;

 

(3) charge and permit agents to charge a fee of individuals who make electronic transactions and transactions by telephone or Internet, including the issuing fee under section 97A.485, subdivision 6, fees and an additional transaction fee not to exceed $3.50;

 

(4) collect issuing or filing fees as provided under sections 84.788, subdivision 3, paragraph (e); 84.798, subdivision 3, paragraph (b); 84.82, subdivision 2, paragraph (d); 84.8205, subdivisions 5 and 6; 84.922, subdivision 2, paragraph (e); 85.41, subdivision 5; 86B.415, subdivision 8; and 97A.485, subdivision 6, and collect establish, by written order, an electronic licensing system commission on to be paid by revenues generated from all sales of licenses as provided under sections 85.43, paragraph (b), and 97A.485, subdivision 7 made through the electronic licensing system. The commissioner shall establish the commission in a manner that neither significantly overrecovers nor underrecovers costs involved in providing the electronic licensing system; and

 

(5) adopt rules to administer the provisions of this subdivision.

 

(b) Establishment of The transaction fee fees established under paragraph (a), clause (3), and the commission established under paragraph (a), clause (4), is are not subject to the rulemaking procedures of chapter 14 and section 14.386 does not apply.

 

(c) Money received from fees and commissions collected under this subdivision, including interest earned, is annually appropriated from the game and fish fund and the natural resources fund to the commissioner for the cost of electronic licensing.

 

[EFFECTIVE DATE.] This section is effective July 6, 2005.


Journal of the House - 46th Day - Tuesday, April 26, 2005 - Top of Page 2870

Sec. 14. Minnesota Statutes 2004, section 84.027, is amended by adding a subdivision to read:

 

Subd. 17. [BACKGROUND CHECKS FOR VOLUNTEER INSTRUCTORS.] (a) The commissioner may conduct background checks for volunteer instructor applicants for department safety training and education programs, including the programs established under sections 84.791 (youth off-highway motorcycle safety education and training), 84.86 and 84.862 (youth and adult snowmobile safety training), 84.925 (youth all-terrain vehicle safety education and training), 97B.015 (youth firearms safety training), and 97B.025 (hunter and trapper education and training).

 

(b) The commissioner shall perform the background check by retrieving criminal history data maintained in the criminal justice information system (CJIS) and other data sources.

 

(c) The commissioner shall develop a standardized form to be used for requesting a background check, which must include:

 

(1) a notification to the applicant that the commissioner will conduct a background check under this section;

 

(2) a notification to the applicant of the applicant's rights under paragraph (d); and

 

(3) a signed consent by the applicant to conduct the background check expiring one year from date of signature.

 

(d) The volunteer instructor applicant who is the subject of a background check has the right to:

 

(1) be informed that the commissioner will request a background check on the applicant;

 

(2) be informed by the commissioner of the results of the background check and obtain a copy of the background check;

 

(3) obtain any record that forms the basis for the background check and report;

 

(4) challenge the accuracy and completeness of the information contained in the report or a record; and

 

(5) be informed by the commissioner if the applicant is rejected because of the result of the background check.

 

Sec. 15. Minnesota Statutes 2004, section 84.0274, is amended by adding a subdivision to read:

 

Subd. 9. [EXCEPTION FOR NONPROFIT ORGANIZATIONS AND GOVERNMENTAL ENTITIES.] When the commissioner acquires land or interests in land from a nonprofit organization or governmental entity, any or all of the provisions of this section may be waived by mutual agreement of the commissioner and the nonprofit organization or governmental entity.

 

Sec. 16. Minnesota Statutes 2004, section 84.0274, is amended by adding a subdivision to read:

 

Subd. 10. [RIGHT OF FIRST REFUSAL AGREEMENT.] The commissioner may enter into a right of first refusal agreement with a landowner prior to determining the value of the land. No right of first refusal agreement shall be made for a period of greater than two years and payment to the landowner for entry into the agreement shall not exceed $5,000.


Journal of the House - 46th Day - Tuesday, April 26, 2005 - Top of Page 2871

Sec. 17. Minnesota Statutes 2004, section 84.0911, subdivision 2, is amended to read:

 

Subd. 2. [RECEIPTS.] Money received from the sale of wild rice licenses issued by the commissioner under section 84.091, subdivision 3, paragraph (a), clauses (1), (3), and (4), and subdivision 3, paragraph (b), except for the electronic licensing system commission established by the commissioner under section 84.027, subdivision 15, shall be credited to the wild rice management account.

 

[EFFECTIVE DATE.] This section is effective July 6, 2005.

 

Sec. 18. Minnesota Statutes 2004, section 84.631, is amended to read:

 

84.631 [ROAD EASEMENTS ACROSS STATE LANDS.]

 

(a) Except as provided in section 85.015, subdivision 1b, the commissioner, on behalf of the state, may convey a road easement across state land under the commissioner's jurisdiction other than school trust land, to a private person requesting an easement for access to property owned by the person only if the following requirements are met: (1) there are no reasonable alternatives to obtain access to the property; and (2) the exercise of the easement will not cause significant adverse environmental or natural resource management impacts.

 

(b) The commissioner shall:

 

(1) require the applicant to pay the market value of the easement;

 

(2) provide that the easement reverts to the state in the event of nonuse; and

 

(3) impose other terms and conditions of use as necessary and appropriate under the circumstances.

 

(c) An applicant shall submit a fee of $2,000 with each application for a road easement across state land. The application fee is nonrefundable, even if the application is withdrawn or denied.

 

(d) Fees collected under paragraph (c) must be deposited in the land management account in the natural resources fund.

 

Sec. 19. Minnesota Statutes 2004, section 84.775, subdivision 1, is amended to read:

 

Subdivision 1. [CIVIL CITATION; AUTHORITY TO ISSUE.] (a) A conservation officer or other licensed peace officer may issue a civil citation to a person who operates:

 

(1) an off-highway motorcycle in violation of sections 84.773, subdivision 1 or 2, clause (1); 84.777; 84.788 to 84.795; or 84.90;

 

(2) an off-road vehicle in violation of sections 84.773, subdivision 1 or 2, clause (1); 84.777; 84.798 to 84.804; or 84.90; or

 

(3) an all-terrain vehicle in violation of sections 84.773, subdivision 1 or 2, clause (1); 84.777; 84.90; or 84.922 to 84.928.

 

(b) A civil citation under paragraph (a) shall require restitution for public and private property damage and impose a penalty of:

 

(1) $100 for the first offense;


Journal of the House - 46th Day - Tuesday, April 26, 2005 - Top of Page 2872

(2) $200 for the second offense; and

 

(3) $500 for third and subsequent offenses.

 

(c) A conservation officer or other licensed peace officer may issue a civil citation to a person who operates an off-highway motorcycle, off-road vehicle, or all-terrain vehicle in violation of section 84.773, subdivision 2, clause (2) or (3). A civil citation under this paragraph shall require restitution for damage to wetlands and impose a penalty of:

 

(1) $100 for the first offense;

 

(2) $500 for the second offense; and

 

(3) $1,000 for third and subsequent offenses.

 

(d) If the peace officer determines that there is damage to property requiring restitution, the commissioner must send a written explanation of the extent of the damage and the cost of the repair by first class mail to the address provided by the person receiving the citation within 15 days of the date of the citation.

 

(e) An off-road vehicle or all-terrain vehicle that is equipped with a snorkel device and receives a civil citation under this section is subject to twice the penalty amounts in paragraphs (b) and (c).

 

Sec. 20. [84.781] [USE OF DEPARTMENT RESOURCES.]

 

The commissioner of natural resources may permit Department of Natural Resources personnel and equipment from the Division of Trails and Waterways to be used to assist local units of government in developing and maintaining off-highway vehicle grant-in-aid trails located on property owned by or under the control of the local unit of government.

 

Sec. 21. [84.785] [OFF-HIGHWAY VEHICLE SAFETY AND CONSERVATION GRANT PROGRAM.]

 

Subdivision 1. [CREATION.] The commissioner of natural resources shall establish an off-highway vehicle safety and conservation grant program to award grants to organizations that meet the eligibility requirements under subdivision 3.

 

Subd. 2. [PURPOSE.] The purpose of the off-highway vehicle safety and conservation grant program is to encourage off-highway vehicle clubs to assist in safety and environmental education and in improving, maintaining, and monitoring trails on state forest land and other public lands.

 

Subd. 3. [ELIGIBILITY.] To be eligible for a grant under this section, an organization must:

 

(1) be a statewide Minnesota organization that has been in existence at least five years and that promotes the operation of off-highway vehicles in a manner that is safe, responsible, and does not harm the environment;

 

(2) promote the operation of off-highway vehicles in a manner that does not conflict with the laws and rules that relate to the operation of off-highway vehicles;

 

(3) have an interest limited to the operation of motorized vehicles on motorized trails and other designated areas;

 

(4) have a board of directors that has 80 percent of its members who are representatives of all-terrain vehicle clubs, off-highway motorcycle clubs, or off-road vehicle clubs; and


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(5) provide support to off-highway vehicle clubs.

 

Subd. 4. [USE OF GRANTS.] An organization receiving a grant under this section shall use the grant money to promote and provide support to the Department of Natural Resources by:

 

(1) encouraging off-highway vehicle clubs to assist in improving, maintaining, and monitoring trails on state forest land and other public lands;

 

(2) providing assistance to the department in locating, recruiting, and training instructors;

 

(3) assisting the commissioner and the director of tourism in creating an outreach program to inform local communities of appropriate off-highway vehicle use in their communities and of the economic benefits and costs that may be attributed to promoting tourism to attract off-highway vehicles;

 

(4) publishing a manual in cooperation with the commissioner that will be used to train volunteers in monitoring the operation of off-highway vehicles for safety, environmental, and other issues that relate to the responsible operation of off-highway vehicles; and

 

(5) collecting data on the operation of off-highway vehicles in the state.

 

Sec. 22. [84.7851] [WORKER DISPLACEMENT PROHIBITED.]

 

The commissioner may not enter into any agreement that has the purpose of or results in the displacement of public employees by volunteers participating in an off-highway safety and conservation program. The commissioner must certify to the appropriate bargaining agent that the work performed by a volunteer will not result in the displacement of currently employed workers or workers on seasonal layoff or layoff from a substantially equivalent position, including partial displacement such as reduction in hours of nonovertime work, wages, or other employment benefits.

 

Sec. 23. Minnesota Statutes 2004, section 84.788, subdivision 3, is amended to read:

 

Subd. 3. [APPLICATION; ISSUANCE; REPORTS.] (a) Application for registration or continued registration must be made to the commissioner or an authorized deputy registrar of motor vehicles in a form prescribed by the commissioner. The form must state the name and address of every owner of the off-highway motorcycle.

 

(b) A person who purchases from a retail dealer an off-highway motorcycle shall make application for registration to the dealer at the point of sale. The dealer shall issue a temporary ten-day registration permit to each purchaser who applies to the dealer for registration. The dealer shall submit the completed registration applications and fees to the deputy registrar at least once each week. No fee may be charged by a dealer to a purchaser for providing the temporary permit.

 

(c) Upon receipt of the application and the appropriate fee, the commissioner or deputy registrar shall issue to the applicant, or provide to the dealer, a 60-day temporary receipt and shall assign a an assigned registration number that or a commissioner or deputy registrar temporary ten-day permit. Once issued, the registration number must be affixed to the motorcycle in a manner prescribed by the commissioner according to paragraph (f). A dealer subject to paragraph (b) shall provide the registration materials and or temporary receipt permit to the purchaser within the ten-day temporary permit period.

 

(d) The commissioner shall develop a registration system to register vehicles under this section. A deputy registrar of motor vehicles acting under section 168.33, is also a deputy registrar of off-highway motorcycles. The commissioner of natural resources in agreement with the commissioner of public safety may prescribe the accounting and procedural requirements necessary to ensure efficient handling of registrations and registration fees. Deputy registrars shall strictly comply with the accounting and procedural requirements.


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(e) In addition to other fees prescribed by law, a filing fee of $4.50 is charged for each off-highway motorcycle registration renewal, duplicate or replacement registration card, and replacement decal and a filing fee of $7 is charged for each off-highway motorcycle registration and registration transfer issued by:

 

(1) a deputy registrar and must be deposited in the treasury of the jurisdiction where the deputy is appointed, or kept if the deputy is not a public official; or

 

(2) the commissioner and must be deposited in the state treasury and credited to the off-highway motorcycle account.

 

(f) Unless exempted in paragraph (g), the owner of an off-highway motorcycle must display a registration decal issued by the commissioner. If the motorcycle is licensed as a motor vehicle, a registration decal must be affixed on the upper left corner of the rear license plate. If the motorcycle is not licensed as a motor vehicle, the decal must be attached on the side of the motorcycle and may be attached to the fork tube. The decal must be attached in a manner so that it is visible while a rider is on the motorcycle. The issued decals must be of a size to work within the constraints of the electronic licensing system, not to exceed three inches high and three inches wide.

 

(g) Display of a registration decal is not required for an off-highway motorcycle:

 

(1) while being operated on private property; or

 

(2) while competing in a closed-course competition event.

 

Sec. 24. Minnesota Statutes 2004, section 84.788, is amended by adding a subdivision to read:

 

Subd. 11. [REFUNDS.] The commissioner may issue a refund on a registration, not including any issuing fees paid under subdivision 3, paragraph (e), or section 84.027, subdivision 15, paragraph (a), clause (3), if the refund request is received within 12 months of the original registration and:

 

(1) the off-highway motorcycle was registered incorrectly by the commissioner or the deputy registrar; or

 

(2) the off-highway motorcycle was registered twice, once by the dealer and once by the customer.

 

Sec. 25. Minnesota Statutes 2004, section 84.789, is amended by adding a subdivision to read:

 

Subd. 3. [SOUND EMISSIONS.] (a) On and after July 1, 2006, off-highway motorcycles, when operating on public lands, shall at all times be equipped with a silencer or other device that limits sound emissions according to this subdivision.

 

(b) Sound emissions of competition off-highway motorcycles manufactured on or after January 1, 1998, are limited to not more than 96 dbA and, if manufactured prior to January 1, 1998, to not more than 99 dbA, when measured from a distance of 20 inches using test procedures established by the Society of Automotive Engineers under Standard J-1287, as applicable.

 

(c) Sound emissions of all other off-highway motorcycles are limited to not more than 96 dbA if manufactured on or after January 1, 1986, and not more than 99 dbA if manufactured prior to January 1, 1986, when measured from a distance of 20 inches using test procedures established by the Society of Automotive Engineers under Standard J-1287, as applicable.


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Sec. 26. Minnesota Statutes 2004, section 84.791, subdivision 1, is amended to read:

 

Subdivision 1. [PROGRAM ESTABLISHED; WHEN REQUIRED.] (a) The commissioner shall establish a comprehensive off-highway motorcycle environment and safety education and training program, including the preparation and dissemination of vehicle information and safety advice to the public, the training of off-highway motorcycle operators, and the issuance of off-highway motorcycle safety certificates to operators under the age of 16 years who successfully complete the off-highway motorcycle environment and safety education and training courses.

 

(b) An individual who is convicted of violating a law related to the operation of an off-highway motorcycle must successfully complete the environment and safety education and training program established under paragraph (a) before continuing operation of an off-highway motorcycle.

 

Sec. 27. Minnesota Statutes 2004, section 84.791, subdivision 2, is amended to read:

 

Subd. 2. [FEES.] For the purposes of administering the program and to defray a portion of the expenses of training and certifying vehicle operators, the commissioner shall collect a fee not to exceed $5 from each person who receives the training. The commissioner shall collect a fee for issuing a duplicate off-highway motorcycle safety certificate. The commissioner shall establish the fee for a duplicate off-highway motorcycle safety certificate, to include a $1 issuing fee for licensing agents, that neither significantly overrecovers nor underrecovers costs, including overhead costs, involved in providing the service. The fees must, except for the issuing fee for licensing agents under this subdivision, shall be deposited in the state treasury and credited to the off-highway motorcycle account in the natural resources fund.

 

Sec. 28. Minnesota Statutes 2004, section 84.798, subdivision 1, is amended to read:

 

Subdivision 1. [GENERAL REQUIREMENTS.] (a) Unless exempted under paragraph (b) or subdivision 2, after January 1, 1995, a person may not operate and an owner may not give permission for another to operate a vehicle off-road, nor may a person have an off-road vehicle not registered under chapter 168 in possession at an off-road vehicle staging area, or designated trail on lands administered by the commissioner on off-road vehicle-designated trails or area areas, or on off-road vehicle grant-in-aid trails and areas funded under section 84.803, unless the vehicle has been registered under this section.

 

(b) Annually on the third Saturday of May, the commissioner shall allow the operation of nonregistered off-road vehicles at the Iron Range Off-Highway Vehicle Recreation Area.

 

Sec. 29. Minnesota Statutes 2004, section 84.798, is amended by adding a subdivision to read:

 

Subd. 10. [REFUNDS.] The commissioner may issue a refund on a registration, not including any issuing fees paid under subdivision 3, paragraph (b), or section 84.027, subdivision 15, paragraph (a), clause (3), if the refund request is received within 12 months of the original registration and the vehicle was registered incorrectly by the commissioner or the deputy registrar.

 

Sec. 30. [84.8015] [EDUCATION AND TRAINING.]

 

Subdivision 1. [PROGRAM ESTABLISHED WHEN REQUIRED.] (a) The commissioner shall establish a comprehensive off-road vehicle environment and safety education and training program, including the preparation and dissemination of vehicle information and safety advice to the public, the training of off-road vehicle operators, and the issuance of off-road vehicle safety certificates to operators 16 to 18 years of age who successfully complete the off-road vehicle environment and safety education and training courses.


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(b) Beginning July 1, 2006, an individual who is convicted of violating a law related to the operation of an off-road vehicle must successfully complete the environment and safety education and training program established under paragraph (a) before continuing operation of an off-road vehicle.

 

Subd. 2. [FEES.] For the purposes of administering the program and to defray a portion of the expenses of training and certifying vehicle operators, the commissioner shall collect a fee not to exceed $15 from each person who receives the training. The commissioner shall collect a fee for issuing a duplicate off-road vehicle safety certificate. The commissioner shall establish the fee for a duplicate off-road vehicle safety certificate that neither significantly overrecovers nor underrecovers costs, including overhead costs, involved in providing the service. The fees must be deposited in the state treasury and credited to the off-road vehicle account.

 

Subd. 3. [COOPERATION AND CONSULTATION.] The commissioner shall cooperate with private organizations and associations, private and public corporations, and local governmental units in furtherance of the program established under this section. The commissioner shall consult with the commissioner of public safety in regard to training program subject matter and performance testing that leads to the certification of off-road vehicle operators.

 

Subd. 4. [RECIPROCITY WITH OTHER STATES.] The commissioner may enter into reciprocity agreements or otherwise certify off-road vehicle environment and safety education and training courses from other states that are substantially similar to in-state courses. Proof of completion of a course subject to a reciprocity agreement or certified as substantially similar is adequate to meet the safety certificate requirements of this section.

 

Sec. 31. Minnesota Statutes 2004, section 84.804, subdivision 3, is amended to read:

 

Subd. 3. [OPERATION GENERALLY.] A person may not drive or operate a vehicle off-road:

 

(1) at a rate of speed greater than is reasonable under the surrounding circumstances;

 

(2) in a careless, reckless, or negligent manner which may endanger or cause injury or damage to the person or property of another;

 

(3) without a functioning stoplight if so equipped;

 

(4) in a tree nursery or planting in a manner that damages or destroys growing stock;

 

(5) without a brake operational by either hand or foot; or

 

(6) in a manner that violates rules adopted by the commissioner; or

 

(7) on unfrozen public water, if the vehicle is equipped with a snorkel device that has a raised air intake six inches or more above the vehicle manufacturer's original air intake.

 

Sec. 32. Minnesota Statutes 2004, section 84.82, subdivision 2, is amended to read:

 

Subd. 2. [APPLICATION, ISSUANCE, REPORTS, ADDITIONAL FEE.] (a) Application for registration or reregistration shall be made to the commissioner or an authorized deputy registrar of motor vehicles in a format prescribed by the commissioner and shall state the legal name and address of every owner of the snowmobile.

 

(b) A person who purchases a snowmobile from a retail dealer shall make application for registration to the dealer at the point of sale. The dealer shall issue a dealer temporary ten-day registration permit to each purchaser who applies to the dealer for registration. The temporary registration is valid for 60 days from the date of issue. Each retail dealer shall submit completed registration and fees to the deputy registrar at least once a week. No fee may be charged by a dealer to a purchaser for providing the temporary permit.


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(c) Upon receipt of the application and the appropriate fee as hereinafter provided, such snowmobile shall be registered and a the commissioner or deputy registrar shall issue to the applicant, or provide to the dealer, an assigned registration number assigned which shall or a commissioner or deputy registrar temporary ten-day permit. Once issued, the registration number must be affixed to the snowmobile in a clearly visible and permanent manner for enforcement purposes as the commissioner of natural resources shall prescribe. A dealer subject to paragraph (b) shall provide the registration materials or temporary permit to the purchaser within the temporary ten-day permit period. The registration is not valid unless signed by at least one owner.

 

(c) (d) Each deputy registrar of motor vehicles acting pursuant to section 168.33, shall also be a deputy registrar of snowmobiles. The commissioner of natural resources in agreement with the commissioner of public safety may prescribe the accounting and procedural requirements necessary to assure efficient handling of registrations and registration fees. Deputy registrars shall strictly comply with these accounting and procedural requirements.

 

(d) (e) A fee of $2 in addition to that otherwise prescribed by law shall be charged for:

 

(1) each snowmobile registered by the registrar or a deputy registrar and the additional fee shall be disposed of in the manner provided in section 168.33, subdivision 2; or

 

(2) each snowmobile registered by the commissioner and the additional fee shall be deposited in the state treasury and credited to the snowmobile trails and enforcement account in the natural resources fund.

 

Sec. 33. Minnesota Statutes 2004, section 84.82, is amended by adding a subdivision to read:

 

Subd. 11. [REFUNDS.] The commissioner may issue a refund on a registration, not including any issuing fees paid under subdivision 2, paragraph (e), or section 84.027, subdivision 15, paragraph (a), clause (3), if the refund request is received within 12 months of the original registration and:

 

(1) the snowmobile was registered incorrectly by the commissioner or the deputy registrar; or

 

(2) the snowmobile was registered twice, once by the dealer and once by the customer.

 

Sec. 34. Minnesota Statutes 2004, section 84.8205, subdivision 1, is amended to read:

 

Subdivision 1. [STICKER REQUIRED; FEE.] A person may not operate a snowmobile that is not registered in this state on a state or grant-in-aid snowmobile trail unless a snowmobile state trail sticker is affixed to the snowmobile. The commissioner of natural resources shall issue a sticker upon application and payment of a $15 fee. The sticker is valid from November 1 through April 30. Fees collected under this section, except for the issuing fee for licensing agents under this section and for the electronic licensing system commission established by the commissioner under section 84.027, subdivision 15, shall be deposited in the state treasury and credited to the snowmobile trails and enforcement account in the natural resources fund and must be used for grants-in-aid and easement acquisition.

 

Sec. 35. Minnesota Statutes 2004, section 84.8205, subdivision 3, is amended to read:

 

Subd. 3. [LICENSE AGENTS.] County auditors are appointed agents of the commissioner for the sale of snowmobile state trail stickers. The commissioner may appoint other state agencies as agents for the sale of the to issue and sell state trail stickers. A county auditor may appoint subagents within the county or within adjacent counties to sell stickers. Upon appointment of a subagent, the auditor shall notify the commissioner of the name and address of the subagent. The auditor may revoke the appointment of a subagent, and The commissioner may revoke the appointment of a state agency an agent at any time. The commissioner may require an auditor to revoke a subagent's appointment. The auditor shall furnish stickers on consignment to any subagent who furnishes a surety


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bond in favor of the county in an amount at least equal to the value of the stickers to be consigned to that subagent. A surety bond is not required for a state agency appointed by the commissioner. The county auditor shall be responsible for all stickers issued to and user fees received by agents except in a county where the county auditor does not retain fees paid for license purposes. In these counties, the responsibilities imposed by this section upon the county auditor are imposed upon the county. The commissioner may promulgate adopt additional rules governing the accounting and procedures for handling state trail stickers as provided in section 97A.485, subdivision 11.

 

Any resident desiring to sell snowmobile state trail stickers may either purchase for cash or obtain on consignment stickers from a county auditor in groups of not less than ten individual stickers. In selling stickers, the resident shall be deemed a subagent of the county auditor and the commissioner, and An agent shall observe all rules promulgated adopted by the commissioner for accounting and handling of licenses and stickers pursuant to section 97A.485, subdivision 11.

 

The county auditor An agent shall promptly deposit and remit all money received from the sale of the stickers with the county treasurer and shall promptly transmit any reports required by the commissioner, plus 96 percent of the price paid by each stickerholder, exclusive of the issuing fee, for each sticker sold or consigned by the auditor and subsequently sold to a stickerholder during the accounting period. The county auditor shall retain as a commission four percent of all sticker fees, excluding the issuing fee for stickers consigned to subagents and the issuing fee on stickers sold by the auditor to stickerholders to the commissioner.

 

Unsold stickers in the hands of any subagent shall be redeemed by the commissioner if presented for redemption within the time prescribed by the commissioner. Any stickers not presented for redemption within the period prescribed shall be conclusively presumed to have been sold, and the subagent possessing the same or to whom they are charged shall be accountable.

 

[EFFECTIVE DATE.] This section is effective July 6, 2005.

 

Sec. 36. Minnesota Statutes 2004, section 84.8205, subdivision 4, is amended to read:

 

Subd. 4. [DISTRIBUTION ISSUANCE OF STICKERS.] The commissioner and agents shall provide issue and sell snowmobile state trail stickers to all agents authorized to issue stickers by the commissioner.

 

[EFFECTIVE DATE.] This section is effective July 6, 2005.

 

Sec. 37. Minnesota Statutes 2004, section 84.8205, subdivision 6, is amended to read:

 

Subd. 6. [DUPLICATE STATE TRAIL STICKERS.] The commissioner and agents shall issue a duplicate sticker to persons whose sticker is lost or destroyed using the process established under section 97A.405, subdivision 3, and rules promulgated thereunder. The fee for a duplicate state trail sticker is $2, with an issuing fee of 50 cents.

 

[EFFECTIVE DATE.] This section is effective July 6, 2005.

 

Sec. 38. Minnesota Statutes 2004, section 84.83, subdivision 3, is amended to read:

 

Subd. 3. [PURPOSES FOR THE ACCOUNT.] The money deposited in the account and interest earned on that money may be expended only as appropriated by law for the following purposes:

 

(1) for a grant-in-aid program to counties and municipalities for construction and maintenance of snowmobile trails, including maintenance of trails on lands and waters of Voyageurs National Park, on Lake of the Woods, on Rainy Lake, and on the following lakes in St. Louis County: Burntside, Crane, Echo, Little Long, Mud, Pelican, Shagawa, and Vermilion;


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(2) for acquisition, development, and maintenance of state recreational snowmobile trails;

 

(3) for snowmobile safety programs; and

 

(4) for the administration and enforcement of sections 84.81 to 84.91 and appropriated grants to local law enforcement agencies.

 

[EFFECTIVE DATE.] This section is effective July 1, 2005.

 

Sec. 39. Minnesota Statutes 2004, section 84.83, is amended by adding a subdivision to read:

 

Subd. 6. [EASEMENT ACQUISITION; APPROPRIATION.] (a) The position of trails acquisition coordinator is created in the classified service under the commissioner of natural resources. The coordinator is responsible for acquiring easements for permanent recreational snowmobile trails.

 

(b) $500,000 is annually appropriated from the snowmobile trails and enforcement account to the commissioner to acquire easements, and the administrative costs for acquiring easements, for permanent recreational snowmobile trails.

 

Sec. 40. Minnesota Statutes 2004, section 84.86, subdivision 1, is amended to read:

 

Subdivision 1. [REQUIRED RULES.] With a view of achieving maximum use of snowmobiles consistent with protection of the environment the commissioner of natural resources shall adopt rules in the manner provided by chapter 14, for the following purposes:

 

(1) Registration of snowmobiles and display of registration numbers.

 

(2) Use of snowmobiles insofar as game and fish resources are affected.

 

(3) Use of snowmobiles on public lands and waters, or on grant-in-aid trails.

 

(4) Uniform signs to be used by the state, counties, and cities, which are necessary or desirable to control, direct, or regulate the operation and use of snowmobiles.

 

(5) Specifications relating to snowmobile mufflers.

 

(6) A comprehensive snowmobile information and safety education and training program, including but not limited to the preparation and dissemination of snowmobile information and safety advice to the public, the training of snowmobile operators, and the issuance of snowmobile safety certificates to snowmobile operators who successfully complete the snowmobile safety education and training course. For the purpose of administering such program and to defray expenses of training and certifying snowmobile operators, the commissioner shall collect a fee from each person who receives the youth or adult training. The commissioner shall collect a fee, to include a $1 issuing fee for licensing agents, for issuing a duplicate snowmobile safety certificate. The commissioner shall establish both fees in a manner that neither significantly overrecovers nor underrecovers costs, including overhead costs, involved in providing the services. The fees are not subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply. The fees may be established by the commissioner notwithstanding section 16A.1283. The fees must, except for the issuing fee for licensing agents under this subdivision, shall be deposited in the snowmobile trails and enforcement account in the natural resources fund and the amount thereof, except for the electronic licensing system commission established by the commissioner under section 84.027, subdivision 15, and issuing fees collected by the commissioner, is appropriated annually to the Enforcement Division of the Department


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of Natural Resources for the administration of such programs. In addition to the fee established by the commissioner, instructors may charge each person up to the established fee amount for class materials and expenses. The commissioner shall cooperate with private organizations and associations, private and public corporations, and local governmental units in furtherance of the program established under this clause. School districts may cooperate with the commissioner and volunteer instructors to provide space for the classroom portion of the training. The commissioner shall consult with the commissioner of public safety in regard to training program subject matter and performance testing that leads to the certification of snowmobile operators.

 

(7) The operator of any snowmobile involved in an accident resulting in injury requiring medical attention or hospitalization to or death of any person or total damage to an extent of $500 or more, shall forward a written report of the accident to the commissioner on such form as the commissioner shall prescribe. If the operator is killed or is unable to file a report due to incapacitation, any peace officer investigating the accident shall file the accident report within ten business days.

 

[EFFECTIVE DATE.] This section is effective July 6, 2005.

 

Sec. 41. Minnesota Statutes 2004, section 84.91, subdivision 1, is amended to read:

 

Subdivision 1. [ACTS PROHIBITED.] (a) No owner or other person having charge or control of any snowmobile or all-terrain vehicle shall authorize or permit any individual the person knows or has reason to believe is under the influence of alcohol or a controlled substance or other substance to operate the snowmobile or all-terrain vehicle anywhere in this state or on the ice of any boundary water of this state.

 

(b) No owner or other person having charge or control of any snowmobile or all-terrain vehicle shall knowingly authorize or permit any person, who by reason of any physical or mental disability is incapable of operating the vehicle, to operate the snowmobile or all-terrain vehicle anywhere in this state or on the ice of any boundary water of this state.

 

(c) A person who operates or is in physical control of a snowmobile or all-terrain vehicle anywhere in this state or on the ice of any boundary water of this state is subject to chapter 169A. In addition to the applicable sanctions under chapter 169A, a person who is convicted of violating section 169A.20 or an ordinance in conformity with it while operating a snowmobile or all-terrain vehicle, or who refuses to comply with a lawful request to submit to testing under sections 169A.50 to 169A.53 or an ordinance in conformity with it, shall be prohibited from operating the snowmobile or all-terrain vehicle for a period of one year. The commissioner shall notify the person of the time period during which the person is prohibited from operating a snowmobile or all-terrain vehicle.

 

(d) Administrative and judicial review of the operating privileges prohibition is governed by section 97B.066, subdivisions 7 to 9, if the person does not have a prior impaired driving conviction or prior license revocation, as defined in section 169A.03. Otherwise, administrative and judicial review of the prohibition is governed by section 169A.53.

 

(e) The court shall promptly forward to the commissioner and the Department of Public Safety copies of all convictions and criminal and civil sanctions imposed under this section and chapter chapters 169 and 169A relating to snowmobiles and all-terrain vehicles.

 

(f) A person who violates paragraph (a) or (b), or an ordinance in conformity with either of them, is guilty of a misdemeanor. A person who operates a snowmobile or all-terrain vehicle during the time period the person is prohibited from operating a vehicle under paragraph (c) is guilty of a misdemeanor.


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Sec. 42. Minnesota Statutes 2004, section 84.922, subdivision 2, is amended to read:

 

Subd. 2. [APPLICATION, ISSUANCE, REPORTS.] (a) Application for registration or continued registration shall be made to the commissioner of natural resources, the commissioner of public safety or an authorized deputy registrar of motor vehicles in a form prescribed by the commissioner. The form must state the name and address of every owner of the vehicle.

 

(b) A person who purchases an all-terrain vehicle from a retail dealer shall make application for registration to the dealer at the point of sale. The dealer shall issue a dealer temporary ten-day registration permit to each purchaser who applies to the dealer for registration. The dealer shall submit the completed registration application and fees to the deputy registrar at least once each week. No fee may be charged by a dealer to a purchaser for providing the temporary permit.

 

(c) Upon receipt of the application and the appropriate fee, the commissioner or deputy registrar shall issue to the applicant, or provide to the dealer, a 60-day temporary receipt and shall assign a an assigned registration number that or a commissioner or deputy registrar temporary ten-day permit. Once issued, the registration number must be affixed to the vehicle in a manner prescribed by the commissioner. A dealer subject to paragraph (b) shall provide the registration materials and or temporary receipt permit to the purchaser within the ten-day temporary permit period. The commissioner shall use the snowmobile registration system to register vehicles under this section.

 

(d) Each deputy registrar of motor vehicles acting under section 168.33, is also a deputy registrar of all-terrain vehicles. The commissioner of natural resources in agreement with the commissioner of public safety may prescribe the accounting and procedural requirements necessary to assure efficient handling of registrations and registration fees. Deputy registrars shall strictly comply with the accounting and procedural requirements.

 

(e) In addition to other fees prescribed by law, a filing fee of $4.50 is charged for each all-terrain vehicle registration renewal, duplicate or replacement registration card, and replacement decal and a filing fee of $7 is charged for each all-terrain vehicle registration and registration transfer issued by:

 

(1) a deputy registrar and shall be deposited in the treasury of the jurisdiction where the deputy is appointed, or retained if the deputy is not a public official; or

 

(2) the commissioner and shall be deposited to the state treasury and credited to the all-terrain vehicle account in the natural resources fund.

 

Sec. 43. Minnesota Statutes 2004, section 84.922, is amended by adding a subdivision to read:

 

Subd. 12. [REFUNDS.] The commissioner may issue a refund on a registration, not including any issuing fees paid under subdivision 2, paragraph (e), or section 84.027, subdivision 15, paragraph (a), clause (3), if the refund request is received within 12 months of the original registration and:

 

(1) the vehicle was registered incorrectly by the commissioner or the deputy registrar; or

 

(2) the vehicle was registered twice, once by the dealer and once by the customer.

 

Sec. 44. Minnesota Statutes 2004, section 84.925, subdivision 1, is amended to read:

 

Subdivision 1. [PROGRAM ESTABLISHED.] (a) The commissioner shall establish a comprehensive all-terrain vehicle environmental and safety education and training program, including the preparation and dissemination of vehicle information and safety advice to the public, the training of all-terrain vehicle operators, and the issuance of all-terrain vehicle safety certificates to vehicle operators over the age of 12 years who successfully complete the all-terrain vehicle environmental and safety education and training course.


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(b) For the purpose of administering the program and to defray a portion of the expenses of training and certifying vehicle operators, the commissioner shall collect a fee of $15 from each person who receives the training. The commissioner shall collect a fee, to include a $1 issuing fee for licensing agents, for issuing a duplicate all-terrain vehicle safety certificate. The commissioner shall establish the fee for a duplicate all-terrain vehicle safety certificate that neither significantly overrecovers nor underrecovers costs, including overhead costs, involved in providing the service. Fee proceeds, except for the issuing fee for licensing agents under this subdivision, shall be deposited in the all-terrain vehicle account in the natural resources fund. In addition to the fee established by the commissioner, instructors may charge each person the cost of class material and expenses.

 

(c) The commissioner shall cooperate with private organizations and associations, private and public corporations, and local governmental units in furtherance of the program established under this section. School districts may cooperate with the commissioner and volunteer instructors to provide space for the classroom portion of the training. The commissioner shall consult with the commissioner of public safety in regard to training program subject matter and performance testing that leads to the certification of vehicle operators. By June 30, 2003, the commissioner shall incorporate a riding component in the safety education and training program.

 

[EFFECTIVE DATE.] This section, except for the the last sentence in paragraph (b), is effective July 6, 2005.

 

Sec. 45. Minnesota Statutes 2004, section 84.925, is amended by adding a subdivision to read:

 

Subd. 5. [TRAINING REQUIREMENTS.] (a) An individual who was born after July 1, 1987, and who is 16 years of age or older, must successfully complete the independent study course component of all-terrain vehicle safety training.

 

(b) An individual who is convicted of violating a law related to the operation of an all-terrain vehicle must successfully complete the independent study course component of all-terrain vehicle safety training before continuing operation of an all-terrain vehicle.

 

(c) An individual who is convicted for a second or subsequent excess speed, trespass, or wetland violation in an all-terrain vehicle season, or any conviction for careless or reckless operation of an all-terrain vehicle, must successfully complete the independent study and the testing and operating course components of all-terrain vehicle safety training before continuing operation of an all-terrain vehicle.

 

(d) An individual who receives three or more citations and convictions for violating a law related to the operation of an all-terrain vehicle in a two-year period must successfully complete the independent study and the testing and operating course components of all-terrain vehicle safety training before continuing operation of an all-terrain vehicle.

 

(e) An individual must present evidence of compliance with this subdivision before an all-terrain vehicle registration is issued or renewed.

 

[EFFECTIVE DATE.] This section is effective January 1, 2006.

 

Sec. 46. Minnesota Statutes 2004, section 84.9256, subdivision 1, is amended to read:

 

Subdivision 1. [PROHIBITIONS ON YOUTHFUL OPERATORS.] (a) Except for operation on public road rights-of-way that is permitted under section 84.928, a driver's license issued by the state or another state is required to operate an all-terrain vehicle along or on a public road right-of-way.

 

(b) A person under 12 years of age shall not:


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(1) make a direct crossing of a public road right-of-way;

 

(2) operate an all-terrain vehicle on a public road right-of-way in the state; or

 

(3) operate an all-terrain vehicle on public lands or waters, except as provided in paragraph (e).

 

(c) Except for public road rights-of-way of interstate highways, a person 12 years of age but less than 16 years may make a direct crossing of a public road right-of-way of a trunk, county state-aid, or county highway or operate on public lands and waters, only if that person possesses a valid all-terrain vehicle safety certificate issued by the commissioner and is accompanied on another all-terrain vehicle by a person 18 years of age or older who holds a valid driver's license.

 

(d) To be issued an all-terrain vehicle safety certificates issued by the commissioner to persons certificate, a person at least 12 years old, but less than 16 years old, are not valid for machines in excess of 90cc engine capacity unless must:

 

(1) the person successfully completed complete the safety education and training program under section 84.925, subdivision 1, including a riding component; and

 

(2) the riding component of the training was conducted using an all-terrain vehicle with over 90cc engine capacity; and

 

(3) the person is be able to properly reach and control the handle bars and reach the foot pegs while sitting upright on the seat of the all-terrain vehicle.

 

(e) A person at least ten years of age but under 12 years of age may operate an all-terrain vehicle with an engine capacity up to 90cc on public lands or waters if accompanied by a parent or legal guardian.

 

Sec. 47. Minnesota Statutes 2004, section 84.9257, is amended to read:

 

84.9257 [PASSENGERS.]

 

(a) A parent or guardian may operate an all-terrain vehicle carrying one passenger who is under 16 years of age and who wears a safety helmet approved by the commissioner of public safety.

 

(b) For the purpose of this section, "guardian" means a legal guardian of a person under age 16, or a person 18 or older who has been authorized by the parent or legal guardian to supervise the person under age 16.

 

(c) A person 18 years of age or older may operate an all-terrain vehicle carrying one passenger who is 16 or 17 years of age and wears a safety helmet approved by the commissioner of public safety.

 

(d) A person 18 years of age or older may operate an all-terrain vehicle carrying one passenger who is 18 years of age or older.

 

Sec. 48. Minnesota Statutes 2004, section 84.926, is amended to read:

 

84.926 [VEHICLE USE ALLOWED ON PUBLIC LANDS BY THE COMMISSIONER; EXCEPTIONS.]

 

Subdivision 1. [EXCEPTION BY PERMIT.] Notwithstanding section sections 84.773, subdivision 1, and 84.777, on a case by case basis, the commissioner may issue a permit authorizing a person to operate an off-highway vehicle on individual public trails under the commissioner's jurisdiction during specified times and for specified purposes.


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Subd. 2. [ALL-TERRAIN VEHICLES; MANAGED OR LIMITED FORESTS; OFF TRAIL.] Notwithstanding section 84.777, but subject to the commissioner's authority under subdivision 5, on state forest lands classified as managed or limited, other than the Richard J. Dorer Memorial Hardwood Forest, a person may use an all-terrain vehicle off forest trails or forest roads when:

 

(1) hunting big game or transporting or installing hunting stands during October, November, and December, when in possession of a valid big game hunting license;

 

(2) retrieving big game in September, when in possession of a valid big game hunting license;

 

(3) tending traps during an open trapping season for protected furbearers, when in possession of a valid trapping license; or

 

(4) trapping minnows, when in possession of a valid minnow dealer, private fish hatchery, or aquatic farm license.

 

Subd. 3. [ALL-TERRAIN VEHICLES; CLOSED FORESTS; HUNTING.] Notwithstanding section 84.777, the commissioner may determine whether all-terrain vehicles are allowed on specific forest roads, on state forest lands classified as closed, for the purpose of hunting big game during an open big game season. The determination shall be by written order as published in the State Register and is exempt from chapter 14. Section 14.386 does not apply.

 

Subd. 4. [OFF-ROAD AND ALL-TERRAIN VEHICLES; LIMITED OR MANAGED FORESTS; TRAILS.] Notwithstanding section 84.777, but subject to the commissioner's authority under subdivision 5, on state forest lands classified as limited or managed, other than the Richard J. Dorer Memorial Hardwood Forest, a person may use vehicles registered under chapter 168 or section 84.798 or 84.922 on forest trails that are not designated for a specific use when:

 

(1) hunting big game or transporting or installing hunting stands during October, November, and December, when in possession of a valid big game hunting license;

 

(2) retrieving big game in September, when in possession of a valid big game hunting license;

 

(3) tending traps during an open trapping season for protected furbearers, when in possession of a valid trapping license; or

 

(4) trapping minnows, when in possession of a valid minnow dealer, private fish hatchery, or aquatic farm license.

 

Subd. 5. [LIMITATIONS ON OFF-TRAIL AND UNDESIGNATED TRAIL USE.] The commissioner may designate areas on state forest lands that are not subject to the exceptions provided in subdivisions 2 and 4. Such designations are not subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply. Before designating such areas, the commissioner shall hold a public meeting in the county where the largest portion of the forest lands are located to provide information to and receive comment from the public regarding the proposed designation. Sixty days before the public meeting, notice of the proposed designation shall be published in the legal newspapers that serve the counties in which the lands are located, in a statewide Department of Natural Resources news release, and in the State Register.


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Sec. 49. Minnesota Statutes 2004, section 84.928, subdivision 2, is amended to read:

 

Subd. 2. [OPERATION GENERALLY.] A person may not drive or operate an all-terrain vehicle:

 

(1) at a rate of speed greater than reasonable or proper under the surrounding circumstances;

 

(2) in a careless, reckless, or negligent manner so as to endanger or to cause injury or damage to the person or property of another;

 

(3) without headlight and taillight lighted at all times if the vehicle is equipped with headlight and taillight;

 

(4) without a functioning stoplight if so equipped;

 

(5) in a tree nursery or planting in a manner that damages or destroys growing stock;

 

(6) without a brake operational by either hand or foot;

 

(7) with more persons than one person on the vehicle than it was designed for, except as allowed under section 84.9257;

 

(8) at a speed exceeding ten miles per hour on the frozen surface of public waters within 100 feet of a person not on an all-terrain vehicle or within 100 feet of a fishing shelter; or

 

(9) with a snorkel device that has a raised air intake six inches or more above the vehicle manufacturer's original air intake, except within the Iron Range Off-Highway Vehicle Recreation Area as described in section 85.013, subdivision 12a, or other public off-highway vehicle recreation areas; or

 

(9) (10) in a manner that violates operation rules adopted by the commissioner.

 

Sec. 50. Minnesota Statutes 2004, section 84D.03, subdivision 4, is amended to read:

 

Subd. 4. [COMMERCIAL FISHING AND TURTLE, FROG, AND CRAYFISH HARVESTING RESTRICTIONS IN INFESTED AND NONINFESTED WATERS.] (a) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in an infested waters, water that is designated because the waters contain it contains invasive fish or invertebrates, may not be used in noninfested any other waters. If a commercial licensee operates in both noninfested waters and an infested waters water designated because the waters contain it contains invasive fish or invertebrates and other waters, all nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in noninfested waters not designated as infested with invasive fish or invertebrates must be tagged with tags provided by the commissioner, as specified in the commercial licensee's license or permit, and may not be used in infested waters designated because the waters contain invasive fish or invertebrates.

 

(b) In infested waters designated solely because the waters contain Eurasian water milfoil, All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in an infested water that is designated solely because it contains Eurasian water milfoil must be dried for a minimum of ten days or frozen for a minimum of two days before they are used in noninfested any other waters, except as provided in this paragraph. Commercial operators licensees must notify the department's regional or area fisheries office or a conservation officer when before removing nets or equipment from an infested waters water designated solely because it contains Eurasian water milfoil and before resetting those nets or equipment in noninfested any other waters. All aquatic macrophytes Upon such notification, the commissioner may authorize a commercial licensee to move nets or equipment to another water without freezing or drying, if that water is designated as infested solely because it contains Eurasian water milfoil.


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(c) A commercial licensee must be removed remove all aquatic macrophytes from nets and other equipment when the nets and equipment are removed from infested waters of the state.

 

(d) The commissioner shall provide a commercial licensee with a current listing of designated infested waters at the time that a license or permit is issued.

 

Sec. 51. Minnesota Statutes 2004, section 85.053, subdivision 1, is amended to read:

 

Subdivision 1. [FORM, ISSUANCE, VALIDITY.] (a) The commissioner shall prepare and provide state park permits for each calendar year that state a motor vehicle may enter and use state parks, state recreation areas, and state waysides over 50 acres in area. State park permits must be available and placed on sale by January 1 of the calendar year that the permit is valid. A separate motorcycle permit may be prepared and provided by the commissioner.

 

(b) An annual state park permit must be affixed when purchased and may be used from the time it is affixed purchased for a 12-month period. State park permits in each category must be numbered consecutively for each year of issue.

 

(c) State park permits shall be issued by employees of the Division of Parks and Recreation as designated by the commissioner. State park permits also may be consigned to and issued by agents designated by the commissioner who are not employees of the Division of Parks and Recreation. All proceeds from the sale of permits and all unsold permits consigned to agents shall be returned to the commissioner at such times as the commissioner may direct, but no later than the end of the calendar year for which the permits are effective. No part of the permit fee may be retained by an agent. An additional charge or fee in an amount to be determined by the commissioner, but not to exceed four percent of the price of the permit, may be collected and retained by an agent for handling or selling the permits.

 

Sec. 52. Minnesota Statutes 2004, section 85.053, subdivision 2, is amended to read:

 

Subd. 2. [REQUIREMENT.] Except as provided in section 85.054, a motor vehicle may not enter a state park, state recreation area, or state wayside over 50 acres in area, without a state park permit issued under this section. Except for vehicles permitted under subdivision 7, paragraph (a), clause (2), the state park permit must be affixed to the lower right corner windshield of the motor vehicle and must be completely affixed by its own adhesive to the windshield, or the commissioner may, by written order, provide an alternative means to display and validate annual permits.

 

Sec. 53. Minnesota Statutes 2004, section 85.055, is amended by adding a subdivision to read:

 

Subd. 1b. [DISCOUNTS.] Except as otherwise specified in law, and notwithstanding section 16A.1285, subdivision 2, the commissioner may by written order authorize waiver or reduction of state park entrance fees.

 

Sec. 54. Minnesota Statutes 2004, section 85.055, subdivision 2, is amended to read:

 

Subd. 2. [FEE DEPOSIT AND APPROPRIATION.] The fees collected under this section shall be deposited in the natural resources fund and credited to a the state parks account. Money in the account, except for the electronic licensing system commission established by the commissioner under section 84.027, subdivision 15, is available for appropriation to the commissioner to operate and maintain the state park system.

 

[EFFECTIVE DATE.] This section is effective July 6, 2005.


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Sec. 55. Minnesota Statutes 2004, section 85.42, is amended to read:

 

85.42 [USER FEE; VALIDITY.]

 

(a) The fee for an annual cross-country ski pass is $9 $14 for an individual age 16 and over. The fee for a three-year pass is $24 $39 for an individual age 16 and over. This fee shall be collected at the time the pass is purchased. Three-year passes are valid for three years beginning the previous July 1. Annual passes are valid for one year beginning the previous July 1.

 

(b) The cost for a daily cross-country skier pass is $2 $4 for an individual age 16 and over. This fee shall be collected at the time the pass is purchased. The daily pass is valid only for the date designated on the pass form.

 

(c) A pass must be signed by the skier across the front of the pass to be valid and becomes nontransferable on signing.

 

Sec. 56. Minnesota Statutes 2004, section 85.43, is amended to read:

 

85.43 [DISPOSITION OF RECEIPTS; PURPOSE.]

 

(a) Fees from cross-country ski passes shall be deposited in the state treasury and credited to a cross-country ski account in the natural resources fund and, except as provided in paragraph (b) for the electronic licensing system commission established by the commissioner under section 84.027, subdivision 15, are appropriated to the commissioner of natural resources for:

 

(1) grants-in-aid for cross-country ski trails sponsored by local units of government and special park districts as provided in section 85.44; and

 

(2) maintenance, winter grooming, and associated administrative costs for cross-country ski trails under the jurisdiction of the commissioner.

 

(b) The commissioner shall retain for the operation of the electronic licensing system a commission of 4.7 percent of all cross-country ski pass fees collected.

 

[EFFECTIVE DATE.] This section is effective July 6, 2005.

 

Sec. 57. Minnesota Statutes 2004, section 86B.415, subdivision 1, is amended to read:

 

Subdivision 1. [WATERCRAFT 19 FEET OR LESS.] The fee for a watercraft license for watercraft 19 feet or less in length is $18 $27 except:

 

(1) for watercraft, other than personal watercraft, 19 feet in length or less that is offered for rent or lease, the fee is $6 $12;

 

(2) for a canoe, kayak, sailboat, sailboard, paddle boat, or rowing shell 19 feet in length or less, the fee is $7 $14;

 

(3) for a watercraft 19 feet in length or less used by a nonprofit corporation for teaching boat and water safety, the fee is as provided in subdivision 4;

 

(4) for a watercraft owned by a dealer under a dealer's license, the fee is as provided in subdivision 5;

 

(5) for a personal watercraft, the fee is $25 $37.50; and


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(6) for a watercraft less than 17 feet in length, other than a watercraft listed in clauses (1) to (5), the fee is $12 $24.

 

Sec. 58. Minnesota Statutes 2004, section 86B.415, subdivision 2, is amended to read:

 

Subd. 2. [WATERCRAFT OVER 19 FEET.] Except as provided in subdivisions 3, 4, and 5, the watercraft license fee:

 

(1) for a watercraft more than 19 feet but less than 26 feet in length is $30 $45;

 

(2) for a watercraft 26 feet but less than 40 feet in length is $45 $67.50; and

 

(3) for a watercraft 40 feet in length or longer is $60 $90.

 

Sec. 59. Minnesota Statutes 2004, section 86B.415, subdivision 3, is amended to read:

 

Subd. 3. [WATERCRAFT OVER 19 FEET FOR HIRE.] The license fee for a watercraft more than 19 feet in length for hire with an operator is $50 $100 each.

 

Sec. 60. Minnesota Statutes 2004, section 86B.415, subdivision 4, is amended to read:

 

Subd. 4. [WATERCRAFT USED BY NONPROFIT CORPORATION FOR TEACHING.] The watercraft license fee for a watercraft used by a nonprofit organization for teaching boat and water safety is $3 $6 each.

 

Sec. 61. Minnesota Statutes 2004, section 86B.415, subdivision 5, is amended to read:

 

Subd. 5. [DEALER'S LICENSE.] There is no separate fee for watercraft owned by a dealer under a dealer's license. The fee for a dealer's license is $45 $67.50.

 

Sec. 62. Minnesota Statutes 2004, section 86B.415, subdivision 6, is amended to read:

 

Subd. 6. [TRANSFER OR DUPLICATE LICENSE.] The fee to transfer a watercraft license or be issued a duplicate license is $3 $6.

 

Sec. 63. Minnesota Statutes 2004, section 86B.415, is amended by adding a subdivision to read:

 

Subd. 11. [REFUNDS.] The commissioner may issue a refund on a license or title, not including any issuing fees paid under subdivision 8 or section 84.027, subdivision 15, paragraph (a), clause (3), or 86B.870, subdivision 1, paragraph (b), if the refund request is received within 12 months of the original license or title and:

 

(1) the watercraft was licensed or titled incorrectly by the commissioner or the deputy registrar;

 

(2) the customer was incorrectly charged a title fee; or

 

(3) the watercraft was licensed or titled twice, once by the dealer and once by the customer.

 

Sec. 64. [86B.706] [WATER RECREATION ACCOUNT; RECEIPTS AND PURPOSE.]

 

Subdivision 1. [CREATION.] The water recreation account is created in the state treasury in the natural resources fund.


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Subd. 2. [MONEY DEPOSITED IN ACCOUNT.] The following shall be deposited in the state treasury and credited to the water recreation account:

 

(1) fees and surcharges from titling and licensing of watercraft under this chapter;

 

(2) fines, installment payments, and forfeited bail according to section 86B.705, subdivision 2;

 

(3) civil penalties according to section 84D.13;

 

(4) mooring fees and receipts from the sale of marine gas at state-operated or state-assisted small craft harbors and mooring facilities according to section 86A.21;

 

(5) the unrefunded gasoline tax attributable to watercraft use under section 296A.18; and

 

(6) fees for permits issued to control or harvest aquatic plants other than wild rice under section 103G.615, subdivision 2.

 

Subd. 3. [PURPOSES.] The money in the account may be expended only as appropriated by law for the following purposes:

 

(1) as directed under section 296A.18, subdivision 2, for acquisition, development, maintenance, and rehabilitation of public water access and boating facilities on public waters; lake and river improvements; and boat and water safety;

 

(2) from the fees collected at state-operated or state-assisted small craft harbors and mooring facilities from daily and seasonal moorings and the sale of marine gas, for maintenance, operation, replacement, and expansion of these facilities and for the debt service on state bonds sold to finance these facilities;

 

(3) for administration and enforcement of this chapter as it pertains to titling and licensing of watercraft and use and safe operation of watercraft; grants for county-sponsored and administered boat and water safety programs; and state boat and water safety efforts;

 

(4) for management of aquatic invasive species and the implementation of chapter 84D as it pertains to aquatic invasive species, including control, public awareness, law enforcement, assessment and monitoring, management planning, and research; and

 

(5) for management of aquatic plants and the implementation of section 103G.615 as it pertains to aquatic plants, including plant removal permitting, control, public awareness, law enforcement, assessment and monitoring, management planning, and research.

 

Sec. 65. Minnesota Statutes 2004, section 88.17, subdivision 1, is amended to read:

 

Subdivision 1. [PERMIT REQUIRED.] (a) A permit to start a fire to burn vegetative materials and other materials allowed by Minnesota Statutes or official state rules and regulations may be given by the commissioner or the commissioner's agent. This permission shall be in the form of:

 

(1) a written permit signed issued by a forest officer, fire warden, authorized Minnesota pollution control agent, or other person authorized by the forest officer, or town fire warden, and commissioner; or

 

(2) an electronic permit issued by the commissioner, an agent authorized by the commissioner, or an Internet site authorized by the commissioner.


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(b) Burning permits shall set the time and conditions by which the fire may be started and burned. The permit shall also specifically list the materials that may be burned. The permittee must have the permit on their person and shall produce the permit for inspection when requested to do so by a forest officer, town fire warden, conservation officer, or other peace officer. The permittee shall remain with the fire at all times and before leaving the site shall completely extinguish the fire. A person shall not start or cause a fire to be started on any land that is not owned or under their legal control without the written permission of the owner, lessee, or an agent of the owner or lessee of the land. Violating or exceeding the permit conditions shall constitute a misdemeanor and shall be cause for the permit to be revoked.

 

Sec. 66. Minnesota Statutes 2004, section 88.17, is amended by adding a subdivision to read:

 

Subd. 4. [ACCOUNT CREATED.] There is created in the state treasury a burning permit account within the natural resources fund where all fees collected under this section shall be deposited.

 

Sec. 67. Minnesota Statutes 2004, section 88.17, is amended by adding a subdivision to read:

 

Subd. 5. [PERMIT FEES.] (a) The annual fees for an electronic burning permit are:

 

(1) $5 for a noncommercial burning permit; and

 

(2) for commercial enterprises that obtain multiple permits, $5 per permit for each burning site, up to a maximum of $50 per individual business enterprise per year.

 

(b) Except for the issuing fee under paragraph (c), and for the electronic licensing system commission established by the commissioner under section 84.027, subdivision 15, money received from permits issued under this section shall be deposited in the state treasury and credited to the burning permit account and is annually appropriated to the commissioner of natural resources for the costs of operating the burning permit system.

 

(c) Of the fee amount collected under paragraph (a), $1 shall be retained by the permit agent as a commission for issuing electronic permits.

 

Sec. 68. Minnesota Statutes 2004, section 88.6435, subdivision 4, is amended to read:

 

Subd. 4. [FOREST BOUGH ACCOUNT; DISPOSITION OF PERMIT FEES AND PENALTIES.] (a) The forest bough account is established in the state treasury within the natural resources fund.

 

(b) Fees for permits issued under this section shall be deposited in the state treasury and credited to the special revenue fund forest bough account and, except for the electronic licensing system commission established by the commissioner under section 84.027, subdivision 15, are annually appropriated to the commissioner of natural resources for costs associated with balsam bough educational programs for harvesters and buyers.

 

[EFFECTIVE DATE.] This section is effective July 6, 2005.

 

Sec. 69. Minnesota Statutes 2004, section 89.039, subdivision 1, is amended to read:

 

Subdivision 1. [ACCOUNT ESTABLISHED; SOURCES.] The forest management investment account is created in the natural resources fund in the state treasury and money in the account may be spent only for the purposes provided in subdivision 2. The following revenue shall be deposited in the forest management investment account:


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(1) timber sales receipts transferred from the consolidated conservation areas account as provided in section 84A.51, subdivision 2;

 

(2) timber sales receipts from forest lands as provided in section 89.035; and

 

(3) money transferred from the forest suspense account according to section 16A.125, subdivision 5; and

 

(4) interest accruing from investment of the account.

 

Sec. 70. Minnesota Statutes 2004, section 89.19, subdivision 2, is amended to read:

 

Subd. 2. [RULEMAKING EXEMPTION.] Designations of forest trails and changes to the designations by the commissioner shall be by written order published in the State Register. Designations and changes to designations are not subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply. Before designating or changing a designation of forest trails, the commissioner shall hold a public meeting in the county where the largest portion of the forest lands are located to provide information to and receive comment from the public regarding the proposed trail designation or change in designation. Sixty days before the public meeting, notice of the proposed forest trail designation or change in designation shall be published in the legal newspapers that serve the counties in which the lands are located, in a statewide Department of Natural Resources news release, and in the State Register.

 

Sec. 71. Minnesota Statutes 2004, section 89.37, is amended by adding a subdivision to read:

 

Subd. 4a. [SURCHARGE.] For tree seedlings sold according to this section, the commissioner may assess a 2.5 cent surcharge on each tree seedling. All surcharges collected under this subdivision must be deposited in the state treasury and credited to the forest nursery account and are annually appropriated to the commissioner for the purpose of forestry education and technical assistance.

 

Sec. 72. Minnesota Statutes 2004, section 92.03, subdivision 4, is amended to read:

 

Subd. 4. [INTERNAL IMPROVEMENT LANDS.] When lands donated to the state under the eighth section of an act of Congress entitled "An act to appropriate the proceeds of the sales of the public lands, and to grant preemption rights," approved September 4, 1841, must be are sold and, the money derived from its sale must be invested, as provided by the Minnesota Constitution, article XI, section 8.

 

Sec. 73. [92.685] [LAND MANAGEMENT ACCOUNT.]

 

The land management account is created in the natural resources fund. Money credited to the account is appropriated annually to the commissioner of natural resources for the Lands and Minerals Division to administer the road easement program under section 84.631.

 

Sec. 74. Minnesota Statutes 2004, section 93.22, subdivision 1, is amended to read:

 

Subdivision 1. [GENERALLY.] (a) All payments under sections 93.14 to 93.285 shall be made to the Department of Natural Resources and shall be credited according to this section.

 

(a) (b) Twenty percent of all payments under sections 93.14 to 93.285 shall be credited to the minerals management account in the natural resources fund as costs for the administration and management of state mineral resources by the commissioner of natural resources.

 

(c) The remainder of the payments shall be credited as follows:


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(1) if the lands or minerals and mineral rights covered by a lease are held by the state by virtue of an act of Congress, payments made under the lease shall be credited to the permanent fund of the class of land to which the leased premises belong.;

 

(b) (2) if a lease covers the bed of navigable waters, payments made under the lease shall be credited to the permanent school fund of the state.;

 

(c) (3) if the lands or minerals and mineral rights covered by a lease are held by the state in trust for the taxing districts, payments made under the lease shall be distributed annually on the first day of September as follows:

 

(1) 20 percent to the general fund; and

 

(2) 80 percent to the respective counties in which the lands lie, to be apportioned among the taxing districts interested therein as follows: county, three-ninths; town or city, two-ninths; and school district, four-ninths.;

 

(4) if the lands or mineral rights covered by a lease became the absolute property of the state under the provisions of chapter 84A, payments made under the lease shall be distributed as follows: county containing the land from which the income was derived, five-eighths; and general fund of the state, three-eighths; and

 

(d) (5) Except as provided under this section and except where the disposition of payments may be otherwise directed by law, all payments made under a lease shall be paid into the general fund of the state.

 

Sec. 75. [93.2236] [MINERALS MANAGEMENT ACCOUNT.]

 

(a) The minerals management account is created as an account in the natural resources fund. Interest earned on money in the account accrues to the account. Money in the account may be spent or distributed only as provided in paragraphs (b) and (c).

 

(b) If the balance in the minerals management account exceeds $3,000,000 on June 30, the amount exceeding $3,000,000 must be distributed to the permanent school fund and the permanent university fund. The amount distributed to each fund must be in the same proportion as the total mineral lease revenue received in the previous biennium from school trust lands and university lands.

 

(c) Subject to appropriation by the legislature, money in the minerals management account may be spent by the commissioner of natural resources for mineral resource management and projects to enhance future mineral income and promote new mineral resource opportunities.

 

Sec. 76. Minnesota Statutes 2004, section 94.342, subdivision 1, is amended to read:

 

Subdivision 1. [CLASS A.] All land owned by the state and controlled or administered by the commissioner or by any division or agency of the Department of Natural Resources shall be known as Class A land for the purposes of sections 94.341 to 94.347. Class A land shall include school, swamp, internal improvement, and other land granted to the state by acts of Congress, state forest land, tax-forfeited land held by the state free from any trust in favor of taxing districts, and other land acquired by the state in any manner and controlled or administered as aforesaid; but this enumeration shall not be deemed exclusive.

 

Sec. 77. Minnesota Statutes 2004, section 94.342, subdivision 3, is amended to read:

 

Subd. 3. [CLASS C ADDITIONAL RESTRICTIONS ON RIPARIAN LAND.] Land bordering on or adjacent to any meandered or other public waters and withdrawn from sale by law is Class C riparian land. Class C Riparian land may not be given in exchange unless expressly authorized by the legislature or unless through the same


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exchange the state acquires land on the same or other public waters in the same general vicinity affording at least equal opportunity for access to the waters and other riparian use by the public; provided, that any exchange with the United States or any agency thereof may be made free from this limitation upon condition that the state land given in exchange bordering on public waters shall be subject to reservations by the state for public travel along the shores as provided by section 92.45, unless waived as provided in this subdivision, and that there shall be reserved by the state such additional rights of public use upon suitable portions of such state land as the commissioner of natural resources, with the approval of the Land Exchange Board, may deem necessary or desirable for camping, hunting, fishing, access to the water, and other public uses. In regard to Class B or Class C riparian land that is contained within that portion of the Superior National Forest that is designated as the Boundary Waters Canoe Area Wilderness, the condition that state land given in exchange bordering on public waters must be subject to the public travel reservations provided in section 92.45, may be waived by the Land Exchange Board upon the recommendation of the commissioner of natural resources and, if the land is Class B land, the additional recommendation of the county board in which the land is located.

 

Sec. 78. Minnesota Statutes 2004, section 94.342, subdivision 4, is amended to read:

 

Subd. 4. [ADDITIONAL RESTRICTIONS ON STATE PARK LAND.] Land specifically designated by law as a state park may not be given in exchange unless the land is school trust land that is exchanged for Class A or Class C land located outside a state park.

 

Sec. 79. Minnesota Statutes 2004, section 94.342, subdivision 5, is amended to read:

 

Subd. 5. [ADDITIONAL RESTRICTIONS ON SCHOOL TRUST LAND.] School trust land may be exchanged with other state Class A land only if the Permanent School Fund Advisory Committee is appointed as temporary trustee of the school trust land for purposes of the exchange. The committee shall provide independent legal counsel to review the exchanges.

 

Sec. 80. Minnesota Statutes 2004, section 94.343, subdivision 1, is amended to read:

 

Subdivision 1. [GENERAL EXCHANGE PROVISIONS.] Except as otherwise herein provided, (a) Any Class A land may, with the unanimous approval of the board, be exchanged for any publicly held or privately owned land in the manner and subject to the conditions herein prescribed. Class A land may be exchanged only if it meets the requirements of subdivision 3 or 5.

 

(b) The commissioner, with the approval of the board, shall formulate general programs of exchange of Class A land designed to serve the best interests of the state in the acquisition, development, and use of lands for purposes within the province of the Department of Natural Resources.

 

Sec. 81. Minnesota Statutes 2004, section 94.343, is amended by adding a subdivision to read:

 

Subd. 2a. [VALUATION OF LAND.] The commissioner shall cause the state land and the land proposed to be exchanged therefor to be examined and value determined as provided in section 84.0272; provided, that in exchanges with the United States or any agency thereof the examination and value determination may be made in such manner as the Land Exchange Board may direct. The determined values shall not be conclusive, but shall be taken into consideration by the commissioner and the board, together with such other matters as they deem material, in determining the values for the purposes of exchange.

 

Sec. 82. Minnesota Statutes 2004, section 94.343, subdivision 3, is amended to read:

 

Subd. 3. [EXCHANGING LAND OF SUBSTANTIALLY EQUAL VALUE REQUIRED OR LOWER VALUE.] (a) Except as otherwise herein provided, Class A land shall be exchanged only for land of at least substantially equal value to the state, as determined by the commissioner, with the approval of the board. For the


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purposes of such determination, the commissioner shall cause the state land and the land proposed to be exchanged therefor to be examined and appraised by qualified state appraisers as provided in section 84.0272; provided, that in exchanges with the United States or any agency thereof the examination and appraisal may be made in such manner as the Land Exchange Board may direct. The appraisers shall determine the fair market value of the lands involved, disregarding any minimum value fixed for state land by the state Constitution or by law, and shall make a report thereof, together with such other pertinent information respecting the use and value of the lands to the state as they deem pertinent or as the commissioner or the board may require. Such reports shall be filed and preserved in the same manner as other reports of appraisal of state lands. The appraised values shall not be conclusive, but shall be taken into consideration by the commissioner and the board, together with such other matters as they deem material, in determining the values for the purposes of exchange.

 

(b) For the purposes of this subdivision, "substantially equal value" means:

 

(1) where the lands being exchanged are both over 100 acres, their values do not differ by more than ten percent; and

 

(2) in other cases, the values of the exchanged lands do not differ by more than 20 percent.

 

(c) Other than school trust land, Class A land may be exchanged for land of lesser value if the other party to the exchange pays to the state the amount of the difference in value. Money received by the commissioner in such cases shall be credited to the same fund as in the case of sale of the land, if such a fund exists, otherwise to the special fund, if any, from which the cost of the land was paid, otherwise to the general fund.

 

Sec. 83. Minnesota Statutes 2004, section 94.343, subdivision 7, is amended to read:

 

Subd. 7. [PUBLIC HEARING.] Before giving final approval to any exchange of Class A land, the board commissioner shall hold a public hearing thereon at the capital city or at some place which it may designate in the general area where the lands involved are situated; provided, that the board may direct such hearing to be held in its behalf by any of its members or by the commissioner or by a referee appointed by the board. The commissioner shall furnish to the auditor of each county affected a notice of the hearing signed by the state auditor as secretary of the board commissioner, together with a list of all the lands proposed to be exchanged and situated in the county, and the county auditor shall post the same in the auditor's office at least two weeks before the hearing. The county auditor commissioner shall also cause a copy of the notice, referring to the list of lands posted, to be published at least two weeks before the hearing in a legal newspaper published in the county. The cost of publication of the notice shall be paid by the state out of any moneys appropriated for the expenses of the board commissioner.

 

Sec. 84. Minnesota Statutes 2004, section 94.343, subdivision 8, is amended to read:

 

Subd. 8. [PROPOSALS FOR EXCHANGE.] The commissioner, with the approval of the board, may submit a proposal for exchange of Class A land to any land owner concerned. Any land owner may submit to the commissioner and the board a proposal for exchange in such form as the commissioner, with the approval of the board, may prescribe.

 

Sec. 85. Minnesota Statutes 2004, section 94.343, is amended by adding a subdivision to read:

 

Subd. 8a. [FEES.] (a) When a private landowner or governmental unit, except the state, presents to the commissioner an offer to exchange privately or publicly held land for Class A land, the private landowner or governmental unit shall pay to the commissioner a determination of value fee and survey fee of not less than one-half of the cost of the determination of value and survey fees as determined by the commissioner.


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(b) Except as provided in paragraph (c), any payment made under paragraph (a) shall be credited to the account from which the expenses are paid and is appropriated for expenditure in the same manner as other money in the account.

 

(c) The fees shall be refunded if the land exchange offer is withdrawn by a private landowner or governmental unit before the money is obligated to be spent.

 

Sec. 86. Minnesota Statutes 2004, section 94.343, subdivision 10, is amended to read:

 

Subd. 10. [CONVEYANCE.] Conveyance of Class A land given in exchange shall be made by deed executed by the commissioner in the name of the state, with a certificate of unanimous approval by the board appended. All such deeds received by the state shall be recorded or registered in the county in which the lands lie, and all recorded deeds and certificates of registered title shall be filed in the office having custody of the state public land records in the Department of Natural Resources.

 

Sec. 87. Minnesota Statutes 2004, section 94.344, subdivision 1, is amended to read:

 

Subdivision 1. [GENERAL EXCHANGE PROVISIONS.] Except as otherwise provided, Class B land, by resolution of the county board of the county where the land is located and with the unanimous approval of the Land Exchange Board, may be exchanged for any publicly held or privately owned land in the same county. Class B land may be exchanged only if it meets the requirements of subdivision 3 or 5.

 

Sec. 88. Minnesota Statutes 2004, section 94.344, is amended by adding a subdivision to read:

 

Subd. 2a. [VALUATION OF LANDS.] For an exchange involving Class B land for Class A land, the value of the lands shall be determined by the commissioner, with approval of the Land Exchange Board. For purposes of the determination, the commissioner shall determine the value of the state and tax-forfeited land proposed to be exchanged in the same manner as Class A land. For all other purposes, the county board shall appraise the state land and the land in the proposed exchange in the same manner as tax-forfeited land to be offered for sale. The determined values shall not be conclusive, but shall be taken into consideration, together with such other matters as may be deemed material, in determining the values for the purposes of exchange.

 

Sec. 89. Minnesota Statutes 2004, section 94.344, subdivision 3, is amended to read:

 

Subd. 3. [EXCHANGING LAND OF SUBSTANTIALLY EQUAL VALUE REQUIRED OR LOWER VALUE.] (a) Except as otherwise provided, Class B land may be exchanged only for land of substantially equal value or greater value to the state, as determined by the county board, with the approval of the commissioner and the Land Exchange Board. For an exchange involving Class B land for Class A or Class C land, the value of the lands shall be determined by the commissioner, with approval of the Land Exchange Board. For purposes of the determination, the commissioner shall appraise the state and tax-forfeited land proposed to be exchanged in the same manner as Class A land. For all other purposes, the county board shall appraise the state land and the land in the proposed exchange in the same manner as tax-forfeited land to be offered for sale. The appraised values shall not be conclusive, but shall be taken into consideration, together with such other matters as may be deemed material, in determining the values for the purposes of exchange.

 

(b) For the purposes of this subdivision, "substantially equal value" means:

 

(1) where the lands being exchanged are both over 100 acres, their values do not differ by more than ten percent; and

 

(2) in other cases, the values of the exchanged lands do not differ by more than 20 percent.


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(c) Class B land may be exchanged for land of lesser value if the other party to the exchange pays to the state the amount of the difference in value. Money received by the county treasurer shall be disposed of in like manner as the proceeds of a sale of tax-forfeited land.

 

Sec. 90. Minnesota Statutes 2004, section 94.344, subdivision 5, is amended to read:

 

Subd. 5. [OBTAINING EXCHANGING LAND OF GREATER VALUE.] (a) Class B land may be exchanged for land of greater value only in case if the other party to the exchange shall waive waives payment for the difference.

 

(b) Except for Class A school trust land, Class B land may be exchanged for Class A land of greater value if the county pays to the state the difference in value.

 

(c) Class B land may be exchanged for United States-owned land of greater value if the county agrees to pay the difference in value.

 

Sec. 91. Minnesota Statutes 2004, section 94.344, subdivision 8, is amended to read:

 

Subd. 8. [PROPOSALS FOR EXCHANGE.] By direction of the county board, the county auditor may submit a proposal for exchange of Class B land to any land owner concerned. Any land owner may file with the county auditor a proposal for exchange for consideration by the county board. Forms for such proposals shall be prescribed by the commissioner.

 

Sec. 92. Minnesota Statutes 2004, section 94.344, subdivision 10, is amended to read:

 

Subd. 10. [APPROVAL; CONVEYANCE.] After approval by the county board, every proposal for the exchange of Class B land shall be transmitted to the commissioner in such form and with such information as the commissioner may prescribe for consideration by the commissioner and by the board. The county attorney's opinion on the title, with the abstract and other evidence of title, if any, shall accompany the proposal. If the proposal be is approved by the commissioner and the board and the title be is approved by the attorney general, the same shall be certified to the commissioner of revenue, who shall execute a deed in the name of the state conveying the land given in exchange, with a certificate of unanimous approval by the board appended, and transmit the deed to the county auditor to be delivered upon receipt of a deed conveying to the state the land received in exchange, approved by the county attorney; provided, that if any amount is due the state under the terms of the exchange, the deed from the state shall not be executed or delivered until such amount is paid in full and a certificate thereof by the county auditor is filed with the commissioner of revenue. The county auditor shall cause all deeds received by the state in such exchanges to be recorded or registered, and thereafter shall file the deeds or the certificates of registered title in the auditor's office. If the land received by the county in the exchange is either Class A or Class C land, the commissioner of revenue shall deliver the deed for the Class B land to the commissioner of natural resources and following the recording of this deed, the commissioner of natural resources shall deliver to the county auditor a deed conveying the Class A or Class C land to the county auditor to be recorded or registered, and afterwards file the deeds or the certificate of registered title in the auditor's office.

 

Sec. 93. Minnesota Statutes 2004, section 97A.055, subdivision 4b, is amended to read:

 

Subd. 4b. [CITIZEN OVERSIGHT SUBCOMMITTEES.] (a) The commissioner shall appoint subcommittees of affected persons to review the reports prepared under subdivision 4; review the proposed work plans and budgets for the coming year; propose changes in policies, activities, and revenue enhancements or reductions; review other relevant information; and make recommendations to the legislature and the commissioner for improvements in the management and use of money in the game and fish fund.


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(b) The commissioner shall appoint the following subcommittees, each comprised of at least three affected persons:

 

(1) a Fisheries Operations Subcommittee to review fisheries funding, excluding activities related to trout and salmon stamp funding;

 

(2) a Wildlife Operations Subcommittee to review wildlife funding, excluding activities related to migratory waterfowl, pheasant, and turkey stamp funding and excluding review of the amounts available under section 97A.075, subdivision 1, paragraphs (b) and (c);

 

(3) a Big Game Subcommittee to review the report required in subdivision 4, paragraph (a), clause (2);

 

(4) an Ecological Services Operations Subcommittee to review ecological services funding;

 

(5) a subcommittee to review game and fish fund funding of enforcement, support services, and Department of Natural Resources administration;

 

(6) a subcommittee to review the trout and salmon stamp report and address funding issues related to trout and salmon;

 

(7) a subcommittee to review the report on the migratory waterfowl stamp and address funding issues related to migratory waterfowl;

 

(8) a subcommittee to review the report on the pheasant stamp and address funding issues related to pheasants; and

 

(9) a subcommittee to review the report on the turkey stamp and address funding issues related to wild turkeys.

 

(c) The chairs of each of the subcommittees shall form a Budgetary Oversight Committee to coordinate the integration of the subcommittee reports into an annual report to the legislature; recommend changes on a broad level in policies, activities, and revenue enhancements or reductions; provide a forum to address issues that transcend the subcommittees; and submit a report for any subcommittee that fails to submit its report in a timely manner.

 

(d) The Budgetary Oversight Committee shall develop recommendations for a biennial budget plan and report for expenditures on game and fish activities. By August 15 of each even-numbered year, the committee shall submit the budget plan recommendations to the commissioner and to the senate and house committees with jurisdiction over natural resources finance.

 

(e) Each subcommittee shall choose its own chair, except that the chair of the Budgetary Oversight Committee shall be appointed by the commissioner and may not be the chair of any of the subcommittees.

 

(f) The Budgetary Oversight Committee must make recommendations to the commissioner and to the senate and house committees with jurisdiction over natural resources finance for outcome goals from expenditures.

 

(g) Notwithstanding section 15.059, subdivision 5, or other law to the contrary, the Budgetary Oversight Committee and subcommittees do not expire until June 30, 2005 2010.

 

[EFFECTIVE DATE.] This section is effective the day following final enactment.


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Sec. 94. Minnesota Statutes 2004, section 97A.061, is amended by adding a subdivision to read:

 

Subd. 6. [ANNUAL APPROPRIATION FOR FISCAL YEAR 2007 AND EACH YEAR THEREAFTER.] Notwithstanding subdivision 1, paragraph (c), for the payment made in fiscal year 2007 and each year thereafter, the appraised value of the land acquired prior to July 1, 2004, shall be the value used for the payment made in fiscal year 2006.

 

Sec. 95. Minnesota Statutes 2004, section 97A.071, subdivision 2, is amended to read:

 

Subd. 2. [REVENUE FROM SMALL GAME LICENSE SURCHARGE AND LIFETIME LICENSES.] Revenue from the small game surcharge and $6.50 annually from the lifetime fish and wildlife trust fund, established in section 97A.4742, for each license issued under sections 97A.473, subdivisions 3 and 5, and 97A.474, subdivision 3, shall be credited to the wildlife acquisition account and the money in the account shall be used by is annually appropriated to the commissioner only for the purposes of this section, and acquisition and development of wildlife lands under section 97A.145 and maintenance of the lands, in accordance with appropriations made by the legislature.

 

Sec. 96. Minnesota Statutes 2004, section 97A.075, subdivision 3, is amended to read:

 

Subd. 3. [TROUT AND SALMON STAMP.] (a) Ninety percent of the revenue from trout and salmon stamps must be credited to the trout and salmon management account. Money in the account may be used only for:

 

(1) the development, restoration, maintenance, improvement, protection, and preservation of habitat for trout and salmon in trout streams and lakes, including, but not limited to, evaluating habitat; stabilizing eroding stream banks; adding fish cover; modifying stream channels; managing vegetation to protect, shade, or reduce runoff on stream banks; and purchasing equipment to accomplish these tasks;

 

(2) rearing of trout and salmon and, including utility and service costs associated with coldwater hatchery buildings and systems; stocking of trout and salmon in streams and lakes and Lake Superior; and monitoring and evaluating stocked trout and salmon;

 

(3) acquisition of easements and fee title along trout waters;

 

(4) identifying easement and fee title areas along trout waters; and

 

(5) research and special management projects on trout streams, trout lakes, and Lake Superior and the anadromous portions of its tributaries.

 

(b) Money in the account may not be used for costs unless they are directly related to a specific parcel of land or body of water under paragraph (a) or, to specific fish rearing activities under paragraph (a), clause (2), or for costs associated with supplies and equipment to implement trout and salmon management activities under paragraph (a).

 

Sec. 97. Minnesota Statutes 2004, section 97A.135, subdivision 2a, is amended to read:

 

Subd. 2a. [DISPOSAL OF LAND IN WILDLIFE MANAGEMENT AREAS.] (a) The commissioner may sell or exchange land in a wildlife management area authorized by designation under section 86A.07, subdivision 3, 97A.133, or 97A.145 if the commissioner vacates the designation before the sale or exchange in accordance with this subdivision. The designation may be vacated only if the commissioner finds, after a public hearing, that the disposal of the land is in the public interest.


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(b) A sale under this subdivision is subject to sections 94.09 to 94.16. An exchange under this subdivision is subject to sections 94.341 to 94.348 94.347.

 

(c) Revenue received from a sale authorized under paragraph (a) is appropriated to the commissioner for acquisition of replacement wildlife management lands.

 

(d) Land acquired by the commissioner under this subdivision must meet the criteria in section 86A.05, subdivision 8, and as soon as possible after the acquisition must be designated as a wildlife management area under section 86A.07, subdivision 3, 97A.133, or 97A.145.

 

(e) In acquiring land under this subdivision, the commissioner must give priority to land within the same geographic region of the state as the land conveyed.

 

Sec. 98. Minnesota Statutes 2004, section 97A.4742, subdivision 4, is amended to read:

 

Subd. 4. [ANNUAL REPORT.] By December 15 each year, the commissioner shall submit a report to the legislative committees having jurisdiction over environment and natural resources appropriations and environment and natural resources policy. The report shall state the amount of revenue received in and expenditures made from revenue transferred from the lifetime fish and wildlife trust fund to the game and fish fund and shall describe projects funded, locations of the projects, and results and benefits from the projects. The report may be included in the game and fish fund report required by section 97A.055, subdivision 4. The commissioner shall make the annual report available to the public.

 

Sec. 99. Minnesota Statutes 2004, section 97A.485, subdivision 6, is amended to read:

 

Subd. 6. [LICENSES TO BE SOLD AND ISSUING FEES.] (a) Persons authorized to sell licenses under this section must issue the following licenses for the license fee and the following issuing fees:

 

(1) to take deer or bear with firearms and by archery, the issuing fee is $1;

 

(2) Minnesota sporting, the issuing fee is $1; and

 

(3) to take small game, to take fish by angling or by spearing, and to trap fur-bearing animals, the issuing fee is $1;

 

(4) for a trout and salmon stamp that is not issued simultaneously with an angling or sporting a license, an issuing fee of 50 cents may be charged at the discretion of the authorized seller;

 

(5) for stamps other than a trout and salmon stamp, and for a special season Canada goose license issued simultaneously with a license, there is no fee; and

 

(6) for licenses, seals, tags, or coupons issued without a fee under section 97A.441 or 97A.465, there is no an issuing fee of 50 cents may be charged at the discretion of the authorized seller;

 

(7) for lifetime licenses, there is no fee; and

 

(8) for all other licenses, permits, renewals, or applications or any other transaction through the electronic licensing system under this chapter or any other chapter when an issuing fee is not specified, an issuing fee of 50 cents may be charged at the discretion of the authorized seller.


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(b) An issuing fee may not be collected for issuance of a trout and salmon stamp if a stamp validation is issued simultaneously with the related angling or sporting license. Only one issuing fee may be collected when selling more than one trout and salmon stamp in the same transaction after the end of the season for which the stamp was issued.

 

(c) The agent shall keep the issuing fee as a commission for selling the licenses.

 

(d) The commissioner shall collect the issuing fee on licenses sold by the commissioner.

 

(e) A license, except stamps, must state the amount of the issuing fee and that the issuing fee is kept by the seller as a commission for selling the licenses.

 

(f) For duplicate licenses, including licenses issued without a fee, the issuing fees are:

 

(1) for licenses to take big game, 75 cents; and

 

(2) for other licenses, 50 cents.

 

(g) The commissioner may issue one-day angling licenses in books of ten licenses each to fishing guides operating charter boats upon receipt of payment of all license fees, excluding the issuing fee required under this section. Copies of sold and unsold licenses shall be returned to the commissioner. The commissioner shall refund the charter boat captain for the license fees of all unsold licenses. Copies of sold licenses shall be maintained by the commissioner for one year.

 

Sec. 100. Minnesota Statutes 2004, section 97A.485, subdivision 7, is amended to read:

 

Subd. 7. [ELECTRONIC LICENSING SYSTEM COMMISSION.] The commissioner shall retain for the operation of the electronic licensing system a commission of 4.7 percent of the commission established under section 84.027, subdivision 15, and issuing fees collected by the commissioner on all license fees collected, excluding:

 

(1) the small game surcharge; and

 

(2) all issuing fees; and

 

(3) $2.50 of the license fee for the licenses in section 97A.475, subdivisions 6, clauses (1), (2), and (4), 7, 8, 12, and 13.

 

[EFFECTIVE DATE.] This section is effective July 6, 2005.

 

Sec. 101. Minnesota Statutes 2004, section 97A.551, is amended by adding a subdivision to read:

 

Subd. 6. [TAGGING AND REGISTRATION.] The commissioner may, by rule, require persons taking, possessing, and transporting certain species of fish to tag the fish with a special fish management tag and may require registration of tagged fish. A person may not possess or transport a fish species taken in the state for which a special fish management tag is required unless a tag is attached to the fish in a manner prescribed by the commissioner. The commissioner shall prescribe the manner of issuance and the type of tag as authorized under section 97C.087. The tag must be attached to the fish as prescribed by the commissioner immediately upon reducing the fish in possession and must remain attached to the fish until the fish is processed or consumed. Species for which a special fish management tag is required must be transported undressed.


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Sec. 102. Minnesota Statutes 2004, section 97B.015, subdivision 1, is amended to read:

 

Subdivision 1. [ESTABLISHMENT.] The commissioner shall make rules establishing establish a statewide course in the safe use of firearms and identification of wild mammals and birds. At least one course must be held within the boundary of each school district. The courses must be conducted by the commissioner in cooperation with other organizations. The courses must instruct youths in commonly accepted principles of safety in hunting and handling common hunting firearms and identification of various species of wild mammals and birds by sight and other unique characteristics.

 

Sec. 103. Minnesota Statutes 2004, section 97B.015, subdivision 2, is amended to read:

 

Subd. 2. [ADMINISTRATION, SUPERVISION, AND ENFORCEMENT.] (a) The commissioner shall appoint a qualified person from the Enforcement Division under civil service rules as supervisor of hunting safety and prescribe the duties and responsibilities of the position. The commissioner shall determine and provide the Enforcement Division with the necessary personnel for this section.

 

(b) The commissioner may appoint one or more county directors of hunting safety in each county. An appointed county director is responsible to the Enforcement Division. The Enforcement Division may appoint instructors necessary for this section. County directors and Instructors shall serve on a voluntary basis without compensation. The Enforcement Division must supply the materials necessary for the course. School districts may cooperate with the commissioner and volunteer instructors to provide space for the classroom portion of the training.

 

Sec. 104. Minnesota Statutes 2004, section 97B.015, subdivision 5, is amended to read:

 

Subd. 5. [FIREARMS SAFETY CERTIFICATE.] The commissioner shall issue a firearms safety certificate to a person that satisfactorily completes the required course of instruction. A person must be at least age 11 to take the firearms safety course and may receive a firearms safety certificate, but the certificate is not valid for hunting until the person is at least reaches age 12. A person who is age 11 and has a firearms safety certificate may purchase a deer, bear, turkey, or prairie chicken license that will become valid when the person reaches age 12. A firearms safety certificate issued to a person under age 12 by another state as provided in section 97B.020 is not valid for hunting in Minnesota until the person reaches age 12. The form and content of the firearms safety certificate shall be prescribed by the commissioner.

 

Sec. 105. Minnesota Statutes 2004, section 97B.015, subdivision 7, is amended to read:

 

Subd. 7. [FEE FOR DUPLICATE CERTIFICATE.] The commissioner shall collect a fee, to include a $1 issuing fee for licensing agents, for issuing a duplicate firearms safety certificate. The commissioner shall establish a fee that neither significantly overrecovers nor underrecovers costs, including overhead costs, involved in providing the service. The fee is not subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply. The commissioner may establish the fee notwithstanding section 16A.1283. The duplicate certificate fees, except for the issuing fee for licensing agents under this subdivision, shall be deposited in the game and fish fund and, except for the electronic licensing system commission established by the commissioner under section 84.027, subdivision 15, and issuing fees collected by the commissioner, are appropriated annually to the Enforcement Division of the Department of Natural Resources for the administration of the firearm safety course program.

 

[EFFECTIVE DATE.] This section is effective July 6, 2005.

 

Sec. 106. Minnesota Statutes 2004, section 97B.020, is amended to read:

 

97B.020 [FIREARMS SAFETY CERTIFICATE REQUIRED.]

 

(a) Except as provided in this section and section 97A.451, subdivision 3a, a person born after December 31, 1979, may not obtain an annual license to take wild animals by firearms unless the person has:


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(1) a firearms safety certificate or equivalent certificate,;

 

(2) a driver's license or identification card with a valid firearms safety qualification indicator issued under section 171.07, subdivision 13,;

 

(3) a previous hunting license, with a valid firearms safety qualification indicator; or

 

(4) other evidence indicating that the person has completed in this state or in another state a hunter safety course recognized by the department under a reciprocity agreement or certified by the department as substantially similar.

 

(b) A person who is on active duty and has successfully completed basic training in the United States armed forces, reserve component, or National Guard may obtain a hunting license or approval authorizing hunting regardless of whether the person is issued a firearms safety certificate.

 

(b) (c) A person born after December 31, 1979, may not use a lifetime license to take wild animals by firearms, unless the person meets the requirements for obtaining an annual license under paragraph (a) or (b).

 

Sec. 107. Minnesota Statutes 2004, section 97B.025, is amended to read:

 

97B.025 [HUNTER AND TRAPPER EDUCATION.]

 

(a) The commissioner may establish education courses for hunters and trappers. The commissioner shall collect a fee from each person attending a course. A fee, to include a $1 issuing fee for licensing agents, shall be collected for issuing a duplicate certificate. The commissioner shall establish the fees in a manner that neither significantly overrecovers nor underrecovers costs, including overhead costs, involved in providing the services. The fees are not subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply. The commissioner may establish the fees notwithstanding section 16A.1283. The fees, except for the issuing fee for licensing agents under this subdivision, shall be deposited in the game and fish fund and the amount thereof, except for the electronic licensing system commission established by the commissioner under section 84.027, subdivision 15, is appropriated annually to the Enforcement Division of the Department of Natural Resources for the administration of the program. In addition to the fee established by the commissioner for each course, instructors may charge each person up to the established fee amount for class materials and expenses. School districts may cooperate with the commissioner and volunteer instructors to provide space for the classroom portion of the training.

 

(b) The commissioner shall enter into an agreement with a statewide nonprofit trappers association to conduct a trapper education program. At a minimum, the program must include at least six hours of classroom and in the field training. The program must include a review of state trapping laws and regulations, trapping ethics, the setting and tending of traps and snares, tagging and registration requirements, and the preparation of pelts. The association shall be responsible for all costs of conducting the education program, and shall not charge any fee for attending the course.

 

[EFFECTIVE DATE.] This section is effective July 6, 2005.

 

Sec. 108. Minnesota Statutes 2004, section 97C.085, is amended to read:

 

97C.085 [PERMIT REQUIRED FOR TAGGING FISH.]

 

A person may not tag or otherwise mark a live fish for identification without a permit from the commissioner, except for special fish management tags as authorized under section 97A.551.


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Sec. 109. [97C.087] [SPECIAL FISH MANAGEMENT TAGS.]

 

Subdivision 1. [TAGS TO BE ISSUED.] If the commissioner determines it is necessary to require that a species of fish be tagged with a special fish management tag, the commissioner shall prescribe, by rule, the species to be tagged, tagging procedures, and eligibility requirements.

 

Subd. 2. [APPLICATION FOR TAG.] Application for special fish management tags must be accompanied by a $5, nonrefundable application fee for each tag. A person may not make more than one tag application each year. If a person makes more than one application, the person is ineligible for a special fish management tag for that season after determination by the commissioner, without a hearing.

 

Sec. 110. Minnesota Statutes 2004, section 97C.327, is amended to read:

 

97C.327 [MEASUREMENT OF FISH LENGTH.]

 

For the purpose of determining compliance with size limits for fish in this chapter or in rules of the commissioner, the length of a fish must be measured from the tip of the nose or jaw, whichever is longer, to the farthest tip of the tail when fully extended.

 

Sec. 111. Minnesota Statutes 2004, section 97C.395, subdivision 1, is amended to read:

 

Subdivision 1. [DATES FOR CERTAIN SPECIES.] (a) The open seasons to take fish by angling are as follows:

 

(1) for walleye, sauger, northern pike, muskellunge, largemouth bass, and smallmouth bass, the Saturday two weeks prior to the Saturday of Memorial Day weekend to the third last Sunday in February;

 

(2) for lake trout, from January 1 to October 31;

 

(3) for brown trout, brook trout, rainbow trout, and splake, between January 1 to October 31 as prescribed by the commissioner by rule except as provided in section 97C.415, subdivision 2; and

 

(4) for salmon, as prescribed by the commissioner by rule.

 

(b) The commissioner shall close the season in areas of the state where fish are spawning and closing the season will protect the resource.

 

Sec. 112. Minnesota Statutes 2004, section 103F.535, subdivision 1, is amended to read:

 

Subdivision 1. [RESERVATION OF MARGINAL LAND AND WETLANDS.] (a) Marginal land and wetlands are withdrawn from sale or exchange unless:

 

(1) notice of the existence of the nonforested marginal land or wetlands, in a form prescribed by the Board of Water and Soil Resources, is provided to prospective purchasers; and

 

(2) the deed contains a restrictive covenant, in a form prescribed by the Board of Water and Soil Resources, that precludes enrollment of the land in a state-funded program providing compensation for conservation of marginal land or wetlands.


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(b) This section does not apply to transfers of land by the Board of Water and Soil Resources to correct errors in legal descriptions under section 103F.515, subdivision 8, or to transfers by the commissioner of natural resources for:

 

(1) land that is currently in nonagricultural commercial use if a restrictive covenant would interfere with the commercial use;

 

(2) land in platted subdivisions;

 

(3) conveyances of land to correct errors in legal descriptions under section 84.0273;

 

(4) exchanges of nonagricultural land with the federal government, or exchanges of Class A, Class B, and Class C riparian nonagricultural land with local units of government under sections 94.342, 94.343, and 94.344, and 94.349;

 

(5) land transferred to political subdivisions for public purposes under sections 84.027, subdivision 10, and 94.10; and

 

(6) land not needed for trail purposes that is sold to adjacent property owners and lease holders under section 85.015, subdivision 1, paragraph (b).

 

(c) This section does not apply to transfers of land by the commissioner of administration or transportation or by the Minnesota Housing Finance Agency, or to transfers of tax-forfeited land under chapter 282 if:

 

(1) the land is in platted subdivisions; or

 

(2) the conveyance is a transfer to correct errors in legal descriptions.

 

(d) This section does not apply to transfers of land by the commissioner of administration or by the Minnesota Housing Finance Agency for:

 

(1) land that is currently in nonagricultural commercial use if a restrictive covenant would interfere with the commercial use; or

 

(2) land transferred to political subdivisions for public purposes under sections 84.027, subdivision 10, and 94.10.

 

Sec. 113. Minnesota Statutes 2004, section 103G.271, subdivision 6, is amended to read:

 

Subd. 6. [WATER USE PERMIT PROCESSING FEE.] (a) Except as described in paragraphs (b) to (f), a water use permit processing fee must be prescribed by the commissioner in accordance with the schedule of fees in this subdivision for each water use permit in force at any time during the year. The schedule is as follows, with the stated fee in each clause applied to the total amount appropriated:

 

(1) $101 for amounts not exceeding 50,000,000 gallons per year;

 

(2) $3 per 1,000,000 gallons for amounts greater than 50,000,000 gallons but less than 100,000,000 gallons per year;

 

(3) $3.50 per 1,000,000 gallons for amounts greater than 100,000,000 gallons but less than 150,000,000 gallons per year;


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(4) $4 per 1,000,000 gallons for amounts greater than 150,000,000 gallons but less than 200,000,000 gallons per year;

 

(5) $4.50 per 1,000,000 gallons for amounts greater than 200,000,000 gallons but less than 250,000,000 gallons per year;

 

(6) $5 per 1,000,000 gallons for amounts greater than 250,000,000 gallons but less than 300,000,000 gallons per year;

 

(7) $5.50 per 1,000,000 gallons for amounts greater than 300,000,000 gallons but less than 350,000,000 gallons per year;

 

(8) $6 per 1,000,000 gallons for amounts greater than 350,000,000 gallons but less than 400,000,000 gallons per year;

 

(9) $6.50 per 1,000,000 gallons for amounts greater than 400,000,000 gallons but less than 450,000,000 gallons per year;

 

(10) $7 per 1,000,000 gallons for amounts greater than 450,000,000 gallons but less than 500,000,000 gallons per year; and

 

(11) $7.50 per 1,000,000 gallons for amounts greater than 500,000,000 gallons per year.

 

(b) For once-through cooling systems, a water use processing fee must be prescribed by the commissioner in accordance with the following schedule of fees for each water use permit in force at any time during the year:

 

(1) for nonprofit corporations and school districts, $150 per 1,000,000 gallons; and

 

(2) for all other users, $200 $300 per 1,000,000 gallons.

 

(c) The fee is payable based on the amount of water appropriated during the year and, except as provided in paragraph (f), the minimum fee is $100.

 

(d) For water use processing fees other than once-through cooling systems:

 

(1) the fee for a city of the first class may not exceed $250,000 per year;

 

(2) the fee for other entities for any permitted use may not exceed:

 

(i) $50,000 per year for an entity holding three or fewer permits;

 

(ii) $75,000 per year for an entity holding four or five permits;

 

(iii) $250,000 per year for an entity holding more than five permits;

 

(3) the fee for agricultural irrigation may not exceed $750 per year;

 

(4) the fee for a municipality that furnishes electric service and cogenerates steam for home heating may not exceed $10,000 for its permit for water use related to the cogeneration of electricity and steam; and


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(5) no fee is required for a project involving the appropriation of surface water to prevent flood damage or to remove flood waters during a period of flooding, as determined by the commissioner.

 

(e) Failure to pay the fee is sufficient cause for revoking a permit. A penalty of two percent per month calculated from the original due date must be imposed on the unpaid balance of fees remaining 30 days after the sending of a second notice of fees due. A fee may not be imposed on an agency, as defined in section 16B.01, subdivision 2, or federal governmental agency holding a water appropriation permit.

 

(f) The minimum water use processing fee for a permit issued for irrigation of agricultural land is $20 for years in which:

 

(1) there is no appropriation of water under the permit; or

 

(2) the permit is suspended for more than seven consecutive days between May 1 and October 1. A surcharge of $20 per million gallons in addition to the fee prescribed in paragraph (a) shall be applied to the volume of water used in June, July, and August that exceeds the volume of water used in January for municipal water use, irrigation of golf courses, and landscape irrigation.

 

Sec. 114. Minnesota Statutes 2004, section 103G.301, subdivision 2, is amended to read:

 

Subd. 2. [PERMIT APPLICATION FEES.] (a) An application for a permit authorized under this chapter, and each request to amend or transfer an existing permit, must be accompanied by a permit application fee to defray the costs of receiving, recording, and processing the application or request to amend or transfer.

 

(b) The fee to apply for a permit to appropriate water, a permit to construct or repair a dam that is subject to dam safety inspection, or a state general permit or to apply for the state water bank program is $75 $150. The application fee for a permit to work in public waters or to divert waters for mining must be at least $75 $150, but not more than $500 $1,000, according to a schedule of fees adopted under section 16A.1285.

 

Sec. 115. Minnesota Statutes 2004, section 103G.615, subdivision 2, is amended to read:

 

Subd. 2. [FEES.] (a) The commissioner shall establish a fee schedule for permits to control or harvest aquatic plants other than wild rice. The fees must be set by rule, and section 16A.1283 does not apply. The fees may not exceed $750 per permit based upon the cost of receiving, processing, analyzing, and issuing the permit, and additional costs incurred after the application to inspect and monitor the activities authorized by the permit, and enforce aquatic plant management rules and permit requirements.

 

(b) The fee for a permit for the control of rooted aquatic vegetation is $35 for each contiguous parcel of shoreline owned by an owner. This fee may not be charged for permits issued in connection with purple loosestrife control or lakewide Eurasian water milfoil control programs.

 

(c) A fee may not be charged to the state or a federal governmental agency applying for a permit.

 

(d) The money received for the permits under this subdivision shall be deposited in the treasury and credited to the game and fish fund water recreation account.

 

Sec. 116. Minnesota Statutes 2004, section 103I.681, subdivision 11, is amended to read:

 

Subd. 11. [PERMIT FEE SCHEDULE.] (a) The commissioner of natural resources shall adopt a permit fee schedule under chapter 14. The schedule may provide minimum fees for various classes of permits, and additional fees, which may be imposed subsequent to the application, based on the cost of receiving, processing, analyzing, and issuing the permit, and the actual inspecting and monitoring of the activities authorized by the permit, including costs of consulting services.


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(b) A fee may not be imposed on a state or federal governmental agency applying for a permit.

 

(c) The fee schedule may provide for the refund of a fee, in whole or in part, under circumstances prescribed by the commissioner of natural resources. Permit Fees received must be deposited in the state treasury and credited to the general fund. The amount of money necessary to pay the refunds is Permit fees received are appropriated annually from the general fund to the commissioner of natural resources for the costs of inspecting and monitoring the activities authorized by the permit, including costs of consulting services.

 

Sec. 117. Minnesota Statutes 2004, section 115.06, subdivision 4, is amended to read:

 

Subd. 4. [CITIZEN MONITORING OF WATER QUALITY.] (a) The agency may encourage citizen monitoring of ambient water quality for public waters by:

 

(1) providing technical assistance to citizen and local group water quality monitoring efforts;

 

(2) integrating citizen monitoring data into water quality assessments and agency programs, provided that the data adheres to agency quality assurance and quality control protocols; and

 

(3) seeking public and private funds to:

 

(i) collaboratively develop clear guidelines for water quality monitoring procedures and data management practices for specific data and information uses;

 

(ii) distribute the guidelines to citizens, local governments, and other interested parties;

 

(iii) improve and expand water quality monitoring activities carried out by the agency; and

 

(iv) continue to improve electronic and Web access to water quality data and information about public waters that have been either fully or partially assessed.

 

(b) This subdivision does not authorize a citizen to enter onto private property for any purpose.

 

(c) By January 15 of each odd-numbered year, the commissioner shall report to the senate and house of representatives committees with jurisdiction over environmental policy and finance on activities under this section.

 

(d) This subdivision shall sunset June 30, 2005.

 

Sec. 118. Minnesota Statutes 2004, section 115.551, is amended to read:

 

115.551 [TANK FEE.]

 

(a) An installer shall pay a fee of $25 for each septic system tank installed in the previous calendar year. The fees required under this section must be paid to the commissioner by January 30 of each year. The revenue derived from the fee imposed under this section shall be deposited in the environmental fund and is exempt from section 16A.1285.

 

(b) Notwithstanding paragraph (a), for the purposes of performance-based individual sewage treatment systems, the tank fee is limited to $25 per household system installation.


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Sec. 119. Minnesota Statutes 2004, section 115A.03, subdivision 21, is amended to read:

 

Subd. 21. [MIXED MUNICIPAL SOLID WASTE.] (a) "Mixed municipal solid waste" means garbage, refuse, and other solid waste from residential, commercial, industrial, and community activities that the generator of the waste aggregates for collection, except as provided in paragraph (b).

 

(b) Mixed municipal solid waste does not include auto hulks, street sweepings, ash, construction debris, mining waste, sludges, tree and agricultural wastes, tires, lead acid batteries, motor and vehicle fluids and filters, and other materials collected, processed, and disposed of as separate waste streams, but does include source-separated compostable organic materials.

 

Sec. 120. Minnesota Statutes 2004, section 115A.03, subdivision 32a, is amended to read:

 

Subd. 32a. [SOURCE-SEPARATED COMPOSTABLE MATERIALS.] "Source-separated compostable organic materials" means mixed municipal solid waste that:

 

(1) is separated at the source by waste generators for the purpose of preparing it for use as food for animals, or compost;

 

(2) is collected separately from other mixed municipal solid wastes;

 

(3) is comprised of food wastes, fish and animal waste, plant materials, yard waste, diapers, sanitary products, and paper that is not recyclable because the director has determined that no other person is willing to accept the paper for recycling; and

 

(4) is delivered to a facility to undergo undergoes one of the following processes:

 

(i) controlled microbial degradation to yield a humus-like product meeting the agency's class I or class II, or equivalent, compost standards and where process residues do not exceed 15 percent by weight of the total material delivered to the facility; or

 

(ii) controlled packaging separation followed by (A) treatment, including heating and drying the material to less than ten percent moisture, to insure that it meets the requirements of chapter 25 to be sold as commercial feed; or (B) treatment in accordance with Minnesota Rules, part 1720.0930, to allow its use as food for livestock and poultry.

 

Sec. 121. Minnesota Statutes 2004, section 115A.072, subdivision 1, is amended to read:

 

Subdivision 1. [ENVIRONMENTAL EDUCATION ADVISORY BOARD.] (a) The director shall provide for the development and implementation of environmental education programs that are designed to meet the goals listed in section 115A.073.

 

(b) The Environmental Education Advisory Board shall advise the director in carrying out the director's responsibilities under this section. The board consists of 20 members as follows:

 

(1) a representative of the Pollution Control Agency, appointed by the commissioner of the agency;

 

(2) a representative of the Department of Education, appointed by the commissioner of education;

 

(3) a representative of the Department of Agriculture, appointed by the commissioner of agriculture;

 

(4) a representative of the Department of Health, appointed by the commissioner of health;


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(5) a representative of the Department of Natural Resources, appointed by the commissioner of natural resources;

 

(6) a representative of the Board of Water and Soil Resources, appointed by that board;

 

(7) a representative of the Environmental Quality Board, appointed by that board;

 

(8) a representative of the Board of Teaching, appointed by that board;

 

(9) a representative of the University of Minnesota Extension Service, appointed by the director of the service;

 

(10) a citizen member from each congressional district, of which two must be licensed teachers currently teaching in the K-12 system, appointed by the director; and

 

(11) three at-large citizen members, appointed by the director.

 

The citizen members shall serve two-year terms. Compensation of board members is governed by section 15.059, subdivision 6. The board expires on June 30, 2003 2008.

 

Sec. 122. Minnesota Statutes 2004, section 115A.12, is amended to read:

 

115A.12 [ADVISORY COUNCILS.]

 

(a) The director shall establish a Solid Waste Management Advisory Council and a Prevention, Reduction, and Recycling an Environmental Innovations Advisory Council that are is broadly representative of the geographic areas and interests of the state.

 

(b) The solid waste council shall have not less than nine nor more than 21 members. The membership of the solid waste council shall consist of one-third citizen representatives, one-third representatives from local government units, and one-third representatives from private solid waste management firms. The solid waste council shall contain at least three members experienced in the private recycling industry and at least one member experienced in each of the following areas: state and municipal finance; solid waste collection, processing, and disposal; and solid waste reduction and resource recovery.

 

(c) (b) The Prevention, Reduction, and Recycling Environmental Innovations Advisory Council shall have not less than nine nor or more than 24 members. The membership shall consist of one-third citizen representatives, one-third representatives of government, institutional, and one-third representatives of business and industry representatives. The director may appoint nonvoting members from other environmental and business assistance providers in the state.

 

(d) (c) The chairs chair of the advisory councils council shall be appointed by the director. The director shall provide administrative and staff services for the advisory councils council. The advisory councils council shall have such duties as are assigned by law or the director. The Solid Waste Advisory Council shall make recommendations to the office on its solid waste management activities. The Prevention, Reduction, and Recycling Environmental Innovations Advisory Council shall make recommendations to the office on policy, programs, and legislation in pollution prevention, waste reduction, reuse and, recycling, and resource conservation, and the management of hazardous waste. The Environmental Innovations Advisory Council shall focus on developing and implementing innovative programs that improve Minnesota's environment by emphasizing front-end preventative, and resource conservation approaches to preventing waste and pollution. The council shall emphasize partnerships of government, citizens, institutions, and business to develop and implement these programs. Members of the advisory councils council shall serve without compensation but shall be reimbursed for their reasonable expenses as determined by the director. Notwithstanding section 15.059, subdivision 5, the Solid Waste Management Advisory Council and the Prevention, Reduction, and Recycling Environmental Innovations Advisory Council expire expires June 30, 2003 2009.


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Sec. 123. Minnesota Statutes 2004, section 115A.545, subdivision 1, is amended to read:

 

Subdivision 1. [DEFINITION.] (a) For the purpose of this section, the following terms have the meanings given them.

 

(b) "Processed" means mixed municipal solid waste that has been:

 

(1) burned for energy recovery; or

 

(2) recovered for animals; or

 

(3) processed into usable compost or refuse derived fuel.

 

(c) "Processing facility" means a facility designed to burn mixed municipal solid waste for energy recovery or designed to process mixed municipal solid waste into usable compost or refuse-derived fuel.

 

(d) "County" includes a consortium of counties operating under a solid waste management joint powers agreement.

 

Sec. 124. Minnesota Statutes 2004, section 115A.929, is amended to read:

 

115A.929 [FEES; ACCOUNTING.]

 

Each political subdivision that provides for solid waste management shall account for all revenue collected from waste management fees, together with interest earned on revenue from the fees, separately from other revenue collected by the political subdivision and shall report revenue collected from the fees and use of the revenue separately from other revenue and use of revenue in any required financial report or audit. Each political subdivision must file with the director, on or before June 30 annually, the separate report of all revenue collected from waste management fees, together with interest on revenue from the fees, for the previous year. For the purposes of this section, "waste management fees" means:

 

(1) all fees, charges, and surcharges collected under sections 115A.919, 115A.921, and 115A.923;

 

(2) all tipping fees collected at waste management facilities owned or operated by the political subdivision;

 

(3) all charges imposed by the political subdivision for waste collection and management services; and

 

(4) any other fees, charges, or surcharges imposed on waste or for the purpose of waste management, whether collected directly from generators or indirectly through property taxes or as part of utility or other charges for services provided by the political subdivision.

 

Sec. 125. Minnesota Statutes 2004, section 116P.02, is amended by adding a subdivision to read:

 

Subd. 4a. [COUNCIL.] "Council" means the Minnesota Conservation Heritage Council.

 

[EFFECTIVE DATE.] This section is effective the day following final enactment.

 

Sec. 126. Minnesota Statutes 2004, section 116P.03, is amended to read:


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116P.03 [TRUST FUND NOT TO SUPPLANT EXISTING FUNDING.]

 

(a) The trust fund may not be used as a substitute for traditional sources of funding environmental and natural resources activities, but the trust fund shall supplement the traditional sources, including those sources used to support the criteria in section 116P.08, subdivision 1 1a. The trust fund must be used primarily to support activities whose benefits become available only over an extended period of time.

 

(b) The commission must determine the amount of the state budget spent from traditional sources to fund environmental and natural resources activities before and after the trust fund is established and include a comparison of the amount in the report under section 116P.09, subdivision 7.

 

[EFFECTIVE DATE.] This section is effective the day following final enactment.

 

Sec. 127. Minnesota Statutes 2004, section 116P.04, subdivision 5, is amended to read:

 

Subd. 5. [AUDITS REQUIRED.] The legislative auditor shall audit trust fund expenditures to ensure that the money is spent for the purposes provided in the commission's budget plan the Minnesota Constitution, article XI, section 14, and the council's strategic plan developed under section 116P.08. In addition, the legislative auditor shall audit the books and records of the council on an annual basis under sections 3.971 and 3.972, subject to the resources of the legislative auditor, to ensure that the expenditures and operations of the council are consistent with the requirements of this chapter. The legislative auditor may recoup the expenses for audits under this subdivision from amounts available to the council under section 116P.061, subdivision 6.

 

[EFFECTIVE DATE.] This section is effective the day following final enactment.

 

Sec. 128. Minnesota Statutes 2004, section 116P.05, subdivision 2, is amended to read:

 

Subd. 2. [DUTIES.] (a) The commission shall recommend a budget plan for expenditures from the environment and natural resources trust fund and shall adopt a strategic plan as provided in section 116P.08.

 

(b) The commission shall recommend expenditures to the legislature from the state land and water conservation account in the natural resources fund.

 

(c) It is a condition of acceptance of the appropriations made from the Minnesota environment and natural resources trust fund, and oil overcharge money under section 4.071, subdivision 2, that the agency or entity receiving the appropriation must submit a work program and semiannual progress reports in the form determined by the Legislative Commission on Minnesota Resources, and comply with applicable reporting requirements under section 116P.16. None of the money provided may be spent unless the commission has approved the pertinent work program.

 

(d) The peer review panel created under section 116P.08 must also review, comment, and report to the commission on research proposals applying for an appropriation from the oil overcharge money under section 4.071, subdivision 2.

 

(e) The commission may adopt operating procedures to fulfill its duties under chapter 116P.

 

[EFFECTIVE DATE.] This section is effective for interests in land acquired after June 30, 2005.


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Sec. 129. [116P.061] [MINNESOTA CONSERVATION HERITAGE COUNCIL.]

 

Subdivision 1. [MEMBERSHIP.] (a) The Minnesota Conservation Heritage Council is created pursuant to section 15.012, paragraph (a), and is governed by a council of 11 members. The terms of members are six years and until their successors have been appointed. Each member shall be appointed by the governor with the advice and consent of the senate. Not more than six members shall belong to the same political party. The governor shall select at least one member from each congressional district.

 

(b) To be eligible for appointment to the council, a prospective member must demonstrate expertise and experience in the science, policy, or practice of the protection, conservation, preservation, and enhancement of the state's air, water, land, fish, wildlife, and other natural resources. Prior service on multimember boards with grant-making responsibilities or prior experience in the management of a business enterprise is also recommended.

 

(c) Except as provided in this section, the terms, compensation, and removal of members and filling of vacancies on the council shall be as provided in section 15.0575. A member may be removed from the council upon a supermajority of eight votes in favor of the removal of that member.

 

Subd. 2. [CHAIR; VICE CHAIR.] The governor shall select a member to serve as chair for a term concurrent with that of the governor. If a vacancy occurs in the position of chair, the governor shall select a new chair to complete the unexpired term. The chair shall be the principal executive officer of the council and shall preside at meetings of the council. The chair shall organize the work of the council and may make assignments to members, appoint committees, and give direction to the staff. The members of the council shall select a vice chair.

 

Subd. 3. [QUORUM.] Except when otherwise specified, a majority of the council shall constitute a quorum and the act or decision of a majority of members present, if at least a quorum is present, shall be the act or decision of the council. If a vacancy exists on the council, a majority of the remaining members constitutes a quorum. A supermajority of eight members in favor is required for: (1) hiring or removing an executive director for the council, if any; or (2) using funds for debt service on bonds.

 

Subd. 4. [GIFTS.] The council may accept and use grants of money or property from the United States or other grantors for any purpose pertaining to the activities of the council. Any money or property so received is appropriated and dedicated for the purposes for which it is granted and shall be expended or used solely for such purposes according to federal laws and regulations pertaining thereto, subject to applicable state laws and rules as to manner of expenditure or use. The council may make subgrants of any money received to other agencies, units of local government, private individuals, private organizations, and private nonprofit corporations. Appropriate funds and accounts shall be maintained by the commissioner of finance to comply with this section. Lands and interests in lands received may be sold or exchanged according to chapter 94.

 

[EFFECTIVE DATE.] This section is effective the day following final enactment.

 

Sec. 130. Minnesota Statutes 2004, section 116P.07, is amended to read:

 

116P.07 [INFORMATION GATHERING.]

 

Subdivision 1. [PUBLIC FORUMS.] The commission council may convene public forums or employ other methods to gather information for establishing priorities for funding.

 

Subd. 2. [TECHNICAL ADVISORY COMMITTEE.] The council shall make use of available expertise from educational, research, and technical organizations, and state and federal environmental agencies, including the University of Minnesota and other higher education institutions, to provide appropriate independent expert advice on identifying natural resource priorities during development of the strategic plan provided for in section 116P.08. The


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technical advisory committee shall also review funding proposals and advise the council on funding recommendations. The council shall appoint the technical advisory committee and designate a chair. Compensation of advisory committee members is governed by section 15.059, subdivision 3.

 

Subd. 3. [STATE AGENCY LONG-TERM PRIORITIES.] State agencies with environmental programs and responsibilities shall submit long-term priorities based on agency plans to the council. The council may integrate agency long-term priorities into the development of its strategic plan as provided for in section 116P.08.

 

Subd. 4. [PUBLIC PRIORITIES.] The council shall ask conservation and environmental organizations to submit their long-term priorities and plans to the council, which may be integrated into the council's strategic plan as provided for in section 116P.08.

 

[EFFECTIVE DATE.] This section is effective the day following final enactment.

 

Sec. 131. Minnesota Statutes 2004, section 116P.08, is amended by adding a subdivision to read:

 

Subd. 1a. [APPROPRIATION AND EXPENDITURES.] (a) For the fiscal biennium beginning July 1, 2007, and each biennium thereafter, the amount of the environment and natural resources trust fund that is available for appropriation under the terms of the Minnesota Constitution, article XI, section 14, shall be appropriated by a law passed by the legislature and signed by the governor to the council for expenditures to be made according to the provisions of this section.

 

(b) The amount appropriated from the environment and natural resources trust fund may be spent only for the public purpose of protection, conservation, preservation, and enhancement of the state's air, water, land, fish, wildlife, and other natural resources. Expenditures made by the council under this section must be consistent with the Minnesota Constitution, article XI, section 14, and the strategic plan adopted under subdivision 3 and must demonstrate a direct benefit to the state's natural resources.

 

[EFFECTIVE DATE.] This section is effective the day following final enactment.

 

Sec. 132. Minnesota Statutes 2004, section 116P.08, is amended by adding a subdivision to read:

 

Subd. 1b. [WORK PROGRAM; PROGRESS REPORTS.] It is a condition of acceptance of the appropriations made from the Minnesota environment and natural resources trust fund that the agency or entity receiving the appropriation must submit a work program and semiannual progress reports in the form determined by the council. None of the money provided may be spent unless the council has approved the pertinent work program.

 

[EFFECTIVE DATE.] This section is effective the day following final enactment.

 

Sec. 133. Minnesota Statutes 2004, section 116P.08, subdivision 3, is amended to read:

 

Subd. 3. [STRATEGIC PLAN REQUIRED.] (a) The commission council shall adopt a strategic plan for making expenditures from the trust fund, including identifying the priority areas for funding for the next six ten years. The strategic plan must be updated every two years. The plan is advisory only The council shall make funding allocation decisions on at least an annual basis.

 

(b) The commission council shall submit the plan, as a recommendation, to the house of representatives Ways and Means and senate Finance Committees chairs of the house of representatives and senate committees with jurisdiction over environment and natural resources policy and finance by January 1 15 of each odd-numbered year according to section 116P.09, subdivision 7.


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(b) The commission may accept or modify the draft of the strategic plan submitted to it by the advisory committee before voting on the plan's adoption.

 

[EFFECTIVE DATE.] This section is effective the day following final enactment.

 

Sec. 134. Minnesota Statutes 2004, section 116P.08, subdivision 5, is amended to read:

 

Subd. 5. [PUBLIC MEETINGS.] All advisory committee and commission council meetings must be open to the public. The commission shall attempt to meet at least once in each of the state's congressional districts during each biennium.

 

[EFFECTIVE DATE.] This section is effective the day following final enactment.

 

Sec. 135. Minnesota Statutes 2004, section 116P.08, subdivision 6, is amended to read:

 

Subd. 6. [PEER REVIEW.] (a) Research proposals must include a stated purpose, timeline, potential outcomes, and an explanation of the need for the research. All research proposals must be reviewed by a peer review panel peer-reviewed before receiving an appropriation. Peer reviews shall be considered by the council in evaluating a research project proposal. The council shall establish a peer review panel under subdivision 7 to assist its work.

 

(b) In conducting research proposal reviews, the peer review panel A peer review report on a proposed research project, prepared for a research proposal review, shall:

 

(1) comment on the methodology proposed and whether it can be expected to yield appropriate and useful information and data; and

 

(2) comment on the need for the research and about similar existing information available, if any; and

 

(3) report to the commission and advisory committee on clauses (1) and (2).

 

(c) The peer review panel also must review completed research proposals that have received an appropriation and comment and report upon whether the project reached the intended goals.

 

[EFFECTIVE DATE.] This section is effective the day following final enactment.

 

Sec. 136. Minnesota Statutes 2004, section 116P.08, subdivision 7, is amended to read:

 

Subd. 7. [PEER REVIEW PANEL MEMBERSHIP.] (a) The peer review panel must consist of at least five members who are knowledgeable in general research methods in the areas of environment and natural resources. Not more than two members of the panel may be employees of state agencies in Minnesota.

 

(b) The commission council shall select a chair every two years who shall be responsible for convening meetings of the panel as often as is necessary to fulfill its duties as prescribed in this section. Compensation of panel members is governed by section 15.059, subdivision 3.

 

(c) The peer review panel must review completed research proposals that have received an appropriation and comment and report upon whether the project reached the intended goals.

 

[EFFECTIVE DATE.] This section is effective the day following final enactment.


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Sec. 137. Minnesota Statutes 2004, section 116P.09, is amended to read:

 

116P.09 [ADMINISTRATION.]

 

Subdivision 1. [ADMINISTRATIVE AUTHORITY.] The commission council may appoint legal and other personnel and consultants necessary to carry out functions and duties of the commission council. Permanent employees shall be in the unclassified service. In addition, the commission council may request staff assistance and data from any other agency of state government as needed for the execution of the responsibilities of the commission and advisory committee council and an agency must promptly furnish it.

 

Subd. 2. [LIAISON OFFICERS.] The commission council shall request each department or agency head of all state agencies with a direct interest and responsibility in any phase of environment and natural resources to appoint, and the latter shall appoint for the agency, a liaison officer who shall work closely with the commission council and its staff.

 

Subd. 3. [APPRAISAL AND EVALUATION.] The commission council shall obtain and appraise information available through private organizations and groups, utilizing to the fullest extent possible studies, data, and reports previously prepared or currently in progress by public agencies, private organizations, groups, and others, concerning future trends in the protection, conservation, preservation, and enhancement of the state's air, water, land, forests, fish, wildlife, native vegetation, and other natural resources. Any data compiled by the commission council shall be made available to any standing or interim committee of the legislature upon the request of the chair of the respective committee.

 

Subd. 4. [PERSONNEL.] Persons who are employed by a state agency to work on a project and are paid by an appropriation from the trust fund are in the unclassified civil service, and their continued employment is contingent upon the availability of money from the appropriation. When the appropriation has been spent, their positions must be canceled and the approved complement of the agency reduced accordingly. Part-time employment of persons for a project is authorized. The use of classified employees is authorized when approved as part of the work program required by section 116P.05 116P.08, subdivision 2, paragraph (c) 1b.

 

Subd. 5. [ADMINISTRATIVE EXPENSE.] The prorated expenses related to commission council administration of the trust fund may not exceed an amount equal to four percent of the amount available for appropriation of the trust fund for the biennium.

 

Subd. 6. [CONFLICT OF INTEREST.] (a) A commission council member, advisory committee member, a peer review panelist, or an employee of the commission council may not participate in or vote on a decision of the commission, advisory committee, council or a peer review panel relating to an organization in which the member, panelist, or employee has either a direct or indirect personal financial interest. While serving on the legislative commission, advisory committee, council or peer review panel, or being while an employee of the commission council, a person shall avoid any potential conflict of interest. A conflict of interest exists if the person:

 

(1) would receive a direct or indirect personal financial benefit from an entity proposing a project for funding by the council or from a proposal under review for funding by the council;

 

(2) serves as an employee, consultant, or governing board member of an entity proposing a project for funding by the council; or

 

(3) has a family relationship with a project proposer or a staff or board member of an entity proposing a project for funding by the council.


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(b) The council must develop procedures to identify a conflict of interest during the initial proposal review process. If a conflict is found to exist, the person must notify the council in writing and may not advocate for or against the proposal or vote on the proposal.

 

Subd. 7. [REPORT REQUIRED.] The commission council shall, by January 15 of each odd-numbered year, submit a report to the governor, the chairs of the house of representatives appropriations and senate finance committees, and the chairs of the house of representatives and senate committees on with jurisdiction over environment and natural resources policy and finance. Copies of the report must be available to the public. The report must include a summary of the council's conservation achievements during the reporting period and:

 

(1) a copy of the current strategic plan;

 

(2) a description of each project receiving money from the trust fund during the preceding biennium and how the project relates to the constitutional dedication of the trust fund and to the council's current strategic plan;

 

(3) a summary of any research project completed in the preceding biennium;

 

(4) recommendations to implement successful projects and programs into a state agency's standard operations;

 

(5) to the extent known by the commission council, descriptions of the projects anticipated to be supported by the trust fund during the next biennium;

 

(6) the source and amount of all revenues collected and distributed by the commission council, including all administrative and other expenses;

 

(7) a description of the assets and liabilities of the trust fund;

 

(8) any findings or recommendations that are deemed proper to assist the legislature in formulating legislation;

 

(9) a list of all gifts and donations with a value over $1,000;

 

(10) a comparison of the amounts spent by the state for environment and natural resources activities through the most recent fiscal year; and

 

(11) a copy of the most recent compliance audit.

 

[EFFECTIVE DATE.] This section is effective the day following final enactment.

 

Sec. 138. Minnesota Statutes 2004, section 116P.10, is amended to read:

 

116P.10 [ROYALTIES, COPYRIGHTS, PATENTS.]

 

This section applies to projects supported by the trust fund and the oil overcharge money referred to in section 4.071, subdivision 2, each of which is referred to in this section as a "fund." The trust fund owns and shall take title to the percentage of a royalty, copyright, or patent resulting from a project supported by the trust fund equal to the percentage of the project's total funding provided by the trust fund. Cash receipts resulting from a royalty, copyright, or patent, or the sale of the trust fund's rights to a royalty, copyright, or patent, must be credited immediately to the principal of the trust fund. Receipts from Minnesota future resources fund projects must be


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credited to the trust fund. Before the council decides to fund a project is included in the budget plan, the commission council may vote to relinquish the ownership or rights to a royalty, copyright, or patent resulting from a project supported by the trust fund to the project's proposer when the amount of the original grant or loan, plus interest, has been repaid to the trust fund.

 

[EFFECTIVE DATE.] This section is effective the day following final enactment.

 

Sec. 139. Minnesota Statutes 2004, section 116P.11, is amended to read:

 

116P.11 [AVAILABILITY OF FUNDS FOR DISBURSEMENT.]

 

(a) The amount biennially available from the trust fund for the budget plan developed by the commission council is as defined in the Minnesota Constitution, article XI, section 14.

 

(b) Any appropriated funds not encumbered in the biennium in which they are appropriated cancel and must be credited to the principal of the trust fund.

 

[EFFECTIVE DATE.] This section is effective the day following final enactment.

 

Sec. 140. Minnesota Statutes 2004, section 116P.12, subdivision 2, is amended to read:

 

Subd. 2. [APPLICATION AND ADMINISTRATION.] (a) The commission council must adopt a procedure for the issuance of the water system improvement loans by the Public Facilities Authority.

 

(b) The commission council also must ensure that the loans are administered according to its fiduciary standards and requirements.

 

[EFFECTIVE DATE.] This section is effective the day following final enactment.

 

Sec. 141. Minnesota Statutes 2004, section 116P.15, subdivision 2, is amended to read:

 

Subd. 2. [RESTRICTIONS; MODIFICATION PROCEDURE.] (a) An interest in real property acquired with an appropriation from the trust fund or the Minnesota future resources fund must be used in perpetuity or for the specific term of an easement interest for the purpose for which the appropriation was made.

 

(b) A recipient of funding who acquires an interest in real property subject to this section may not alter the intended use of the interest in real property or convey any interest in the real property acquired with the appropriation without the prior review and approval of the commission council. The commission council shall establish procedures to review requests from recipients to alter the use of or convey an interest in real property. These procedures shall allow for the replacement of the interest in real property with another interest in real property meeting the following criteria:

 

(1) the interest is at least equal in fair market value, as certified by the commissioner of natural resources, to the interest being replaced; and

 

(2) the interest is in a reasonably equivalent location, and has a reasonably equivalent usefulness compared to the interest being replaced.

 

(c) A recipient of funding who acquires an interest in real property under paragraph (a) must separately record a notice of funding restrictions in the appropriate local government office where the conveyance of the interest in real property is filed. The notice of funding agreement must contain:


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(1) a legal description of the interest in real property covered by the funding agreement;

 

(2) a reference to the underlying funding agreement;

 

(3) a reference to this section; and

 

(4) the following statement:

 

"This interest in real property shall be administered in accordance with the terms, conditions, and purposes of the grant agreement or work program controlling the acquisition of the property. The interest in real property, or any portion of the interest in real property, shall not be sold, transferred, pledged, or otherwise disposed of or further encumbered without obtaining the prior written approval of the Legislative Commission on Minnesota Resources council or its successor. If the holder of the interest in real property fails to comply with the terms and conditions of the grant agreement or work program, ownership of the interest in real property shall transfer to this state."

 

[EFFECTIVE DATE.] This section is effective the day following final enactment.

 

Sec. 142. [116P.16] [REAL PROPERTY INTEREST REPORT.]

 

By December 1 each year, a recipient of an appropriation from the trust fund, that is used for the acquisition of an interest in real property, must submit annual reports on the status of the real property to the Legislative Commission on Minnesota Resources in a form determined by the commission. The responsibility for reporting under this section may be transferred by the recipient of the appropriation to another person who holds the interest in the real property. To complete the transfer of reporting responsibility, the recipient of the appropriation must:

 

(1) inform the person to whom the responsibility is transferred of that person's reporting responsibility;

 

(2) inform the person to whom the responsibility is transferred of the property restrictions under section 116P.15; and

 

(3) provide written notice to the commission of the transfer of reporting responsibility, including contact information for the person to whom the responsibility is transferred.

 

After the transfer, the person who holds the interest in the real property is responsible for reporting requirements under this section.

 

[EFFECTIVE DATE.] This section is effective for interests in land acquired after June 30, 2005.

 

Sec. 143. Minnesota Statutes 2004, section 168.1296, subdivision 1, is amended to read:

 

Subdivision 1. [GENERAL REQUIREMENTS AND PROCEDURES.] (a) The registrar shall issue special critical habitat license plates to an applicant who:

 

(1) is an owner or joint owner of a passenger automobile, pickup truck, or van or of recreational equipment;

 

(2) pays a fee of $10 to cover the costs of handling and manufacturing the plates;

 

(3) pays the registration tax required under section 168.013;

 

(4) pays the fees required under this chapter;


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(5) contributes a minimum of $30 annually to the Minnesota critical habitat private sector matching account established in section 84.943; and

 

(6) complies with laws and rules governing registration and licensing of vehicles and drivers.

 

(b) The critical habitat license application form must clearly indicate that the annual contribution specified under paragraph (a), clause (5), is a minimum contribution to receive the license plate and that the applicant may make an additional contribution to the account.

 

(c) Owners of recreational equipment under paragraph (a), clause (1), are eligible only for special critical habitat license plates for which the designs are approved by the commissioner on or after January 1, 2006.

 

(d) Special critical habitat license plates, the designs for which are approved by the commissioner on or after January 1, 2006, may be personalized according to section 168.12, subdivision 2a.

 

Sec. 144. Minnesota Statutes 2004, section 169A.63, subdivision 6, is amended to read:

 

Subd. 6. [VEHICLE SUBJECT TO FORFEITURE.] (a) A motor vehicle is subject to forfeiture under this section if it was used in the commission of a designated offense or was used in conduct resulting in a designated license revocation.

 

(b) Motorboats subject to seizure and forfeiture under this section also include their trailers.

 

Sec. 145. Minnesota Statutes 2004, section 216B.2424, subdivision 1, is amended to read:

 

Subdivision 1. [FARM-GROWN CLOSED-LOOP BIOMASS.] (a) For the purposes of this section, "farm-grown closed-loop biomass" means biomass, as defined in section 216C.051, subdivision 7, that:

 

(1) is intentionally cultivated, harvested, and prepared for use, in whole or in part, as a fuel for the generation of electricity;

 

(2) when combusted, releases an amount of carbon dioxide that is less than or approximately equal to the carbon dioxide absorbed by the biomass fuel during its growing cycle; and

 

(3) is fired in a new or substantially retrofitted electric generating facility that is:

 

(i) located within 400 miles of the site of the biomass production; and

 

(ii) designed to use biomass to meet at least 75 percent of its fuel requirements.

 

(b) The legislature finds that the negative environmental impacts within 400 miles of the facility resulting from transporting and combusting the biomass are offset in that region by the environmental benefits to air, soil, and water of the biomass production.

 

(c) Among the biomass fuel sources that meet the requirements of paragraph (a), clause clauses (1) and (2) are poplar, aspen, willow, switch grass, sorghum, alfalfa, and cultivated prairie grass and sustainably managed woody biomass.

 

(d) For the purpose of this section, "sustainably managed woody biomass" means:

 

(1) brush, trees, and other biomass harvested from within designated utility, railroad, and road rights-of-way;


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(2) upland and lowland brush harvested from lands incorporated into brushland habitat management activities of the Minnesota Department of Natural Resources;

 

(3) upland and lowland brush harvested from lands managed in accordance with Minnesota Department of Natural Resources "Best Management Practices for Managing Brushlands";

 

(4) logging slash or waste wood that is created by harvest, precommercial timber stand improvement to meet silvicultural objectives, or by fire, disease, or insect control treatments, and that is managed in compliance with the Minnesota Forest Resources Council's "Sustaining Minnesota Forest Resources: Voluntary Site-Level Forest Management Guidelines for Landowners, Loggers and Resource Managers" as modified by the requirement of this subdivision; and

 

(5) trees or parts of trees that do not meet the utilization standards for pulpwood, posts, bolts, or sawtimber as described in the Minnesota Department of Natural Resources Division of Forestry Timber Sales Manual, 1998, as amended as of May 1, 2005, and the Minnesota Department of Natural Resources Timber Scaling Manual, 1981, as amended as of May 1, 2005, except as provided in paragraph (a), clause (1), and this paragraph, clauses (1) to (3).

 

Sec. 146. Minnesota Statutes 2004, section 216B.2424, is amended by adding a subdivision to read:

 

Subd. 1a. [MUNICIPAL WASTE-TO-ENERGY PROJECT.] (a) This subdivision applies only to a biomass project owned or controlled, directly or indirectly, by two municipal utilities as described in subdivision 5a, paragraph (b).

 

(b) Woody biomass from state-owned land must be harvested in compliance with an adopted management plan and a program of ecologically based third-party certification.

 

(c) The project must prepare a fuel plan on an annual basis after commercial operation of the project as described in the power contract between the project and the public utility, and must also prepare annually certificates reflecting the types of fuel used in the preceding year by the project, as described in the power contract. The fuel plans and certificates shall also be filed with the Minnesota Department of Natural Resources and the Minnesota Department of Commerce within 30 days after being provided to the public utility, as provided by the power contract. Any person who believes the fuel plans, as amended, and certificates show that the project does not or will not comply with the fuel requirements of this subdivision may file a petition with the commission seeking such a determination.

 

(d) The wood procurement process must utilize third-party audit certification systems to verify that applicable best management practices were utilized in the procurement of the sustainably managed biomass. If there is a failure to so verify in any two consecutive years during the original contract term, the farm-grown closed-loop biomass requirements of subdivision 2 must be increased to 50 percent for the remaining contract term period; however, if in two consecutive subsequent years after the increase has been implemented, it is verified that the conditions in this subdivision have been met, then for the remaining original contract term the closed-loop biomass mandate reverts to 25 percent. If there is a subsequent failure to verify in a year after the first failure and implementation of the 50 percent requirement, then the closed-loop percentage shall remain at 50 percent for each remaining year of the contract term.

 

(e) In the closed-loop plantation, no transgenic plants may be used.

 

(f) No wood may be harvested from any lands identified by the final or preliminary Minnesota County Biological Survey as having statewide significance as native plant communities, large populations or concentrations of rare species, or critical animal habitat.


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(g) A wood procurement plan must be prepared every five years and public meetings must be held and written comments taken on the plan and documentation must be provided on why or why not the public inputs were used.

 

(h) Guidelines or best management practices for sustainably managed woody biomass must be adopted by:

 

(1) the Minnesota Department of Natural Resources for managing and maintaining brushland and open land habitat on public and private lands, including, but not limited to, provisions of sections 84.941, 84.942, and 97A.125; and

 

(2) the Minnesota Forest Resources Council for logging slash, using the most recent available scientific information regarding the removal of woody biomass from forest lands, to sustain the management of forest resources as defined by section 89.001, subdivisions 8 and 9, with particular attention to soil productivity, biological diversity as defined by section 89A.01, subdivision 3, and wildlife habitat.

 

These guidelines must be completed by July 1, 2007, and the process of developing them must incorporate public notification and comment.

 

(i) The University of Minnesota Initiative for Renewable Energy and the Environment is encouraged to solicit and fund high-quality research projects to develop and consolidate scientific information regarding the removal of woody biomass from forest and brush lands, with particular attention to the environmental impacts on soil productivity, biological diversity, and sequestration of carbon. The results of this research shall be made available to the public.

 

(j) The two utilities owning or controlling, directly or indirectly, the biomass project described in subdivision 5a, paragraph (b), fund or obtain funding of $150,000 by April 1, 2006, to complete the guidelines or best management practices described in paragraph (h). The expenditures to be funded under this paragraph do not include any of the expenditures to be funded under paragraph (i).

 

Sec. 147. Minnesota Statutes 2004, section 216B.2424, subdivision 2, is amended to read:

 

Subd. 2. [INTERIM EXEMPTION.] (a) A biomass project proposing to use, as its primary fuel over the life of the project, short-rotation woody crops, may use as an interim fuel agricultural waste and other biomass which is not farm-grown closed-loop biomass for up to six years after the project's electric generating facility becomes operational; provided, the project developer demonstrates the project will use the designated short-rotation woody crops as its primary fuel after the interim period and provided the location of the interim fuel production meets the requirements of subdivision 1, paragraph (a), clause (3).

 

(b) A biomass project proposing to use, as its primary fuel over the life of the project, short-rotation woody crops, may use as an interim fuel agricultural waste and other biomass which is not farm-grown closed-loop biomass for up to three years after the project's electric generating facility becomes operational; provided, the project developer demonstrates the project will use the designated short-rotation woody crops as its primary fuel after the interim period.

 

(c) A biomass project that uses an interim fuel under the terms of paragraph (b) may, in addition, use an interim fuel under the terms of paragraph (a) for six years less the number of years that an interim fuel was used under paragraph (b).

 

(d) A project developer proposing to use an exempt interim fuel under paragraphs (a) and (b) must demonstrate to the public utility that the project will have an adequate supply of short-rotation woody crops which meet the requirements of subdivision 1 to fuel the project after the interim period.


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(e) If a biomass project using an interim fuel under this subdivision is or becomes owned or controlled, directly or indirectly, by two municipal utilities as described in subdivision 5a, paragraph (b), the project is deemed to comply with the requirement under this subdivision to use farm-grown closed-loop biomass as its primary fuel if farm-grown closed-loop biomass comprises no less than 25 percent of the fuel used over the life of the project. For purposes of this subdivision, "life of the project" means 20 years from the date the project becomes operational or the term of the applicable power purchase agreement between the project owner and the public utility, whichever is longer.

 

Sec. 148. Minnesota Statutes 2004, section 216B.2424, subdivision 5a, is amended to read:

 

Subd. 5a. [REDUCTION OF BIOMASS MANDATE.] (a) Notwithstanding subdivision 5, the biomass electric energy mandate shall must be reduced from 125 megawatts to 110 megawatts.

 

(b) The Public Utilities Commission shall approve a request pending before the Public Utilities commission as of May 15, 2003, for an amendment amendments to and assignment of a contract for power from power purchase agreement with the owner of a facility that uses short-rotation, woody crops as its primary fuel previously approved to satisfy a portion of the biomass mandate if the developer owner of the project agrees to reduce the size of its project from 50 megawatts to 35 megawatts, while maintaining a an average price for energy at or below the current contract price. in nominal dollars measured over the term of the power purchase agreement at or below $104 per megawatt-hour, exclusive of any price adjustments that may take effect subsequent to commission approval of the power purchase agreement, as amended. The commission shall also approve, as necessary, any subsequent assignment or sale of the power purchase agreement or ownership of the project to an entity owned or controlled, directly or indirectly, by two municipal utilities located north of Constitutional Route No. 8, as described in section 161.114, which currently own electric and steam generation facilities using coal as a fuel and which propose to retrofit their existing municipal electrical generating facilities to utilize biomass fuels in order to perform the power purchase agreement.

 

(c) If the power purchase agreement described in paragraph (b) is assigned to an entity that is, or becomes, owned or controlled, directly or indirectly, by two municipal entities as described in paragraph (b), and the power purchase agreement meets the price requirements of paragraph (b), the commission shall approve any amendments to the power purchase agreement necessary to reflect the changes in project location and ownership and any other amendments made necessary by those changes. The commission shall also specifically find that:

 

(1) the power purchase agreement complies with and fully satisfies the provisions of this section to the full extent of its 35-megawatt capacity;

 

(2) all costs incurred by the public utility and all amounts to be paid by the public utility to the project owner under the terms of the power purchase agreement are fully recoverable pursuant to section 216B.1645;

 

(3) subject to prudency review by the commission, the public utility may recover from its Minnesota retail customers the Minnesota jurisdictional portion of the amounts that may be incurred and paid by the public utility during the full term of the power purchase agreement; and

 

(4) if the purchase power agreement meets the requirements of this subdivision, it is reasonable and in the public interest.

 

(d) The commission shall specifically approve recovery by the public utility of any and all Minnesota jurisdictional costs incurred by the public utility to improve, construct, install, or upgrade transmission, distribution, or other electrical facilities owned by the public utility or other persons in order to permit interconnection of the retrofitted biomass-fueled generating facilities or to obtain transmission service for the energy provided by the facilities to the public utility pursuant to section 216B.1645, and shall disapprove any provision in the power


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purchase agreement that requires the developer or owner of the project to pay the jurisdictional costs or that permit the public utility to terminate the power purchase agreement as a result of the existence of those costs or the public utility's obligation to pay any or all of those costs.

 

Sec. 149. Minnesota Statutes 2004, section 216B.2424, subdivision 6, is amended to read:

 

Subd. 6. [REMAINING MEGAWATT COMPLIANCE PROCESS.] (a) If there remain megawatts of biomass power generating capacity to fulfill the mandate in subdivision 5 after the commission has taken final action on all contracts filed by September 1, 2000, by a public utility, as amended and assigned, this subdivision governs final compliance with the biomass energy mandate in subdivision 5 subject to the requirements of subdivisions 7 and 8.

 

(b) To the extent not inconsistent with this subdivision, the provisions of subdivisions 2, 3, 4, and 5 apply to proposals subject to this subdivision.

 

(c) A public utility must submit proposals to the commission to complete the biomass mandate. The commission shall require a public utility subject to this section to issue a request for competitive proposals for projects for electric generation utilizing biomass as defined in paragraph (f) of this subdivision to provide the remaining megawatts of the mandate. The commission shall set an expedited schedule for submission of proposals to the utility, selection by the utility of proposals or projects, negotiation of contracts, and review by the commission of the contracts or projects submitted by the utility to the commission.

 

(d) Notwithstanding the provisions of subdivisions 1 to 5 but subject to the provisions of subdivisions 7 and 8, a new or existing facility proposed under this subdivision that is fueled either by biomass or by co-firing biomass with nonbiomass may satisfy the mandate in this section. Such a facility need not use biomass that complies with the definition in subdivision 1 if it uses biomass as defined in paragraph (f) of this subdivision. Generating capacity produced by co-firing of biomass that is operational as of April 25, 2000, does not meet the requirements of the mandate, except that additional co-firing capacity added at an existing facility after April 25, 2000, may be used to satisfy this mandate. Only the number of megawatts of capacity at a facility which co-fires biomass that are directly attributable to the biomass and that become operational after April 25, 2000, count toward meeting the biomass mandate in this section.

 

(e) Nothing in this subdivision precludes a facility proposed and approved under this subdivision from using fuel sources that are not biomass in compliance with subdivision 3.

 

(f) Notwithstanding the provisions of subdivision 1, for proposals subject to this subdivision, "biomass" includes farm-grown closed-loop biomass; agricultural wastes, including animal, poultry, and plant wastes; and waste wood, including chipped wood, bark, brush, residue wood, and sawdust.

 

(g) Nothing in this subdivision affects in any way contracts entered into as of April 25, 2000, to satisfy the mandate in subdivision 5.

 

(h) Nothing in this subdivision requires a public utility to retrofit its own power plants for the purpose of co-firing biomass fuel, nor is a utility prohibited from retrofitting its own power plants for the purpose of co-firing biomass fuel to meet the requirements of this subdivision.

 

Sec. 150. Minnesota Statutes 2004, section 216B.2424, subdivision 8, is amended to read:

 

Subd. 8. [AGRICULTURAL BIOMASS REQUIREMENT.] Of the 125 megawatts mandated in subdivision 5, or 110 megawatts mandated in subdivision 5a, at least 75 megawatts of the generating capacity must be generated by facilities that use agricultural biomass as the principal fuel source. For purposes of this subdivision, agricultural biomass includes only farm-grown closed-loop biomass and agricultural waste, including animal, poultry, and plant


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wastes. For purposes of this subdivision, "principal fuel source" means a fuel source that satisfies at least 75 percent of the fuel requirements of an electric power generating facility. Nothing in this subdivision is intended to expand the fuel source requirements of subdivision 5.

 

Sec. 151. Minnesota Statutes 2004, section 282.08, is amended to read:

 

282.08 [APPORTIONMENT OF PROCEEDS TO TAXING DISTRICTS.]

 

The net proceeds from the sale or rental of any parcel of forfeited land, or from the sale of products from the forfeited land, must be apportioned by the county auditor to the taxing districts interested in the land, as follows:

 

(1) the amounts necessary to pay the state general tax levy against the parcel for taxes payable in the year for which the tax judgment was entered, and for each subsequent payable year up to and including the year of forfeiture, must be apportioned to the state;

 

(2) the portion required to pay any amounts included in the appraised value under section 282.01, subdivision 3, as representing increased value due to any public improvement made after forfeiture of the parcel to the state, but not exceeding the amount certified by the clerk of the municipality must be apportioned to the municipal subdivision entitled to it;

 

(3) the portion required to pay any amount included in the appraised value under section 282.019, subdivision 5, representing increased value due to response actions taken after forfeiture of the parcel to the state, but not exceeding the amount of expenses certified by the Pollution Control Agency or the commissioner of agriculture, must be apportioned to the agency or the commissioner of agriculture and deposited in the fund from which the expenses were paid;

 

(4) the portion of the remainder required to discharge any special assessment chargeable against the parcel for drainage or other purpose whether due or deferred at the time of forfeiture, must be apportioned to the municipal subdivision entitled to it; and

 

(5) any balance must be apportioned as follows:

 

(i) The county board may annually by resolution set aside no more than 30 percent of the receipts remaining to be used for timber forest development on tax-forfeited land and dedicated memorial forests, to be expended under the supervision of the county board. It must be expended only on projects approved by the commissioner of natural resources improving the health and management of the forest resource.

 

(ii) The county board may annually by resolution set aside no more than 20 percent of the receipts remaining to be used for the acquisition and maintenance of county parks or recreational areas as defined in sections 398.31 to 398.36, to be expended under the supervision of the county board.

 

(iii) Any balance remaining must be apportioned as follows: county, 40 percent; town or city, 20 percent; and school district, 40 percent, provided, however, that in unorganized territory that portion which would have accrued to the township must be administered by the county board of commissioners.

 

Sec. 152. Minnesota Statutes 2004, section 282.38, subdivision 1, is amended to read:

 

Subdivision 1. [DEVELOPMENT.] In any county where the county board by proper resolution sets aside funds for timber forest development pursuant to section 282.08, clause (3)(a) (5), item (i), or section 459.06, subdivision 2, the Commission commissioner of Iron Range resources and rehabilitation may upon request of the county board assist said county in carrying out any project for the long range development of its timber forest resources through matching of funds or otherwise, provided that any such project shall first be approved by the commissioner of natural resources.


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Sec. 153. Minnesota Statutes 2004, section 296A.18, subdivision 2, is amended to read:

 

Subd. 2. [MOTORBOAT.] Approximately 1-1/2 percent of all gasoline received in this state and 1-1/2 percent of all gasoline produced or brought into this state, except gasoline used for aviation purposes, is being used as fuel for the operation of motorboats on the waters of this state and of the total revenue derived from the imposition of the gasoline fuel tax for uses other than for aviation purposes, 1-1/2 percent of such revenues is the amount of tax on fuel used in motorboats operated on the waters of this state. The amount of unrefunded tax paid on gasoline used for motor boat purposes as computed in this chapter shall be paid into the state treasury and credited to a water recreation account in the special revenue fund for acquisition, development, maintenance, and rehabilitation of sites for public access and boating facilities on public waters; lake and river improvement; state park development; and boat and water safety.

 

Sec. 154. Minnesota Statutes 2004, section 349.12, subdivision 25, is amended to read:

 

Subd. 25. [LAWFUL PURPOSE.] (a) "Lawful purpose" means one or more of the following:

 

(1) any expenditure by or contribution to a 501(c)(3) or festival organization, as defined in subdivision 15a, provided that the organization and expenditure or contribution are in conformity with standards prescribed by the board under section 349.154, which standards must apply to both types of organizations in the same manner and to the same extent;

 

(2) a contribution to an individual or family suffering from poverty, homelessness, or physical or mental disability, which is used to relieve the effects of that poverty, homelessness, or disability;

 

(3) a contribution to an individual for treatment for delayed posttraumatic stress syndrome or a contribution to a program recognized by the Minnesota Department of Human Services for the education, prevention, or treatment of compulsive gambling;

 

(4) a contribution to or expenditure on a public or private nonprofit educational institution registered with or accredited by this state or any other state;

 

(5) a contribution to a scholarship fund for defraying the cost of education to individuals where the funds are awarded through an open and fair selection process;

 

(6) activities by an organization or a government entity which recognize humanitarian or military service to the United States, the state of Minnesota, or a community, subject to rules of the board, provided that the rules must not include mileage reimbursements in the computation of the per diem reimbursement limit and must impose no aggregate annual limit on the amount of reasonable and necessary expenditures made to support:

 

(i) members of a military marching or color guard unit for activities conducted within the state;

 

(ii) members of an organization solely for services performed by the members at funeral services; or

 

(iii) members of military marching, color guard, or honor guard units may be reimbursed for participating in color guard, honor guard, or marching unit events within the state or states contiguous to Minnesota at a per participant rate of up to $35 per diem;

 

(7) recreational, community, and athletic facilities and activities intended primarily for persons under age 21, provided that such facilities and activities do not discriminate on the basis of gender and the organization complies with section 349.154;


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(8) payment of local taxes authorized under this chapter, taxes imposed by the United States on receipts from lawful gambling, the taxes imposed by section 297E.02, subdivisions 1, 4, 5, and 6, and the tax imposed on unrelated business income by section 290.05, subdivision 3;

 

(9) payment of real estate taxes and assessments on permitted gambling premises wholly owned by the licensed organization paying the taxes, or wholly leased by a licensed veterans organization under a national charter recognized under section 501(c)(19) of the Internal Revenue Code, not to exceed:

 

(i) for premises used for bingo, the amount that an organization may expend under board rules on rent for bingo; and

 

(ii) $35,000 per year for premises used for other forms of lawful gambling;

 

(10) a contribution to the United States, this state or any of its political subdivisions, or any agency or instrumentality thereof other than a direct contribution to a law enforcement or prosecutorial agency;

 

(11) a contribution to or expenditure by a nonprofit organization which is a church or body of communicants gathered in common membership for mutual support and edification in piety, worship, or religious observances;

 

(12) payment of the reasonable costs of an audit required in section 297E.06, subdivision 4, provided the annual audit is filed in a timely manner with the Department of Revenue;

 

(13) a contribution to or expenditure on a wildlife management project that benefits the public at-large, provided that the state agency with authority over that wildlife management project approves the project before the contribution or expenditure is made;

 

(14) expenditures, approved by the commissioner of natural resources, by an organization for grooming and maintaining snowmobile trails and all-terrain vehicle trails that are (1) grant-in-aid trails established under section 85.019, or (2) other trails open to public use, including purchase or lease of equipment for this purpose; projects or activities approved by the commissioner of natural resources for:

 

(i) wildlife management projects that benefit the public at large;

 

(ii) grant-in-aid trail maintenance and grooming established under sections 84.83 and 84.927 and other trails open to public use, including purchase or lease of equipment for this purpose; or

 

(iii) supplies and materials for safety training and educational programs coordinated by the Department of Natural Resources, including the Enforcement Division;

 

(15) (14) conducting nutritional programs, food shelves, and congregate dining programs primarily for persons who are age 62 or older or disabled;

 

(16) (15) a contribution to a community arts organization, or an expenditure to sponsor arts programs in the community, including but not limited to visual, literary, performing, or musical arts;

 

(17) (16) an expenditure by a licensed veterans organization for payment of water, fuel for heating, electricity, and sewer costs for a building wholly owned or wholly leased by and used as the primary headquarters of the licensed veterans organization;

 

(18) (17) expenditure by a licensed veterans organization of up to $5,000 in a calendar year in net costs to the organization for meals and other membership events, limited to members and spouses, held in recognition of military service. No more than $5,000 can be expended in total per calendar year under this clause by all licensed veterans organizations sharing the same veterans post home; or


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(19) (18) payment of fees authorized under this chapter imposed by the state of Minnesota to conduct lawful gambling in Minnesota.

 

(b) Notwithstanding paragraph (a), "lawful purpose" does not include:

 

(1) any expenditure made or incurred for the purpose of influencing the nomination or election of a candidate for public office or for the purpose of promoting or defeating a ballot question;

 

(2) any activity intended to influence an election or a governmental decision-making process;

 

(3) the erection, acquisition, improvement, expansion, repair, or maintenance of real property or capital assets owned or leased by an organization, unless the board has first specifically authorized the expenditures after finding that (i) the real property or capital assets will be used exclusively for one or more of the purposes in paragraph (a); (ii) with respect to expenditures for repair or maintenance only, that the property is or will be used extensively as a meeting place or event location by other nonprofit organizations or community or service groups and that no rental fee is charged for the use; (iii) with respect to expenditures, including a mortgage payment or other debt service payment, for erection or acquisition only, that the erection or acquisition is necessary to replace with a comparable building, a building owned by the organization and destroyed or made uninhabitable by fire or natural disaster, provided that the expenditure may be only for that part of the replacement cost not reimbursed by insurance; (iv) with respect to expenditures, including a mortgage payment or other debt service payment, for erection or acquisition only, that the erection or acquisition is necessary to replace with a comparable building a building owned by the organization that was acquired from the organization by eminent domain or sold by the organization to a purchaser that the organization reasonably believed would otherwise have acquired the building by eminent domain, provided that the expenditure may be only for that part of the replacement cost that exceeds the compensation received by the organization for the building being replaced; or (v) with respect to an expenditure to bring an existing building into compliance with the Americans with Disabilities Act under item (ii), an organization has the option to apply the amount of the board-approved expenditure to the erection or acquisition of a replacement building that is in compliance with the Americans with Disabilities Act;

 

(4) an expenditure by an organization which is a contribution to a parent organization, foundation, or affiliate of the contributing organization, if the parent organization, foundation, or affiliate has provided to the contributing organization within one year of the contribution any money, grants, property, or other thing of value;

 

(5) a contribution by a licensed organization to another licensed organization unless the board has specifically authorized the contribution. The board must authorize such a contribution when requested to do so by the contributing organization unless it makes an affirmative finding that the contribution will not be used by the recipient organization for one or more of the purposes in paragraph (a); or

 

(6) a contribution to a statutory or home rule charter city, county, or town by a licensed organization with the knowledge that the governmental unit intends to use the contribution for a pension or retirement fund.

 

Sec. 155. Minnesota Statutes 2004, section 462.357, subdivision 1e, is amended to read:

 

Subd. 1e. [NONCONFORMITIES.] (a) Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless:

 

(1) the nonconformity or occupancy is discontinued for a period of more than one year; or

 

(2) any nonconforming use is destroyed by fire or other peril to the extent of greater than 50 percent of its market value, and no building permit has been applied for within 180 days of when the property is damaged. In this case, a municipality may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property.


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(b) Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. A municipality may, by ordinance, permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety. This subdivision does not prohibit a municipality from enforcing an ordinance that applies to adults-only bookstores, adults-only theaters, or similar adults-only businesses, as defined by ordinance.

 

(c) Notwithstanding paragraph (a), a municipality shall regulate the repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in floodplain areas to the extent necessary to maintain eligibility in the National Flood Insurance Program and not increase flood damage potential or increase the degree of obstruction to flood flows in the floodway.

 

Sec. 156. [473.1565] [METROPOLITAN AREA WATER SUPPLY PLANNING ACTIVITIES; ADVISORY COMMITTEE.]

 

Subdivision 1. [PLANNING ACTIVITIES.] (a) The Metropolitan Council must carry out planning activities addressing the water supply needs of the metropolitan area as defined in section 473.121, subdivision 2. The planning activities must include, at a minimum:

 

(1) development and maintenance of a base of technical information needed for sound water supply decisions including surface and groundwater availability analyses, water demand projections, water withdrawal and use impact analyses, modeling, and similar studies;

 

(2) development and periodic update of a metropolitan area master water supply plan that:

 

(i) provides guidance for local water supply systems and future regional investments;

 

(ii) emphasizes conservation, interjurisdictional cooperation, and long-term sustainability; and

 

(iii) addresses the reliability, security, and cost-effectiveness of the metropolitan area water supply system and its local and subregional components;

 

(3) recommendations for clarifying the appropriate roles and responsibilities of local, regional, and state government in metropolitan area water supply;

 

(4) recommendations for streamlining and consolidating metropolitan area water supply decision-making and approval processes; and

 

(5) recommendations for the ongoing and long-term funding of metropolitan area water supply planning activities and capital investments.

 

(b) The council must carry out the planning activities in this subdivision in consultation with the metropolitan area water supply advisory committee established in subdivision 2.

 

Subd. 2. [ADVISORY COMMITTEE.] (a) A metropolitan area water supply advisory committee is established to assist the council in its planning activities in subdivision 1. The advisory committee has the following membership:

 

(1) the commissioner of agriculture or the commissioner's designee;

 

(2) the commissioner of health or the commissioner's designee;


Journal of the House - 46th Day - Tuesday, April 26, 2005 - Top of Page 2929

(3) the commissioner of natural resources or the commissioner's designee;

 

(4) the commissioner of the pollution control agency or the commissioner's designee;

 

(5) two officials of counties that are located in the metropolitan area, appointed by the governor;

 

(6) five officials of noncounty local governmental units that are located in the metropolitan area, appointed by the governor; and

 

(7) the chair of the Metropolitan Council or the chair's designee, who is chair of the advisory committee.

 

A local government unit in each of the seven counties in the metropolitan area must be represented in the seven appointments made under clauses (5) and (6).

 

(b) Members of the advisory committee appointed by the governor serve at the pleasure of the governor. Members of the advisory committee serve without compensation but may be reimbursed for their reasonable expenses as determined by the Metropolitan Council. The advisory committee expires December 31, 2007.

 

(c) The council must consider the work and recommendations of the advisory committee when the council is preparing its regional development framework.

 

Subd. 3. [REPORTS TO LEGISLATURE.] The council must submit reports to the legislature regarding its findings, recommendations, and continuing planning activities under subdivision 1. The first report must be submitted to the legislature by the date the legislature convenes in 2007 and subsequent reports must be submitted by such date every five years thereafter.

 

[EFFECTIVE DATE.] This section is effective the day following final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.

 

Sec. 157. Minnesota Statutes 2004, section 473.197, subdivision 4, is amended to read:

 

Subd. 4. [DEBT RESERVE; LEVY.] To provide money to pay debt service on bonds issued under the credit enhancement program if pledged revenues are insufficient to pay debt service in repealed subdivision 1 of Minnesota Statutes 2004, section 473.197, the council must maintain a debt reserve fund in the manner and with the effect provided by section 118A.04 for public funds until such a reserve is no longer pledged or otherwise needed to pay debt service on such bonds. To provide funds for the debt reserve fund, the council may use up to $3,000,000 of the proceeds of solid waste bonds issued by the council under section 473.831 before its repeal. To provide additional funds for the debt reserve fund, the council may levy a tax on all taxable property in the metropolitan area and must levy the tax If sums in the debt reserve fund are insufficient to cure any deficiency in the debt service fund established for the bonds, the council must levy a tax on all taxable property in the metropolitan area in the amount needed to cure the deficiency. The tax authorized by this section does not affect the amount or rate of taxes that may be levied by the council for other purposes and is not subject to limit as to rate or amount.

 

[EFFECTIVE DATE.] This section is effective the day following final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.

 

Sec. 158. Minnesota Statutes 2004, section 477A.12, is amended by adding a subdivision to read:

 

Subd. 4. [ANNUAL APPROPRIATION FOR FISCAL YEAR 2007 AND EACH YEAR THEREAFTER.] Notwithstanding subdivision 3, for the payment made in fiscal year 2007 and each year thereafter, the appraised value of acquired natural resources land that was acquired or received prior to July 1, 2004, shall be the value used for the payment made in fiscal year 2006.


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Sec. 159. Minnesota Statutes 2004, section 477A.145, is amended to read:

 

477A.145 [INFLATION ADJUSTMENT.]

 

Subdivision 1. [INFLATION ADJUSTMENT CALCULATION.] In 2001 and each year thereafter, the amounts required to be adjusted for inflation in sections 477A.12 and 477A.14 shall be increased to an amount equal to: (1) the amount before the inflation adjustment multiplied by (2) one plus the percentage increase in the implicit price deflator for government consumption expenditures and gross investment for state and local governments prepared by the Bureau of Economic Analysis of the United States Department of Commerce for the period indicated below:

 

(i) the period starting with the first quarter of 1994 and ending with the third quarter of the calendar year prior to the year in which aid is paid, provided that lands acquired by the state under chapter 84A that are designated as state parks, state recreation areas, scientific and natural areas, or wildlife management areas are included in the definition of acquired natural resource land under section 477A.11 for calculating payments in calendar year 2001 and thereafter;

 

(ii) otherwise the period starting with the first quarter of 1987 and ending with the third quarter of the calendar year prior to the year in which the aid is paid.

 

These adjusted amounts must be rounded to the nearest one-tenth of a cent.

 

Subd. 2. [ADJUSTMENTS FOR FISCAL YEAR 2007 AND EACH YEAR THEREAFTER.] Notwithstanding subdivision 1, for the payments made in fiscal year 2007 and each year thereafter, the inflation adjustments shall be the amounts determined for the payment made in fiscal year 2006.

 

Sec. 160. Laws 2003, chapter 128, article 1, section 9, subdivision 6, is amended to read:

 

Subd. 6. Recreation 7,622,000 5,870,000

 

Summary by Fund

 

Trust Fund 5,622,000 5,870,000

 

State Land and Conservation Account (LAWCON)

 

2,000,000

 

(a) State Park and Recreation Area Land Acquisition

 

$750,000 the first year and $750,000 the second year are from the trust fund to the commissioner of natural resources to acquire in-holdings for state park and recreation areas. Land acquired with this appropriation must be sufficiently improved to meet at least minimum management standards as determined by the commissioner of natural resources. This appropriation is available until June 30, 2006, at which time the project must be completed and final products delivered, unless an earlier date is specified in the work program.


Journal of the