STATE OF
MINNESOTA
SPECIAL
SESSION - 2021
_____________________
EIGHTH
DAY
Saint Paul, Minnesota, Tuesday, June 22, 2021
The House of Representatives convened at
4:00 p.m. and was called to order by Samantha Vang, Speaker pro tempore.
Prayer was offered by the Reverend Richard
D. Buller, Valley Community Presbyterian Church, Golden Valley, 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:
Acomb
Agbaje
Akland
Albright
Anderson
Backer
Bahr
Baker
Becker-Finn
Bennett
Berg
Bernardy
Bierman
Bliss
Boe
Boldon
Burkel
Carlson
Christensen
Daniels
Daudt
Davids
Davnie
Demuth
Dettmer
Drazkowski
Ecklund
Edelson
Elkins
Erickson
Feist
Fischer
Franke
Franson
Frazier
Frederick
Freiberg
Garofalo
Gomez
Green
Greenman
Gruenhagen
Haley
Hamilton
Hansen, R.
Hanson, J.
Hassan
Hausman
Heinrich
Heintzeman
Her
Hertaus
Hollins
Hornstein
Howard
Huot
Igo
Johnson
Jordan
Jurgens
Keeler
Kiel
Klevorn
Koegel
Kotyza-Witthuhn
Koznick
Kresha
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Lucero
Lueck
Mariani
Marquart
Masin
McDonald
Mekeland
Miller
Moller
Moran
Morrison
Mortensen
Mueller
Munson
Murphy
Nash
Nelson, M.
Nelson, N.
Neu Brindley
Noor
Novotny
O'Driscoll
Olson, B.
Olson, L.
O'Neill
Pelowski
Petersburg
Pfarr
Pierson
Pinto
Poston
Pryor
Quam
Raleigh
Rasmusson
Reyer
Richardson
Robbins
Sandell
Sandstede
Schomacker
Schultz
Scott
Stephenson
Sundin
Swedzinski
Theis
Thompson
Torkelson
Urdahl
Vang
Wazlawik
West
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
A quorum was present.
Bahner and Grossell were excused.
The Chief Clerk proceeded to read the
Journal of the preceding day. There
being no objection, further reading of the Journal was dispensed with and the
Journal was approved as corrected by the Chief Clerk.
REPORTS
OF STANDING COMMITTEES AND DIVISIONS
Moran from the Committee on Ways and Means to which was referred:
H. F. No. 5, A bill for an act relating to environment; modifying prior appropriation; appropriating money for cost-share program; amending Laws 2019, First Special Session chapter 4, article 1, section 2, subdivision 10.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE 1
ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS
Section 1. ENVIRONMENT
AND NATURAL RESOURCES APPROPRIATIONS.
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The sums shown in the columns marked
"Appropriations" are appropriated to the agencies and for the
purposes specified in this article. The
appropriations are from the general fund, or another named fund, and are
available for the fiscal years indicated for each purpose. The figures "2022" and
"2023" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2022, or June 30, 2023,
respectively. "The first year"
is fiscal year 2022. "The second
year" is fiscal year 2023. "The
biennium" is fiscal years 2022 and 2023.
Appropriations and cancellations for the fiscal year ending June 30,
2021, are effective the day following final enactment.
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APPROPRIATIONS |
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Available for the Year |
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Ending June 30 |
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2022 |
2023 |
Sec. 2. POLLUTION
CONTROL AGENCY |
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Subdivision 1. Total
Appropriation |
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$112,170,000 |
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$111,568,000 |
Appropriations
by Fund |
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2022
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2023
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General |
8,339,000
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7,285,000
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State Government Special Revenue |
75,000
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75,000
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Environmental |
89,210,000
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89,662,000
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Remediation |
14,546,000
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14,546,000
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The amounts that may be spent for each
purpose are specified in the following subdivisions.
The
commissioner must present the agency's biennial budget for fiscal years 2024
and 2025 to the legislature in a transparent way by agency division, including
the proposed budget bill and presentations of the budget to committees and
divisions with jurisdiction over the agency's budget.
Subd. 2. Environmental
Analysis and Outcomes |
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14,712,000
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13,890,000
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Appropriations
by Fund |
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2022 |
2023
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General |
1,292,000
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224,000
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Environmental |
13,219,000
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13,465,000
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Remediation |
201,000
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201,000
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(a) $99,000 the first year and $109,000 the
second year are from the general fund for:
(1) a municipal liaison to assist
municipalities in implementing and participating in the rulemaking process for
water quality standards and navigating the NPDES/SDS permitting process;
(2) enhanced economic analysis in the rulemaking process for water quality standards, including more-specific analysis and identification of cost-effective permitting;
(3) developing statewide economic analyses
and templates to reduce the amount of information and time required for
municipalities to apply for variances from water quality standards; and
(4) coordinating with the Public Facilities
Authority to identify and advocate for the resources needed for municipalities
to achieve permit requirements.
(b) $205,000 the first year and $205,000
the second year are from the environmental fund for a monitoring program under
Minnesota Statutes, section 116.454.
(c) $115,000 the first year and $115,000
the second year are for monitoring water quality and operating assistance
programs.
(d) $347,000 the first year and $347,000
the second year are from the environmental fund for monitoring ambient air for
hazardous pollutants.
(e) $90,000 the first year and $90,000 the
second year are from the environmental fund for duties related to harmful
chemicals in children's products under Minnesota Statutes, sections 116.9401 to
116.9407. Of this amount, $57,000 each
year is transferred to the commissioner of health.
(f)
$109,000 the first year and $109,000 the second year are from the environmental
fund for registering wastewater laboratories.
(g)
$926,000 the first year and $926,000 the second year are from the environmental
fund to continue perfluorochemical biomonitoring in eastern metropolitan
communities, as recommended by the Environmental Health Tracking and
Biomonitoring Advisory Panel, and to address other environmental health risks,
including air quality. The communities
must include Hmong and other immigrant farming communities. Of this amount, up to $689,000 the first year
and $689,000 the second year are for transfer to the Department of Health.
(h) $51,000 the first year and $51,000 the
second year are from the environmental fund for the listing procedures for
impaired waters required under this act.
(i) $350,000 the first year is for
completing the St. Louis River mercury total maximum daily load study. This is a onetime appropriation.
(j) $141,000 the first year and $141,000
the second year are from the environmental fund to implement and enforce
Minnesota Statutes, section 325F.071. Of
this amount, up to $65,000 each year may be transferred to the commissioner of
health.
(k) $600,000 the first year is to develop
and implement an initiative to reduce sources of perfluoroalkyl and
polyfluoroalkyl substances (PFAS) in the environment that are eventually
conveyed to municipal wastewater treatment facilities. In developing and implementing the
initiative, the commissioner must work in cooperation with the Department of
Health and with an advisory group consisting of one representative designated
by each of the following: the League of
Minnesota Cities; the Coalition of Greater Minnesota Cities; the Minnesota
Environmental Science and Economic Review Board; the Minnesota Municipal
Utilities Association; Metropolitan Council Environmental Services; Minnesota
Association of Small Cities; National Waste and Recycling Association;
Minnesota Rural Water Association; Association of Minnesota Counties; Solid
Waste Administrators Association; Partnership on Waste and Energy; Minnesota
Resource Recovery Association; Minnesota InterCounty Association; Minnesota
Manufacturer's Coalition; and the Association of Metropolitan Municipalities. In developing and implementing the municipal
initiative, the commissioner must:
(1) identify sources of PFAS introduced
into the environment that are eventually conveyed to municipal wastewater
treatment facilities and contained in solid waste that are disposed at solid
waste facilities;
(2) identify source reduction strategies that can effectively reduce the amount of PFAS entering the environment that are eventually conveyed to municipal wastewater treatment facilities or are disposed at solid waste facilities;
(3) publish and distribute throughout the
state guidance documents for local governments that include education materials
about effective strategies to reduce PFAS sources;
(4) identify issues for future study; and
(5) by January 31, 2023, report to the
chairs and ranking minority members of the house of representatives and senate
committees and divisions with jurisdiction over the environment and natural
resources on the development and implementation of the initiative. This is a onetime appropriation.
(l) $104,000 the second year is from the
environmental fund for the purposes of the perfluoroalkyl and polyfluoroalkyl
substances food packaging provisions under Minnesota Statutes, section 325F.075. The base for this appropriation in fiscal
year 2024 and later is $144,000.
(m) $128,000 the first year is for an
analysis of the Green Tier program. This
is a onetime appropriation.
Subd. 3. Industrial
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16,049,000
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16,077,000
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Appropriations
by Fund |
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2022
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2023
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Environmental |
15,048,000
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15,076,000
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Remediation |
1,001,000
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1,001,000
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(a) $1,001,000 the first year and
$1,001,000 the second year are from the remediation fund for the leaking
underground storage tank program to investigate, clean up, and prevent future
releases from underground petroleum storage tanks and for the petroleum
remediation program for vapor assessment and remediation. These same annual amounts are transferred
from the petroleum tank fund to the remediation fund.
(b) $393,000 the first year and $393,000
the second year are from the environmental fund to further evaluate the use and
reduction of trichloroethylene around Minnesota and identify its potential
health effects on communities. Of this
amount, up to $121,000 each year may be transferred to the commissioner of
health.
(c) $180,000 the first year and $4,000 the
second year are from the environmental fund to purchase air emissions
monitoring equipment to support compliance and enforcement activities.
Subd. 4. Municipal
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9,089,000
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9,182,000
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Appropriations
by Fund |
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2022
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2023
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General |
177,000
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190,000
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State Government Special Revenue |
75,000
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75,000
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Environmental |
8,837,000
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8,917,000
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(a) $177,000 the first year and $190,000
the second year are for:
(1) a municipal liaison to assist
municipalities in implementing and participating in the rulemaking process for
water quality standards and navigating the NPDES/SDS permitting process;
(2) enhanced economic analysis in the
rulemaking process for water quality standards, including more-specific
analysis and identification of cost-effective permitting;
(3) developing statewide economic analyses
and templates to reduce the amount of information and time required for
municipalities to apply for variances from water quality standards; and
(4) coordinating with the Public Facilities
Authority to identify and advocate for the resources needed for municipalities
to achieve permit requirements.
(b) $50,000 the first year and $50,000 the
second year are from the environmental fund for transfer to the Office of
Administrative Hearings to establish sanitary districts.
(c) $952,000 the first year and $952,000
the second year are from the environmental fund for subsurface sewage treatment
system (SSTS) program administration and community technical assistance and
education, including grants and technical assistance to communities for
water-quality protection. Of this
amount, $129,000 each year is for assistance to counties through grants for
SSTS program administration. A county
receiving a grant from this appropriation must submit the results achieved with
the grant to the commissioner as part of its annual SSTS report. Any unexpended balance in the first year does
not cancel but is available in the second year.
(d) $784,000 the first year and $784,000
the second year are from the environmental fund to address the need for
continued increased activity in 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,
section 165.
(e)
Notwithstanding Minnesota Statutes, section 16A.28, the appropriations
encumbered on or before June 30, 2023, as grants or contracts for subsurface
sewage treatment systems, surface water and groundwater assessments, storm
water, and water-quality protection in this subdivision are available until
June 30, 2026.
Subd. 5. Operations
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10,390,000
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10,404,000
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Appropriations
by Fund |
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2022
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2023
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General |
2,531,000
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2,532,000
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Environmental |
5,778,000
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5,791,000
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Remediation |
2,081,000
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2,081,000
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(a) $1,003,000 the first year and
$1,003,000 the second year are from the remediation fund for the leaking
underground storage tank program to investigate, clean up, and prevent future
releases from underground petroleum storage tanks and for the petroleum
remediation program for vapor assessment and remediation. These same annual amounts are transferred
from the petroleum tank fund to the remediation fund.
(b) $2,531,000 the first year and
$2,532,000 the second year are to support agency information technology
services provided at the enterprise and agency level.
(c) $800,000 the first year and $800,000
the second year are from the environmental fund to develop and maintain systems
to support permitting and regulatory business processes and agency data.
(d) The base for the remediation fund in
fiscal year 2025 is $1,901,000.
Subd. 6. Remediation
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11,537,000
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11,537,000
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Appropriations
by Fund |
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2022
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2023
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Environmental |
508,000
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508,000
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Remediation |
11,029,000
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11,029,000
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(a) All money for environmental response,
compensation, and compliance in the remediation fund not otherwise appropriated
is appropriated to the commissioners of the Pollution Control Agency 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 must jointly submit to the commissioner of management and budget
an annual spending plan that maximizes resource use and appropriately allocates
the money between the two departments. This
appropriation is available until June 30, 2023.
(b) $363,000 the first year and $363,000
the second year are from the environmental fund to manage contaminated sediment
projects at multiple sites identified in the St. Louis River remedial
action plan to restore water quality in the St. Louis River Area of
Concern.
(c) $3,198,000 the first year and
$3,198,000 the second year are from the remediation fund for the leaking
underground storage tank program to investigate, clean up, and prevent future
releases from underground petroleum storage tanks and for the petroleum
remediation program for vapor assessment and remediation. These same annual amounts are transferred
from the petroleum tank fund to the remediation fund.
(d) $257,000 the first year and $257,000
the second year are from the remediation fund for transfer to the commissioner
of health for private water-supply monitoring and health assessment costs in
areas contaminated by unpermitted mixed municipal solid waste disposal
facilities and drinking water advisories and public information activities for
areas contaminated by hazardous releases.
Subd. 7. Resource
Management and Assistance |
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39,551,000
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39,586,000
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Appropriations
by Fund |
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2022
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2023 |
General |
1,299,000
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1,299,000
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Environmental |
38,252,000
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38,287,000
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(a) Up to $150,000 the first year and
$150,000 the second year may be transferred from the environmental fund to the
small business environmental improvement loan account under Minnesota Statutes,
section 116.993.
(b) $1,000,000 the first year and
$1,000,000 the second year are for competitive recycling grants under Minnesota
Statutes, section 115A.565. Of this
amount, $300,000 the first year and $300,000
the
second year are from the general fund, and $700,000 the first year and $700,000
the second year are from the environmental fund. This appropriation is available until June
30, 2025.
(c) $694,000 the first year and $694,000
the second year are from the environmental fund for emission-reduction
activities and grants to small businesses and other nonpoint-emission-reduction
efforts. Of this amount, $100,000 the
first year and $100,000 the second year are to continue work with Clean Air
Minnesota, and the commissioner may enter into an agreement with Environmental
Initiative to support this effort.
(d) $18,450,000 the first year and
$18,450,000 the second year are from the environmental fund for SCORE block
grants to counties.
(e) $119,000 the first year and $119,000
the second year are from the environmental fund for environmental assistance
grants or loans under Minnesota Statutes, section 115A.0716.
(f) $400,000 the first year and $400,000
the second year are from the environmental fund for grants to develop and
expand recycling markets for Minnesota businesses.
(g) $750,000 the first year and $750,000
the second year are from the environmental fund for reducing and diverting food
waste, redirecting edible food for consumption, and removing barriers to
collecting and recovering organic waste.
Of this amount, $500,000 each year is for grants to increase food rescue
and waste prevention. This appropriation
is available until June 30, 2025.
(h) $999,000 the first year and $999,000
the second year are for the establishment and implementation of a local
government water infrastructure grant program for local governmental units and
Tribal governments. The base for this
appropriation is $250,000 in fiscal year 2024 and beyond.
(i) $2,719,000 the first year and
$2,719,000 the second year are from the environmental fund for the purposes of
Minnesota Statutes, section 473.844.
(j) Any unencumbered grant and loan
balances in the first year do not cancel but are available for grants and loans
in the second year. Notwithstanding
Minnesota Statutes, section 16A.28, the appropriations encumbered on or before
June 30, 2023, as contracts or grants for environmental assistance awarded
under Minnesota Statutes, section 115A.0716; 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, 2025.
Subd. 8. Watershed
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9,568,000
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9,618,000
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Appropriations
by Fund |
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2022
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2023
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General |
1,959,000
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1,959,000
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Environmental |
7,375,000
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7,425,000
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Remediation |
234,000
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234,000
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(a) $1,959,000 the first year and
$1,959,000 the second year are for grants to delegated counties to administer
the county feedlot program under Minnesota Statutes, section 116.0711,
subdivisions 2 and 3. Money remaining
after the first year is available for the second year.
(b) $208,000 the first year and $208,000
the second year are from the environmental fund for the costs of implementing
general operating permits for feedlots over 1,000 animal units.
(c) $122,000 the first year and $122,000
the second year are from the remediation fund for the leaking underground
storage tank program to investigate, clean up, and prevent future releases from
underground petroleum storage tanks and for the petroleum remediation program
for vapor assessment and remediation. These
same annual amounts are transferred from the petroleum tank fund to the
remediation fund.
Subd. 9. Environmental
Quality Board |
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1,274,000
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1,274,000
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Appropriations
by Fund |
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2022
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2023
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General |
1,081,000
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1,081,000
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Environmental |
193,000
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193,000
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Subd. 10. Transfers
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(a) The commissioner must transfer up to
$25,000,000 the first year and $22,000,000 the second year from the
environmental fund to the remediation fund for purposes of the remediation fund
under Minnesota Statutes, section 116.155, subdivision 2. The base for the transfer in fiscal year 2024
is $19,000,000 and in fiscal year 2025 is $22,000,000.
(b)
Beginning in fiscal year 2022, the commissioner of management and budget must
transfer $100,000 each year from the general fund to the metropolitan landfill
contingency action trust account in the remediation fund to restore the money
transferred from the account as intended under Laws 2003, chapter 128, article
1, section 10, paragraph (e), and Laws 2005, First Special Session chapter 1,
article 3, section 17.
Sec. 3. NATURAL
RESOURCES |
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Subdivision
1. Total Appropriation |
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$328,914,000 |
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$323,797,000 |
Appropriations
by Fund |
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2022 |
2023 |
General |
102,972,000
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99,761,000
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Natural Resources |
109,265,000
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107,510,000 |
Game and Fish |
115,548,000
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115,397,000
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Remediation |
111,000
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111,000
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Permanent School |
1,018,000
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1,018,000
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The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Land
and Mineral Resources Management |
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6,474,000
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6,501,000
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Appropriations
by Fund |
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2022
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2023
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General |
1,874,000
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1,901,000
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Natural Resources |
4,038,000
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4,038,000 |
Game and Fish |
344,000
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344,000
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Permanent School |
218,000
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218,000
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(a) $319,000 the first year and $319,000
the second year are for environmental research relating to mine permitting, of
which $200,000 each year is from the minerals management account in the natural
resources fund and $119,000 each year is from the general fund.
(b) $3,083,000 the first year and
$3,083,000 the second year are from the minerals management account in the
natural resources fund for use as provided under Minnesota Statutes, section
93.2236, paragraph (c), for mineral resource management, projects to enhance
future mineral income, and projects to promote new mineral-resource
opportunities.
(c)
$218,000 the first year and $218,000 the second year are transferred from the
forest suspense account to the permanent school fund and are appropriated from
the permanent school fund to secure maximum long-term economic return from the
school trust lands consistent with fiduciary responsibilities and sound natural
resources conservation and management principles.
(d) $338,000 the first year and $338,000
the second year are from the water management account in the natural resources
fund for mining hydrology.
(e) $42,000 of the fiscal year 2021
general fund appropriations under Laws 2019, First Special Session chapter 4,
article 1, section 3, subdivision 2, is canceled.
Subd. 3. Ecological
and Water Resources |
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39,702,000
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37,321,000
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Appropriations
by Fund |
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2022
|
2023
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General |
21,597,000
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19,516,000
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Natural Resources |
12,581,000
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12,281,000 |
Game and Fish |
5,524,000
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5,524,000
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(a) $4,222,000 the first year and
$4,222,000 the second year are from the invasive species account in the natural
resources fund and $3,681,000 the first year and $2,831,000 the second year are
from the general fund for management, public awareness, assessment and
monitoring research, and water access inspection to prevent the spread of
invasive species; management of invasive plants in public waters; and
management of terrestrial invasive species on state-administered lands. Of this amount, $850,000 the first year from
the general fund is for grants to lake associations to manage aquatic invasive
plant species.
(b) $5,556,000 the first year and
$5,556,000 the second year are from the water management account in the natural
resources fund for only the purposes specified in Minnesota Statutes, section
103G.27, subdivision 2.
(c) $124,000 the first year and $124,000
the second year are for a grant to the Mississippi Headwaters Board for up to
50 percent of the cost of implementing the comprehensive plan for the upper
Mississippi within areas under the board's jurisdiction.
(d) $10,000 the first year and $10,000 the
second year are for payment to the Leech Lake Band of Chippewa Indians to
implement the band's portion of the comprehensive plan for the upper
Mississippi River.
(e)
$264,000 the first year and $264,000 the second year are for grants for up to
50 percent of the cost of implementing the Red River mediation agreement.
(f) $2,298,000 the first year and
$2,298,000 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 (h), clause (1).
(g) $1,300,000 the first year and
$1,000,000 the second year are from the nongame wildlife management account in
the natural resources fund for 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 wildlife information, education, and promotion.
(h) Notwithstanding Minnesota Statutes,
section 84.943, $28,000 the first year and $28,000 the second year from the
critical habitat private sector matching account may be used to publicize the
critical habitat license plate match program.
(i) $6,000,000 the first year and
$6,000,000 the second year are for the following activities:
(1) financial reimbursement and technical
support to soil and water conservation districts or other local units of
government for groundwater-level monitoring;
(2) surface water monitoring and analysis,
including installing monitoring gauges;
(3) groundwater analysis to assist with
water-appropriation permitting decisions;
(4) permit application review incorporating
surface water and groundwater technical analysis;
(5) precipitation data and analysis to
improve irrigation use;
(6) information technology, including
electronic permitting and integrated data systems; and
(7) compliance and monitoring.
(j) $410,000 the first year and $410,000
the second year are from the heritage enhancement account in the game and fish
fund and $500,000 the first year and $500,000 the second year are from the
general fund for grants to the Minnesota Aquatic Invasive Species Research
Center at the University of Minnesota to prioritize, support, and develop
research-based solutions that can reduce the effects of aquatic invasive
species in Minnesota by preventing spread, controlling populations, and
managing ecosystems and to advance knowledge to inspire action by others.
(k)
$300,000 the first year is to address aquatic invasive species in and around
Upper and Lower Red Lake. This is a
onetime appropriation and is available until June 30, 2023.
(l) $105,000 the first year is for a grant
to the city of Madelia for surveying, modeling, and designing floodplain
improvements along the Watonwan River. The
city must submit a copy of the study to the commissioner of natural resources
and to the Federal Emergency Management Agency for possible incorporation into
the Watonwan County digital flood insurance rate maps.
(m) $513,000 the first year is for a grant to the city of Waterville. Of this amount:
(1) $13,000 is to purchase and install a
flood warning gauge on the Cannon River.
The city must work with the commissioner to integrate the gauge with the
state's enhanced flood forecast warning system; and
(2) $500,000 is for a flood study of the
Cannon River dam system. The study must
include data collection and calibration, structure surveying, HEC-HMS model
development and calibration, HEC‑RAS model generation, and modeling
alternative mitigation options.
(n) $14,000 the first year is for a grant
to Blue Earth County for a study of flood control and stormwater management
options for South Bend Township.
(o) $300,000 is for a grant to the city of
Lanesboro to complete the construction, furnishing, and equipping of the
renovation of the Lanesboro dam. This
includes repairs of the hydropower system.
This appropriation is in addition to the appropriation in Laws 2017,
First Special Session chapter 8, article 1, section 3, subdivision 4.
(p) $225,000 the first year is for a grant
to the Waseca County Historical Society to complete phase II of the restoration
of the Hofmann Apiaries honey house and wax shed. This is a onetime appropriation and is
available until June 30, 2024.
(q) $427,000 of the fiscal year 2021
general fund appropriations under Laws 2019, First Special Session chapter 4,
article 1, section 3, subdivision 3, is canceled.
Subd. 4. Forest
Management |
|
54,760,000
|
|
55,265,000
|
Appropriations
by Fund |
||
|
2022
|
2023 |
General |
36,182,000
|
36,687,000 |
Natural Resources |
16,661,000
|
16,661,000
|
Game and Fish |
1,917,000 |
1,917,000 |
(a)
$7,521,000 the first year and $7,521,000 the second year are for prevention, presuppression,
and suppression costs of emergency firefighting and other costs incurred under
Minnesota Statutes, section 88.12. The
amount necessary to pay for presuppression and suppression costs during the
biennium is appropriated from the general fund.
By January 15 of each year, the commissioner of natural resources must
submit a report to the chairs and ranking minority members of the house and
senate committees and divisions having jurisdiction over environment and
natural resources finance that identifies 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
must be deposited into the general fund.
(b) $15,386,000 the first year and
$15,386,000 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.
(c) $1,417,000 the first year and
$1,417,000 the second year are from the heritage enhancement account in the
game and fish fund to advance ecological classification systems (ECS)
scientific management tools for forest and invasive species management.
(d) $855,000 the first year and $863,000
the second year are for the Forest Resources Council to implement the
Sustainable Forest Resources Act.
(e) $1,143,000 the first year and
$1,143,000 the second year are for the Next Generation Core Forestry data
system. Of this appropriation, $868,000
each year is from the general fund and $275,000 each year is from the forest
management investment account in the natural resources fund.
(f) $500,000 the first year and $500,000
the second year are from the forest management investment account in the
natural resources fund for forest road maintenance on state forest roads.
(g) $500,000 the first year and $500,000
the second year are for forest road maintenance on county forest roads.
(h) $500,000 the first year and $500,000
the second year are from the forest management investment account in the
natural resources fund for collecting light detection and ranging data for
forest inventory. This is a onetime
appropriation and is available until June 30, 2024.
(i) $1,250,000 the first year and
$1,250,000 the second year are for accelerated tree planting and increasing
seed collection and conservation-grade tree seedling production at the state
forest nursery and providing cost-share incentives to increase tree planting. This is a onetime appropriation.
(j)
$1,200,000 the first year and $1,200,000 the second year are from the general
fund and $500,000 the first year and $500,000 the second year are from the
heritage enhancement account in the game and fish fund for grants to local
units of government to develop community ash management plans; to identify and
convert ash stands to more diverse, climate-adapted species; and to replace
removed ash trees. Grants awarded under
this paragraph may cover up to 75 percent of eligible costs and may not exceed
$500,000. Matching grants provided
through this appropriation are available to cities, counties, regional
authorities, joint powers boards, towns, Tribal nations, and parks and
recreation boards in cities of the first class.
The commissioner, in consultation with the commissioner of agriculture,
must establish appropriate criteria to determine funding priorities between
submitted requests and to determine activities and expenses that qualify to
meet local match requirements. Money
appropriated for grants under this paragraph may be used to pay reasonable
costs incurred by the commissioner of natural resources to administer the
grants. The general fund base for this
appropriation is $400,000 in fiscal year 2024 and later. The amount in this paragraph from the
heritage enhancement account is onetime.
(k) $75,000 the first year is to refund
timber permit payments as provided under this act. This is a onetime appropriation.
(l) $751,000 of the fiscal year 2021
general fund appropriations under Laws 2019, First Special Session chapter 4,
article 1, section 3, subdivision 4, is canceled.
Subd. 5. Parks
and Trails Management |
|
93,076,000
|
|
91,814,000
|
Appropriations
by Fund |
||
|
2022
|
2023 |
General |
28,963,000
|
28,876,000
|
Natural Resources |
61,813,000
|
60,638,000
|
Game and Fish |
2,300,000
|
2,300,000
|
(a) $6,985,000 the first year and
$6,985,000 the second year are from the natural resources fund for state trail,
park, and recreation area operations. This
appropriation is from revenue deposited in the natural resources fund under
Minnesota Statutes, section 297A.94, paragraph (h), clause (2).
(b) $18,848,000 the first year and
$18,828,000 the second year are from the state parks account in the natural
resources fund to operate and maintain state parks and state recreation areas.
(c)
$1,140,000 the first year and $1,140,000 the second year are from the natural
resources fund for park and trail grants to local units of government on land
to be maintained for at least 20 years for parks or trails. This appropriation is from revenue deposited
in the natural resources fund under Minnesota Statutes, section 297A.94,
paragraph (h), clause (4). Any
unencumbered balance does not cancel at the end of the first year and is
available for the second year.
(d) $9,624,000 the first year and
$9,624,000 the second year are from the snowmobile trails and enforcement
account in the natural resources fund for the snowmobile grants-in-aid program. Any unencumbered balance does not cancel at
the end of the first year and is available for the second year.
(e) $2,435,000 the first year and
$2,435,000 the second year are from the natural resources fund for the
off-highway vehicle grants‑in-aid program. Of this amount, $1,960,000 each year is from
the all-terrain vehicle account; $150,000 each year is from the off-highway
motorcycle account; and $325,000 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.
(f) $1,250,000 the first year and $2,250,000 the second year are from the state land and water conservation account in the natural resources fund for priorities established by the commissioner for eligible state projects and administrative and planning activities consistent with Minnesota Statutes, section 84.0264, and the federal Land and Water Conservation Fund Act. Any unencumbered balance does not cancel at the end of the first year and is available for the second year.
(g) $250,000 the first year and $250,000
the second year are for matching grants for local parks and outdoor recreation
areas under Minnesota Statutes, section 85.019, subdivision 2.
(h) $250,000 the first year and $250,000
the second year are for matching grants for local trail connections under
Minnesota Statutes, section 85.019, subdivision 4c.
(i) $950,000 the first year is from the
all-terrain vehicle account in the natural resources fund for a grant to St. Louis
County to match other funding sources for design, right-of-way acquisition,
permitting, and construction of Phase I of the Voyageur Country ATV Trail
connections in the areas of Cook, Orr, Ash River, Kabetogama Township, and
International Falls to the Voyageur Country ATV Trail system. This is a onetime appropriation and is
available until June 30, 2025.
(j)
$955,000 the first year is from the all-terrain vehicle account in the natural
resources fund for a grant to the city of Ely for new trail connections and a
new bridge across the Beaver River connecting the Prospector trail system to
the Taconite State Trail. This is a
onetime appropriation and is available until June 30, 2025.
(k) $250,000 the first year is from the
all-terrain vehicle account in the natural resources fund for a statewide
all-terrain vehicle (ATV) trails master plan broken out by the Department of
Natural Resources' administrative regions and for an ATV trails and route
inventory from all cooperating agencies with available data broken out by the
Department of Natural Resources' administrative regions. The ATV master plan and inventory must be
completed by February 1, 2023. This
appropriation is available until June 30, 2023.
(l) $1,075,000 the first year and
$1,075,000 the second year are from the water recreation account in the natural
resources fund for maintaining and enhancing public water-access facilities.
(m) $400,000 the first year is for a grant
to the St. Louis and Lake Counties Regional Railroad Authority to
engineer, design, renovate, and construct the Historic Bruce Mine Park and
Mesabi Trailhead and access in the city of Chisholm. This appropriation is available until June
30, 2023.
(n) $614,000 of the fiscal year 2021
general fund appropriations under Laws 2019, First Special Session chapter 4,
article 1, section 3, subdivision 5, is canceled.
Subd. 6. Fish
and Wildlife Management |
|
81,031,000
|
|
81,884,000
|
Appropriations
by Fund |
||
|
2022
|
2023 |
General |
1,729,000
|
2,732,000
|
Natural Resources |
1,982,000
|
1,982,000
|
Game and Fish |
77,320,000
|
77,170,000
|
(a) $8,658,000 the first year and
$8,658,000 the second year are from the heritage enhancement account in the
game and fish fund only for activities specified under Minnesota Statutes,
section 297A.94, paragraph (h), clause (1).
Notwithstanding Minnesota Statutes, section 297A.94, five percent of
this appropriation may be used for expanding hunter and angler recruitment and
retention.
(b) $1,529,000 the first year and
$2,532,000 the second year are from the general fund and $2,425,000 the first
year and $2,425,000 the second year are from the game and fish fund for
planning for
and
emergency response to disease outbreaks in wildlife. Of the game and fish fund appropriation,
$750,000 the first year and $750,000 the second year are from the heritage
enhancement account and are onetime. The
commissioner and the Board of Animal Health must each submit quarterly reports
on chronic wasting disease activities funded in this biennium to the chairs and
ranking minority members of the legislative committees and divisions with
jurisdiction over environment and natural resources and agriculture. The general fund base in fiscal year 2024 and
later is $282,000.
(c) $8,546,000 the first year and
$8,546,000 the second year are from the deer management account for the
purposes identified in Minnesota Statutes, section 97A.075, subdivision 1.
(d) $200,000 the first year and $200,000
the second year are from the general fund and $250,000 the first year and
$250,000 the second year are from the heritage enhancement account in the game
and fish fund for grants for natural-resource-based education and recreation
programs serving youth under Minnesota Statutes, section 84.976. These are onetime appropriations.
(e) Notwithstanding Minnesota Statutes,
section 297A.94, $275,000 the first year and $125,000 the second year are
appropriated from the heritage enhancement account in the game and fish fund
for shooting sports facility grants under Minnesota Statutes, section 87A.10,
including grants for archery facilities.
Grants must be matched with a nonstate match, which may include in-kind
contributions. This is a onetime
appropriation. Of the amount in the
first year, $50,000 is to upgrade the Department of Natural Resources shooting
range database.
(f) $6,000 of the fiscal year 2021 general
fund appropriations under Laws 2019, First Special Session chapter 4, article
1, section 3, subdivision 6, is canceled.
Subd. 7. Enforcement
|
|
48,824,000
|
|
49,645,000
|
Appropriations
by Fund |
||
|
2022
|
2023
|
General |
9,040,000
|
9,862,000
|
Natural Resources |
11,530,000
|
11,530,000 |
Game and Fish |
28,143,000
|
28,142,000
|
Remediation |
111,000 |
111,000 |
(a)
$1,718,000 the first year and $1,718,000 the second year are from the general
fund for enforcement efforts to prevent the spread of aquatic invasive species.
(b) $1,580,000 the first year and
$1,580,000 the second year are from the heritage enhancement account in the
game and fish fund for only the purposes specified under Minnesota Statutes,
section 297A.94, paragraph (h), clause (1).
(c) $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. Any unencumbered balance does not cancel at
the end of the first year and is available for the second year.
(d) $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. Any
unencumbered balance does not cancel at the end of the first year and is
available for the second year.
(e) $250,000 the first year and $250,000
the second year are from the all-terrain vehicle account in the natural
resources fund for grants to qualifying organizations to assist in safety and
environmental education and monitoring trails on public lands under Minnesota
Statutes, section 84.9011. Grants issued
under this paragraph must be issued through a formal agreement with the
organization. By December 15 each year,
an organization receiving a grant under this paragraph must report to the
commissioner with details on expenditures and outcomes from the grant. Of this appropriation, $25,000 each year is
for administering these grants. Any
unencumbered balance does not cancel at the end of the first year and is
available for the second year.
(f) $510,000 the first year and $510,000
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, $498,000 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 administering these grants. Any unencumbered balance does not cancel at
the end of the first year and is available for the second year.
(g) $176,000 the first year and $176,000
the second year are from the game and fish fund for an ice safety program.
(h)
$300,000 the first year is for costs related to responding to civil unrest,
including costs incurred in fiscal year 2021.
This is a onetime appropriation.
(i) $1,250,000 the first year and $2,250,000 the second year are appropriated for inspections, investigations, and enforcement activities taken in conjunction with the Board of Animal Health for the white-tailed deer farm program.
(j) $168,000 of the fiscal year 2021
general fund appropriations under Laws 2019, First Special Session chapter 4,
article 1, section 3, subdivision 7, is canceled.
Subd. 8. Operations
Support |
|
3,400,000
|
|
-0-
|
(a) $3,000,000 the first year is for legal
costs. Of this amount, up to $2,000,000
the first year may be transferred to the Minnesota Pollution Control Agency. This is a onetime appropriation and is
available until June 30, 2025.
(b) $400,000 the first year is for
information technology security and modernization. This is a onetime appropriation.
Subd. 9. Pass
Through Funds |
|
1,647,000
|
|
1,367,000
|
Appropriations
by Fund |
||
|
2022
|
2023
|
|
|
|
General |
187,000
|
187,000
|
Natural Resources |
660,000
|
380,000 |
Permanent School |
800,000
|
800,000
|
(a) $660,000 the first year and $380,000
the second year are from the natural resources fund for grants to be divided
equally between the city of St. Paul for the Como Park Zoo and
Conservatory and the city of Duluth for the Lake Superior Zoo. This appropriation is from revenue deposited
to the natural resources fund under Minnesota Statutes, section 297A.94,
paragraph (h), clause (5).
(b) $187,000 the first year and $187,000
the second year are for the Office of School Trust Lands.
(c) $500,000 the first year and $500,000
the second year are transferred from the forest suspense account in the
permanent school fund, and appropriated from the permanent school fund for
transaction and project management costs for sales and exchanges of school
trust lands within Boundary Waters Canoe Area Wilderness. The base for this transfer and appropriation
is $250,000 in fiscal year 2024 and $150,000 in fiscal year 2025.
(d)
$300,000 the first year and $300,000 the second year are transferred from the
forest suspense account to the permanent school fund and are appropriated from
the permanent school fund for the Office of School Trust Lands.
Subd. 10. ATV
Trail Extensions |
|
|
|
|
(a) The availability of the portion of the
appropriation in Laws 2019, First Special Session chapter 4, article 1, section
3, subdivision 5, paragraph (l), that is for a grant to St. Louis County
to design, plan, permit, acquire right-of-way for, and construct Voyageur
Country ATV Trail from Buyck to Holm Logging Road and to Shuster Road toward
Cook, is extended to June 30, 2023.
(b) The availability of the appropriation
in Laws 2019, First Special Session chapter 4, article 1, section 3,
subdivision 5, paragraph (n), for grants to St. Louis County for the Quad
Cities ATV Club trail construction program, including planning, design,
environmental permitting, right-of-way acquisition, and construction, is
extended to June 30, 2023.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 4. BOARD
OF WATER AND SOIL RESOURCES |
$18,045,000 |
|
$16,740,000 |
(a) $4,823,000 the first year and
$3,423,000 the second year are for natural resources block grants to local
governments to implement the Wetland Conservation Act and shoreland management
program under Minnesota Statutes, chapter 103F, and local water management
responsibilities under Minnesota Statutes, chapter 103B. 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.
Of this amount, $1,400,000 the first year is to provide grants to rural
landowners to replace failing septic systems that inadequately protect
groundwater. Rural landowners, as
defined in Minnesota Statutes, section 17.117, subdivision 4, with income below
300 percent of the federal poverty guidelines for the applicable family size,
shall be eligible for a grant under this section. A grant awarded under this section shall not
exceed the lesser of $5,000 or 35 percent of the cost of replacing the failed
or failing septic system. The issuance
of a loan under Minnesota Statutes, section 17.117, for the purpose of
replacing a failed septic system, shall not preclude a rural landowner from
obtaining a grant under this section or vice versa.
(b) $3,116,000 the first year and
$3,116,000 the second year are for grants and payments to soil and water
conservation districts for the purposes of Minnesota Statutes, sections
103C.321 and 103C.331, and for general purposes, nonpoint engineering, and
implementation
and stewardship of the reinvest in Minnesota reserve program. Expenditures may be made from these
appropriations for supplies and services benefiting soil and water conservation
districts. Any district receiving a
payment under this paragraph must maintain a web page that publishes, at a
minimum, its annual report, annual audit, annual budget, and meeting notices.
(c) $761,000 the first year and $761,000
the second year are to implement, enforce, and provide oversight for the
Wetland Conservation Act, including administering the wetland banking program
and in-lieu fee mechanism.
(d) $1,560,000 the first year and
$1,560,000 the second year are for the following programs:
(1) $260,000 each year is for the feedlot
water quality cost-sharing program for feedlots under 500 animal units and
nutrient and manure management projects in watersheds where there are impaired
waters;
(2) $1,200,000 each year is for
cost-sharing programs of soil and water conservation districts for
accomplishing projects and practices consistent with Minnesota Statutes,
section 103C.501, including perennially vegetated riparian buffers, erosion
control, water retention and treatment, and other high-priority conservation
practices; and
(3) $100,000 each year is for county
cooperative weed management programs and to restore native plants in selected
invasive species management sites.
(e) $166,000 the first year and $166,000
the second year are to provide technical assistance to local drainage
management officials and for the costs of the Drainage Work Group. The board must coordinate with the Drainage
Work Group according to Minnesota Statutes, section 103B.101, subdivision 13.
(f) $100,000 the first year and $100,000
the second year are for a grant to the Red River Basin Commission for water quality
and floodplain management, including administration of programs. This appropriation must be matched by
nonstate funds.
(g) $140,000 the first year and $140,000
the second year are for grants to Area II Minnesota River Basin Projects for
floodplain management.
(h) $125,000 the first year and $125,000
the second year are for conservation easement stewardship.
(i) $240,000 the first year and $240,000
the second year are for a grant to the Lower Minnesota River Watershed District
to defray the annual cost of operating and maintaining sites for dredge spoil
to sustain the state, national, and international commercial and recreational
navigation on the lower Minnesota River.
(j)
The Lower Minnesota River Watershed District may use up to $111,000 from money
appropriated in either fiscal year under Laws 2019, First Special Session
chapter 4, article 1, section 4, paragraph (j), to cover costs associated with
the Seminary Fen Stabilization Project to reduce sedimentation to Seminary Fen
and the Minnesota River.
(k) $675,000 the first year and $675,000
the second year are for soil health practice adoption purposes consistent with
the cost‑sharing provisions of Minnesota Statutes, section 103C.501, and
for soil health program responsibilities in consultation with the University of
Minnesota Office for Soil Health. The
base for this appropriation in fiscal year 2024 and beyond is $203,000.
(l) $1,000,000 the first year and
$1,000,000 the second year are for the water quality and storage program under
Minnesota Statutes, section 103F.05. This
is a onetime appropriation.
(m) Notwithstanding Minnesota Statutes,
section 103C.501, the board may shift money in this section and may adjust the
technical and administrative assistance portion of the funds to leverage
federal or other nonstate funds or to address accountability, oversight, local
government performance, or high-priority needs identified in local water
management plans or comprehensive watershed management plans.
(n) The appropriations for grants and payments
in this section are available until June 30, 2025, except returned grants and
payments are available for two years after they are returned or regranted,
whichever is later. Funds must be
regranted consistent with the purposes of this section. If an appropriation for grants in either year
is insufficient, the appropriation in the other year is available for it.
(o) Notwithstanding Minnesota Statutes,
section 16B.97, grants awarded from appropriations in this section are exempt
from the Department of Administration, Office of Grants Management Policy 08-08
Grant Payments and 08-10 Grant Monitoring.
Sec. 5. METROPOLITAN
COUNCIL |
|
$9,990,000 |
|
$9,990,000 |
Appropriations
by Fund |
||
|
2022 |
2023
|
General |
2,540,000
|
2,540,000
|
Natural Resources |
7,450,000
|
7,450,000 |
(a)
$2,540,000 the first year and $2,540,000 the second year are for
metropolitan-area regional parks operation and maintenance according to
Minnesota Statutes, section 473.351.
(b) $7,450,000 the first year and
$7,450,000 the second year are from the natural resources fund for
metropolitan-area regional parks and trails maintenance and operations. This appropriation is from revenue deposited
in the natural resources fund under Minnesota Statutes, section 297A.94,
paragraph (h), clause (3).
Sec. 6. CONSERVATION
CORPS MINNESOTA |
|
$945,000 |
|
$945,000 |
Appropriations
by Fund |
||
|
2022
|
2023
|
General |
455,000
|
455,000
|
Natural Resources |
490,000
|
490,000
|
Conservation Corps Minnesota may receive
money appropriated from the natural resources fund under this section only as
provided in an agreement with the commissioner of natural resources.
Sec. 7. ZOOLOGICAL
BOARD |
|
$10,139,000 |
|
$9,999,000 |
Appropriations
by Fund |
||
|
2022
|
2023
|
General |
9,809,000
|
9,809,000 |
Natural Resources |
330,000
|
190,000
|
(a) $330,000 the first year and $190,000
the second year are from the natural resources fund from revenue deposited
under Minnesota Statutes, section 297A.94, paragraph (h), clause (5).
(b) The general fund current law base is
$10,267,000 per year in fiscal years 2024 and 2025.
Sec. 8. SCIENCE
MUSEUM |
|
$1,079,000 |
|
$1,079,000 |
Sec. 9. EXPLORE
MINNESOTA TOURISM |
|
$15,434,000 |
|
$14,523,000 |
(a) $500,000 the first year and $500,000
the second year must be matched from nonstate sources to develop maximum
private sector involvement in tourism. Each
$1 of state incentive must be matched with $6 of private sector money. "Matched" means revenue to the
state or documented cash expenditures directly expended to support Explore
Minnesota Tourism programs. Up to
one-half
of the private sector contribution may be in-kind or soft match. The incentive in fiscal year 2022 is based on
fiscal year 2021 private sector contributions.
The incentive in fiscal year 2023 is based on fiscal year 2022 private
sector contributions. This incentive is
ongoing.
(b) Money for marketing grants is
available either year of the biennium. Unexpended
grant money from the first year is available in the second year.
(c) $100,000 each year is for a grant to
the Northern Lights International Music Festival.
(d) $1,000,000 the first year is for a
recovery grant program, including grants for local and Tribal governments, for
tourism, meetings and conventions, and events assistance and promotions. This is a onetime appropriation.
Sec. 10. Laws 2016, chapter 189, article 3, section 3, subdivision 5, is amended to read:
Subd. 5. Parks
and Trails Management |
|
-0- |
|
6,459,000 |
Appropriations by Fund |
||
|
2016 |
2017
|
General |
-0- |
2,929,000 |
Natural Resources |
-0- |
3,530,000 |
$2,800,000 the second year is a onetime appropriation.
$2,300,000 the second year is from the state parks account in the natural resources fund. Of this amount, $1,300,000 is onetime, of which $1,150,000 is for strategic park acquisition.
$20,000 the second year is from the natural resources fund to design and erect signs marking the David Dill trail designated in this act. Of this amount, $10,000 is from the snowmobile trails and enforcement account and $10,000 is from the all-terrain vehicle account. This is a onetime appropriation.
$100,000 the second year is for the improvement of the infrastructure for sanitary sewer service at the Woodenfrog Campground in Kabetogama State Forest. This is a onetime appropriation.
$29,000 the second year is for computer programming related to the transfer-on-death title changes for watercraft. This is a onetime appropriation.
$210,000 the first year is from the water recreation account in the natural resources fund for implementation of Minnesota Statutes, section 86B.532, established in this act. This is a onetime appropriation. The commissioner of natural resources shall seek federal and other nonstate funds to reimburse the department for the initial costs of producing and distributing carbon monoxide boat warning labels. All amounts collected under this paragraph shall be deposited into the water recreation account.
$1,000,000 the second year is from the natural resources fund for a grant to Lake County for construction, including bridges, of the Prospectors ATV Trail System linking the communities of Ely, Babbitt, Embarrass, and Tower; Bear Head Lake and Lake Vermilion-Soudan Underground Mine State Parks; the Taconite State Trail; and the Lake County Regional ATV Trail System. Of this amount, $900,000 is from the all-terrain vehicle account, $50,000 is from the off-highway motorcycle account, and $50,000 is from the off-road vehicle account. This is a onetime appropriation and is available until June 30, 2023.
EFFECTIVE
DATE. This section is
effective retroactively from June 30, 2018.
Sec. 11. Laws 2019, First Special Session chapter 4, article 1, section 3, subdivision 4, is amended to read:
Subd. 4. Forest
Management |
|
50,668,000 |
|
50,603,000 |
Appropriations by Fund |
||
|
2020 |
2021
|
General |
33,651,000 |
33,300,000 |
Natural Resources |
15,619,000 |
15,886,000 |
Game and Fish |
1,398,000 |
1,417,000 |
(a) $7,521,000 the first year and $7,521,000 the second year are for prevention, presuppression, and suppression costs of emergency firefighting and other costs incurred under Minnesota Statutes, section 88.12. The amount necessary to pay for presuppression and suppression costs during the biennium is appropriated from the general fund. By January 15 of each year, the commissioner of natural resources must submit a report to the chairs and ranking minority members of the house and senate committees and divisions having jurisdiction over environment and natural resources finance that identifies 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 must be deposited into the general fund.
(b) $13,869,000 the first year and $14,136,000 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.
(c) $1,398,000 the first year and $1,417,000 the second year are from the heritage enhancement account in the game and fish fund to advance ecological classification systems (ECS) scientific management tools for forest and invasive species management.
(d) $836,000 the first year and $847,000 the second year are for the Forest Resources Council to implement the Sustainable Forest Resources Act.
(e) $1,131,000 the first year and $1,131,000 the second year are for the Next Generation Core Forestry data system. For fiscal year 2022 and later, the distribution for this appropriation is $868,000 from the general fund and $275,000 from the forest management investment account in the natural resources fund.
(f) $500,000 the first year and $500,000 the second year are from the forest management investment account in the natural resources fund for forest road maintenance on state forest roads.
(g) $500,000 the first year and $500,000 the second year are for forest road maintenance on county forest roads.
(h) $700,000 the first or second year is for grants to local units of government to develop community ash management plans; to identify and convert ash stands to more diverse, climate-adapted species; and to replace removed ash trees. This is a onetime appropriation.
(i) Grants awarded under paragraph (h) may cover up to 75 percent of eligible costs and may not exceed $500,000. Matching grants provided through the appropriation are available to cities, counties, regional authorities, joint powers boards, towns, and parks and recreation boards in cities of the first class. The commissioner, in consultation with the commissioner of agriculture, must establish appropriate criteria for determining funding priorities between submitted requests and to determine activities and expenses that qualify to meet local match requirements. Money appropriated for grants under paragraph (h) may be used to pay reasonable costs incurred by the commissioner of natural resources to administer paragraph (h).
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 12. Laws 2019, First Special Session chapter 4, article 1, section 3, subdivision 5, is amended to read:
Subd. 5. Parks
and Trails Management |
|
90,858,000 |
|
88,194,000 |
Appropriations by Fund |
||
|
2020 |
2021 |
General |
26,968,000 |
27,230,000 |
Natural Resources |
61,598,000 |
58,664,000 |
Game and Fish |
2,292,000 |
2,300,000 |
(a) $1,075,000 the first year and $1,075,000 the second year are from the water recreation account in the natural resources fund for maintaining and enhancing public water-access facilities.
(b) $6,344,000 the first year and $6,435,000 the second year are from the natural resources fund for state trail, park, and recreation area operations. This appropriation is from revenue deposited in the natural resources fund under Minnesota Statutes, section 297A.94, paragraph (h), clause (2).
(c) $18,552,000 the first year and $18,828,000 the second year are from the state parks account in the natural resources fund to operate and maintain state parks and state recreation areas.
(d) $890,000 the first year and $890,000 the second year are from the natural resources fund for park and trail grants to local units of government on land to be maintained for at least 20 years for parks or trails. This appropriation is from revenue deposited in the natural resources fund under Minnesota Statutes, section 297A.94, paragraph (h), clause (4). Any unencumbered balance does not cancel at the end of the first year and is available for the second year.
(e) $9,624,000 the first year and $9,624,000 the second year are from the snowmobile trails and enforcement account in the natural resources fund for the snowmobile grants-in-aid program. Any unencumbered balance does not cancel at the end of the first year and is available for the second year.
(f) $1,835,000 the first year and $2,135,000 the second year are from the natural resources fund for the off-highway vehicle grants‑in-aid program. Of this amount, $1,360,000 the first year and $1,660,000 the second year are from the all-terrain vehicle account; $150,000 each year is from the off-highway motorcycle account; and $325,000 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.
(g) $116,000 the first year and $117,000 the second year are from the cross-country-ski account in the natural resources fund for grooming and maintaining cross-country-ski trails in state parks, trails, and recreation areas.
(h) $266,000 the first year and $269,000 the second year are from the state land and water conservation account in the natural resources fund for priorities established by the commissioner for eligible state projects and administrative and planning activities consistent with Minnesota Statutes, section 84.0264, and the federal Land and Water Conservation Fund Act. Any unencumbered balance does not cancel at the end of the first year and is available for the second year.
(i) $250,000 the first year and $250,000 the second year are for matching grants for local parks and outdoor recreation areas under Minnesota Statutes, section 85.019, subdivision 2.
(j) $250,000 the first year and $250,000 the second year are for matching grants for local trail connections under Minnesota Statutes, section 85.019, subdivision 4c.
(k) $600,000 the first year is from the off-road vehicle account for off-road vehicle touring routes and trails. Of this amount:
(1) $200,000 is for a contract with a project administrator to assist the commissioner in planning, designing, and providing a system of state touring routes and trails for off-road vehicles by identifying sustainable, legal routes suitable for licensed four‑wheel drive vehicles and a system of recreational trails for registered off-road vehicles. Any portion of this appropriation not used for the project administrator is available for signage or promotion and implementation of the system. This is a onetime appropriation.
(2) $200,000 is for a contract and related work to prepare a comprehensive, statewide, strategic master plan for off-road vehicle touring routes and trails. This is a onetime appropriation and is available until June 30, 2022. Any portion of this appropriation not used for the master plan is returned to the off‑road vehicle account. At a minimum, the plan must: identify opportunities to develop or enhance new, high-quality, comprehensive touring routes and trails for off-road vehicles in a system that serves regional and tourist destinations; enhance connectivity with touring routes and trails for off-road vehicles; provide opportunities for promoting economic development in greater Minnesota; help people connect with the outdoors in a safe and environmentally sustainable manner; create new and support existing opportunities for social, economic, and cultural benefits and meaningful and mutually beneficial relationships for users of off-road vehicles and the communities that host trails for off-road vehicles; and promote cooperation with local, state, Tribal, and federal governments; organizations; and other interested partners.
(3) $200,000 is to share the cost by reimbursing federal, Tribal, state, county, and township entities for additional needs on roads under their jurisdiction when the needs are a result of increased use by off-road vehicles and are attributable to a border-to-border touring route established by the commissioner. This paragraph applies to roads that are operated by a public road authority as defined in Minnesota Statutes, section 160.02, subdivision 25. This is a onetime appropriation and is available until June 30, 2023. To be eligible for reimbursement under this paragraph, the claimant must demonstrate that: the needs result from additional traffic generated by the border-to-border touring route; and increased use attributable to a border-to-border touring route has caused at least a 50 percent increase in maintenance costs for roads under the claimant's jurisdiction, based on a ten-year maintenance average. The commissioner may accept an alternative to the ten‑year maintenance average if a jurisdiction does not have sufficient maintenance records. The commissioner has discretion to accept an alternative based on a good-faith effort by the jurisdiction. Any alternative should include baseline maintenance costs for at least two years before the year the route begins operating. The ten-year maintenance average or any alternative must be calculated from the years immediately preceding the year the route begins operating. Before reimbursing a claim under this paragraph, the commissioner must consider whether the claim is consistent with claims made by other entities that administer roads on the touring route, in terms of the amount requested for reimbursement and the frequency of claims made.
(l) $600,000 the first year is from the all-terrain vehicle account in the natural resources fund for grants to St. Louis County. Of this amount, $100,000 is for a grant to St. Louis County for an environmental assessment worksheet for the overall construction of the Voyageur Country ATV Trail system and connections, and $500,000 is for a grant to St. Louis County to design, plan, permit, acquire right-of-way for, and construct Voyageur Country ATV Trail from Buyck to Holmes Logging Road and to Shuster Road toward Cook. This is a onetime appropriation.
(m) $2,400,000 the first year is from the all-terrain vehicle account in the natural resources fund. Of this amount, $1,300,000 is for a grant to Lake County to match other funding sources to develop the Prospector Loop Trail system and $1,100,000 is for acquisition, design, environmental review, permitting, and construction for all‑terrain vehicle use on the Taconite State Trail between Ely and Purvis Forest Management Road.
(n) $950,000 the first year and $950,000 the second year are from the all-terrain vehicle account in the natural resources fund for grants to St. Louis County for the Quad Cities ATV Club trail construction program for planning, design, environmental permitting, right-of-way acquisition, and construction of up to 24
miles of trail connecting the cities of Mountain Iron, Virginia, Eveleth, Gilbert, Hibbing, and Chisholm to the Laurentian Divide, County Road 303, the Taconite State Trail, and Biwabik and from Pfeiffer Lake Forest Road to County Road 361. This is a onetime appropriation.
(o) $75,000 the first year is from the general fund for signage and interpretative resources necessary for naming state park assets and a segment of the St. Croix River State Water Trail after Walter F. Mondale as provided in this act.
(p) $150,000 the first year is from the all-terrain vehicle account in the natural resources fund for a grant to Crow Wing County to plan and design a multipurpose bridge on the Mississippi River Northwoods Trail across Sand Creek located five miles northeast of Brainerd along the Mississippi River.
(q) $75,000 the first year is from the
off-highway motorcycle account in the natural resources fund to complete a
master plan for off-highway motorcycle trail planning and development. This is a onetime appropriation and is
available until June 30, 2022.
EFFECTIVE
DATE. This section is
effective retroactively from July 1, 2019.
ARTICLE 2
ENVIRONMENT AND NATURAL RESOURCES POLICY
Section 1. Minnesota Statutes 2020, section 16B.335, subdivision 2, is amended to read:
Subd. 2.
Other projects. All other capital projects for which a
specific appropriation is made must not proceed until the recipient undertaking
the project has notified the chairs and ranking minority members of the senate
Capital Investment and Finance Committees and the house of representatives
Capital Investment and Ways and Means Committees that the work is ready to
begin. Notice is not required for:
(1) capital projects needed to comply
with the Americans with Disabilities Act, for;
(2) asset preservation projects to
which section 16B.307 applies, or for;
(3) projects funded by an agency's operating budget; or
(4) projects funded by a capital asset
preservation and replacement account under section 16A.632, or a higher
education asset preservation and replacement account under section 135A.046,
or a natural resources asset preservation and replacement account under section
84.946.
Sec. 2. Minnesota Statutes 2020, section 17.4982, subdivision 6, is amended to read:
Subd. 6. Certifiable diseases. "Certifiable diseases" includes any of the following expressed as clinical symptoms or based on the presence of the pathogen: channel catfish virus, Renibacterium salmoninarum (bacterial kidney disease), Aeromonas salmonicida (bacterial furunculosis), Yersinia ruckeri (enteric redmouth disease), Edwardsiella ictaluri (enteric septicemia of catfish), infectious hematopoietic necrosis virus, infectious pancreatic necrosis virus, Myxobolus cerebralis (whirling disease), Tetracapsuloides bryosalmonae (proliferative kidney disease), viral hemorrhagic septicemia virus, epizootic epitheliotropic virus, Ceratomyxa shasta (ceratomyxosis), and any emergency fish disease.
Sec. 3. Minnesota Statutes 2020, section 17.4982, subdivision 8, is amended to read:
Subd. 8. Containment
facility. "Containment
facility" means a licensed facility for salmonids, catfish, or species on
the viral hemorrhagic septicemia (VHS) susceptible list published by the
United States Department of Agriculture, Animal and Plant Health Inspection
Services, VHS-susceptible-species list that complies with clauses
(1), (3), and (4), or clauses (2), (3), and (4):
(1) disinfects its effluent to the standards in section 17.4991 before the effluent is discharged to public waters;
(2) does not discharge to public waters or to waters of the state directly connected to public waters;
(3) raises aquatic life that is prohibited from being released into the wild and must be kept in a facility approved by the commissioner unless processed for food consumption;
(4) contains aquatic life requiring a fish health inspection prior to transportation.
Sec. 4. Minnesota Statutes 2020, section 17.4982, subdivision 9, is amended to read:
Subd. 9. Emergency fish disease. "Emergency fish disease" means designated fish diseases or pathogens not already present in this state that could impact populations of aquatic life if inadvertently released by infected aquatic life, including channel catfish virus, viral hemorrhagic septicemia virus, infectious hematopoietic necrosis virus, infectious pancreatic necrosis virus, whirling disease, ceratomyxosis, proliferative kidney disease, and epizootic epitheliotropic virus disease.
Sec. 5. Minnesota Statutes 2020, section 17.4982, subdivision 12, is amended to read:
Subd. 12. Fish health inspection. (a) "Fish health inspection" means an on-site, statistically based sampling, collection, and testing of fish in accordance with processes in the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal Diseases, published by the International Office of Epizootics (OIE) to test for causative pathogens. The samples for inspection must be collected by a fish health inspector or a fish collector in cooperation with the producer. Testing of samples must be done by an approved laboratory.
(b) The inspection for viral hemorrhagic septicemia (VHS), infectious pancreatic necrosis (IPN), and infectious hematopoietic necrosis (IHN) in salmonids and for VHS in nonsalmonids must include at a minimum viral testing of ovarian fluids at the 95 percent confidence level of detecting two percent incidence of disease.
(c) The inspection for certifiable diseases and pathogens for wild fish must follow the guidelines of the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal Diseases.
Sec. 6. Minnesota Statutes 2020, section 17.4982, is amended by adding a subdivision to read:
Subd. 21a. VHS-susceptible
species. "VHS-susceptible
species" are aquatic species that are natural hosts for viral hemorrhagic
septicemia according to the Fish Health Blue Book or the book's successor.
Sec. 7. Minnesota Statutes 2020, section 17.4982, is amended by adding a subdivision to read:
Subd. 21b. VHS-susceptible-species
list. "VHS-susceptible-species
list" is the VHS-susceptible species listed in the Fish Health Blue Book
that are found in or that can survive in the Great Lakes region.
Sec. 8. Minnesota Statutes 2020, section 17.4985, subdivision 2, is amended to read:
Subd. 2. Bill of lading. (a) A state-issued bill of lading is required for:
(1) intrastate transportation of aquatic
life other than salmonids, catfish, or species on the official list of viral
hemorrhagic septicemia susceptible species published by the United States
Department of Agriculture, Animal and Plant Health Inspection Services, VHS-susceptible-species
list between licensed private fish hatcheries, aquatic farms, or aquarium
facilities licensed for the species being transported if the aquatic life is
being transported into a watershed where it is not currently present, if
walleyes whose original source is south of marked State Highway 210 are being
transported to a facility north of marked State Highway 210, or if the original
source of the aquatic life is outside Minnesota and contiguous states; and
(2) stocking of waters other than
public waters with aquatic life other than salmonids, catfish, or species on
the official list of viral hemorrhagic septicemia susceptible species
published by the United States Department of Agriculture, Animal and Plant
Health Inspection Services VHS-susceptible-species list.
(b) When aquatic life is transported under paragraph (a), a copy of the bill of lading must be submitted to the regional fisheries manager at least 72 hours before the transportation.
(c) For transportation and stocking of waters that are not public waters:
(1) a bill of lading must be submitted to the regional fisheries manager 72 hours before transporting fish for stocking;
(2) a bill of lading must be submitted to the regional fisheries manager within five days after stocking if the waters to be stocked are confirmed by telecopy or telephone prior to stocking by the regional fisheries office not to be public waters; or
(3) a completed bill of lading may be submitted to the regional fisheries office by telecopy prior to transporting fish for stocking. Confirmation that the waters to be stocked are not public waters may be made by returning the bill of lading by telecopy or in writing, in which cases additional copies need not be submitted to the Department of Natural Resources.
(d) Bill of lading forms may only be issued by the Department of Natural Resources in St. Paul, and new bill of lading forms may not be issued until all previously issued forms have been returned.
Sec. 9. Minnesota Statutes 2020, section 17.4985, subdivision 3, is amended to read:
Subd. 3. Exemptions
for transportation permits and bills of lading.
(a) A state-issued bill of lading or transportation permit is not
required by an aquatic farm licensee for importation of importing
animals not on the official list of viral hemorrhagic septicemia susceptible
species published by the United States Department of Agriculture, Animal and
Plant Health Inspection Services; transportation of VHS-susceptible-species
list, transporting animals not on the official list of viral hemorrhagic
septicemia susceptible species published by the United States Department of
Agriculture, Animal and Plant Health Inspection Services; or export for VHS‑susceptible-species
list, or exporting the following:
(1) minnows taken under an aquatic farm license in this state and transported intrastate;
(2) aquarium or ornamental fish including goldfish and tropical, subtropical, and saltwater species that cannot survive in the waters of the state, which may be imported or transported if accompanied by shipping documents;
(3) fish or fish eggs that have been processed for use as food, bait, or other purposes unrelated to fish propagation;
(4) live fish from a licensed aquatic farm, which may be transported directly to an outlet for processing or for other food purposes if accompanied by shipping documents;
(5) fish being exported if accompanied by shipping documents;
(6) sucker eggs, sucker fry, or fathead
minnows transported intrastate for bait propagation or feeding of cultural
aquatic life, except that if either species becomes listed on the official
list of viral hemorrhagic septicemia susceptible species published by the
United States Department of Agriculture, Animal and Plant Health Inspection
Services VHS-susceptible-species list, then a transportation permit
is required;
(7) species of fish that are found within the state used in connection with public shows, exhibits, demonstrations, or fishing pools for periods not exceeding 14 days;
(8) fish being transported through the state if accompanied by shipping documents; or
(9) intrastate transportation of aquatic
life between or within licensed private fish hatcheries, aquatic farms, or
aquarium facilities licensed for the species being transported, except where
required in subdivision 2 and except that salmonids, catfish, or species on the
official list of viral hemorrhagic septicemia susceptible species published
by the United States Department of Agriculture, Animal and Plant Health
Inspection Services, VHS-susceptible-species list may only be
transferred or transported intrastate without a transportation permit if they
had no record of bacterial kidney disease or viral hemorrhagic septicemia at
the time they were imported into the state and if they have had a fish health
inspection within the preceding year that has shown no certifiable diseases to
be present.
Aquatic life being transferred between
licensed private fish hatcheries, aquatic farms, or aquarium facilities must be
accompanied by shipping documents and salmonids, catfish, or species on the official
list of viral hemorrhagic septicemia susceptible species published by the
United States Department of Agriculture, Animal and Plant Health Inspection
Services, VHS-susceptible-species list being transferred or
transported intrastate without a transportation permit must be accompanied by a
copy of their most recent fish health inspection.
(b) Shipping documents required under paragraph (a) must show the place of origin, owner or consignee, destination, number, and species.
Sec. 10. Minnesota Statutes 2020, section 17.4985, subdivision 5, is amended to read:
Subd. 5. Permit
application. An application for a
transportation permit must be made on forms provided by the commissioner. An incomplete application must be rejected. An application for a transportation permit
for salmonids, catfish, or species on the official list of viral hemorrhagic
septicemia susceptible species published by the United States Department of
Agriculture, Animal and Plant Health Inspection Services, VHS-susceptible-species
list; their eggs,; or their sperm must be accompanied
by certification that the source of the eggs or sperm are free of certifiable
diseases, except that eggs with enteric redmouth, whirling disease, or
furunculosis may be imported, transported, or stocked following treatment
approved by the commissioner, and fish with bacterial kidney disease or viral
hemorrhagic septicemia may be imported, transported, or stocked into areas
where the disease has been identified as being present. A copy of the transportation permit showing
the date of certification inspection must accompany the shipment of fish while
in transit and must be available for inspection by the commissioner. By 14 days after a completed application is
received, the commissioner must approve or deny the importation permits as
provided in this section.
Sec. 11. Minnesota Statutes 2020, section 17.4986, subdivision 2, is amended to read:
Subd. 2. Licensed facilities. (a) The commissioner shall issue transportation permits to import:
(1) indigenous and naturalized species
except trout, salmon, catfish, or species on the official list of viral
hemorrhagic septicemia susceptible species published by the United States
Department of Agriculture, Animal and Plant Health Inspection Services, VHS-susceptible-species
list and sperm from any source to a standard facility;
(2)
trout, salmon, catfish, or species on the official list of viral hemorrhagic
septicemia susceptible species published by the United States Department of
Agriculture, Animal and Plant Health Inspection Services, VHS‑susceptible-species
list from a nonemergency enzootic disease area to a containment facility if
the fish are certified within the previous year to be free of certifiable
diseases, except that eggs with enteric redmouth, whirling disease, or
furunculosis may be imported following treatment approved by the commissioner,
and fish with bacterial kidney disease or viral hemorrhagic septicemia may be
imported into areas where the disease has been identified as being present; and
(3) trout, salmon, catfish, or species on
the official list of viral hemorrhagic septicemia susceptible species
published by the United States Department of Agriculture, Animal and Plant
Health Inspection Services, VHS‑susceptible-species list from
a facility in a nonemergency enzootic disease area with a disease-free history
of three years or more to a standard facility, except that eggs with enteric
redmouth, whirling disease, or furunculosis may be imported following treatment
approved by the commissioner, and fish with bacterial kidney disease or viral
hemorrhagic septicemia may be imported into areas where the disease has been
identified as being present.
(b) If a source facility in a nonemergency enzootic disease area cannot demonstrate a history free from disease, aquatic life may only be imported into a quarantine facility.
Sec. 12. Minnesota Statutes 2020, section 17.4986, subdivision 4, is amended to read:
Subd. 4. Disease-free
history. Disease-free histories
required under this section must include the results of a fish health
inspection. When disease-free histories
of more than one year are required for importing salmonids, catfish, or species
on the official list of viral hemorrhagic septicemia susceptible species
published by the United States Department of Agriculture, Animal and Plant
Health Inspection Services VHS-susceptible-species list, the disease
history must be of consecutive years that include the year previous to, or the
year of, the transportation request.
Sec. 13. Minnesota Statutes 2020, section 17.4991, subdivision 3, is amended to read:
Subd. 3. Fish
health inspection. (a) An aquatic
farm propagating salmonids, catfish, or species on the viral hemorrhagic
septicemia (VHS) susceptible list published by the United States Department of
Agriculture, Animal and Plant Health Inspection Services, VHS-susceptible-species
list and having an effluent discharge from the aquatic farm into public
waters must have a fish health inspection conducted at least once every 12
months by a certified fish health inspector.
Testing must be conducted according to laboratory methods of the Fish
Health Blue Book or the Diagnostic Manual for Aquatic Animal Diseases,
published by the International Office of Epizootics (OIE).
(b) An aquatic farm propagating any species on the VHS susceptible list and having an effluent discharge from the aquatic farm into public waters must test for VHS virus using the guidelines of the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal Diseases. The commissioner may, by written order published in the State Register, prescribe alternative testing time periods and methods from those prescribed in the Fish Health Blue Book or the OIE Diagnostic Manual if the commissioner determines that biosecurity measures will not be compromised. These alternatives are not subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply. The commissioner must provide reasonable notice to affected parties of any changes in testing requirements.
(c) Results of fish health inspections must be provided to the commissioner for all fish that remain in the state. All data used to prepare and issue a fish health certificate must be maintained for three years by the issuing fish health inspector, approved laboratory, or accredited veterinarian.
(d) A health inspection fee must be charged based on each lot of fish sampled. The fee by check or money order payable to the Department of Natural Resources must be prepaid or paid at the time a bill or notice is received from the commissioner that the inspection and processing of samples is completed.
(e) Upon receipt of payment and completion of inspection, the commissioner shall notify the operator and issue a fish health certificate. The certification must be made according to the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal Diseases by a person certified as a fish health inspector.
(f) All aquatic life in transit or held at transfer stations within the state may be inspected by the commissioner. This inspection may include the collection of stock for purposes of pathological analysis. Sample size necessary for analysis will follow guidelines listed in the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal Diseases.
(g) Salmonids, catfish, or species on the VHS susceptible list must have a fish health inspection before being transported from a containment facility, unless the fish are being transported directly to an outlet for processing or other food purposes or unless the commissioner determines that an inspection is not needed. A fish health inspection conducted for this purpose need only be done on the lot or lots of fish that will be transported. The commissioner must conduct a fish health inspection requested for this purpose within five working days of receiving written notice. Salmonids and catfish may be immediately transported from a containment facility to another containment facility once a sample has been obtained for a health inspection or once the five-day notice period has expired.
Sec. 14. Minnesota Statutes 2020, section 17.4992, subdivision 2, is amended to read:
Subd. 2. Restriction
on the sale of fish. (a) Except as
provided in paragraph (b), species on the official list of viral hemorrhagic
septicemia susceptible species published by the United States Department of
Agriculture, Animal and Plant Health Inspection Services, VHS-susceptible-species
list must be free of viral hemorrhagic septicemia and species of the family
salmonidae or ictaluridae, except bullheads, must be free of certifiable
diseases if sold for stocking or transfer to another aquatic farm.
(b) The following exceptions apply to paragraph (a):
(1) eggs with enteric redmouth, whirling disease, or furunculosis may be transferred between licensed facilities or stocked following treatment approved by the commissioner;
(2) fish with bacterial kidney disease or viral hemorrhagic septicemia may be transferred between licensed facilities or stocked in areas where the disease has been identified as being present; and
(3) the commissioner may allow transfer between licensed facilities or stocking of fish with enteric redmouth or furunculosis when the commissioner determines that doing so would pose no threat to the state's aquatic resources.
Sec. 15. Minnesota Statutes 2020, section 17.4993, subdivision 1, is amended to read:
Subdivision 1. Taking
from public waters. (a) Under an
aquatic farm license, a licensee may take only minnow sperm, minnow
eggs, and live minnows for aquatic farm purposes from public waters that
have a water body if:
(1) the water body has been tested
for viral hemorrhagic septicemia when and the testing indicates
the disease is not present; or
(2) the water body is located within a viral-hemorrhagic-septicemia-free zone posted on the Department of Natural Resources website.
(b) A licensee may take sucker eggs and sperm only in approved waters with a sucker egg license endorsement as provided by section 17.4994.
Sec. 16. Minnesota Statutes 2020, section 35.155, subdivision 7, is amended to read:
Subd. 7. Inspection. (a) The Board of Animal Health must annually inspect farmed Cervidae, farmed Cervidae facilities, and farmed Cervidae records. As coordinated by the board, the commissioner of agriculture and an enforcement officer as defined under section 97A.015, subdivision 18, may participate in the inspection.
(b) The annual inspection must include a physical inspection of all perimeter fencing around the facility and a viewing to verify that all animals are tagged. The owner of a farmed Cervidae facility must present to the inspectors an accurate inventory of the owner's farmed Cervidae and other records for review. During an annual inspection, the owner must present individual animals in a herd for a physical inventory, if required by the board.
(c) The commissioner of natural resources may inspect farmed Cervidae, farmed Cervidae facilities, and farmed Cervidae records with reasonable suspicion that laws protecting native wild animals have been violated and must notify the owner in writing at the time of the inspection of the reason for the inspection and must inform the owner in writing after the inspection of whether (1) the cause of the inspection was unfounded; or (2) there will be an ongoing investigation or continuing evaluation.
(d) The commissioner of natural
resources may inspect farmed white-tailed deer according to the concurrent
authority granted under subdivision 14.
Sec. 17. Minnesota Statutes 2020, section 35.155, is amended by adding a subdivision to read:
Subd. 14. Concurrent
authority; regulating farmed white-tailed deer. The commissioner of natural resources
and the Board of Animal Health possess concurrent authority to regulate farmed
white-tailed deer under this section, sections 35.92 to 35.96, and any
administrative rules adopted pursuant to this section or sections 35.92 to
35.96.
Sec. 18. Minnesota Statutes 2020, section 84.027, subdivision 13a, is amended to read:
Subd. 13a. Game
and fish Natural resources expedited permanent rules. (a) In addition to the authority granted
in subdivision 13, the commissioner of natural resources may adopt rules under
section 14.389 that are authorized under:
(1) chapters 97A, 97B, and 97C to describe
zone or permit area boundaries, to designate fish spawning beds or fish
preserves, to select hunters or anglers for areas, to provide for registration
of game or fish, to prevent or control wildlife disease, or to correct errors
or omissions in rules that do not have a substantive effect on the intent or
application of the original rule; or
(2) section 84D.12 to designate prohibited
invasive species, regulated invasive species, and unregulated nonnative species.;
or
(3) section 116G.15 to change the
placement and boundaries of land use districts established in the Mississippi
River Corridor Critical Area.
(b) The commissioner of natural resources may adopt rules under section 14.389 that are authorized under chapters 97A, 97B, and 97C, for purposes in addition to those listed in paragraph (a), clause (1), subject to the notice and public hearing provisions of section 14.389, subdivision 5.
Sec. 19. Minnesota Statutes 2020, section 84.027, subdivision 18, is amended to read:
Subd. 18. Permanent
school fund authority; reporting. (a)
The commissioner of natural resources has the authority and responsibility to
administer school trust lands under sections 92.122 and 127A.31. The commissioner shall biannually biennially
report to the Legislative Permanent School Fund Commission and the legislature
on the management of the school trust lands that shows how the commissioner has
and will continue to achieve the following goals:
(1) manage the school trust lands efficiently and in a manner that reflects the undivided loyalty to the beneficiaries consistent with the commissioner's fiduciary duties;
(2) reduce the management expenditures of school trust lands and maximize the revenues deposited in the permanent school trust fund;
(3) manage the sale, exchange, and commercial leasing of school trust lands, requiring returns of not less than fair market value, to maximize the revenues deposited in the permanent school trust fund and retain the value from the long-term appreciation of the school trust lands;
(4) manage the school trust lands to maximize the long-term economic return for the permanent school trust fund while maintaining sound natural resource conservation and management principles;
(5) optimize school trust land revenues and maximize the value of the trust consistent with balancing short-term and long-term interests, so that long-term benefits are not lost in an effort to maximize short-term gains; and
(6) maintain the integrity of the trust and prevent the misapplication of its lands and its revenues.
(b) When the commissioner finds an irresolvable conflict between maximizing the long-term economic return and protecting natural resources and recreational values on school trust lands, the commissioner shall give precedence to the long-term economic return in managing school trust lands. By July 1, 2018, the permanent school fund must be compensated for all school trust lands included under a designation or policy provision that prohibits long-term economic return. The commissioner shall submit recommendations to the appropriate legislative committees and divisions on methods of funding for the compensation required under this paragraph, including recommendations for appropriations from the general fund, nongeneral funds, and the state bond fund. Any uncompensated designation or policy provision restrictions on the long-term economic return on school trust lands remaining after July 1, 2018, must be compiled and submitted to the Legislative Permanent School Fund Commission for review.
(c) By December 31, 2013, the report required under paragraph (a) must provide an inventory and identification of all school trust lands that are included under a designation or policy provision that prohibits long-term economic return. The report must include a plan to compensate the permanent school fund through the purchase or exchange of the lands or a plan to manage the school trust land to generate long-term economic return to the permanent school fund. Subsequent reports under paragraph (a) must include a status report of the commissioner's progress in maximizing the long-term economic return on lands identified in the 2013 report.
(d) When management practices, policies, or designations by the commissioner diminish or prohibit the long‑term economic return on school trust land, the conflict must be resolved as provided in section 92.122.
Sec. 20. Minnesota Statutes 2020, section 84.415, is amended by adding a subdivision to read:
Subd. 8. Reimbursing
costs. In addition to fees
specified in this section or in rules adopted by the commissioner, the
applicant must reimburse the state for costs incurred for cultural resources
review, monitoring, or other services provided by the Minnesota Historical
Society under contract with the commissioner of natural resources or the State
Historic Preservation Office of the Department of Administration in connection
with the license application, preparing the license terms, or constructing the
utility line.
Sec. 21. [84.625]
CONVEYANCE OF CONSERVATION EASEMENTS.
Notwithstanding any law to the contrary,
the commissioner of natural resources may, on state-owned lands administered by
the commissioner and on behalf of the state, convey conservation easements as
defined in section 84C.01, upon such terms and conditions, including reversion
in the event of nonuse, as the commissioner may determine. Any terms and conditions obligating the state
to incur costs related to monitoring or maintaining a conservation easement
must acknowledge the state is liable for the costs only to the extent of an
available appropriation according to section 16A.138.
Sec. 22. Minnesota Statutes 2020, section 84.63, is amended to read:
84.63
CONVEYANCE OF INTERESTS IN LANDS TO STATE AND, FEDERAL, AND
TRIBAL GOVERNMENTS.
(a) Notwithstanding any existing law to the contrary, the commissioner of natural resources is hereby authorized on behalf of the state to convey to the United States, to a federally recognized Indian Tribe, or to the state of Minnesota or any of its subdivisions, upon state-owned lands under the administration of the commissioner of natural resources, permanent or temporary easements for specified periods or otherwise for trails, highways, roads including limitation of right of access from the lands to adjacent highways and roads, flowage for development of fish and game resources, stream protection, flood control, and necessary appurtenances thereto, such conveyances to be made upon such terms and conditions including provision for reversion in the event of non-user as the commissioner of natural resources may determine.
(b) In addition to the fee for the market value of the easement, the commissioner of natural resources shall assess the applicant the following fees:
(1) an application fee of $2,000 to cover reasonable costs for reviewing the application and preparing the easement; and
(2) a monitoring fee to cover the projected reasonable costs for monitoring the construction of the improvement for which the easement was conveyed and preparing special terms and conditions for the easement. The commissioner must give the applicant an estimate of the monitoring fee before the applicant submits the fee.
(c) The applicant shall pay these fees to the commissioner of natural resources. The commissioner shall not issue the easement until the applicant has paid in full the application fee, the monitoring fee, and the market value payment for the easement.
(d) Upon completion of construction of the improvement for which the easement was conveyed, the commissioner shall refund the unobligated balance from the monitoring fee revenue. The commissioner shall not return the application fee, even if the application is withdrawn or denied.
(e) Money received under paragraph (b) must be deposited in the land management account in the natural resources fund and is appropriated to the commissioner of natural resources to cover the reasonable costs incurred for issuing and monitoring easements.
(f) A county or joint county regional railroad authority is exempt from all fees specified under this section for trail easements on state-owned land.
(g) In addition to fees specified in
this section, the applicant must reimburse the state for costs incurred for
cultural resources review, monitoring, or other services provided by the
Minnesota Historical Society under contract with the commissioner of natural
resources or the State Historic Preservation Office of the Department of
Administration in connection with the easement application, preparing the
easement terms, or constructing the trail, highway, road, or other
improvements.
EFFECTIVE
DATE. This section is
effective the day following final enactment, except that paragraph (g) is
effective July 1, 2021.
Sec. 23. Minnesota Statutes 2020, 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 of natural resources, on behalf of the state, may convey a road easement across state land under the commissioner's jurisdiction 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) limit the easement term to 50 years if the road easement is across school trust land;
(3) provide that the easement reverts to the state in the event of nonuse; and
(4) impose other terms and conditions of use as necessary and appropriate under the circumstances.
(c) An applicant shall submit an application 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) In addition to the payment for the market value of the easement and the application fee, the commissioner of natural resources shall assess the applicant a monitoring fee to cover the projected reasonable costs for monitoring the construction of the road and preparing special terms and conditions for the easement. The commissioner must give the applicant an estimate of the monitoring fee before the applicant submits the fee. The applicant shall pay the application and monitoring fees to the commissioner of natural resources. The commissioner shall not issue the easement until the applicant has paid in full the application fee, the monitoring fee, and the market value payment for the easement.
(e) Upon completion of construction of the road, the commissioner shall refund the unobligated balance from the monitoring fee revenue.
(f) Fees collected under paragraphs (c) and (d) must be credited to the land management account in the natural resources fund and are appropriated to the commissioner of natural resources to cover the reasonable costs incurred under this section.
(g) In addition to fees specified in
this section, the applicant must reimburse the state for costs incurred for
cultural resources review, monitoring, or other services provided by the
Minnesota Historical Society under contract with the commissioner of natural
resources or the State Historic Preservation Office of the Department of
Administration in connection with the easement application, preparing the
easement terms, or constructing the road.
Sec. 24. Minnesota Statutes 2020, section 84.82, subdivision 1a, is amended to read:
Subd. 1a. General
requirements. A person may not
operate or transport a snowmobile unless the snowmobile has been
registered under this section. A person
may not sell a snowmobile without furnishing the buyer a bill of sale on a form
prescribed by the commissioner.
Sec. 25. Minnesota Statutes 2020, section 84.82, subdivision 7a, is amended to read:
Subd. 7a. Collector
snowmobiles; limited use. The
commissioner may issue a special permit to a person or organization to operate or
transport a collector snowmobile without registration in parades or
organized group outings, such as races, rallies, and other promotional events
and for up to ten days each year for personal transportation. The commissioner may impose a reasonable
restriction on a permittee and may revoke, amend, suspend, or modify a permit
for cause.
Sec. 26. Minnesota Statutes 2020, section 84.943, subdivision 3, is amended to read:
Subd. 3. Appropriations
matched by private funds or state bond fund appropriations. (a) Appropriations transferred to
the critical habitat private sector matching account and money credited to the
account under section 168.1296, subdivision 5, may be expended only to the
extent that they are matched equally with contributions from private
sources or; by funds contributed to the nongame wildlife
management account; or by appropriations from the bond proceeds fund for
projects that benefit critical natural habitat. The private contributions may be made in
cash, property, land, or interests in land.
Appropriations transferred to the account that are not matched within
three years from the date of the appropriation shall cancel to the source of
the appropriation. For the purposes of
this section, the private contributions of property, land, or interests in land
that are retained by the commissioner shall be valued in accordance with their
appraised value.
(b) For every dollar used as a match
under paragraph (a), the commissioner may expend up to two dollars from the
account for the purposes described in subdivision 5.
Sec. 27. Minnesota Statutes 2020, section 84.943, subdivision 5, is amended to read:
Subd. 5. Pledges and contributions. (a) The commissioner of natural resources may accept contributions and pledges to the critical habitat private sector matching account. A pledge that is made contingent on an appropriation is acceptable and shall be reported with other pledges as required in this section. The commissioner may agree to match a contribution contingent on a future appropriation. In the budget request for each biennium, the commissioner shall report the balance of contributions in the account and the amount that has been pledged for payment in the succeeding two calendar years.
(b) Money in the account is appropriated to
the commissioner of natural resources only for the direct acquisition,
restoration, or improvement enhancement of land or interests
in land as provided in section 84.944. To
the extent of available appropriations other than bond proceeds, the money
matched to the nongame wildlife management account may be used for the
management of nongame wildlife projects as specified in section 290.431. Acquisition includes:
(1) purchase of land or an interest in land by the commissioner; or
(2) acceptance by the commissioner of gifts of land or interests in land as program projects.
(c) To the extent of available
appropriations other than bond proceeds, the money matched to the nongame
wildlife management account may be used for:
(1) the management of nongame wildlife
projects as specified in section 290.431;
(2) restoration and enhancement
activities for critical natural habitat; or
(3) monitoring and evaluation activities
for rare resources and native plant communities that inform the management of
critical natural habitat.
No more than 30 percent of the nongame wildlife management
account appropriations each fiscal year may be used to match money from the
critical habitat private sector matching account for monitoring and evaluation
activities.
Sec. 28. Minnesota Statutes 2020, section 84.944, subdivision 1, is amended to read:
Subdivision 1. Acquisition,
restoration, and enhancement considerations. (a) In determining what critical natural
habitat shall be acquired or improved, restored, or enhanced, the
commissioner shall consider:
(1) the significance of the land or water as existing or potential habitat for fish and wildlife and providing fish and wildlife oriented recreation;
(2) the significance of the land, water, or habitat improvement to maintain or enhance native plant, fish, or wildlife species designated as endangered or threatened under section 84.0895;
(3) the presence of native ecological communities that are now uncommon or diminishing; and
(4) the significance of the land, water or habitat improvement to protect or enhance natural features within or contiguous to natural areas including fish spawning areas, wildlife management areas, scientific and natural areas, riparian habitat and fish and wildlife management projects.
(b) Based on the above clauses, the commissioner by rule must establish a process to prioritize what critical habitat shall be acquired or improved.
Sec. 29. Minnesota Statutes 2020, section 84.946, subdivision 4, is amended to read:
Subd. 4. Priorities;
report. The commissioner of natural
resources must establish priorities for natural resource asset preservation and
replacement projects. By January 15
March 1 each year, the commissioner must submit to the commissioner of
management and budget a list of the projects that have been paid for with money
from a natural resource asset preservation and replacement appropriation during
the preceding calendar year.
Sec. 30. [84.9765]
OUTDOOR ENGAGEMENT GRANT ACCOUNT.
Subdivision 1. Establishment. The outdoor engagement grant account
is established as an account in the natural resources fund. The purpose of the account is to provide
funding from private sources to support the no child left inside grant program
under section 84.976.
Subd. 2. Funding
sources. Appropriations,
gifts, grants, and other contributions to the outdoor engagement grant account
must be credited to the account. All
interest and other earnings on money in the account must be credited to the
account.
Subd. 3. Appropriation;
expenditures. Money in the
account is appropriated to the commissioner of natural resources and may be
used only for grants under section 84.976.
Sec. 31. Minnesota Statutes 2020, section 84D.11, subdivision 1a, is amended to read:
Subd. 1a. Permit
for invasive carp. The commissioner
may issue a permit to departmental divisions for tagging bighead, black, grass,
or silver carp for research or control. Under
the permit, the carp may be released into the water body from which the carp
was captured. This subdivision
expires December 31, 2021.
Sec. 32. Minnesota Statutes 2020, section 85.019, is amended by adding a subdivision to read:
Subd. 6. Administering
grants. Up to 2.5 percent of
appropriations for grants under this section from revenue deposited in the
natural resources fund under section 297A.94, paragraph (h), clause (4), may be
used by the commissioner for the actual costs of administering the grants.
Sec. 33. Minnesota Statutes 2020, section 85.052, subdivision 1, is amended to read:
Subdivision 1. Authority to establish. (a) The commissioner may establish, by written order, provisions for the use of state parks for the following:
(1) special parking space for automobiles or other motor-driven vehicles in a state park or state recreation area;
(2) special parking spurs, campgrounds for automobiles, sites for tent camping, other types of lodging, camping, or day use facilities, and special auto trailer coach parking spaces, for the use of the individual charged for the space or facility;
(3) improvement and maintenance of golf
courses already established in state parks, and charging reasonable use fees;
and
(4) (3) providing water, sewer, and electric
service to trailer or tent campsites and charging a reasonable use fee; and
(4) administrative penalties related to courtesy warnings and letters issued for failure to display a state park permit as required under section 85.053, subdivision 2.
(b) Provisions established under paragraph (a) are exempt from section 16A.1283 and the rulemaking provisions of chapter 14. Section 14.386 does not apply.
(c) For the purposes of this subdivision, "lodging" means an enclosed shelter, room, or building with furnishings for overnight use.
Sec. 34. Minnesota Statutes 2020, section 85.052, subdivision 2, is amended to read:
Subd. 2. State
park pageants special events.
(a) The commissioner may stage state park pageants special
events in a state park, municipal park, or on other land near or adjoining
a state park and charge an entrance or use fee for the pageant special
event. All receipts from the pageants
special events must be used in the same manner as though the pageants
special events were conducted in a state park.
(b) The commissioner may establish, by
written order, state park pageant special event areas to hold
historical or other pageants special events conducted by the
commissioner of a state agency or other public agency. Establishment
of the areas is exempt from the rulemaking provisions of chapter 14, and
section 14.386 does not apply.
Sec. 35. Minnesota Statutes 2020, section 85.052, subdivision 6, is amended to read:
Subd. 6. State
park reservation system. (a) The
commissioner may, by written order, develop reasonable reservation policies for
campsites and other lodging. These
The policies are exempt from the rulemaking provisions under
chapter 14, and section 14.386 does not apply.
(b) The revenue collected from the state park reservation fee established under subdivision 5, including interest earned, shall be deposited in the state park account in the natural resources fund and is annually appropriated to the commissioner for the cost of operating the state park reservation and point-of-sale system.
Sec. 36. Minnesota Statutes 2020, section 85.052, is amended by adding a subdivision to read:
Subd. 7. Special-use
permits. The commissioner
may, by written order, develop reasonable policies for special-use permits to
use state parks, state recreation areas, and state waysides. The policies are exempt from the rulemaking
provisions under chapter 14, and section 14.386 does not apply.
Sec. 37. Minnesota Statutes 2020, 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 or a state parks and trails plate issued under section 168.1295. Except for vehicles permitted under
subdivisions 7, paragraph (a), clause (2), and 8, 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
state park permits. A motor vehicle
owner or lessee is responsible for ensuring the owner's or lessee's vehicle has
a state park permit, and the commissioner may issue warnings and citations
under section 84.0835 to the owner or lessee of a vehicle not in compliance.
Sec. 38. Minnesota Statutes 2020, section 85.053, is amended by adding a subdivision to read:
Subd. 5a. Free
permit; members of federally recognized tribes. (a) The commissioner must issue an
annual state park permit for no charge to any member of the 11 federally
recognized tribes in Minnesota. To
qualify for a free state park permit under this subdivision, an individual must
present a qualifying tribal identification, as determined by each of the tribal
governments, to the park attendant on duty or other designee of the
commissioner.
(b) For vehicles permitted under paragraph
(a), the permit issued under this subdivision is valid only when displayed on a
vehicle owned and occupied by the person to whom the permit is issued.
(c) The commissioner may issue a daily
state park permit free of charge to an individual who qualifies under paragraph
(a) and does not own or operate a motor vehicle.
EFFECTIVE
DATE. This section is
effective January 1, 2022.
Sec. 39. Minnesota Statutes 2020, section 85.054, subdivision 1, is amended to read:
Subdivision 1. State
Park Open House Days. (a) A state
park permit is not required for a motor vehicle to enter a state park, state
monument, state recreation area, or state wayside, on four days each calendar
year at each park, which the commissioner shall designate as State Park Open House
Days. The commissioner may designate two
consecutive days as State Park Open House Days, if the open house is held in
conjunction with a special pageant event described in section
85.052, subdivision 2.
(b) The commissioner shall announce the date of each State Park Open House Day at least 30 days in advance of the date it occurs.
(c) The purpose of State Park Open House Days is to acquaint the public with state parks, recreation areas, and waysides.
(d) On State Park Open House Days,
registered overnight guests in state parks and state recreation areas are
exempt from the requirements for a state park permit under section 85.053 until
after the camping or lodging check‑out time of the following day in the
park where the overnight stay occurred.
Sec. 40. Minnesota Statutes 2020, 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 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 the following purposes:
(1) grants-in-aid for cross-country-ski trails to:
(i) counties and municipalities for construction and maintenance of cross-country-ski trails; and
(ii) special park districts as provided in
section 85.44 for construction and maintenance of cross-country-ski trails; and
(2) administration of administering
the cross-country-ski trail grant-in-aid program.; and
(3) developing and maintaining state
cross-country-ski trails.
(b) Development and maintenance of
state cross-country-ski trails are eligible for funding from the cross‑country-ski
account if the money is appropriated by law.
EFFECTIVE
DATE. This section is
effective retroactively from July 1, 2019.
Sec. 41. Minnesota Statutes 2020, section 85.47, is amended to read:
85.47
SPECIAL USE SPECIAL-USE PERMITS; FEES.
Subdivision 1. Special-use
permits. The commissioner
may, by written order, develop reasonable policies for special-use permits to
use state trails and state water access sites.
The policies are exempt from the rulemaking provisions under chapter 14,
and section 14.386 does not apply.
Subd. 2. Disposition
of fees. Fees collected for special
use special-use permits to use state trails and state water
access sites not on state forest, state park, or state recreation area
lands and for use of state water access sites must be deposited in the
natural resources fund and are appropriated to the commissioner of natural
resources for operating and maintaining state trails and water access sites.
Sec. 42. Minnesota Statutes 2020, section 89.021, is amended by adding a subdivision to read:
Subd. 42a. Riverlands
State Forest.
Sec. 43. Minnesota Statutes 2020, section 89.17, is amended to read:
89.17
LEASES AND PERMITS.
(a) Notwithstanding the permit procedures of chapter 90, the commissioner may grant and execute, in the name of the state, leases and permits for the use of any forest lands under the authority of the commissioner for any purpose that in the commissioner's opinion is not inconsistent with the maintenance and management of the forest lands, on forestry principles for timber production. Every such lease or permit is revocable at the discretion of the commissioner at any time subject to such conditions as may be agreed on in the lease. The approval of the commissioner of administration is not required upon any such lease or permit. No such lease or permit for a period exceeding 21 years shall be granted except with the approval of the Executive Council.
(b) Public access to the leased land for outdoor recreation is the same as access would be under state management.
(c) Notwithstanding section 16A.125, subdivision 5, after deducting the reasonable costs incurred for preparing and issuing the lease, all remaining proceeds from leasing school trust land and university land for roads on forest lands must be deposited into the respective permanent fund for the lands.
(d) The commissioner may require a performance bond, security deposit, or other form of security for removing any improvements or personal property left on the leased premises by the lessee upon termination or cancellation of the lease.
(e) In addition to other payments
required by this section, the applicant must reimburse the state for costs
incurred for cultural resources review, monitoring, or other services provided
by the Minnesota Historical Society under contract with the commissioner of
natural resources or the State Historic Preservation Office of the Department
of Administration in connection with reviewing the lease request, preparing the
lease terms, or monitoring construction of improvements on the leased premises.
Sec. 44. Minnesota Statutes 2020, section 89.37, subdivision 3, is amended to read:
Subd. 3. Private
lands. The commissioner may supply
only bare root seedlings, woody cuttings, and transplant material for use on
private land, provided that such material must be sold in lots of not less than
500 250 for a sum determined by the commissioner to be equivalent
to the cost of the materials and the expenses of their distribution. The commissioner may not directly or
indirectly supply any other planting stock for use on private lands.
Sec. 45. Minnesota Statutes 2020, section 89A.11, is amended to read:
89A.11
SUNSET.
Sections 89A.01; 89A.02; 89A.03; 89A.04;
89A.05; 89A.06; 89A.07; 89A.08; 89A.09; 89A.10; 89A.105; and 89A.11 are
repealed expire June 30, 2021 2028.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 46. Minnesota Statutes 2020, section 92.50, is amended by adding a subdivision to read:
Subd. 4. Reimbursing
costs. In addition to other
payments required by this section, the applicant must reimburse the state for
costs incurred for cultural resources review, monitoring, or other services
provided by the Minnesota Historical Society under contract with the commissioner
of natural resources or the State Historic Preservation Office of the
Department of Administration in connection with reviewing the lease request,
preparing the lease terms, or constructing improvements on the leased premises.
Sec. 47. Minnesota Statutes 2020, section 92.502, is amended to read:
92.502
LEASE OF TAX-FORFEITED AND STATE LANDS.
(a) Notwithstanding section 282.04 or other law to the contrary, St. Louis County may enter a 30-year lease of tax-forfeited land for a wind energy project.
(b) The commissioner of natural resources may enter a 30-year lease of land administered by the commissioner for a wind energy project.
(c) The commissioner of natural resources
may enter a 30-year lease of land administered by the commissioner for recreational
trails and facilities. The
commissioner may assess the lease applicant a monitoring fee to cover the
projected reasonable costs of monitoring construction of the recreational trail
or facility and preparing special terms and conditions of the license to ensure
proper construction. The commissioner
must give the applicant an estimate of the monitoring fee before the applicant
is required to submit the fee. Upon
completion of construction of the trail or facility, the commissioner must
refund the unobligated balance from the monitoring fee revenue.
(d) Notwithstanding section 282.04 or other law to the contrary, Lake and St. Louis Counties may enter into 30‑year leases of tax-forfeited land for recreational trails and facilities.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 48. [92.503]
CONSERVATION PLANNING LEASES.
The commissioner of natural resources
may lease state-owned lands as defined in section 92.01 for a term not to
exceed 21 years for the purpose of investigating, analyzing, and developing
conservation easements that provide ecosystem services benefits. Leases granted under this section are not
subject to section 92.50, subdivision 1, paragraph (b), with respect to
Executive Council approval for commercial leases or section 92.50, subdivision
1, paragraph (d).
Sec. 49. Minnesota Statutes 2020, section 94.3495, subdivision 3, is amended to read:
Subd. 3. Valuation of land. (a) In an exchange of class 1 land for class 2 or 3 land, the value of all the land shall be determined by the commissioner of natural resources, but the county board must approve the value determined for the class 2 land, and the governmental subdivision of the state must approve the value determined for the class 3 land. In an exchange of class 2 land for class 3 land, the value of all the land shall be determined by the county board of the county in which the land lies, but the governmental subdivision of the state must approve the value determined for the class 3 land.
(b) To determine the value of the land, the
parties to the exchange may either (1) cause the land to be appraised, or (2)
determine the value for each 40-acre tract or lot, or a portion thereof, using the
most current township or county assessment schedules within the
preceding two years for similar land types from the county assessor of the
county in which the lands are located. Merchantable
timber value should be considered in finalizing valuation of the lands.
(c) Except for school trust lands and university lands, the lands exchanged under this section shall be exchanged only for lands of at least substantially equal value. For the purposes of this subdivision, "substantially equal value" has the meaning given under section 94.343, subdivision 3, paragraph (b). No payment is due either party if the lands, other than school trust lands or university lands, are of substantially equal value but are not of the same value.
(d) School trust lands and university lands exchanged under this section must be exchanged only for lands of equal or greater value.
Sec. 50. Minnesota Statutes 2020, section 97A.075, subdivision 1, is amended to read:
Subdivision 1. Deer,
bear, and lifetime licenses. (a) For
purposes of this subdivision, "deer license" means a license issued
under section 97A.475, subdivisions 2, clauses (5), (6), (7), (13) (15),
(14) (16), and (15) (17); 3, paragraph (a), clauses
(2), (3), (4), (10) (12), (11) (13), and (12)
(14); and 8, paragraph (b), and licenses issued under section 97B.301,
subdivision 4.
(b) The deer management account is established as an account in the game and fish fund and may be used only for deer habitat improvement or deer management programs, including a computerized licensing system. The following amounts must be credited to the deer management account:
(1) $16 from each annual deer license issued under section 97A.475, subdivisions 2, clauses (5), (6), and (7); 3, paragraph (a), clauses (2), (3), and (4); and 8, paragraph (b);
(2) $2 from each annual deer license issued
under sections 97A.475, subdivisions 2, clauses (13) (15), (14)
(16), and (15) (17); and 3, paragraph (a), clauses (10)
(12), (11) (13), and (12) (14); and 97B.301,
subdivision 4; and
(3) $16 annually from the lifetime fish and wildlife trust fund, established under section 97A.4742, for each license issued to a person 18 years of age or older under section 97A.473, subdivision 4, and $2 annually from the lifetime fish and wildlife trust fund for each license issued to a person under 18 years of age.
(c) $1 from each annual deer license and each bear license and $1 annually from the lifetime fish and wildlife trust fund, established in section 97A.4742, for each license issued under section 97A.473, subdivision 4, must be credited to the deer and bear management account and is appropriated to the commissioner for deer- and bear‑management programs, including a computerized licensing system.
(d) Fifty cents from each deer license is credited to the emergency deer feeding and wild Cervidae health‑management account and is appropriated for emergency deer feeding and wild Cervidae health management. Money appropriated for emergency deer feeding and wild Cervidae health management is available until expended.
(e) When the unencumbered balance in the appropriation for emergency deer feeding and wild Cervidae health management exceeds $2,500,000 at the end of a fiscal year, the unencumbered balance over $2,500,000 is canceled and is available for deer- and bear-management programs and computerized licensing.
Sec. 51. Minnesota Statutes 2020, section 97A.075, subdivision 7, is amended to read:
Subd. 7. Wolf
licenses; account established. (a)
For purposes of this subdivision, "wolf license" means a license or
permit issued under section 97A.475, subdivision 2, clause (20) (22);
3, paragraph (a), clause (16) (18); or 20, paragraph (b).
(b) A wolf management and monitoring account is created in the game and fish fund. Revenue from wolf licenses must be credited to the wolf management and monitoring account and is appropriated to the commissioner only for wolf management, research, damage control, enforcement, and education. Notwithstanding any other law to the contrary, money credited to the account may not be used to pay indirect costs or agency shared services.
Sec. 52. Minnesota Statutes 2020, section 97A.126, is amended by adding a subdivision to read:
Subd. 3. Walk-in-access
hunter validation; fee. The
fee for a walk-in-access hunter validation is $3.
Sec. 53. Minnesota Statutes 2020, section 97A.401, subdivision 1, is amended to read:
Subdivision 1. Commissioner's
authority. The commissioner may
issue special permits for the activities in this section. A special permit may be issued in the form of
a general permit to a governmental subdivision or to the general public to
conduct one or more activities under subdivisions 2 to 7 8.
Sec. 54. Minnesota Statutes 2020, section 97A.401, is amended by adding a subdivision to read:
Subd. 8. Snakes,
lizards, and salamanders. The
commissioner must prescribe conditions and may issue permits to breed,
propagate, and sell snakes, lizards, and salamanders. A snake, lizard, or salamander that is
obtained from a permitted breeder or that was possessed before August 1, 2021,
may be possessed as a pet.
Sec. 55. Minnesota Statutes 2020, section 97A.421, subdivision 1, is amended to read:
Subdivision 1. General. (a) The annual license of a person convicted of a violation of the game and fish laws relating to the license or wild animals covered by the license is void when:
(1) a second conviction occurs within three years under a license to trap fur-bearing animals, take small game, or to take fish by angling or spearing;
(2) a third second conviction
occurs within one year three years under a minnow dealer's
license;
(3) a second conviction occurs within three years for violations of section 97A.425 that do not involve falsifications or intentional omissions of information required to be recorded, or attempts to conceal unlawful acts within the records;
(4) two or more misdemeanor convictions occur within a three-year period under a private fish hatchery license;
(5) the conviction occurs under a license not described in clause (1), (2), or (4) or is for a violation of section 97A.425 not described in clause (3); or
(6) the conviction is related to assisting a person in the illegal taking, transportation, or possession of wild animals, when acting as a hunting or angling guide.
(b) Except for big-game licenses and as otherwise provided in this section, for one year after the conviction the person may not obtain the kind of license or take wild animals under a lifetime license, issued under section 97A.473 or 97A.474, relating to the game and fish law violation.
Sec. 56. Minnesota Statutes 2020, section 97A.421, is amended by adding a subdivision to read:
Subd. 3b. Issuance
after conviction; night vision or thermal imaging equipment. (a) A person who is convicted of a
violation under paragraph (b) and who possessed night vision or thermal imaging
equipment during the violation may not obtain a hunting license or hunt wild
animals for five years from the date of conviction.
(b) The revocation under this
subdivision applies to convictions for:
(1) trespassing;
(2) hunting game in closed season;
(3) hunting game in closed hours;
(4) possessing night vision or thermal
imaging equipment while taking wild animals in violation of section 97B.086; or
(5) possessing unlawful firearms in deer
zones in violation of section 97B.041.
Sec. 57. Minnesota Statutes 2020, section 97A.475, subdivision 2, is amended to read:
Subd. 2. Resident hunting. Fees for the following licenses, to be issued to residents only, are:
(1) for persons age 18 or over and under age 65 to take small game, $15.50;
(2) for persons age 65 or over, $7 to take small game;
(3) for persons age 18 or over to take turkey, $26;
(4) for persons age 13 or over and under age 18 to take turkey, $5;
(5) for persons age 18 or over to take deer with firearms during the regular firearms season, $34;
(6) for persons age 18 or over to take deer by archery, $34;
(7) for persons age 18 or over to take deer by muzzleloader during the muzzleloader season, $34;
(8) to take moose, for a party of not more than six persons, $356;
(9) for persons age 18 or over to take bear, $44;
(10) to take elk, for a party of not more than two persons, $287;
(11) to take Canada geese during a special season, $4;
(12) to take light geese during the
light goose conservation order, $2.50;
(13) to take sandhill crane during the
sandhill crane season, $3;
(12) (14) to take prairie
chickens, $23;
(13) (15) for persons age 13 or
over and under age 18 to take deer with firearms during the regular firearms
season, $5;
(14) (16) for persons age 13 or
over and under age 18 to take deer by archery, $5;
(15) (17) for persons age 13 or
over and under age 18 to take deer by muzzleloader during the muzzleloader
season, $5;
(16) (18) for persons age 10,
11, or 12 to take bear, no fee;
(17) (19) for persons age 13
or over and under age 18 to take bear, $5;
(18) (20) for persons age 18
or over to take small game for a consecutive 72-hour period selected by the
licensee, $19, of which an amount equal to one-half of the fee for the
migratory-waterfowl stamp under subdivision 5, clause (1), shall be deposited
in the waterfowl habitat improvement account under section 97A.075, subdivision
2; one-half of the fee for the pheasant stamp under subdivision 5, clause (2),
shall be deposited in the pheasant habitat improvement account under section
97A.075, subdivision 4; and one-half of the small-game surcharge under
subdivision 4, shall be deposited in the wildlife acquisition account;
(19) (21) for persons age 16
or over and under age 18 to take small game, $5;
(20) (22) to take wolf, $30;
(21) (23) for persons age 12
and under to take turkey, no fee;
(22) (24) for persons age 10,
11, or 12 to take deer by firearm, no fee;
(23) (25) for persons age 10,
11, or 12 to take deer by archery, no fee; and
(24) (26) for persons age 10,
11, or 12 to take deer by muzzleloader during the muzzleloader season, no fee.
Sec. 58. Minnesota Statutes 2020, section 97A.475, subdivision 3, is amended to read:
Subd. 3. Nonresident hunting. (a) Fees for the following licenses, to be issued to nonresidents, are:
(1) for persons age 18 or over to take small game, $90.50;
(2) for persons age 18 or over to take deer with firearms during the regular firearms season, $180;
(3) for persons age 18 or over to take deer by archery, $180;
(4) for persons age 18 or over to take deer by muzzleloader during the muzzleloader season, $180;
(5) for persons age 18 or over to take bear, $225;
(6) for persons age 18 or over to take turkey, $91;
(7) for persons age 13 or over and under age 18 to take turkey, $5;
(8) to take raccoon or bobcat, $178;
(9) to take Canada geese during a special season, $4;
(10) to take light geese during the
light goose conservation order, $2.50;
(11) to take sandhill crane during the
sandhill crane season, $3;
(10) (12) for persons age 13
or over and under age 18 to take deer with firearms during the regular firearms
season in any open season option or time period, $5;
(11) (13) for persons age 13 or
over and under age 18 to take deer by archery, $5;
(12) (14) for persons age 13
or over and under age 18 to take deer during the muzzleloader season, $5;
(13) (15) for persons age 13
or over and under 18 to take bear, $5;
(14) (16) for persons age 18
or over to take small game for a consecutive 72-hour period selected by the
licensee, $75, of which an amount equal to one-half of the fee for the
migratory-waterfowl stamp under subdivision 5, clause (1), shall be deposited
in the waterfowl habitat improvement account under section 97A.075, subdivision
2; one-half of the fee for the pheasant stamp under subdivision 5, clause (2),
shall be deposited in the pheasant habitat improvement account under section
97A.075, subdivision 4; and one-half of the small-game surcharge under
subdivision 4, shall be deposited into the wildlife acquisition account;
(15) (17) for persons age 16
or 17 to take small game, $5;
(16) (18) to take wolf,
$250;
(17) (19) for persons age 12
and under to take turkey, no fee;
(18) (20) for persons age
ten, 11, or 12 to take deer by firearm, no fee;
(19) (21) for persons age
ten, 11, or 12 to take deer by archery, no fee;
(20) (22) for persons age
ten, 11, or 12 to take deer by muzzleloader during the muzzleloader season, no
fee; and
(21) (23) for persons age
10, 11, or 12 to take bear, no fee.
(b) A $5 surcharge shall be added to nonresident hunting licenses issued under paragraph (a), clauses (1) to (6) and (8). An additional commission may not be assessed on this surcharge.
Sec. 59. Minnesota Statutes 2020, section 97A.475, subdivision 3a, is amended to read:
Subd. 3a. Deer
license donation and surcharge. (a)
A person may agree to add a donation of $1, $3, or $5 to the fees for annual
resident and nonresident licenses to take deer by firearms or archery
established under subdivisions 2, clauses (5), (6), (7), (13) (15),
(14) (16), and (15) (17), and 3, paragraph (a),
clauses (2), (3), (4), (10) (12), (11) (13), and (12)
(14).
(b) Beginning March 1, 2008, fees for bonus licenses to take deer by firearms or archery established under section 97B.301, subdivision 4, must be increased by a surcharge of $1.
(c) An additional commission may not be assessed on the donation or surcharge.
Sec. 60. Minnesota Statutes 2020, section 97A.475, subdivision 4, is amended to read:
Subd. 4. Small-game
surcharge and donation. (a) Fees for
annual licenses to take small game must be increased by a surcharge of $6.50,
except licenses under subdivisions 2, clauses (18) (20) and (19)
(21); and 3, paragraph (a), clause (14) (16) and (17). An additional commission may not be assessed
on the surcharge and the following statement must be included in the annual
small-game-hunting regulations: "This
$6.50 surcharge is being paid by hunters for the acquisition and development of
wildlife lands."
(b) A person may agree to add a donation of $1, $3, or $5 to the fees for annual resident and nonresident licenses to take small game. An additional commission may not be assessed on the donation. The following statement must be included in the annual small-game-hunting regulations: "The small-game license donations are being paid by hunters for administration of the walk-in access program."
Sec. 61. Minnesota Statutes 2020, section 97A.505, subdivision 3b, is amended to read:
Subd. 3b. Wild
animals taken on Red Lake Reservation lands within Northwest Angle. Wild animals taken and tagged on the
Red Lake Reservation lands in accordance with the Red Lake Band's
Conservation Code on the Red Lake Reservation lands in Minnesota north of
the 49th parallel shall be and all applicable federal law are
considered lawfully taken and possessed under state law. Possessing wild animals harvested under
this subdivision is in addition to any state limits.
Sec. 62. Minnesota Statutes 2020, section 97A.505, subdivision 8, is amended to read:
Subd. 8. Importing
hunter-harvested Cervidae carcasses. (a) Importing hunter-harvested
Cervidae carcasses procured by any means into Minnesota is prohibited
except for cut and wrapped meat, quarters or other portions of meat with no
part of the spinal column or head attached, antlers, hides, teeth, finished
taxidermy mounts, and antlers attached to skull caps that are cleaned of all
brain tissue. Hunter-harvested
(b) Cervidae carcasses taken originating
from outside of Minnesota may be transported on a direct route
through the state by nonresidents.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 63. Minnesota Statutes 2020, section 97B.022, is amended by adding a subdivision to read:
Subd. 3. Apprentice-hunter
validation; fee. The fee for
an apprentice-hunter validation is $3.50.
Fees collected must be deposited in the firearms safety training
account, except for the electronic licensing system commission established by
the commissioner under section 84.027, subdivision 15, and issuing fees
collected under section 97A.485, subdivision 6, and are appropriated annually
to the Enforcement Division of the Department of Natural Resources for
administering the firearm safety course program.
Sec. 64. Minnesota Statutes 2020, section 97B.036, is amended to read:
97B.036
CROSSBOW HUNTING DURING FIREARMS SEASON.
Notwithstanding section 97B.035, subdivisions
1 and 2, a person may take deer, bear, or turkey by crossbow during the
respective regular firearms seasons.
The transportation requirements of section 97B.051 apply to crossbows
during the regular firearms deer, bear, or turkey season. Crossbows must meet the requirements of
section 97B.106, subdivision 2. A person
taking deer, bear, or turkey by crossbow under this section must have a valid firearms
license to take the respective game by firearm. This section does not allow the use of a crossbow
by licensed muzzleloader hunters during the muzzleloader firearms deer season
under section 97B.311.
Sec. 65. Minnesota Statutes 2020, section 97B.055, subdivision 2, is amended to read:
Subd. 2. Restrictions related to motor vehicles. (a) A person may not take a wild animal with a firearm or by archery from a motor vehicle except as permitted in this section.
(b) A person may not shoot at a decoy
of a wild animal that is placed by a licensed peace officer by:
(1) discharging a firearm from a motor
vehicle; or
(2) discharging an arrow from a bow
from a motor vehicle.
(c) Notwithstanding section 97B.091, a person may transport a bow uncased while in a motorized watercraft and may take rough fish while in the boat as provided in section 97C.376, subdivision 3.
Sec. 66. Minnesota Statutes 2020, section 97B.086, is amended to read:
97B.086
POSSESSING NIGHT VISION OR THERMAL IMAGING EQUIPMENT.
(a) A person may not possess night vision or thermal imaging equipment while taking wild animals or while having in possession, either individually or as one of a group of persons, a firearm, bow, or other implement that could be used to take wild animals.
(b) This section does not apply to a firearm that is:
(1) unloaded;
(2) in a gun case expressly made to contain a firearm that fully encloses the firearm by being zipped, snapped, buckled, tied, or otherwise fastened without any portion of the firearm exposed; and
(3) in the closed trunk of a motor vehicle.
(c) This section does not apply to a bow that is:
(1) completely encased or unstrung; and
(2) in the closed trunk of a motor vehicle.
(d) If the motor vehicle under paragraph (b) or (c) does not have a trunk, the firearm or bow must be placed in the rearmost location of the vehicle.
(e) This section does not apply to night vision, night vision enhanced with an infrared illuminator, or thermal imaging equipment possessed by:
(1) peace officers or military personnel while exercising their duties; or
(2) a person taking coyote or fox as provided under section 97B.075 and rules adopted under section 97B.605, but the equipment must not be possessed during the regular firearms deer season.
Sec. 67. Minnesota Statutes 2020, section 97B.715, subdivision 1, is amended to read:
Subdivision 1. Stamp required. (a) Except as provided in paragraph (b) or section 97A.405, subdivision 2, a person required to possess a small-game license may not hunt pheasants without a pheasant stamp validation.
(b) The following persons are exempt from this subdivision:
(1) residents and nonresidents under age 18 and residents over age 65;
(2) persons hunting on licensed commercial shooting preserves;
(3) resident disabled veterans with a license issued under section 97A.441, subdivision 6a; and
(4) residents and nonresidents hunting on
licenses issued under section 97A.475, subdivision 2, clause (18) (20);
or 3, paragraph (a), clause (14) (16).
Sec. 68. Minnesota Statutes 2020, section 97B.801, is amended to read:
97B.801
MINNESOTA MIGRATORY-WATERFOWL STAMP REQUIRED.
(a) Except as provided in this section or section 97A.405, subdivision 2, a person required to possess a small‑game license may not take migratory waterfowl without a migratory-waterfowl stamp validation.
(b) Residents under age 18 or over age 65; resident disabled veterans with a license issued under section 97A.441, subdivision 6a; and persons hunting on their own property are not required to possess a stamp validation under this section.
(c) Residents and nonresidents with
licenses issued under section 97A.475, subdivision 2, clause (18) (20);
or 3, paragraph (a), clause (14) (16), are not required to
possess a stamp validation under this section.
Sec. 69. Minnesota Statutes 2020, section 97B.811, subdivision 4a, is amended to read:
Subd. 4a. Restrictions
on certain motorized decoys. From
the opening day of the duck season through the Saturday nearest October 8, a
person may not use a motorized decoy, or other motorized device designed to
attract migratory waterfowl. During
the remainder of the duck season, the commissioner may, by rule,
designate all or any portion of a wetland or lake closed to the use of
motorized decoys or motorized devices designed to attract migratory waterfowl. On water bodies and lands fully contained
within wildlife management area boundaries, a person may not use motorized
decoys or motorized devices designed to attract migratory waterfowl at any time
during the duck season.
Sec. 70. Minnesota Statutes 2020, section 97C.005, subdivision 3, is amended to read:
Subd. 3. Seasons, limits, and other rules. The commissioner may, in accordance with the procedures in subdivision 2, paragraphs (c) and (e), or by rule under chapter 14, establish open seasons, limits, methods, and other requirements for taking fish on special management waters. The commissioner may, by written order published in
the State Register, amend daily, possession, or size limits to make midseason adjustments based on available harvest, angling pressure, and population data to manage the fisheries in the 1837 Ceded Territory in compliance with the court orders in Mille Lacs Band of Chippewa v. Minnesota, 119 S. Ct.1187 (1999) and in the state waters of Upper Red Lake. The midseason adjustments in daily, possession, or size limits are not subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply. Before the written order is effective, the commissioner shall attempt to notify persons or groups of persons affected by the written order by public announcement, posting, and other appropriate means as determined by the commissioner.
Sec. 71. Minnesota Statutes 2020, section 97C.081, subdivision 3, is amended to read:
Subd. 3. Contests requiring permit. (a) Unless subdivision 3a applies, a person must have a permit from the commissioner to conduct a fishing contest if:
(1) there are more than 25 boats for open-water contests, more than 150 participants for ice-fishing contests, or more than 100 participants for shore-fishing contests;
(2) entry fees are more than $25 per person; or
(3) the contest is limited to trout species.
(b) The commissioner shall charge a fee for the permit that recovers the costs of issuing the permit and of monitoring the activities allowed by the permit. Notwithstanding section 16A.1283, the commissioner may, by written order published in the State Register, establish contest permit fees. The fees are not subject to the rulemaking provisions of chapter 14, and section 14.386 does not apply.
(c) The commissioner may require the applicant to furnish evidence of financial responsibility in the form of a surety bond or bank letter of credit in the amount of $25,000 if entry fees are over $25 per person, or total prizes are valued at more than $25,000, and if the applicant has either:
(1) not previously conducted a fishing contest requiring a permit under this subdivision; or
(2) ever failed to make required prize awards in a fishing contest conducted by the applicant.
(d) The permit fee for any individual contest may not exceed the following amounts:
(1) $70 for an open-water contest not exceeding 50 boats and without off-site weigh-in;
(2) $225 for an open-water contest with more than 50 boats and without off-site weigh-in;
(3) $280 for an open-water contest not exceeding 50 boats with off-site weigh-in;
(4) $560 for an open-water contest with more
than 50 boats with off-site weigh-in; or
(5) $135 for an ice-fishing contest with more
than 150 participants.; or
(6) $50 for a contest where all
participants are age 18 years or under.
Sec. 72. Minnesota Statutes 2020, section 97C.081, subdivision 3a, is amended to read:
Subd. 3a. No permit required. A person may conduct a fishing contest without a permit from the commissioner if:
(1) the contest is not limited to specifically named waters;
(2)
all the contest participants are age 18 years or under;
(3) (2) the contest is
limited to rough fish and participants are required to fish with a hook and
line; or
(4) (3) the total prize value
is $500 or less.
Sec. 73. Minnesota Statutes 2020, section 97C.342, subdivision 2, is amended to read:
Subd. 2. Bait
restrictions. (a) Frozen or
dead fish on the official list of viral hemorrhagic septicemia susceptible
species published by the United States Department of Agriculture, Animal and
Plant Health Inspection Services VHS-susceptible-species list under
section 17.4982, subdivision 21b; cisco (all Coregonus, including lake herring and tullibee); and smelt (all Osmerus, Spirincus, Hypomesus, and
Allosmerus) being used as bait in
waters of the state must originate from water bodies certified disease-free. A water body is certified as disease-free
if:
(1) the water body has been tested for
viral hemorrhagic septicemia and the testing indicates the disease is not
present; or
(2) the water body is located within a
viral hemorrhagic septicemia-free zone posted on the Department of Natural
Resources website.
(b) Certification for these individually
tested water bodies is valid for one year from the date of test results. Certification of water bodies within a
viral hemorrhagic septicemia-free zone posted on the Department of Natural
Resources website is valid for the dates included in the posting. A viral hemorrhagic septicemia-free
certification is also referred to as fish health certification.
Sec. 74. Minnesota Statutes 2020, section 97C.401, is amended by adding a subdivision to read:
Subd. 3. Gar. The commissioner must annually
establish daily and possession limits for gar under section 84.027, subdivision
13, paragraph (b).
Sec. 75. Minnesota Statutes 2020, section 97C.605, subdivision 3, is amended to read:
Subd. 3. Taking;
methods prohibited. (a) A person may
not take turtles in any manner, except by the use of using:
(1) explosives, drugs, poisons, lime, and other harmful substances;
(2) traps, except as provided in paragraph (b) and rules adopted under this section;
(3) nets other than anglers' fish landing
nets; or
(4) commercial equipment, except as
provided in rules adopted under this section.;
(5) firearms and ammunition;
(6) bow and arrow or crossbow; or
(7) spears, harpoons, or any other
implements that impale turtles.
(b) Until new rules are adopted under this section, a person with a turtle seller's license may take turtles with a floating turtle trap that:
(1) has one or more openings above the water surface that measure at least ten inches by four inches; and
(2) has a mesh size of not less than one-half inch, bar measure.
Sec. 76. Minnesota Statutes 2020, section 97C.611, is amended to read:
97C.611
SNAPPING TURTLES TURTLE SPECIES; LIMITS.
Subdivision 1. Snapping turtles. A person may not possess more than three snapping turtles of the species Chelydra serpentina without a turtle seller's license. Until new rules are adopted under section 97C.605, a person may not take snapping turtles of a size less than ten inches wide including curvature, measured from side to side across the shell at midpoint. After new rules are adopted under section 97C.605, a person may only take snapping turtles of a size specified in the adopted rules.
Subd. 2. Western
painted turtles. (a) A person
may not possess more than three Western painted turtles of the species Chrysemys picta without a turtle
seller's license. Western painted turtles
must be between 4 and 5-1/2 inches in shell length.
(b) This subdivision does not apply to
persons acting under section 97C.605, subdivision 2c, clause (4).
Subd. 3. Spiny softshell. A person may not possess spiny softshell turtles of the species Apalone spinifera after December 1, 2021, without an aquatic farm or private fish hatchery license with a turtle endorsement.
Subd. 4. Other
species. A person may not
possess any other species of turtle without an aquatic farm or private fish
hatchery license with a turtle endorsement or as specified under section
97C.605, subdivision 2c.
Sec. 77. Minnesota Statutes 2020, section 97C.805, subdivision 2, is amended to read:
Subd. 2. Restrictions. (a) The Netting of lake
whitefish and ciscoes is subject to the restrictions in this subdivision.
(b) A person may not use:
(1) more than two nets one net;
(2) a net more than 100 feet long; or
(3) a net more than three feet wide.
(c) The mesh size of the nets net
may not be less than:
(1) 1-3/4 inches, stretch measure, for nets used to take ciscoes; and
(2) 3-1/2 inches, stretch measure, for all other nets.
(d) A net may not be set in water, including ice thickness, deeper than six feet.
(e) The commissioner may designate waters
where nets may be set so that portions of the net extend into water deeper than
six feet under conditions prescribed by the commissioner to protect game fish. A pole or stake must project at least two
feet above the surface of the water or ice at one end of each the
net.
(f) A net may not be set within 50 feet of another net.
(g) A person may not have angling equipment in possession while netting lake whitefish or ciscoes.
Sec. 78. Minnesota Statutes 2020, section 97C.836, is amended to read:
97C.836
LAKE SUPERIOR LAKE TROUT; EXPANDED ASSESSMENT HARVEST.
The commissioner shall provide for taking of
lake trout by licensed commercial operators in Lake Superior management zones
MN-3 and MN-2 for expanded assessment and sale.
The commissioner shall authorize expanded assessment taking and sale of
lake trout in Lake Superior management zone MN-3 beginning annually in 2007 and
zone MN-2 beginning annually in 2010. Total
assessment taking and sale may not exceed 3,000 lake trout in zone MN-3 and
2,000 lake trout in zone MN-2 and may be reduced when necessary to protect the
lake trout population or to manage the effects of invasive species or fish
disease. Taking lake trout for expanded
assessment and sale shall be allowed from June 1 to September 30, but may end
earlier in the respective zones if the quotas are reached. The quotas must be reassessed at the
expiration of the current ten-year Fisheries Management Plan for the Minnesota
Waters of Lake Superior dated September 2006.
Sec. 79. Minnesota Statutes 2020, section 103C.315, subdivision 4, is amended to read:
Subd. 4. Compensation. A supervisor shall receive compensation
for services up to $75 $125 per day, and may be reimbursed for
expenses, including traveling expenses, necessarily incurred in the discharge of
duties. A supervisor may be reimbursed
for the use of the supervisor's own automobile in the performance of official
duties at a rate up to the maximum tax-deductible mileage rate permitted under
the federal Internal Revenue Code.
Sec. 80. [103F.05]
WATER QUALITY AND STORAGE PROGRAM.
Subdivision 1. Definitions. (a) For purposes of this section, the
terms in this subdivision have the meanings given them.
(b) "Board" means the Board
of Water and Soil Resources.
(c) "Local units of
government" has the meaning given under section 103B.305, subdivision 5.
(d) "Water quality and storage
practices" means those practices that sustain or improve water quality via
surface water rate and volume and ecological management, including but not
limited to:
(1) retention structures and basins;
(2) acquisition of flowage rights;
(3) soil and substrate infiltration;
(4) wetland restoration, creation, or
enhancement;
(5) channel restoration or enhancement;
and
(6) floodplain restoration or
enhancement.
Subd. 2. Establishment. (a) The board must establish a program
to provide financial assistance to local units of government to control water
volume and rates to protect infrastructure, improve water quality and related
public benefits, and mitigate climate change impacts.
(b) In establishing a water quality and
storage program, the board must give priority to the Minnesota River basin and
the lower Mississippi River basin in Minnesota.
Subd. 3. Financial
assistance. (a) The board may
provide financial assistance to local units of government to cover the costs of
water storage projects and other water quality and storage practices consistent
with a plan approved according to chapter 103B, 103C, or 103D. Eligible costs include costs for property and
equipment acquisition, design, engineering, construction, and management. The board may acquire conservation easements
under sections 103F.501 to 103F.531 as necessary to implement a project or
practice under this section.
(b) The board must enter into
agreements with local units of government receiving financial assistance under
this section. The agreements must
specify the terms of state and local cooperation, including the financing
arrangement for constructing any structures and assuring maintenance of the
structures after completion.
Subd. 4. Matching
contribution. The board must
require a matching contribution when providing financial assistance under this
section and may adjust matching requirements if federal funds are available for
the project.
Subd. 5. Technical
assistance. (a) The board may
employ or contract with an engineer or hydrologist to work on the technical
implementation of the program established under this section.
(b) When implementing the program, the
board must:
(1) assist local units of government in
achieving the goals of the program;
(2) review and analyze projects and
project sites; and
(3) evaluate the effectiveness of
completed projects constructed under the program.
(c) The board must cooperate with the
commissioner of natural resources, the United States Department of Agriculture
Natural Resources Conservation Service, and other agencies as needed to analyze
hydrological, climate, and engineering information on proposed sites.
Subd. 6. Requirements. (a) A local unit of government
applying for financial assistance under this section must provide a copy of a
resolution or other documentation of the local unit of government's support for
the project. The documentation must
include provisions for local funding and management, the proposed method of
obtaining necessary land rights for the proposed project, and an assignment of
responsibility for maintaining any structures or practices upon completion.
(b) A local unit of government, with
the assistance of the board, must evaluate the public benefits that are
reasonably expected upon completing the proposed project. The evaluation must be submitted to the board
before the final design.
Subd. 7. Interstate
cooperation. The board may
enter into or approve working agreements with neighboring states or their
political subdivisions to accomplish projects consistent with the program
established under this section.
Subd. 8. Federal
aid availability. The board
must regularly analyze the availability of federal funds and programs to
supplement or complement state and local efforts consistent with the purposes
of this section.
Sec. 81. Minnesota Statutes 2020, section 103G.271, subdivision 4a, is amended to read:
Subd. 4a. Mt. Simon-Hinckley
aquifer. (a) The commissioner
may not issue new water-use permits that will appropriate water from the Mt. Simon-Hinckley
aquifer in a metropolitan county, as defined in section 473.121, subdivision
4, unless the appropriation is for potable water use, there are no feasible
or practical alternatives to this source, and a water conservation plan is
incorporated with the permit.
(b)
The commissioner shall terminate all permits authorizing appropriation and use
of water from the Mt. Simon‑Hinckley aquifer for once-through
systems in a metropolitan county, as defined in section 473.121, subdivision 4,
by December 31, 1992.
Sec. 82. Minnesota Statutes 2020, section 103G.271, is amended by adding a subdivision to read:
Subd. 4b. Bulk
transport or sale. (a) To
maintain the supply of drinking water for future generations and except as
provided under paragraph (b), the commissioner may not issue a new water-use
permit to appropriate water in excess of one million gallons per year for bulk
transport or sale of water for consumptive use to a location more than 50 miles
from the point of the proposed appropriation.
(b) Paragraph (a) does not apply to a
water-use permit for a public water supply, as defined under section 144.382,
subdivision 4, issued to a local unit of government, rural water district established
under chapter 116A, or Tribal unit of government if:
(1) the use is solely for the public water supply;
(2) the local unit of government, rural
water district established under chapter 116A, or Tribal unit of government has
a property interest at the point of the appropriation;
(3) the communities that will use the
water are located within 100 miles of the point of appropriation; and
(4) the requirements in sections
103G.265, 103G.285, and 103G.287 are met.
Sec. 83. Minnesota Statutes 2020, section 103G.401, is amended to read:
103G.401
APPLICATION TO ESTABLISH LAKE LEVELS.
(a) Applications for authority to establish and maintain levels of public waters and applications to establish the natural ordinary high-water level of public waters may be made to the commissioner by a public body or authority or by a majority of the riparian owners on the public waters.
(b) To conserve or utilize the water resources of the state, the commissioner may initiate proceedings to establish and maintain the level of public waters.
(c) When establishing an ordinary
high-water level, the commissioner must provide written or electronic notice of
the order to the local units of government where the public water is located.
Sec. 84. [103G.413]
APPEAL OF ORDER ESTABLISHING ORDINARY HIGH-WATER LEVEL.
Subdivision 1. Petition. A local unit of government may
petition for review of the ordinary high-water level. A petition may be filed on behalf of the
local unit of government or riparian landowner affected by the ordinary high‑water
level. The petition must be filed by the
local unit of government and include reasons why the determination should be
reviewed and evidence to be considered as part of the review.
Subd. 2. Review. If a local unit of government files a
petition under this section, the commissioner must review the petition within
90 days of the request and issue a final order.
The commissioner may extend this period by 90 days by providing written
notice of the extension to the applicant.
Any further extension requires the agreement of the petitioner.
Sec. 85. Minnesota Statutes 2020, section 115A.1310, subdivision 12b, is amended to read:
Subd. 12b. Phase
II recycling credits. "Phase II
recycling credits" means the number of pounds of covered electronic
devices recycled by a manufacturer during a program year beginning July 1,
2019, and thereafter, from households located outside the 11-county
metropolitan area, as defined in section 115A.1314, subdivision 2, less the
manufacturer's recycling obligation calculated for the same program year in
section 115A.1320, subdivision 1, paragraph (g). an amount calculated in a program year
beginning July 1, 2019, and in each program year thereafter, according to the
formula (1.5 x A) - (B - C), where:
A = the number of pounds of covered
electronic devices a manufacturer recycled or arranged to have collected and
recycled during a program year from households located outside the 11-county
metropolitan area, as defined in section 115A.1314, subdivision 2;
B = the manufacturer's recycling
obligation calculated for the same program year in section 115A.1320,
subdivision 1, paragraph (g); and
C = the number of pounds of covered
electronic devices a manufacturer recycled or arranged to have collected and
recycled, up to but not exceeding B, during the same program year from
households in the 11-county metropolitan area.
Sec. 86. Minnesota Statutes 2020, section 115A.1312, subdivision 1, is amended to read:
Subdivision 1. Requirements for sale. (a) On or after September 1, 2007, a manufacturer must not sell or offer for sale or deliver to retailers for subsequent sale a new video display device unless:
(1) the video display device is labeled with the manufacturer's brand, which label is permanently affixed and readily visible; and
(2) the manufacturer has filed a registration with the agency, as specified in subdivision 2.
(b) On or after February 1, 2008, a
retailer who sells or offers for sale a new video display device to a household
must, before the initial offer for sale, review the agency website specified in
subdivision 2, paragraph (g), to determine that all new video display devices
that the retailer is offering for sale are labeled with the manufacturer's
brands that are registered with the agency.
(b) A retailer must not sell, offer for
sale, rent, or lease a video display device unless the video display device is
labeled according to this subdivision and listed as registered on the agency
website according to subdivision 2.
(c) A retailer is not responsible for an unlawful sale under this subdivision if the manufacturer's registration expired or was revoked and the retailer took possession of the video display device prior to the expiration or revocation of the manufacturer's registration and the unlawful sale occurred within six months after the expiration or revocation.
Sec. 87. Minnesota Statutes 2020, section 115A.1314, subdivision 1, is amended to read:
Subdivision 1. Registration fee. (a) Each manufacturer who registers under section 115A.1312 must, by August 15 each year, pay to the commissioner of revenue an annual registration fee, on a form and in a manner prescribed by the commissioner of revenue. The commissioner of revenue must deposit the fee in the state treasury and credit the fee to the environmental fund.
(b) The registration fee for manufacturers that sell 100 or more video display devices to households in the state during the previous calendar year is $2,500, plus a variable recycling fee. The registration fee for manufacturers that sell fewer than 100 video display devices in the state during the previous calendar year is a variable recycling fee. The variable recycling fee is calculated according to the formula:
[A - (B + C)] x D, where:
A = the manufacturer's recycling obligation as determined under section 115A.1320;
B = the number of pounds of covered
electronic devices recycled by that a manufacturer recycled or
arranged to have collected and recycled from households during the
immediately preceding program year, as reported under section 115A.1316,
subdivision 1;
C = the number of phase I or phase II recycling credits a manufacturer elects to use to calculate the variable recycling fee; and
D = the estimated per-pound cost of recycling, initially set at $0.50 per pound for manufacturers who recycle less than 50 percent of the manufacturer's recycling obligation; $0.40 per pound for manufacturers who recycle at least 50 percent but less than 90 percent of the manufacturer's recycling obligation; $0.30 per pound for manufacturers who recycle at least 90 percent but less than 100 percent of the manufacturer's recycling obligation; and $0.00 per pound for manufacturers who recycle 100 percent or more of the manufacturer's recycling obligation.
(c) A manufacturer may petition the agency to waive the per-pound cost of recycling fee, element D in the formula in paragraph (b), required under this section. The agency shall direct the commissioner of revenue to waive the per-pound cost of recycling fee if the manufacturer demonstrates to the agency's satisfaction a good faith effort to meet its recycling obligation as determined under section 115A.1320. The petition must include:
(1) documentation that the manufacturer has met at least 75 percent of its recycling obligation as determined under section 115A.1320;
(2) a list of political subdivisions and public and private collectors with whom the manufacturer had a formal contract or agreement in effect during the previous program year to recycle or collect covered electronic devices;
(3) the total amounts of covered electronic devices collected from both within and outside of the 11-county metropolitan area, as defined in subdivision 2;
(4) a description of the manufacturer's best efforts to meet its recycling obligation as determined under section 115A.1320; and
(5) any other information requested by the agency.
(d) A manufacturer may retain phase I and
phase II recycling credits to be added, in whole or in part, to the actual
value of C, as reported under section 115A.1316, subdivision 2, during any
succeeding program year, provided that no more than 25 percent of a
manufacturer's recycling obligation (A x B) for any program year may be
met with phase I and phase II recycling credits, separately or in combination,
generated in a prior program year. A
manufacturer may sell any portion or all of its phase I and phase II recycling
credits to another manufacturer, at a price negotiated by the parties, who may
use the credits in the same manner.
(e) For the purpose of determining B in
calculating a manufacturer's variable recycling fee using the formula
under paragraph (b), starting with the program year beginning July 1, 2019, and
continuing each year thereafter, the weight of covered electronic devices collected
from that a manufacturer recycled or arranged to have collected and
recycled from households located outside the 11-county metropolitan area,
as defined in subdivision 2, paragraph (b), is calculated at 1.5 times their
actual weight.
Sec. 88. Minnesota Statutes 2020, section 115A.1316, subdivision 1, is amended to read:
Subdivision 1. Manufacturer
reporting requirements. (a) By
August 1, 2016, each manufacturer must report to the agency using the form
prescribed:
(1) the total weight of each specific
model of its video display devices sold to households during the previous
program year; and
(2) either:
(i) the total weight of its video
display devices sold to households during the previous program year; or
(ii) an estimate of the total weight of
its video display devices sold to households during the previous program year,
calculated by multiplying the weight of its video display devices sold
nationally times the quotient of Minnesota's population divided by the national
population. All manufacturers with sales
of 99 or fewer video display devices to households in the state during the
previous calendar year must report using the method under this item for
calculating sales.
(b) (a) By March 1, 2017,
and each March 1 thereafter each year, each manufacturer must report
to the agency using the form prescribed:
(1) the total weight of each specific model of its video display devices sold to households during the previous calendar year; and
(2) either:
(i) the total weight of its video display devices sold to households during the previous calendar year; or
(ii) an estimate of the total weight of its video display devices sold to households during the previous calendar year, calculated by multiplying the weight of its video display devices sold nationally times the quotient of Minnesota's population divided by the national population. All manufacturers with sales of 99 or fewer video display devices to households in the state during the previous calendar year must report using the method under this item for calculating sales.
A manufacturer must submit with the report required under this paragraph a description of how the information or estimate was calculated.
(c) (b) By August 15 each year,
each manufacturer must report to the department until June 30, 2017, and to
the agency thereafter,:
(1) the total weight of covered
electronic devices the manufacturer collected from households and recycled or
arranged to have collected and recycled during the preceding program year.;
(d) By August 15 each year, each
manufacturer must report separately to the department until June 30, 2017, and
to the agency thereafter:
(1) (2) the number of phase I
and phase II recycling credits the manufacturer has purchased and sold during
the preceding program year;
(2) (3) the number of phase I
and phase II recycling credits possessed by the manufacturer that the
manufacturer elects to use in the calculation of its variable recycling fee
under section 115A.1314, subdivision 1; and
(3) (4) the number of phase I
and phase II recycling credits the manufacturer retains at the beginning of the
current program year.
(e) (c) Upon request of the commissioner of revenue, the agency shall provide a copy of each report to the commissioner of revenue.
Sec. 89. Minnesota Statutes 2020, section 115A.1318, subdivision 2, is amended to read:
Subd. 2. Recycler responsibilities. (a) As part of the report submitted under section 115A.1316, subdivision 2, a recycler must certify, except as provided in paragraph (b), that facilities that recycle covered electronic devices, including all downstream recycling operations:
(1) use only registered collectors;
(2) comply with all applicable health, environmental, safety, and financial responsibility regulations;
(3) are licensed by all applicable governmental authorities;
(4) use no prison labor to recycle video display devices;
(5) possess liability insurance of not less than $1,000,000 for environmental releases, accidents, and other emergencies;
(6) provide a report annually to each registered collector regarding the video display devices received from that entity; and
(7) do not charge collectors for the
transportation and transporting, recycling of, or any
necessary supplies related to transporting or recycling covered electronic
devices that meet a manufacturer's recycling obligation as determined under
section 115A.1320, unless otherwise mutually agreed upon.
(b) A nonprofit corporation that contracts with a correctional institution to refurbish and reuse donated computers in schools is exempt from paragraph (a), clauses (4) and (5).
(c) Except to the extent otherwise required by law and unless agreed upon otherwise by the recycler or manufacturer, a recycler has no responsibility for any data that may be contained in a covered electronic device if an information storage device is included in the covered electronic device.
Sec. 90. Minnesota Statutes 2020, section 115A.1320, subdivision 1, is amended to read:
Subdivision 1. Duties of agency. (a) The agency shall administer sections 115A.1310 to 115A.1330.
(b) The agency shall establish procedures for:
(1) receipt and maintenance of the registration statements and certifications filed with the agency under section 115A.1312; and
(2) making the statements and certifications easily available to manufacturers, retailers, and members of the public.
(c) The agency shall annually review the following variables that are used to calculate a manufacturer's annual registration fee under section 115A.1314, subdivision 1:
(1) the obligation-setting mechanism for manufacturers as specified under paragraph (g);
(2) the estimated per-pound price of recycling covered electronic devices sold to households; and
(3) the base registration fee.
(d) If the agency determines that any of these values must be changed in order to improve the efficiency or effectiveness of the activities regulated under sections 115A.1312 to 115A.1330, or if the revenues exceed the amount that the agency determines is necessary, the agency shall submit recommended changes and the reasons for them to the chairs of the senate and house of representatives committees with jurisdiction over solid waste policy.
(e) By September 1, 2016, and by May 1,
2017, and each May 1 thereafter each year, the agency shall
publish a statewide recycling goal for all video display device waste that is
the weight of all video display devices collected for recycling during each of
the three most recently completed program years, excluding the most recently
concluded program year, divided by two. For
the program years beginning July 1, 2016, July 1, 2017, and July 1, 2018, the
agency shall establish and publish separate statewide recycling goals for video
display devices as follows:
(1) the agency shall set the statewide recycling
goal for video display devices at 25,000,000 pounds, 23,000,000 pounds, and
21,000,000 pounds, respectively, during these successive program years;
(2) the agency shall set the recycling
goal for televisions at 80 percent of the applicable amount in clause (1); and
(3)
the agency shall set the recycling goal for computer monitors at 20 percent of
the applicable amount in clause (1).
(f) By September 1, 2016, and by May 1,
2017, and each May 1 thereafter each year, the agency shall
determine each registered manufacturer's market share of video display devices
to be collected and recycled based on the manufacturer's percentage share of
the total weight of video display devices sold as reported to the agency under
section 115A.1316, subdivision 1.
(g) By September 1, 2016, and by May 1,
2017, and each May 1 thereafter each year, the agency shall
provide each manufacturer with a determination of the manufacturer's share of
video display devices to be collected and recycled. A manufacturer's market share of video
display devices as specified in paragraph (f) is applied proportionally to the
statewide recycling goal as specified in paragraph (e) to determine an
individual manufacturer's recycling obligation.
Upon request by the commissioner of revenue, the agency must provide the
information submitted to manufacturers under this paragraph to the commissioner
of revenue.
(h) The agency shall provide a report to the governor and the legislature on the implementation of sections 115A.1310 to 115A.1330. For each program year, the report must discuss the total weight of covered electronic devices recycled and a summary of information in the reports submitted by manufacturers and recyclers under section 115A.1316. The report must also discuss the various collection programs used by manufacturers to collect covered electronic devices; information regarding covered electronic devices that are being collected by persons other than registered manufacturers, collectors, and recyclers; and information about covered electronic devices, if any, being disposed of in landfills in this state. The report must examine which covered electronic devices, based on economic and environmental considerations, should be subject to the obligation-setting mechanism under paragraph (g). The report must include a description of enforcement actions under sections 115A.1310 to 115A.1330. The agency may include in its report other information received by the agency regarding the implementation of sections 115A.1312 to 115A.1330. The report must be done in conjunction with the report required under section 115A.121.
(i) The agency shall promote public participation in the activities regulated under sections 115A.1312 to 115A.1330 through public education and outreach efforts.
(j) The agency shall enforce sections 115A.1310 to 115A.1330 in the manner provided by sections 115.071, subdivisions 1, 3, 4, 5, and 6; and 116.072, except for those provisions enforced by the department, as provided in subdivision 2. The agency may revoke a registration of a collector or recycler found to have violated sections 115A.1310 to 115A.1330.
(k) The agency shall facilitate communication between counties, collection and recycling centers, and manufacturers to ensure that manufacturers are aware of video display devices available for recycling.
(l) The agency shall post on its website the contact information provided by each manufacturer under section 115A.1318, subdivision 1, paragraph (e).
Sec. 91. Minnesota Statutes 2020, section 115A.5501, subdivision 3, is amended to read:
Subd. 3. Facility
cooperation and reports. (a) The
owner or operator of a facility shall allow access upon reasonable notice to
authorized agency staff for the purpose of conducting waste composition studies
or otherwise assessing the amount of total packaging in the waste delivered to
the facility under this section.
(b) Beginning in 1993, by February 1 of
each year the owner or operator of a facility governed by this subdivision
shall submit a report to the commissioner, on a form prescribed by the
commissioner, specifying the total amount of solid waste received by the
facility between January 1 and December 31 of the previous year. The commissioner shall calculate the total
amount of solid waste delivered to solid waste facilities from the reports
received from the facility owners or operators and shall report the aggregate
amount by April 1 of each year. The
commissioner shall assess a nonforgivable administrative penalty under section
116.072 of $500 plus any forgivable amount necessary to enforce this
subdivision on any owner or operator who fails to submit a report required by
this subdivision.
Sec. 92. Minnesota Statutes 2020, section 115A.565, subdivision 1, is amended to read:
Subdivision 1. Grant
program established. The
commissioner shall must make competitive grants to political
subdivisions or federally recognized tribes to establish curbside
recycling or composting, increase recycling or composting, reduce the amount of
recyclable materials entering disposal facilities, or reduce the costs
associated with hauling waste by locating collection sites as close as possible
to the site where the waste is generated.
To be eligible for grants under this section, a political subdivision or
federally recognized tribe must be located outside the seven-county
metropolitan area and a city must have a population of less than 45,000.
Sec. 93. Minnesota Statutes 2020, section 115B.17, subdivision 13, is amended to read:
Subd. 13. Priorities; rules. (a) By November 1, 1983, the Pollution Control Agency shall establish a temporary list of priorities among releases or threatened releases for the purpose of taking remedial action and, to the extent practicable consistent with the urgency of the action, for taking removal action under this section. The temporary list, with any necessary modifications, shall remain in effect until the Pollution Control Agency adopts rules establishing state criteria for determining priorities among releases and threatened releases. The Pollution Control Agency shall adopt the rules by July 1, 1984. After rules are adopted, a permanent priority list shall be established, and may be modified from time to time, using the current guidance and tools for the Hazard Ranking System adopted by the federal Environmental Protection Agency and according to the criteria set forth in the rules. Before any list is established under this subdivision the Pollution Control Agency shall publish the list in the State Register and allow 30 days for comments on the list by the public.
(b) The temporary list and the rules required by this subdivision shall be based upon the relative risk or danger to public health or welfare or the environment, taking into account to the extent possible the population at risk, the hazardous potential of the hazardous substances at the facilities, the potential for contamination of drinking water supplies, the potential for direct human contact, the potential for destruction of sensitive ecosystems, the administrative and financial capabilities of the Pollution Control Agency, and other appropriate factors.
Sec. 94. Minnesota Statutes 2020, section 115B.406, subdivision 1, is amended to read:
Subdivision 1. Legislative
findings. The legislature recognizes
the need to protect the public health and welfare and the environment at
priority qualified facilities. To
implement a timely and effective cleanup and prevent multiparty litigation, the
legislature finds it is in the public interest to direct the commissioner of
the Pollution Control Agency to:
(1) take environmental response
actions that the commissioner deems reasonable and necessary to protect the
public health or welfare or the environment at priority qualified facilities and
to;
(2) acquire real property interests at
priority qualified facilities to ensure the completion and long-term
effectiveness of environmental response actions.; and
(3) prevent both an unjust financial
windfall to and double liability of owners and operators of priority qualified
facilities.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies to actions commenced on
or after January 1, 2021.
Sec. 95. Minnesota Statutes 2020, section 115B.406, subdivision 9, is amended to read:
Subd. 9. Environmental
response costs; liens. (a)
All environmental response costs and reasonable and necessary expenses,
including administrative and legal expenses, incurred by the commissioner at a
priority qualified facility constitute a lien in favor of the state upon any real
property located in the state, other than homestead property, owned by the
owner or operator of the priority qualified facility who is subject to the
requirements of section 115B.40, subdivision 4 or 5. Notwithstanding section 514.672, a lien
under this paragraph continues until the lien is satisfied or is released
according to paragraph (c).
(b) If the commissioner conducts an
environmental response action at a priority qualified facility and the
environmental response action increases the fair market value of the facility
above the fair market value of the facility that existed before the response
action was initiated, then the state has a lien on the facility for the
increase in fair market value of the property attributable to the response
action, valued at the time that construction of the final environmental
response action was completed, not including operation and maintenance. Notwithstanding section 514.672, a lien under
this paragraph continues until the lien is satisfied or is released according
to paragraph (c).
(c) A lien under this subdivision
paragraph (a) or (b) attaches when the environmental response costs are
first incurred. Notwithstanding
section 514.672, a lien under this subdivision continues until the lien is
satisfied or six years after completion of construction of the final
environmental response action, not including operation and maintenance. Notice, filing, and release, and
enforcement of the lien are governed by sections 514.671 to 514.676, except
where those requirements specifically are related to only cleanup action
expenses as defined in section 514.671. The
commissioner may release a lien under this subdivision if the commissioner
determines that attachment or enforcement of the lien is not in the public
interest. A lien under this subdivision
is not subject to the foreclosure limitation described in section 514.674,
subdivision 2. Relative priority of
a lien under this subdivision is governed by section 514.672, except that a
lien attached to property that was included in any permit for the priority
qualified facility takes precedence over all other liens regardless of when the
other liens were or are perfected. Amounts
received to satisfy all or a part of a lien must be deposited in the
remediation fund. An environmental
lien notice for a lien under paragraph (a) or (b) must state that it is a lien
in accordance with this section and identify whether the property described in
the notice was included in any permit for the priority qualified facility.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies to actions commenced on
or after January 1, 2021.
Sec. 96. Minnesota Statutes 2020, section 115B.407, is amended to read:
115B.407
ACQUISITION AND DISPOSITION ACQUIRING AND DISPOSING OF REAL
PROPERTY AT PRIORITY QUALIFIED FACILITIES.
Subdivision 1. Acquiring and disposing of real property. (a) The commissioner may acquire interests in real property by donation or eminent domain at all or a portion of a priority qualified facility. Condemnation under this section includes acquisition of fee title or an easement. After acquiring an interest in real property under this section, the commissioner must take environmental response actions at the priority qualified facility according to sections 115B.39 to 115B.414 after the legislature makes an appropriation for that purpose.
(b) The commissioner may dispose of real property acquired under this section according to section 115B.17, subdivision 16.
(c) Except as modified by this section,
chapter 117 governs condemnation proceedings by the commissioner under this
section. The exceptions under section
117.189 apply to the use of eminent domain authority under this section. Section 117.226 does not apply to
properties acquired by the use of eminent domain authority under this section.
(d) The state is not liable under this chapter solely as a result of acquiring an interest in real property under this section.
Subd. 2. Eminent
domain damages. (a) For
purposes of this subdivision, the following terms have the meanings given:
(1) "after-market value" means
the property value of that portion of the subject property remaining after a
partial taking;
(2) "as remediated" means the
condition of the property assuming the environmental response actions selected
by the commissioner have been completed, including environmental covenants and
easements and other institutional controls that may apply;
(3) "before-market value"
means the property value of the entire subject property before the taking, less
the remediation costs;
(4) "property value" means the
fair market value of the real property, as remediated, less any reduction in
value attributable to the stigma of pollution; and
(5) "remediation costs" means
the reasonably foreseeable costs and expenses, including administrative and
legal expenses, that the commissioner will incur to implement the environmental
response actions that the commissioner selected for the property according to
section 115B.406, subdivision 3, less the amount, if any, that the property
owner demonstrates was released under section 115B.443, subdivision 8, which
must not be greater than the extent of insurance coverage under policies for
the property included in a settlement consistent with section 115B.443,
subdivision 8.
(b) The damages awarded for condemnation
of real property under this section is the greater of $500 or:
(1) for a total taking of the subject
property, the before-market value; or
(2) for a partial taking of the subject
property, the before-market value less the after-market value.
(c) When awarding damages in a
condemnation proceeding under this section, in addition to any other
requirement of chapter 117, the finder of fact must report:
(1)
the amount determined for the property value of the entire subject property
before the taking; and
(2) the itemized amount determined for
remediation costs.
(d) The commissioner may seek recovery
of environmental response costs only to the extent the costs exceed the lower
of the remediation costs or the property value of the entire subject property
before the taking as reported under paragraph (c).
(e) If the actual expenses incurred by
the commissioner to take environmental response actions at the priority
qualified facility as determined at the time construction of the final
environmental response action was completed would have yielded a higher award
of damages under this section, then the commissioner must reimburse the owner
an amount equal to the amount of damages as if the actual expenses were used
instead of the remediation costs, less any damages already awarded.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies to actions commenced on
or after January 1, 2021.
Sec. 97. Minnesota Statutes 2020, section 115B.421, is amended to read:
115B.421
CLOSED LANDFILL INVESTMENT FUND.
(a) The closed landfill investment
fund is established in the state treasury.
The fund consists of money credited to the fund, and interest and
other earnings on money in the fund. Beginning
July 1, 2003, Funds must be deposited as described in section 115B.445. The fund shall must be managed
to maximize long-term gain through the State Board of Investment. Money in the fund may be spent by the
commissioner after fiscal year 2020 in accordance with sections 115B.39 to
115B.444.
(b) Each fiscal year, up to $4,500,000
is appropriated from the closed landfill investment fund to the commissioner
for the purposes of sections 115B.39 to 115B.444.
(c) If the commissioner determines that
a release or threatened release from a qualified facility for which the
commissioner has assumed obligations for environmental response actions under
section 115B.40 or 115B.406 constitutes an emergency requiring immediate action
to prevent, minimize, or mitigate damage either to the public health or welfare
or the environment or to a system designed to protect the public health or
welfare or the environment, up to $9,000,000 in addition to the amount
appropriated under paragraph (b) is appropriated to the commissioner in the
first year of the biennium and may be spent by the commissioner to take
reasonable and necessary emergency response actions. Money not spent in the first year of the
biennium may be spent in the second year.
If money is appropriated under this paragraph, the commissioner must
notify the chairs of the senate and house of representatives committees having
jurisdiction over environment policy and finance as soon as possible. The commissioner must maintain the fund
balance to ensure long-term viability of the fund and reflect the
responsibility of the landfill cleanup program in perpetuity.
(d) Paragraphs (b) and (c) expire June
30, 2025.
Sec. 98. Minnesota Statutes 2020, section 116.07, is amended by adding a subdivision to read:
Subd. 4l. Real
property interests. (a) The
commissioner may acquire interests in real property at a solid waste disposal
facility, limited to environmental covenants under chapter 114E and easements
for the environmental covenants, when the commissioner determines the property
interests are related to:
(1) closure;
(2) postclosure care; and
(3)
any other actions needed after the postclosure care period expires.
(b) The state is not liable under this
chapter or any other law solely as a result of acquiring an interest in real
property under this section.
(c) An environmental covenant under
this subdivision must be in accordance with chapter 114E and must be signed and
acknowledged by every owner of the fee simple title to the real property
subject to the covenant.
Sec. 99. Minnesota Statutes 2020, section 116.07, subdivision 7, is amended to read:
Subd. 7. Counties; processing applications for animal lot permits. (a) Any Minnesota county board may, by resolution, with approval of the Pollution Control Agency, assume responsibility for processing applications for permits required by the Pollution Control Agency under this section for livestock feedlots, poultry lots or other animal lots. The responsibility for permit application processing, if assumed by a county, may be delegated by the county board to any appropriate county officer or employee.
(b) For the purposes of this subdivision, the term "processing" includes:
(1) the distribution to applicants of forms provided by the Pollution Control Agency;
(2) the receipt and examination of completed application forms, and the certification, in writing, to the Pollution Control Agency either that the animal lot facility for which a permit is sought by an applicant will comply with applicable rules and standards, or, if the facility will not comply, the respects in which a variance would be required for the issuance of a permit; and
(3) rendering to applicants, upon request, assistance necessary for the proper completion of an application.
(c) For the purposes of this subdivision, the term "processing" may include, at the option of the county board, issuing, denying, modifying, imposing conditions upon, or revoking permits pursuant to the provisions of this section or rules promulgated pursuant to it, subject to review, suspension, and reversal by the Pollution Control Agency. The Pollution Control Agency shall, after written notification, have 15 days to review, suspend, modify, or reverse the issuance of the permit. After this period, the action of the county board is final, subject to appeal as provided in chapter 14. For permit applications filed after October 1, 2001, section 15.99 applies to feedlot permits issued by the agency or a county pursuant to this subdivision.
(d) For the purpose of administration of rules adopted under this subdivision, the commissioner and the agency may provide exceptions for cases where the owner of a feedlot has specific written plans to close the feedlot within five years. These exceptions include waiving requirements for major capital improvements.
(e) For purposes of this subdivision, a discharge caused by an extraordinary natural event such as a precipitation event of greater magnitude than the 25-year, 24-hour event, tornado, or flood in excess of the 100-year flood is not a "direct discharge of pollutants."
(f) In adopting and enforcing rules under this subdivision, the commissioner shall cooperate closely with other governmental agencies.
(g) The Pollution Control Agency shall work with the Minnesota Extension Service, the Department of Agriculture, the Board of Water and Soil Resources, producer groups, local units of government, as well as with appropriate federal agencies such as the Natural Resources Conservation Service and the Farm Service Agency, to notify and educate producers of rules under this subdivision at the time the rules are being developed and adopted and at least every two years thereafter.
(h)
The Pollution Control Agency shall adopt rules governing the issuance and
denial of permits for livestock feedlots, poultry lots or other animal lots
pursuant to this section. Pastures are
exempt from the rules authorized under this paragraph. No feedlot permit shall include any terms
or conditions that impose any requirements related to any pastures owned or
utilized by the feedlot operator other than restrictions under a manure
management plan. A feedlot permit is
not required for livestock feedlots with more than ten but less than 50 animal
units; provided they are not in shoreland areas. A livestock feedlot permit does not become
required solely because of a change in the ownership of the buildings, grounds,
or feedlot. These rules apply both to
permits issued by counties and to permits issued by the Pollution Control
Agency directly. No feedlot permit
issued by the Pollution Control Agency shall include terms or conditions that:
(1) impose requirements related to
pastures owned or used by the feedlot operator other than restrictions under a
manure management plan; or
(2) require implementing nitrogen best
management practices as a condition of allowing application of manure in
October.
(i) The Pollution Control Agency shall exercise supervising authority with respect to the processing of animal lot permit applications by a county.
(j) Any new rules or amendments to existing rules proposed under the authority granted in this subdivision, or to implement new fees on animal feedlots, must be submitted to the members of legislative policy and finance committees with jurisdiction over agriculture and the environment prior to final adoption. The rules must not become effective until 90 days after the proposed rules are submitted to the members.
(k) Until new rules are adopted that provide for plans for manure storage structures, any plans for a liquid manure storage structure must be prepared or approved by a registered professional engineer or a United States Department of Agriculture, Natural Resources Conservation Service employee.
(l) A county may adopt by ordinance standards for animal feedlots that are more stringent than standards in Pollution Control Agency rules.
(m) After January 1, 2001, a county that has not accepted delegation of the feedlot permit program must hold a public meeting prior to the agency issuing a feedlot permit for a feedlot facility with 300 or more animal units, unless another public meeting has been held with regard to the feedlot facility to be permitted.
(n) After the proposed rules published in the State Register, volume 24, number 25, are finally adopted, the agency may not impose additional conditions as a part of a feedlot permit, unless specifically required by law or agreed to by the feedlot operator.
(o) For the purposes of feedlot permitting, a discharge from land-applied manure or a manure stockpile that is managed according to agency rule must not be subject to a fine for a discharge violation.
(p) For the purposes of feedlot permitting, manure that is land applied, or a manure stockpile that is managed according to agency rule, must not be considered a discharge into waters of the state, unless the discharge is to waters of the state, as defined by section 103G.005, subdivision 17, except type 1 or type 2 wetlands, as defined in section 103G.005, subdivision 17b, and does not meet discharge standards established for feedlots under agency rule.
(q) Unless the upgrade is needed to correct an immediate public health threat under section 145A.04, subdivision 8, or the facility is determined to be a concentrated animal feeding operation under Code of Federal Regulations, title 40, section 122.23, in effect on April 15, 2003, the agency may not require a feedlot operator:
(1) to spend more than $3,000 to upgrade an existing feedlot with less than 300 animal units unless cost-share money is available to the feedlot operator for 75 percent of the cost of the upgrade; or
(2) to spend more than $10,000 to upgrade an existing feedlot with between 300 and 500 animal units, unless cost-share money is available to the feedlot operator for 75 percent of the cost of the upgrade or $50,000, whichever is less.
(r) A feedlot operator who stores and applies up to 100,000 gallons per calendar year of private truck wash wastewater resulting from trucks that transport animals or supplies to and from the feedlot does not require a permit to land-apply industrial by-products if the feedlot operator stores and applies the wastewater in accordance with Pollution Control Agency requirements for land applications of industrial by-product that do not require a permit.
(s) A feedlot operator who holds a permit from the Pollution Control Agency to land-apply industrial by‑products from a private truck wash is not required to have a certified land applicator apply the private truck wash wastewater if the wastewater is applied by the feedlot operator to cropland owned or leased by the feedlot operator or by a commercial animal waste technician licensed by the commissioner of agriculture under chapter 18C. For purposes of this paragraph and paragraph (r), "private truck wash" means a truck washing facility owned or leased, operated, and used only by a feedlot operator to wash trucks owned or leased by the feedlot operator and used to transport animals or supplies to and from the feedlot.
EFFECTIVE
DATE. This section is effective
August 31, 2021, unless the federal Environmental Protection Agency disapproves
the changes under Code of Federal Regulations, title 40, section 123.62(b)(3),
or other applicable federal law. The
commissioner of the Pollution Control Agency must notify the revisor of
statutes if this occurs.
Sec. 100. Minnesota Statutes 2020, section 116G.07, is amended by adding a subdivision to read:
Subd. 4. Exemption;
Mississippi River Corridor Critical Area.
Plans and regulations of local units of government within the
Mississippi River Corridor Critical Area are exempt from subdivisions 1 to 3
and are subject to section 116G.15, subdivision 8.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 101. Minnesota Statutes 2020, section 116G.15, is amended by adding a subdivision to read:
Subd. 8. Reviewing
and approving local plans and regulations.
(a) In the Mississippi River Corridor Critical Area, the
commissioner of natural resources is responsible for carrying out the duties of
the board and the Metropolitan Council is responsible for carrying out the
duties of the regional development commission under sections 116G.07 to 116G.10. Notwithstanding sections 116G.07,
subdivisions 2 and 3, and 116G.10, subdivision 3, the responsibilities and
procedures for reviewing and approving local plans and regulations in the
Mississippi River Corridor Critical Area, and amendments thereto, are subject
to this subdivision.
(b) Within 60 days of receiving a draft
plan from a local unit of government, the commissioner, in coordination with
the Metropolitan Council, must review the plan to determine the plan's
consistency with:
(1) this section;
(2) Minnesota Rules, chapter 6106; and
(3) the local unit of government's
comprehensive plan.
(c) Within 60 days of receiving draft
regulations from a local unit of government, the commissioner must review the
regulations to determine the regulations' consistency with:
(1) Minnesota Rules, chapter 6106; and
(2)
the commissioner-approved plan adopted by the local unit of government under
paragraph (b).
(d) Upon review of a draft plan and
regulations under paragraphs (b) and (c), the commissioner must:
(1) conditionally approve the draft plan
and regulations by written decision; or
(2) return the draft plan and
regulations to the local unit of government for modification, along with a
written explanation of the need for modification.
(i) When the commissioner returns a
draft plan and regulations to the local unit of government for modification,
the local unit of government must revise the draft plan and regulations within
60 days after receiving the commissioner's written explanation and must
resubmit the revised draft plan and regulations to the commissioner.
(ii) The Metropolitan Council and the
commissioner must review the revised draft plan and regulations upon receipt
from the local unit of government as provided under paragraphs (b) and (c).
(iii) If the local unit of government or
the Metropolitan Council requests a meeting, a final revision need not be made
until a meeting is held with the commissioner on the draft plan and regulations. The request extends the 60‑day time
limit specified in item (i) until after the meeting is held.
(e) Only plans and regulations receiving
final approval from the commissioner have the force and effect of law. The commissioner must grant final approval
under this section only if:
(1) the plan is an element of a
comprehensive plan that is authorized by the Metropolitan Council according to
sections 473.175 and 473.858; and
(2) the local unit of government adopts
a plan and regulations that are consistent with the draft plan and regulations
conditionally approved under paragraph (d).
(f) The local unit of government must
implement and enforce the commissioner-approved plan and regulations after the
plan and regulations take effect.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 102. Minnesota Statutes 2020, section 127A.353, subdivision 4, is amended to read:
Subd. 4. Duties; powers. (a) The school trust lands director shall:
(1) take an oath of office before assuming any duties as the director;
(2) evaluate the school trust land asset position;
(3) determine the estimated current and potential market value of school trust lands;
(4) advise the governor, Executive Council, commissioner of natural resources, and the Legislative Permanent School Fund Commission on the management of school trust lands, including:
(i) Department of Natural Resources school trust land management plans;
(ii) leases of school trust lands;
(iii) royalty agreements on school trust lands;
(iv) land sales and exchanges;
(v) cost certification; and
(vi) revenue generating options;
(5) propose to the Legislative Permanent School Fund Commission legislative changes that will improve the asset allocation of the school trust lands;
(6) develop a ten-year strategic plan and a 25-year framework for management of school trust lands, in conjunction with the commissioner of natural resources, that is updated every five years and implemented by the commissioner, with goals to:
(i) retain core real estate assets;
(ii) increase the value of the real estate assets and the cash flow from those assets;
(iii) rebalance the portfolio in assets with high performance potential and the strategic disposal of selected assets;
(iv) establish priorities for management
actions; and
(v) balance revenue enhancement and
resource stewardship; and
(vi) advance strategies on school trust
lands to capitalize on ecosystem services markets;
(7) submit to the Legislative Permanent School Fund Commission for review an annual budget and management plan for the director; and
(8) keep the beneficiaries, governor, legislature, and the public informed about the work of the director by reporting to the Legislative Permanent School Fund Commission in a public meeting at least once during each calendar quarter.
(b) In carrying out the duties under paragraph (a), the school trust lands director shall have the authority to:
(1) direct and control money appropriated to the director;
(2) establish job descriptions and employ up to five employees in the unclassified service, within the limitations of money appropriated to the director;
(3) enter into interdepartmental agreements with any other state agency;
(4) enter into joint powers agreements under chapter 471;
(5) evaluate and initiate real estate development projects on school trust lands with the advice of the Legislative Permanent School Fund Commission in order to generate long-term economic return to the permanent school fund;
(6) serve as temporary trustee of school trust land for school trust lands subject to proposed or active eminent domain proceedings; and
(7) submit recommendations on strategies for school trust land leases, sales, or exchanges to the commissioner of natural resources and the Legislative Permanent School Fund Commission.
Sec. 103. Minnesota Statutes 2020, section 290C.01, is amended to read:
290C.01
PURPOSE.
It is the policy of this state to promote sustainable forest resource management on the state's public and private lands. The state's private forests comprise approximately one-half of the state forest land resources. These forests play a critical role in protecting water quality and soil resources, and provide extensive wildlife habitat, natural carbon sequestration, diverse recreational experiences, and significant forest products that support the state's economy. Ad valorem property taxes represent a significant annual cost that can discourage long-term forest management investments. In order to foster silviculture investments and retain these forests for their economic and ecological benefits, this chapter, hereafter referred to as the "Sustainable Forest Incentive Act," is enacted to encourage the state's private forest landowners to make a long-term commitment to sustainable forest management.
Sec. 104. Minnesota Statutes 2020, section 290C.04, is amended to read:
290C.04
APPLICATIONS.
(a) A landowner may apply to enroll forest
land for the sustainable forest incentive program under this chapter. The claimant must complete, sign, and submit
an application to the commissioner by October 31 in order for the land to
become eligible beginning in the next year.
The application shall be on a form prescribed by the commissioners of
revenue and natural resources and must include the information the
commissioners deem necessary. At a
minimum, the application must show the following information for the land and
the claimant: (i) the claimant's Social
Security number or state or federal business tax registration number and date
of birth, (ii) the claimant's address, (iii) the claimant's signature, (iv) the
county's parcel identification numbers for the tax parcels that completely
contain the claimant's forest land that is sought to be enrolled, (v) the
number of acres eligible for enrollment in the program, (vi) the approved
plan writer's signature and identification number, (vii) (vi) proof,
in a form specified by the commissioner, that the claimant has executed and
acknowledged in the manner required by law for a deed, and recorded, a covenant
that the land is not and shall not be developed in a manner inconsistent with
the requirements and conditions of this chapter, and (viii) (vii)
a registration number for the forest management plan, issued by the
commissioner of natural resources. The
covenant shall state in writing that the covenant is binding on the claimant
and the claimant's successor or assignee, and that it runs with the land for a
period of not less than eight years unless the claimant requests termination of
the covenant after a reduction in payments due to changes in the payment
formula under section 290C.07 or as a result of executive action, the amount of
payment a claimant is eligible to receive under section 290C.07 is reduced or
limited. The commissioner shall specify
the form of the covenant and provide copies upon request. The covenant must include a legal description
that encompasses all the forest land that the claimant wishes to enroll under
this section or the certificate of title number for that land if it is
registered land. The commissioner of
natural resources shall record the area eligible for enrollment into the
Sustainable Forest Incentive Act as electronic geospatial data, as defined in
section 16E.30, subdivision 10.
(b) The commissioner shall provide by electronic means data sufficient for the commissioner of natural resources to determine whether the land qualifies for enrollment. The commissioner must make the data available within 30 days of receipt of the application filed by the claimant or by October 1, whichever is sooner. The commissioner of natural resources must notify the commissioner whether the land qualifies for enrollment within 30 days of the data being available, and if the land qualifies for enrollment, the commissioner of natural resources shall specify the number of qualifying acres per tax parcel.
(c) The commissioner shall notify the claimant within 90 days after receipt of a completed application that either the land has or has not been approved for enrollment. A claimant whose application is denied may appeal the denial as provided in section 290C.13.
(d) Within 90 days after the denial of an application, or within 90 days after the final resolution of any appeal related to the denial, the commissioner shall execute and acknowledge a document releasing the land from the covenant required under this chapter. The document must be mailed to the claimant and is entitled to be recorded.
(e) The Social Security numbers collected from individuals under this section are private data as provided in section 13.355. The federal business tax registration number and date of birth data collected under this section are also private data on individuals or nonpublic data, as defined in section 13.02, subdivisions 9 and 12, but may be shared with county assessors for purposes of tax administration and with county treasurers for purposes of the revenue recapture under chapter 270A.
Sec. 105. [325F.075]
FOOD PACKAGING; PFAS.
Subdivision 1. Definitions. (a) For purposes of this section, the
following terms have the meanings given.
(b) "Food package" means a
container applied to or providing a means to market, protect, handle, deliver,
serve, contain, or store a food or beverage.
Food package includes:
(1) a unit package, an intermediate
package, and a shipping container;
(2) unsealed receptacles, such as
carrying cases, crates, cups, plates, bowls, pails, rigid foil and other trays,
wrappers and wrapping films, bags, and tubs; and
(3) an individual assembled part of a
food package, such as any interior or exterior blocking, bracing, cushioning,
weatherproofing, exterior strapping, coatings, closures, inks, and labels.
(c) "Perfluoroalkyl and
polyfluoroalkyl substances" or "PFAS" means a class of
fluorinated organic chemicals containing at least one fully fluorinated carbon
atom.
Subd. 2. Prohibition. No person shall manufacture or
knowingly sell, offer for sale, distribute for sale, distribute, or offer for
use in Minnesota a food package that contains PFAS.
Subd. 3. Enforcement. (a) The commissioner of the Pollution
Control Agency may enforce this section under sections 115.071 and 116.072. The commissioner may coordinate with the
commissioners of commerce and health in enforcing this section.
(b) When requested by the commissioner
of the Pollution Control Agency, a person must furnish to the commissioner any
information that the person may have or may reasonably obtain that is relevant
to show compliance with this section.
EFFECTIVE
DATE. This section is
effective January 1, 2025.
Sec. 106. Laws 2016, chapter 154, section 16, is amended to read:
Sec. 16. EXCHANGE
OF STATE LAND; AITKIN, BELTRAMI, AND KOOCHICHING COUNTIES.
(a) Notwithstanding the riparian restrictions in Minnesota Statutes, section 94.342, subdivision 3, and subject to the valuation restrictions described in paragraph (c), the commissioner of natural resources may, with the approval of the Land Exchange Board as required under the Minnesota Constitution, article XI, section 10, and according to the remaining provisions of Minnesota Statutes, sections 94.342 to 94.347, exchange the state-owned land leased for farming wild rice described in paragraph (b).
(b) The state land that may be exchanged is held under the following state leases for farming of wild rice:
(1) Lease LAGR001305, covering 175.1 acres in Aitkin County;
(2) Lease LMIS010040, covering 107.1 acres in Beltrami County;
(3) Lease LMIS010096, covering 137.4 acres in Beltrami County; and
(4) Lease LAGR001295, covering 264.40 acres in Koochiching County.
(c) For the appraisal of the land, no improvements paid for by the lessee shall be included in the estimate of market value.
(d) Additional adjoining state lands may be added to the exchanges if mutually agreed upon by the commissioner and the exchange partner to avoid leaving unmanageable parcels of land in state ownership after an exchange or to meet county zoning standards or other regulatory needs for the wild rice farming operations.
(e) The state land administered by the commissioner of natural resources in Koochiching County borders the Lost River. The lands to be exchanged are not required to provide at least equal opportunity for access to waters by the public, but the lands must be at least equal in value and have the potential to generate revenue for the school trust lands.
(f) Notwithstanding Minnesota Statutes,
section 94.343, subdivision 8a, lessees must pay to the commissioner all costs,
as determined by the commissioner, that are associated with each exchange
transaction, including valuation expenses; legal fees; survey expenses; costs
of title work, advertising, and public hearings; transactional staff costs; and
closing costs.
Sec. 107. Laws 2016, chapter 154, section 48, is amended to read:
Sec. 48. EXCHANGE
OF STATE LAND; ST. LOUIS COUNTY.
Subdivision 1. Exchange of land. (a) Notwithstanding the riparian restrictions in Minnesota Statutes, section 94.342, subdivision 3, the commissioner of natural resources may, with the approval of the Land Exchange Board as required under the Minnesota Constitution, article XI, section 10, and according to the remaining provisions of Minnesota Statutes, sections 94.342 to 94.347, exchange the riparian land described in paragraph (b).
(b) The state land that may be exchanged is located in St. Louis County and is described as: Government Lot 5, Section 35, Township 64 North, Range 12 West.
(c) The state land administered by the commissioner of natural resources borders Low Lake. The land to be exchanged is forest land that includes areas bordering the Whiteface River. While the land does not provide at least equal opportunity for access to waters by the public, the land to be acquired by the commissioner in the exchange will improve access to adjacent state forest lands.
Subd. 2. Gifts
of land. Notwithstanding
Minnesota Statutes, section 94.342 or 94.343, or any other law to the contrary,
the Land Exchange Board may consider a gift of land from the exchange partner
pursuant to Minnesota Statutes, section 84.085, subdivision 1, paragraph (d),
in addition to land proposed for exchange with the state land referenced in
subdivision 1, paragraph (b), in determining whether the proposal is in the
best interests of the school trust.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 108. Laws 2019, First Special Session chapter 4, article 1, section 2, subdivision 9, is amended to read:
Subd. 9. Environmental
Quality Board |
|
1,774,000 |
|
1,274,000 |
Appropriations by Fund |
||
|
2020 |
2021 |
|
|
|
General |
1,081,000 |
1,081,000 |
Environmental |
393,000 |
193,000 |
Remediation |
300,000 |
-0- |
(a) $200,000 the first year is from the
environmental fund to begin to develop and assemble the material required under
Code of Federal Regulations, title 40, section 233.10, to have the state of
Minnesota assume the section 404 permitting program of the Federal Clean Water
Act. The Board may execute contracts or
interagency agreements to facilitate developing the required agreements and
materials. By February 1, 2021 2022,
the board must submit a report on the additional funding necessary to secure
section 404 assumption and the additional funding needed to fully implement the
state-assumed program to the chairs and ranking minority members of the
legislative committees and divisions with jurisdiction over the environment and
natural resources. This is a onetime
appropriation and is available until June 30, 2022.
(b) $300,000 the first year is from the remediation fund to conduct a study of the potential to deploy solar photovoltaic devices on closed landfill program sites. This is a onetime appropriation. By December 1, 2020, the board, in consultation with the Pollution Control Agency and the commissioners of administration, commerce, and management and budget, must provide to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over environment and natural resources policy and finance and energy policy and finance a report on the use of properties in the state's closed landfill program for solar energy production. The report must include:
(1) identification and assessment of properties in the closed landfill program with the highest potential for solar energy production;
(2) identification of potential barriers to solar energy production and potential ways to address those barriers; and
(3) policy recommendations that would facilitate solar energy production on closed landfill program sites in a manner that would contribute to state and local government sustainability goals.
EFFECTIVE
DATE. This section is
effective retroactively from January 31, 2021.
Sec. 109. Laws 2019, First Special Session chapter 4, article 3, section 109, as amended by Laws 2020, chapter 83, article 1, section 100, is amended to read:
Sec. 109. APPLYING
STORM WATER RULES TO CITIES AND TOWNSHIPS.
Until the Pollution Control Agency amends
rules for storm water, Minnesota Rules, part 7090.1010, subpart 1, item B,
subitem (1), applies only to the portions of a city, a town, and unorganized
areas of counties or township that are designated as urbanized under
Code of Federal Regulations, title 40, section 122.26 (a)(9)(i)(A), and other
platted areas within that jurisdiction those jurisdictions.
Sec. 110. ADDITIONS
TO STATE PARKS.
Subdivision 1. [85.012]
[Subd. 18.] Fort
Snelling State Park, Dakota County. The
following areas are added to Fort Snelling State Park, Dakota County:
(1) that part of Section 28, Township
28 North, Range 23 West, Dakota County, Minnesota, bounded by the Dakota County
line along the Minnesota River and the following described lines:
Beginning at the intersection of the south
line of Lot 18 of Auditor's Subdivision Number 29 of Mendota, according to the
plat on file in the Office of the Dakota County Recorder, with the westerly
right-of-way line of the existing Sibley Memorial Highway; thence northerly
along said westerly right-of-way line to the north line of said Lot 18; thence
westerly along the north line of said Lot 18 to the easterly right-of-way line
of the Chicago and Northwestern Railroad; thence northerly and northeasterly
along said easterly right-of-way to the east line of said Section 28;
(2) that part of Section 33, Township
28 North, Range 23 West, Dakota County, Minnesota, lying westerly of the
easterly right-of-way of the Chicago and Northwestern Railroad;
(3) that part of Government Lot 6 of
Section 33, Township 28 North, Range 23 West, Dakota County, Minnesota, lying
East of the easterly right-of-way of the Chicago and Northwestern Railroad and
West of the westerly right-of-way of Sibley Memorial Highway and North of the
South 752 feet of said Government Lot 6;
(4) the North 152 feet of the South 752
feet of that part of Government Lot 6 of Section 33, Township 28 North, Range
23 West, Dakota County, Minnesota, lying East of the easterly right-of-way of
the Chicago and Northwestern Railroad and West of the westerly right-of-way of
Sibley Memorial Highway;
(5) the North 270 feet of the South 600
feet of that part of Government Lot 6 lying between the westerly right‑of-way
of Sibley Memorial Highway and the easterly right-of-way of the Chicago and
Northwestern Railroad in Section 33, Township 28 North, Range 23 West, Dakota
County, Minnesota;
(6) that part of the South 20 rods of
Government Lot 6 of Section 33, Township 28 North, Range 23 West, Dakota
County, Minnesota, lying East of the easterly right-of-way of the Chicago and
Northwestern Railroad and West of the westerly right-of-way of Sibley Memorial
Highway, excepting therefrom that part described as follows:
Commencing at the southeast corner of said
Government Lot 6; thence North 89 degrees 56 minutes 54 seconds West assumed
bearing along the south line of said Government Lot 6 a distance of 260.31 feet
to the point of beginning of the property to be described; thence continue
North 89 degrees 56 minutes 54 seconds West a distance of 71.17 feet; thence
northwesterly a distance of 37.25 feet along a nontangential curve concave to
the East having a radius of 4,098.00 feet and a central angle of 00 degrees 31
minutes 15 seconds the chord of said curve bears North 23 degrees 31 minutes 27
seconds West; thence northerly a distance of 127.39 feet along a compound curve
concave to the East having a radius of 2,005.98 feet and a central angle of 03
degrees 38
minutes
19 seconds; thence North 70 degrees 22 minutes 29 seconds East not tangent to
said curve a distance of 65.00 feet; thence southerly a distance of 123.26 feet
along a nontangential curve concave to the East having a radius of 1,940.98
feet and a central angle of 03 degrees 38 minutes 19 seconds the chord of said
curve bears South 21 degrees 26 minutes 40 seconds East; thence southerly a
distance of 65.42 feet to the point of beginning along a compound curve concave
to the East having a radius of 4,033.00 feet and a central angle of 00 degrees
55 minutes 46 seconds;
(7) that part of Government Lot 5 of
Section 33, Township 28 North, Range 23 West, Dakota County, Minnesota, lying
East of the easterly right-of-way of the Chicago and Northwestern Railroad and
West of the westerly right-of-way of Sibley Memorial Highway, excepting
therefrom that part described as follows:
Commencing at the southeast corner of said
Government Lot 5; thence North 89 degrees 56 minutes 18 seconds West assumed
bearing along the south line of said Government Lot 5 a distance of 70.48 feet
to the point of beginning of the property to be described; thence continue
North 89 degrees 56 minutes 18 seconds West along said south line of Government
Lot 5 a distance of 40.01 feet; thence North 01 degree 30 minutes 25 seconds
East a distance of 6.08 feet; thence northerly a distance of 185.58 feet along
a tangential curve concave to the West having a radius of 4,427.00 feet and a
central angle of 02 degrees 24 minutes 07 seconds; thence South 89 degrees 06
minutes 18 seconds West not tangent to said curve a distance of 25.00 feet;
thence North 00 degrees 53 minutes 42 seconds West a distance of 539.13 feet;
thence northerly a distance of 103.77 feet along a tangential curve concave to
the West having a radius of 1,524.65 feet and a central angle of 03 degrees 53
minutes 59 seconds; thence northerly a distance of 159.33 feet along a compound
curve concave to the West having a radius of 522.45 feet and a central angle of
17 degrees 28 minutes 23 seconds; thence northwesterly a distance of 86.78 feet
along a tangential curve concave to the West having a radius of 1,240.87 feet
and a central angle of 04 degrees 00 minutes 25 seconds; thence North 26
degrees 16 minutes 30 seconds West tangent to said curve a distance of 92.39
feet; thence northwesterly a distance of 178.12 feet along a tangential curve
concave to the East having a radius of 4,098.00 feet and a central angle of 02
degrees 29 minutes 25 seconds to a point on the north line of said Government
Lot 5 which is 331.48 feet from the northeast corner thereof as measured along
said north line; thence South 89 degrees 56 minutes 54 seconds East along said
north line of Government Lot 5 a distance of 71.17 feet; thence southeasterly a
distance of 146.53 feet along a nontangential curve concave to the East having
a radius of 4,033.00 feet and a central angle of 02 degrees 04 minutes 54
seconds the chord of said curve bears South 25 degrees 14 minutes 03 seconds
East; thence South 26 degrees 16 minutes 30 seconds East tangent to said curve
a distance of 92.39 feet; thence southerly a distance of 91.33 feet along a
tangential curve concave to the West having a radius of 1,305.87 feet and a
central angle of 04 degrees 00 minutes 25 seconds; thence southerly a distance
of 179.15 feet along a tangential curve concave to the West having a radius of
587.45 feet and a central angle of 17 degrees 28 minutes 23 seconds; thence
southerly a distance of 108.20 feet along a compound curve concave to the West
having a radius of 1,589.65 feet and a central angle of 03 degrees 53 minutes
59 seconds; thence South 00 degrees 53 minutes 42 seconds East tangent to said
curve a distance of 539.13 feet; thence southerly a distance of 187.26 feet
along a tangential curve concave to the West having a radius of 4,467.00 feet
and a central angle of 02 degrees 24 minutes 07 seconds; thence South 01 degree
30 minutes 25 seconds West tangent to said curve a distance of 5.07 feet to the
point of beginning; and
(8) that part of Government Lot 4 of
Section 33, Township 28 North, Range 23 West, Dakota County, Minnesota, lying
East of the easterly right-of-way of the Chicago and Northwestern Railroad and
northerly of the following described line:
Commencing at the southeast corner of said
Government Lot 4; thence North 89 degrees 55 minutes 42 seconds West assumed
bearing along the south line of said Government Lot 4 a distance of 312.44 feet
to corner B205, MNDOT Right-of-Way Plat No. 19-93, according to the
recorded map thereof; thence continue North 89 degrees 55 minutes 42 seconds
West along said south line of Government Lot 4 a distance of 318.00 feet to the
easterly right-of-way of Chicago and Northwestern Railroad; thence northerly
along said railroad right-of-way a distance of 387.97 feet along a
nontangential curve concave to the West having a radius of 2,963.54 feet and a
central
angle
of 07 degrees 30 minutes 03 seconds, the chord of said curve bears North 00
degrees 42 minutes 41 seconds East; thence North 03 degrees 02 minutes 21
seconds West tangent to said curve along said railroad right-of-way a distance
of 619.45 feet to the point of beginning of the line to be described; thence
North 89 degrees 35 minutes 27 seconds East a distance of 417.92 feet; thence
North 18 degrees 18 minutes 58 seconds East a distance of 317.52 feet to a
point on the north line of said Government Lot 4 which is 135.00 feet from the
northeast corner thereof as measured along said north line and there
terminating.
Subd. 2. [85.012]
[Subd. 38A.] Lake
Vermilion-Soudan Underground Mine State Park, St. Louis County. The following areas are added to Lake
Vermilion-Soudan Underground Mine State Park, St. Louis County, and are
designated as the Granelda Unit:
(1) Lot 3 of Section 28 and Lot 5 of
Section 29 in Township 63 North of Range 17, all West of the 4th Principal Meridian,
according to the United States Government Survey thereof;
(2) the Northeast Quarter of the
Southwest Quarter, the Northwest Quarter, the Southeast Quarter of the
Northeast Quarter, the Northeast Quarter of the Northeast Quarter, and Lots
numbered 1, 2, 3, and 4 of Section 29 in Township 63 North of Range 17, all
West of the 4th Principal Meridian, according to the United States Government Survey
thereof;
(3) Lots 1 and 2 of Section 32 in
Township 63 North of Range 17, all West of the 4th Principal Meridian,
according to the United States Government Survey thereof; and
(4) Lot 4 of Section 23 in Township 63
North of Range 18, all West of the 4th Principal Meridian, according to the
United States Government Survey thereof.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 111. ADDITION
TO STATE RECREATION AREA.
[85.013]
[Subd. 12a.] Iron Range Off-Highway Vehicle Recreation Area, St. Louis
County. The following area is
added to Iron Range Off-Highway Vehicle Recreation Area, St. Louis County: that part of the South Half of the Northwest
Quarter of Section 15, Township 58 North, Range 17 West, St. Louis County,
Minnesota, lying northerly of the following described line:
Commencing at the West quarter corner of
said Section 15; thence North 01 degree 24 minutes 27 seconds West, bearing
assumed, along the west line of said South Half of the Northwest Quarter a
distance of 1,034.09 feet to a 3/4-inch rebar with plastic cap stamped "MN
DNR LS 44974" (DM) and the point of beginning; thence South 62 degrees 44
minutes 07 seconds East 405.24 feet to a DM; thence South 82 degrees 05 minutes
24 seconds East 314.95 feet to a DM; thence South 86 degrees 18 minutes 01
second East 269.23 feet to a DM; thence North 81 degrees 41 minutes 24 seconds
East 243.61 feet to a DM; thence North 71 degrees 48 minutes 05 seconds East
478.17 feet to a DM; thence North 60 degrees 53 minutes 38 seconds East 257.32
feet to a DM; thence South 09 degrees 16 minutes 07 seconds East 179.09 feet to
a DM; thence South 49 degrees 16 minutes 00 seconds East 127.27 feet to a DM;
thence South 50 degrees 16 minutes 11 seconds East 187.13 feet to a DM; thence
South 67 degrees 11 minutes 35 seconds East 189.33 feet to a DM; thence South
67 degrees 13 minutes 16 seconds East 209.43 feet to a DM; thence South 80
degrees 39 minutes 19 seconds East 167.59 feet to a DM on the east line of said
South Half of the Northwest Quarter, and there terminating.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 112. DELETIONS
FROM STATE PARKS.
Subdivision 1. [85.012]
[Subd. 18.] Fort
Snelling State Park, Dakota County. The
following areas are deleted from Fort Snelling State Park, Dakota County:
(1)
all of Section 33, Township 28 North, Range 23 West of the 4th Principal
Meridian lying westerly of the westerly right-of-way line of the existing
Minnesota Trunk Highway No. 13, excepting the right-of-way owned by the
Chicago and Northwestern railway company; and
(2) all of Section 28, Township 28
North, Range 23 West of the 4th Principal Meridian bounded by the Dakota County
line along the Minnesota River and the following described lines: Beginning at the south line of said Section
28 at its intersection with the westerly right-of-way line of the existing
Minnesota Trunk Highway No. 13; thence northerly along the said westerly
right-of-way line of existing Minnesota Trunk Highway No. 13 to the
southerly right-of-way line of existing Minnesota Trunk Highway Nos. 55
and 100; thence along the existing southerly right-of-way line of Minnesota
Trunk Highway Nos. 55 and 100 to the westerly right-of-way line owned by
the Chicago and Northwestern railway company; thence northeasterly along the
said westerly right-of-way line of the Chicago and Northwestern railway to the
east line of said Section 28, excepting therefrom the right-of-way owned by the
Chicago and Northwestern railway company.
Subd. 2. [85.012]
[Subd. 43.] Minneopa
State Park, Blue Earth County. The
following area is deleted from Minneopa State Park, Blue Earth County: a tract of land located in the Northwest
Quarter of the Northwest Quarter of Section 21, Township 108 North, Range 27
West of the Fifth Principal Meridian, Blue Earth County, Minnesota, more
particularly described as follows:
Commencing at the northwest corner of said
Section 21; thence on an assumed bearing of South 01 degree 31 minutes 27
seconds East, along the west line of the Northwest Quarter of the Northwest
Quarter of said Section 21, a distance of 545.00 feet, to the south line of the
North 545.00 feet of the Northwest Quarter of the Northwest Quarter of said
Section 21, also being the south line of Minneopa Cemetery and the point of
beginning of the tract to be herein described; thence North 88 degrees 22
minutes 26 seconds East, along said south line of Minneopa Cemetery, a distance
of 228.95 feet; thence southwesterly 58.5 feet, more or less, to the intersection
of the west line of Block 188 and the northerly line of the railroad
right-of-way, said point of intersection being 31.90 feet distant, measured at
right angles from the south line of said Minneopa Cemetery; thence continue
southwesterly along said railroad right-of-way 187 feet, more or less, to a
point on the west line of the Northwest Quarter of the Northwest Quarter of
said Section 21; thence North 01 degree 31 minutes 27 seconds West, along said
west line to the point of beginning.
Subd. 3. [85.012]
[Subd. 60.] William
O'Brien State Park, Washington County.
The following areas are deleted from William O'Brien State Park,
Washington County:
(1) those parts of Section 25, Township
32 North, Range 20 West, Washington County, Minnesota, described as follows:
The West two rods of the Southwest Quarter
of the Northeast Quarter, the West two rods of the North two rods of the
Northwest Quarter of the Southeast Quarter, and the East two rods of the
Southeast Quarter of the Northwest Quarter; and
(2) the East two rods over and across
the Northeast Quarter of the Northwest Quarter, excepting therefrom the North
200 feet of said Northeast Quarter of the Northwest Quarter. Also, the West 2 rods of the Northwest
Quarter of the Northeast Quarter, excepting therefrom the North 266 feet of
said Northwest Quarter of the Northeast Quarter. Also, the South 66 feet of the North 266 feet
of that part of said Northwest Quarter of the Northeast Quarter lying
southwesterly of the existing public road known as 199th Street North.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 113. PRIVATE
SALE OF SURPLUS STATE LAND; CASS COUNTY.
(a) Notwithstanding Minnesota Statutes,
sections 94.09 to 94.16, the commissioner of natural resources may sell by
private sale the surplus land that is described in paragraph (c).
(b)
The commissioner may make necessary changes to the legal description to correct
errors and ensure accuracy.
(c) The land to be conveyed is located
in Cass County and is described as: the
westerly 20.00 feet of the West Half of the Northeast Quarter, Section 16,
Township 139 North, Range 30 West, Cass County, Minnesota. The Grantor, its employees and agents only,
reserves a perpetual easement for ingress and egress over and across the above
described land.
(d) The Department of Natural Resources
has determined that the land is not needed for natural resource purposes and
that the state's land management interests would best be served if the land was
returned to private ownership.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 114. PRIVATE
SALE OF SURPLUS STATE LAND; LAKE OF THE WOODS COUNTY.
(a) Notwithstanding Minnesota Statutes,
sections 94.09 to 94.16, the commissioner of natural resources may sell by
private sale the surplus land that is described in paragraph (c).
(b) The commissioner may make necessary
changes to the legal description to correct errors and ensure accuracy.
(c) The land to be conveyed is located
in Lake of the Woods County and is described as: a strip of land lying in Government Lot 3,
Section 5, Township 163 North, Range 34 West of the Fifth Principal Meridian,
Lake of the Woods County, Minnesota; said strip of land being 33.00 feet in
width lying 16.50 feet on each side of the following described centerline:
Commencing at the southeast corner of said
Government Lot 3; thence North 00 degrees 09 minutes 28 seconds West, assumed
bearing, along the east line of said Government Lot 3, a distance of 690 feet,
more or less, to the south line of that particular tract of land deeded to the
State of Minnesota according to Document No. 75286, on file and of record
in the Office of the Recorder, Lake of the Woods County, Minnesota; thence
South 89 degrees 50 minutes 32 seconds West, along said south line of that
particular tract of land, a distance of 200.00 feet; thence South 00 degrees 09
minutes 28 seconds East, parallel with the east line of said Government Lot 3,
a distance of 40.00 feet; thence South 89 degrees 50 minutes 32 seconds West, a
distance of 16.50 feet to the point of beginning of the centerline to be herein
described; thence South 00 degrees 09 minutes 28 seconds East, parallel with
the east line of said Government Lot 3, a distance of 650.5 feet, more or less,
to the south line of said Government Lot 3 and said centerline there
terminating.
(d) The Department of Natural Resources
has determined that the land is not needed for natural resource purposes and
that the state's land management interests would best be served if the land was
returned to private ownership.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 115. PRIVATE
SALE OF SURPLUS STATE LAND; ST. LOUIS COUNTY.
(a) Notwithstanding Minnesota Statutes,
sections 94.09 to 94.16, the commissioner of natural resources may convey the
surplus land that is described in paragraph (c) to a local unit of government
for no consideration.
(b) The commissioner may make necessary
changes to the legal description to correct errors and ensure accuracy.
(c)
The land to be conveyed is located in St. Louis County and is described
as: that part of the Southwest Quarter
of the Northwest Quarter of Section 27, Township 52 North, Range 17 West, St. Louis
County, Minnesota, described as follows:
Commencing at the quarter corner between
Sections 27 and 28 of said Township 52 North, Range 17 West; thence running
East 624 feet; thence North 629 feet to the point of beginning; thence North
418 feet; thence East 208 feet; thence South 418 feet; thence West 208 feet to
the point of beginning.
(d) The Department of Natural Resources
has determined that the land is not needed for natural resource purposes and
that the state's land management interests would best be served if the land
were conveyed to a local unit of government.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 116. PRIVATE
SALE OF TAX-FORFEITED LANDS; ST. LOUIS COUNTY.
(a) Notwithstanding the public sale
provisions of Minnesota Statutes, chapter 282, or other law to the contrary, St. Louis
County may sell by private sale the tax-forfeited lands described in paragraph
(c).
(b) The conveyances must be in a form
approved by the attorney general. The
attorney general may make changes to the land descriptions to correct errors
and ensure accuracy.
(c) The lands to be sold are located in
St. Louis County and are described as:
(1) Lot 5, Block 9, including part of
vacated Seafield Street adjacent, Bristol Beach 1st Division, Duluth (parcel
010-0300-01030); and
(2) that part of the Southeast Quarter
of the Northwest Quarter, Township 58, Range 15, Section 5, lying northerly of
the northerly right-of-way line of the town of White road running in an
east-west direction connecting County Road No. 138 with State Highway No. 135
and lying westerly of the following described line: commencing at the northeast corner of
Government Lot 3; thence South 89 degrees 46 minutes 22 seconds West along the
north line of Government Lot 3 558.28 feet; thence South 27 degrees 50 minutes
01 second West 102.75 feet; thence South 41 degrees 51 minutes 46 seconds West
452.29 feet; thence South 28 degrees 19 minutes 22 seconds West 422.74 feet;
thence South 30 degrees 55 minutes 42 seconds West 133.79 feet; thence southwesterly
210.75 feet along a tangential curve concave to the southeast having a radius
of 300 feet and a central angle of 40 degrees 15 minutes 00 seconds; thence
South 09 degrees 19 minutes 19 seconds East tangent to said curve 100.30 feet,
more or less, to the north line of said Southeast Quarter of the Northwest
Quarter; thence North 89 degrees 09 minutes 31 seconds East along said north
line 40.44 feet to the point of beginning of the line; thence South 09 degrees
19 minutes 19 seconds East 148 feet, more or less, to said right-of-way line
and said line there terminating. Surface
only (parcel 570-0021-00112).
(d) The county has determined that the
county's land management interests would best be served if the lands were
returned to private ownership.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 117. PUBLIC
SALE OF SURPLUS STATE LAND BORDERING PUBLIC WATER; WADENA COUNTY.
(a) Notwithstanding Minnesota Statutes,
section 92.45, the commissioner of natural resources may sell by public sale
the surplus land bordering public water that is described in paragraph (c).
(b)
The commissioner may make necessary changes to the legal description to correct
errors and ensure accuracy.
(c) The land that may be sold is
located in Wadena County and is described as:
the Northeast Quarter of the Southwest Quarter of Section 26, Township
136 North, Range 34 West, Wadena County, Minnesota, except that part described
as follows:
Beginning at the northeast corner of said Northeast Quarter of the Southwest Quarter; thence West 10 rods; thence South 8 rods; thence East 10 rods; thence North 8 rods to the point of beginning and there terminating.
(d) The land borders the Redeye River. The Department of Natural Resources has
determined that the land is not needed for natural resource purposes and that
the state's land management interests would best be served if the land were
returned to private ownership.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 118. RIVERLANDS
STATE FOREST; BOUNDARIES.
[89.021]
[Subd. 42a.] Riverlands State Forest. The following areas are designated as
the Riverlands State Forest:
(1) those parts of Carlton County in
Township 49 North, Range 16 West, described as follows:
(i) Government Lots 4, 5, and 6, the
westerly 50 feet of Government Lot 3, the easterly 50 feet of Government Lot 8, and Government Lot 7 except that part
conveyed to the State of Minnesota for highway right-of-way, Section 30;
(ii) Government Lots 1, 2, 3, 4, 5, 6,
7, 8, 9, 10, 11, and 12 and all of Government Lot 14 except the North 890 feet
of the West 765 feet and except the railroad right-of-way, Section 31; and
(iii) the South Half of the Northwest
Quarter and the Southwest Quarter of Section 32;
(2) those parts of St. Louis
County in Township 50 North, Range 17 West, described as follows:
(i) Government Lots 1, 2, 3, and 6 and
the Southeast Quarter of the Northwest Quarter of Section 7;
(ii) Government Lots 1, 2, and 3, that
part of the Northeast Quarter of the Northeast Quarter lying south of Township
Road 5703, the Northwest Quarter of the Northwest Quarter, the Northeast
Quarter of the Southeast Quarter, the Southwest Quarter of the Southeast
Quarter, the Southeast Quarter of the Northeast Quarter, the Northwest Quarter
of the Southeast Quarter, and the Southeast Quarter of the Southeast Quarter,
Section 15;
(iii) Government Lots 1, 2, 3, and 4,
Section 16;
(iv) Government Lots 1, 2, 3, and 4,
Section 17;
(v) Government Lots 1 and 2, Section
18;
(vi) Government Lots 3, 7, 8, and 9,
Section 22;
(vii) that part of the Southwest
Quarter of the Southwest Quarter lying within 50 feet of the St. Louis
River in Section 23;
(viii)
Government Lots 11 and 12 and that part of Government Lot 6 lying South of the
North 700 feet, except the railroad right-of-way, Section 26; and
(ix) Government Lot 3 in Section 27;
(3) those parts of St. Louis
County in Township 50 North, Range 18 West, described as follows:
(i) Government Lots 2, 3, 4, 7, 9, and 10, the Southwest Quarter of the Northeast Quarter, the Southeast Quarter of the Northwest Quarter, the Northwest Quarter of the Southeast Quarter, the Northeast Quarter of the Southwest Quarter, reserving a 66-foot-wide access easement across Government Lot 2 for access to Grantor's property in Section 31, Township 51 North, Range 17 West, and that part of Government Lot 6, Section 1, and Government Lot 6, Section 2, described as follows:
Commencing at an iron pin at the
centerline curve point of Trunk Highway No. 2, being the Minnesota
Department of Transportation Station No. 2637 + 00, said point bears North
76 degrees 18 minutes 00 seconds West, assumed bearing 762.00 feet from the
point of intersection of the tangent of said Trunk Highway No. 2, being an
aluminum-capped monument on the cap of which are stamped the figures "2644
62.0" and the letters "PI," "Minn Highway Dept. Monument,"
thence South 13 degrees 42 minutes 00 seconds West 100.00 feet along the
prolongation of the radial line from said curve point, to the southerly
right-of-way line of said Trunk Highway No. 2, the point of beginning of
the tract to be herein described; thence easterly 622.50 feet along said
southerly right-of-way line, along a nontangential curve, concave to the North,
having a radius of 5,830.00 feet, a central angle of 6 degrees 07 minutes 04
seconds, and the chord of said curve bears South 79 degrees 21 minutes 32
seconds East; thence South 26 degrees 25 minutes 57 seconds West 284.19 feet;
thence South 88 degrees 07 minutes 14 seconds West 769 feet, more or less, to
the shore of the St. Louis River; thence northerly along said shore to its
intersection with a line that bears North 76 degrees 18 minutes 00 seconds West
from the point of beginning; thence South 76 degrees 18 minutes 00 seconds East
274 feet, more or less, to the point of beginning, Section 1; and
(ii) Government Lot 1, Section 12;
(4) those parts of St. Louis
County in Township 51 North, Range 17 West, described as follows:
(i) Government Lots 3, 4, 5, 6, and 8,
Section 3;
(ii) Government Lots 1, 2, 3, 4, 5, 6, 7, 8, and 9 and the Northwest Quarter of the Northeast Quarter, Southeast Quarter of the Northwest Quarter, and East Half of the Southeast Quarter, Section 9;
(iii) Government Lots 1, 2, 5, and 8 and
the Southwest Quarter of the Southeast Quarter, Section 16;
(iv) Government Lots 2, 3, 4, 5, 6, 7,
8, and 9 and the Southeast Quarter of the Southeast Quarter of the Northwest
Quarter of the Northwest Quarter, Section 20;
(v) Government Lot 1 and the Southwest
Quarter of the Southwest Quarter, Section 29;
(vi)
Government Lots 4, 5, 6, 7, 8, 9, 10, 11, and 12 and the Northeast Quarter of
Southwest Quarter, Section 30; and
(vii) Government Lots 1, 2, 3, 4, 5,
and 6, Section 31;
(5) those parts of St. Louis
County in Township 51 North, Range 18 West, described as follows:
(i) Government Lots 1 and 2, Section
27;
(ii)
Government Lot 1, Section 28, except railroad right-of-way;
(iii) Government Lots 2, 3, and 4,
Section 28;
(iv) Government Lots 3 and 4, Section
29;
(v) Government Lots 2, 3, and 4, Section
30;
(vi) Government Lots 3 and 4, Section
35; and
(vii) Government Lots 1, 2, 3, 4, 5, 6,
7, and 8 and the Northeast Quarter of the Northwest Quarter, Northeast Quarter
of the Southeast Quarter, Southeast Quarter of the Southeast Quarter, and
Southwest Quarter of the Southeast Quarter, Section 36, reserving a
66-foot-wide access easement across Government Lots 5 and 6 and the Southwest
Quarter of the Southeast Quarter for access to Grantor's property in Section
31, Township 51 North, Range 17 West;
(6) those parts of St. Louis County
in Township 51 North, Range 19 West, described as follows:
(i) that part of Government Lots 1, 2,
and 3, Section 26, lying North of the St. Louis River and Government Lot
7, Section 28;
(ii) Government Lot 8, Section 28, lying
northerly of G. N. right-of-way and Government Lot 5, Section 30;
(iii) Government Lots 7 and 10, Section
30, except right-of-way;
(iv) Government Lot 9, Section 30; and
(v) Government Lot 1, Section 31, lying
northerly of the northerly railroad right-of-way line;
(7) those parts of St. Louis County
in Township 51 North, Range 20 West, described as follows:
(i) Government Lot 2, Section 16;
(ii) Government Lot 8, Section 22;
(iii) Government Lot 3, Section 26;
(iv) Government Lots 1, 2, 3, and 4,
Section 36; and
(v) Government Lots 6, 7, and 8, Section
36, except railroad right-of-way;
(8) those parts of St. Louis County
in Township 52 North, Range 15 West, described as follows:
(i) Government Lots 3, 4, 5, and 6,
Section 16;
(ii) Government Lots 1, 2, 3, 4, 5, 7,
and 8, Section 17, and Government Lot 6, Section 17, except the West 330 feet;
and
(iii) Government Lots 3, 4, 5, 6, and 7,
Section 19;
(9) those parts of St. Louis County
in Township 52 North, Range 16 West, described as follows:
(i) Government Lots 1, 2, 3, 4, and 5
and the Southeast Quarter of the Southeast Quarter, Northeast Quarter of the
Southwest Quarter, and Southwest Quarter of the Southwest Quarter, Section 21;
(ii)
Government Lots 2, 3, 4, 5, 6, 7, 8, 9, and 10 and the Northeast Quarter of the
Northwest Quarter and Northwest Quarter of the Northwest Quarter, Section 22;
(iii) Government Lot 3, Section 23;
(iv) Government Lot 2, Section 24;
(v) Government Lots 1, 4, 5, 6, 7, 8,
9, and 10, Section 25;
(vi) Government Lot 1, Section 26;
(vii) Government Lots 2 and 7, Section
26;
(viii) Government Lots 3 and 4, Section
27, reserving unto Grantor and Grantor's successors and assigns a 66‑foot-wide
access road easement across said Government Lot 3 for the purpose of access to
Grantor's or Grantor's successors or assigns land and Grantor's presently owned
land that may be sold, assigned, or transferred in Government Lot 1, Section
27, said access road being measured 33 feet from each side of the centerline of
that road that is presently existing at various widths and running in a
generally southwesterly-northeasterly direction;
(ix) Government Lots 1 and 2, Section
28;
(x) Government Lots 1, 2, 3, and 5 and
the Northeast Quarter of the Northeast Quarter and Southwest Quarter of the
Northeast Quarter, Section 29;
(xi) Government Lots 1, 2, 3, and 4,
Section 31, reserving unto Grantor and Grantor's successors and assigns a
66-foot-wide access road easement across said Government Lots 1, 2, and 3 for
the purpose of access to Grantor's or Grantor's successors or assigns land and
Grantor's presently owned lands that may be sold, assigned, or transferred in
Government Lot 4, Section 29, said access road being measured 33 feet from each
side of the centerline of that road that is presently existing at various
widths and running in a generally East-West direction and any future extensions
thereof as may be reasonably necessary to provide the access contemplated herein;
(xii) Government Lots 5, 7, 8, and 9,
Section 31;
(xiii) Government Lots 1 and 2, an
undivided two-thirds interest in the Northeast Quarter of the Northwest
Quarter, an undivided two-thirds interest in the Southeast Quarter of the
Northwest Quarter, and an undivided two‑thirds interest in the Southwest
Quarter of the Northwest Quarter, Section 32, reserving unto Grantor and
Grantor's successors and assigns an access road easement across the West 66
feet of the North 66 feet of said Government Lot 1 for the purpose of access to
Grantor's or Grantor's successors or assigns land and Grantor's presently owned
land that may be sold, assigned, or transferred in Government Lot 4, Section
29; and
(xiv) Northeast Quarter of Northeast
Quarter, Section 35;
(10) those parts of St. Louis
County in Township 52 North, Range 17 West, described as follows:
(i) the Southwest Quarter of the
Southeast Quarter and Southeast Quarter of the Southwest Quarter, Section 24,
reserving unto Grantor and Grantor's successors and assigns a 66-foot-wide
access road easement across said Southwest Quarter of the Southeast Quarter for
the purpose of access to Grantor's or Grantor's successors or assigns land and
Grantor's presently owned land that may be sold, assigned, or transferred in Government
Lot 4, Section 29, Township 52 North, Range 16 West, said access road being
measured 33 feet from each side of the centerline of that road that is
presently existing at various widths and running in a generally North-South
direction;
(ii)
Government Lots 2, 3, 4, 5, and 7 and the Southwest Quarter of the Northeast
Quarter, Section 25, reserving unto Grantor and Grantor's successors and
assigns a 66-foot-wide access road easement across said Government Lots 2 and 5
for the purpose of access to Grantor's or Grantor's successors or assigns land
and Grantor's presently owned land that may be sold, assigned, or transferred
in Government Lot 6, Section 25, said access road being measured 33 feet from
each side of the centerline of that road that is presently existing at various
widths and running in a generally northwesterly-southeasterly direction and any
future extensions thereof as may be reasonably necessary to provide the access
contemplated herein;
(iii) Government Lots 2, 4, 5, and 6 and
all that part of Government Lot 3 lying East of U.S. Highway 53, Section 26,
reserving unto Grantor and Grantor's successors and assigns a 66-foot-wide
access road easement across said Government Lots 2 and 3 for the purpose of
access to Grantor's or Grantor's successors or assigns land and Grantor's
presently owned land that may be sold, assigned, or transferred in Government
Lot 1, Section 26, said access road being measured 33 feet from each side of
the centerline of that road that is presently existing at various widths and
running in a generally southwesterly-northeasterly direction and reserving unto
Grantor and Grantor's successors and assigns a 66-foot-wide access road
easement across said Government Lots 4, 5, and 6 for the purpose of access to
Grantor's or Grantor's successors or assigns land and Grantor's presently owned
land that may be sold, assigned, or transferred in Government Lot 6, Section
25, said access road being measured 33 feet from each side of the centerline of
that road that is presently existing at various widths and running in a
generally southwesterly‑northeasterly direction and any future extensions
thereof as may be reasonably necessary to provide the access contemplated
herein; and
(iv) Government Lots 1, 2, and 3,
Section 36, reserving unto Grantor and Grantor's successors and assigns an
access road easement across the West 66 feet of said Government Lot 2 for the
purpose of access to Grantor's or Grantor's successors or assigns land and
Grantor's presently owned land that may be sold, assigned, or transferred in
the Southwest Quarter of the Northeast Quarter, Section 36;
(11) those parts of St. Louis
County in Township 52 North, Range 19 West, described as follows:
(i) Government Lot 1, Section 16;
(ii) Government Lots 1 and 2, Section
17; and
(iii) Government Lot 1, Section 19;
(12) those parts of St. Louis
County in Township 52 North, Range 20 West, described as follows:
(i) Government Lots 2, 3, and 4, Section
13;
(ii) Government Lot 6, Section 24;
(iii) that part of Government Lot 8,
Section 24, described as follows:
Commencing at the West Quarter corner of
said Section 24, which is also the northwest corner of Government Lot 8; thence
South 01 degree 36 minutes 01 second East (bearing assigned) 1,230.11 feet
along the west line of Government Lot 8 to the centerline of St. Louis
County Highway 29 and the point of beginning; thence North 46 degrees 59
minutes 59 seconds East along said centerline 445.91 feet; thence South 43 degrees
00 minutes 01 second East 82.57 feet to an iron pipe monument on the westerly
bank of the St. Louis River; thence continuing South 43 degrees 00 minutes
01 second East 30 feet, more or less, to the water's edge of the St. Louis
River; thence southwesterly along said water's edge to the west line of said
Government Lot 8; thence North 01 degree 36 minutes 01 second West along the
west line of said Government Lot 8 to the point of beginning;
(iv) Government Lots 3, 4, and 5 and the
Southeast Quarter of the Southwest Quarter, Section 26; and
(v)
Government Lots 1, 2, 3, and 4, Section 34;
(13) those parts of St. Louis
County in Township 53 North, Range 13 West, described as follows:
(i) all that part of the Northwest
Quarter of the Northwest Quarter lying North and West of the Little Cloquet
River, Section 4;
(ii) Government Lots 1, 2, 3, 4, and 5,
the Northeast Quarter of the Northeast Quarter, Northwest Quarter of the
Northeast Quarter, Southwest Quarter of the Northeast Quarter, Northeast Quarter
of the Northwest Quarter, Southeast Quarter of the Northwest Quarter, Northeast
Quarter of the Southwest Quarter, and Southwest Quarter of the Northwest
Quarter, Section 5;
(iii) Government Lots 1, 2, and 4 and
the Northwest Quarter of the Southeast Quarter, Southeast Quarter of the
Southeast Quarter, Southwest Quarter of the Southeast Quarter, Southeast
Quarter of the Southwest Quarter, and Southwest Quarter of the Southwest
Quarter, Section 6;
(iv) Government Lots 1, 2, 3, 4, 5, 6,
and 7 and the Northwest Quarter of the Northeast Quarter, Northeast Quarter of
the Northwest Quarter, Northwest Quarter of the Northwest Quarter, Southeast
Quarter of the Northwest Quarter, Southwest Quarter of the Northwest Quarter,
Southeast Quarter of the Southeast Quarter, and Northeast Quarter of the
Southwest Quarter, Section 7;
(v) Government Lots 1 and 2 and the
Northeast Quarter of the Northeast Quarter, Northwest Quarter of the Northeast
Quarter, Southeast Quarter of the Northeast Quarter, Southwest Quarter of the
Northeast Quarter, Northeast Quarter of the Southwest Quarter, Northwest
Quarter of the Southwest Quarter, and Southwest Quarter of the Southwest
Quarter, Section 8;
(vi) the Northeast Quarter of the
Northwest Quarter, Northwest Quarter of the Northwest Quarter, Southeast
Quarter of the Northwest Quarter, and Southwest Quarter of the Northwest
Quarter, Section 17;
(vii) Government Lots 1 and 4, Section
29;
(viii) Government Lots 1 and 2 and the
Northeast Quarter of the Northeast Quarter, Northwest Quarter of the Northeast
Quarter, Southeast Quarter of the Northeast Quarter, Northeast Quarter of the
Northwest Quarter, Northwest Quarter of the Northwest Quarter, Southeast
Quarter of the Northwest Quarter, and Southwest Quarter of the Northwest Quarter,
Section 30; and
(ix) Government Lots 1, 2, 3, and 4,
Section 31;
(14) Government Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10, Section 36, Township 53 North, Range 14 West, St. Louis County;
(15) those parts of St. Louis
County in Township 53 North, Range 18 West, described as follows:
(i) Government Lots 3, 6, 7, and 8,
Section 6; and
(ii) Government Lots 1 and 2, Section 7;
(16) those parts of St. Louis
County in Township 53 North, Range 19 West, described as follows:
(i) all that part of Government Lot 5
lying within 50 feet of the St. Louis River, Section 5, and Government
Lots 1, 2, 5, 6, 7, and 8, Section 12;
(ii)
Government Lots 1, 2, 3, 5, 8, and 9, Section 13;
(iii) all that portion of Government Lot
1, Section 23, that lies within 50 feet of the East bank of the Whiteface River
at mean stage of water;
(iv) all that portion of Government Lots
2, 4, and 5, Section 23, that lies within 50 feet of the West bank of the
Whiteface River at mean stage of water;
(v) all that part of Government Lot 7,
Section 23, lying West of the former DM&IR railroad right-of-way;
(vi) Government Lots 8 and 10, Section
23;
(vii) all that part of the Northwest
Quarter of the Southeast Quarter, Section 23, lying West of the former
DM&IR railroad right-of-way;
(viii) Government Lots 5, 7, and 8,
Section 31; and
(ix) Government Lot 5, Section 33;
(17) those parts of St. Louis
County in Township 54 North, Range 13 West, described as follows:
(i) Government Lots 1, 4, 5, 6, and 7,
Section 20;
(ii) Government Lots 3, 4, 6, 7, and 8
and the Southeast Quarter of the Southwest Quarter, Section 21;
(iii) Government Lots 1, 2, 3, 4, 5, and
7, Section 29;
(iv) Government Lots 1, 2, 3, 4, 9, and
10, Section 30; and
(v) Government Lots 5, 6, and 7 and the
Northeast Quarter of the Northeast Quarter, Northwest Quarter of the Northeast
Quarter, Southwest Quarter of the Northeast Quarter, Southeast Quarter of the
Northwest Quarter, and Northwest Quarter of the Southeast Quarter, Section 31;
(18) those parts of St. Louis
County in Township 54 North, Range 16 West, described as follows:
(i) Government Lots 2, 3, and 4 and the
Northwest Quarter of the Southwest Quarter, Southeast Quarter of the Northwest
Quarter, Southeast Quarter of the Northeast Quarter, and Southwest Quarter of
the Northeast Quarter, Section 1;
(ii) Government Lots 1, 2, 3, 4, 6, 7,
and 8 and the Northwest Quarter of the Southeast Quarter, Northeast Quarter of
the Southeast Quarter, Southwest Quarter of the Southeast Quarter, Southeast
Quarter of the Southeast Quarter, Southeast Quarter of the Southwest Quarter,
and Southeast Quarter of the Northeast Quarter, Section 2;
(iii) all that part of Government Lot 9
lying South of the Whiteface River and West of County Road 547, also known as
Comstock Lake Road, Section 3; and
(iv) Government Lots 3 and 4 and the
Southeast Quarter of the Northeast Quarter and Southwest Quarter of the
Northeast Quarter, Section 10;
(19) those parts of St. Louis
County in Township 54 North, Range 18 West, described as follows:
(i) the South Half of the Southwest
Quarter, except the railroad right-of-way, Section 15;
(ii)
Government Lot 2, except the North 660 feet of the East 990 feet, Section 16;
(iii) Government Lots 1, 3, 4, 5, 6, 7,
and 8, Section 16;
(iv) Government Lot 3, Section 20;
(v) Government Lots 1, 2, 3, 4, and 5,
Section 21;
(vi) Government Lots 1, 4, 5, and 7,
Section 22;
(vii) those parts of Government Lots 2
and 9, except railroad right-of-way, Section 22;
(viii) all that part of Government Lot
6, Section 22, lying West of the Duluth Mesaba and Northern Railway Company's
right-of-way;
(ix) Government Lot 9, Section 22, except the following parcels:
(A) beginning at a point where the
south line of company road, called Kelsey Road, intersects with the west line
of the right-of-way of the Duluth, Missabe and Northern Railway on the
Northeast Quarter of the Southeast Quarter, Section 22, Township 54, Range 18;
thence West along the south line of said company road 627 feet; thence South
348 1/3 feet; thence East 627 feet to the west line of the right-of-way of the
Duluth, Missabe and Northern Railway; thence North on the west line of said
right-of-way 348 1/3 feet to commencement;
(B) beginning at the quarter corner
between Sections 22 and 23, Township 54, Range 18; thence running North along
the section line 114 feet, 6 inches, to the south line of Kelsey Road; thence
northwesterly along the south line of Kelsey Road 348 feet, 8 inches, to the
boundary of the right-of-way of the Duluth, Missabe and Northern Railway,
thence South along the easterly boundary of the right-of-way of the Duluth,
Missabe and Northern Railway 274 feet to the quarter line on Section 22; thence
easterly along said quarter line 304 feet, 6 inches, to the point of beginning;
and
(C) commencing at the southwest corner
of Riverside Cemetery as recorded in "P" of Plats, Page 15; thence
easterly along the south line of said cemetery to a point where said cemetery
line intersects the westerly line of Highway No. 7, also known as Mesaba
Trunk Highway; thence southerly along the westerly line of said Highway No. 7
to a point where said westerly line of said Highway No. 7 intersects the
south line of Lot 9, Section 22, Township 54, Range 18; thence westerly along
the southerly line of said Lot 9 to a point where the southerly line intersects
the easterly line of the DM & N Railway Company's right-of-way; thence
northerly along the easterly side of said DM & N Railway Company's
right-of-way to beginning;
(x) Government Lots 2, 3, 4, 5, 6, 7,
and 8, Section 29;
(xi) Government Lots 5 and 6, Section
30; and
(xii) Government Lots 3, 4, 5, 6, 9,
10, 11, and 12, Section 31;
(20) those parts of St. Louis
County in Township 54 North, Range 19 West, described as follows:
(i) Government Lots 5, 6, 7, 8, and 9,
Section 5;
(ii) Government Lots 1, 2, 3, 4, 5, 6,
7, and 8, Section 8;
(iii) Government Lots 1, 2, 3, 4, 5, 6,
7, and 8, Section 20;
(iv)
Government Lots 2 and 3, Section 29;
(v) Government Lot 1, Section 32;
(vi) Government Lot 5, except the South
1,320 feet, Section 32; and
(vii) Government Lot 2, Section 33;
(21) those parts of St. Louis
County in Township 55 North, Range 15 West, described as follows:
(i) Governments Lot 1 and 2, Section 11;
(ii) Government Lot 9, except Highway 4
right-of-way, Section 11;
(iii) Government Lot 10, except Highway
4 right-of-way, Section 11;
(iv) Government Lots 2, 3, 4, 5, 6, and
7, Section 15;
(v) Government Lots 2, 3, 5, 6, 7, and 8
and the Northeast Quarter of Southwest Quarter, Section 21;
(vi) the Southwest Quarter of the
Northeast Quarter, reserving unto Grantor and Grantor's successors and assigns
a 66-foot-wide access easement across said Southwest Quarter of the Northeast
Quarter for the purpose of access to Grantor's or Grantor's successors or
assigns land and Grantor's presently owned land that may be sold, assigned, or
transferred in Government Lot 4, Section 21, Township 55 North, Range 15 West,
said access road being measured 33 feet on each side of the centerline of that
road that is presently existing and known as the Whiteface Truck Trail, Section
21;
(vii) Government Lots 1, 2, and 3,
Section 22;
(viii) Government Lots 1 and 2 and the
Northeast Quarter of the Northwest Quarter, Section 28;
(ix) Government Lots 1, 4, 6, 8, and 9
and the Northeast Quarter of the Northeast Quarter, Northeast Quarter of the
Southeast Quarter, and Northwest Quarter of the Southwest Quarter, Section 29;
(x) Government Lots 3 and 4 and the
Northeast Quarter of the Southeast Quarter, Northeast Quarter of the Southwest
Quarter, and Southeast Quarter of the Southwest Quarter, Section 30;
(xi) Government Lots 2, 3, 4, 5, 6, 8,
9, 10, and 11 and the Northeast Quarter of the Southwest Quarter, Section 31;
and
(xii) Government Lot 1, Section 32;
(22) those parts of St. Louis
County in Township 55 North, Range 16 West, described as follows:
(i) the Southwest Quarter of the
Southeast Quarter, reserving unto Grantor and Grantor's successors and assigns
a 66-foot-wide access road easement across said Southwest Quarter of the
Southeast Quarter for the purpose of access to Grantor's or Grantor's
successors or assigns land and Grantor's presently owned land that may be sold,
assigned, or transferred in Government Lot 5, Section 1, Township 54 North,
Range 16 West, Section 35; and
(ii) the Southeast Quarter of the
Southeast Quarter, reserving unto Grantor and Grantor's successors and assigns
a 66-foot-wide access road easement across said Southeast Quarter of the
Southeast Quarter for the purpose of access to Grantor's or Grantor's
successors or assigns land and Grantor's presently owned land that may be sold,
assigned, or transferred in Government Lot 5, Section 1, Township 54 North,
Range 16 West, Section 35;
(23)
those parts of St. Louis County in Township 55 North, Range 19 West,
described as follows:
(i) an undivided two-thirds interest in
Government Lot 1, Section 2;
(ii) Government Lots 2, 9, 10, and 12,
Section 2;
(iii) Government Lot 11, Section 2, except
railroad right-of-way;
(iv) Government Lots 1, 2, 3, 4, and 6,
Section 10;
(v) Government Lot 4, Section 11;
(vi) Government Lots 1, 2, 6, 7, and
13, Section 15;
(vii) Government Lots 1 and 2, Section
16;
(viii) Government Lots 1 and 3 and the Southeast
Quarter of the Northeast Quarter and Southwest Quarter of the Northeast
Quarter, Section 22;
(ix) Government Lots 3, 4, 5, 6, 7, and
8 and the Northeast Quarter of the Northwest Quarter, Section 29;
(x) Government Lot 6, Section 30; and
(xi) Government Lots 4, 7, 8, 9, and
10, Section 31;
(24) those parts of St. Louis
County in Township 56 North, Range 17 West, described as follows:
(i) Government Lots 2 and 8 and the
Northwest Quarter of the Southeast Quarter and Northeast Quarter of the Southwest
Quarter, Section 3;
(ii) Government Lots 4, 5, 6, 7, and 9,
Section 3; and
(iii) Government Lots 6 and 9, that
part of Government Lot 8 lying North of Highway No. 53, and that part of
Government Lot 7 lying West of Highway No. 53, Section 4;
(25) those parts of St. Louis
County in Township 56 North, Range 18 West, described as follows:
(i) Government Lots 5 and 6, Section 2;
(ii) Government Lots 5, 7, and 9 and
the Northeast Quarter of the Southwest Quarter, Section 3;
(iii) all that part of Government Lot 11, except the following described parcel of land:
Beginning at a point that is located 958
feet North of the southeast corner of said Government Lot 11, which corner is
also the southeast corner of said Section 3, and 33 feet West of the east line
of said Lot 11; thence running North parallel with the east line of said Lot 11
a distance of 700.5 feet to a point; thence southwesterly to a point that is
331.5 feet West and 1226 feet North of the southeast corner of said Lot 11;
thence southerly parallel with the east line of said lot, a distance of 268
feet to a point; thence easterly a distance of 298.5 feet to the place of
beginning, Section 3;
(iv) Government Lot 12, Section 3,
except the following described parcels of land:
(A)
commencing at a point along the East and West One-Quarter line of said Section
3, which point is 33 feet West of the East One-Quarter corner of said Section
3, said point being on the west right-of-way line of County Highway No. 7;
thence westerly along said quarter line for a distance of 300 feet to a point;
thence southerly at right angles and parallel to the highway right-of-way in
question for a distance of 300 feet to a point; thence easterly for a distance
of 300 feet to a point in the west right-of-way line of County Highway No. 7;
thence northerly along the west right-of-way line of County Highway No. 7
for a distance of 300 feet to the point of beginning;
(B) commencing at the East Quarter corner of said Section 3; thence westerly along the East/West Quarter line of said Section 3 a distance of 33.00 feet to the westerly right-of-way line of County Highway No. 7; thence continuing westerly along said East/West Quarter line a distance of 300.00 feet to the point of beginning; thence southerly, parallel with the westerly right-of-way line of County Highway No. 7 a distance of 400.00 feet; thence westerly, parallel with said East/West Quarter line to the easterly right-of-way line of the DM&IR Railroad; thence northerly along said easterly right-of-way line to said East/West Quarter line; thence easterly along said East/West Quarter line to the point of beginning; and
(C) the East 33 feet of the North 300
feet of said Government Lot 12;
(v) the Southeast Quarter of the
Southeast Quarter, Section 4;
(vi) the Southeast Quarter of the
Southeast Quarter, Section 7;
(vii) Government Lots 6 and 7, Section
8;
(viii) Government Lots 1 and 2, Section
9;
(ix) Government Lots 2 and 3, Section
17;
(x)
Government Lots 5, 6, 7, 9, 10, 11, 12, and 13 and the Southeast Quarter of the
Northwest Quarter, Section 18;
(xi) Government Lots 6, 7, 8, 9, 11,
and 12 and the Northeast Quarter of the Northwest Quarter, Section 19;
(xii) Government Lots 1, 5, 8, and 9,
Section 20;
(xiii) Government Lots 4, 5, 6, 7, and
8 and Government Lot 3, except for 1.0 acre for cemetery, Section 29;
(xiv) Government Lot 9, Section 30;
(xv) Government Lots 1, 2, 3, 6, 8, 9,
10, and 11, Section 31; and
(xvi) Government Lots 1 and 2, Section
32;
(26) those parts of St. Louis
County in Township 56 North, Range 19 West, described as follows:
(i) Government Lot 1, Section 35;
(ii) Government Lot 2, Section 35; and
(iii) Government Lots 1, 2, 3, 4, 5, 6,
7, 8, and 9 and the Southeast Quarter of the Southeast Quarter and Southwest Quarter
of the Northeast Quarter, Section 36;
(27)
those parts of St. Louis County in Township 57 North, Range 16 West,
described as follows:
(i) the Southeast Quarter of the
Northwest Quarter, Northwest Quarter of the Northeast Quarter, Southwest
Quarter of the Southwest Quarter, and Northeast Quarter of the Southwest
Quarter, Section 12; and
(ii) the Southeast Quarter of the Northwest Quarter, Section 15; and
(28) those parts of St. Louis
County in Township 57 North, Range 17 West, described as follows:
(i)
the Northeast Quarter of the Southwest Quarter and Southwest Quarter of the
Southwest Quarter, Section 25; and
(ii)
the Southeast Quarter of the Southeast Quarter and the Northeast Quarter of the
Southeast Quarter, Section 26.
Sec. 119. PRIVATE
SALE OF TAX-FORFEITED LAND; AITKIN COUNTY.
(a) Notwithstanding the public sale
provisions of Minnesota Statutes, chapter 282, or other law to the contrary,
Aitkin County may sell by private sale the tax-forfeited land described in
paragraph (c).
(b) The conveyance must be in a form
approved by the attorney general. The
attorney general may make changes to the land description to correct errors and
ensure accuracy.
(c) The land to be sold is located in
Aitkin County and is described as:
The North Half of the Northeast Quarter of
the Northeast Quarter lying East of 275th Avenue in Section 11, Township 47
North, Range 25 West, Aitkin County, Minnesota (part of parcel 15-0-017700).
(d) The county has determined that the
county's land management interests would best be served if the land was
returned to private ownership.
Sec. 120. GOODHUE
COUNTY; LAND TRANSFERS.
Subdivision 1. Land
transfers. (a)
Notwithstanding Minnesota Statutes, section 373.01, subdivision 1, paragraph
(a), clause (3), Goodhue County may sell, lease, or otherwise convey
county-owned land that abuts Lake Byllesby to adjoining property owners who
after the transfer will have direct access to Lake Byllesby. Any sale, lease, or other conveyance must be
for the market value of the property as appraised by the county. A sale, lease, or other conveyance under this
section must reserve to the county mineral rights according to Minnesota
Statutes, section 373.01, and flowage easements relating to water levels of
Lake Byllesby.
(b) This section does not apply to any
county-owned land that has been developed by the county as public parkland.
Subd. 2. Effective
date; local approval. This
section is effective the day after the governing body of Goodhue County and its
chief clerical officer comply with Minnesota Statutes, section 645.021,
subdivisions 2 and 3.
Sec. 121. PRIVATE
SALE OF TAX-FORFEITED LANDS; ITASCA COUNTY.
(a) Notwithstanding the public sale
provisions of Minnesota Statutes, chapter 282, or other law to the contrary,
Itasca County may sell by private sale the tax-forfeited lands described in
paragraph (c).
(b) The conveyances must be in a form
approved by the attorney general. The
attorney general may make changes to the land descriptions to correct errors
and ensure accuracy.
(c)
The lands to be sold are located in Itasca County and are described as:
(1) all that part of Government Lot 2,
Section 27, Township 145 North, Range 26 West, lying northeasterly of the
northeasterly right-of-way line of CSAH 39 and northwesterly of the following
described line: Commencing at the
northwest corner of said Government Lot 2; thence South 89 degrees 21 minutes
East, along the north line of said Government Lot 2 a distance of 286 feet,
more or less, to a point on the northeasterly right-of-way line of the CSAH 39
right-of-way; thence South 51 degrees 01 minute East, 260.41 feet to the point
of beginning of the line to be described; thence North 42 degrees 11 minutes
East to intersect the water's edge of Ball Club Lake and there said line
terminates; and
(2) the South two rods of the East 16
rods of Government Lot 14, Section 4, Township 60 North, Range 26 West of the
Fourth Principle Meridian, containing approximately 0.20 acres.
(d) The county has determined that the
county's land management interests would best be served if the lands were
returned to private ownership.
Sec. 122. PRIVATE
SALE OF SURPLUS LAND BORDERING PUBLIC WATERS; ROSEAU COUNTY.
(a) Notwithstanding Minnesota Statutes,
sections 92.45, 94.09, and 94.10, the commissioner of natural resources may
sell by private sale the surplus island located in public water that is
described in paragraph (d) to a local unit of government for less than market
value.
(b) The commissioner may make necessary
changes to the legal description to correct errors and ensure accuracy.
(c) The land described in paragraph (d)
may be sold by quitclaim deed and the conveyance must provide that the land
described in paragraph (d) be used for the public and reverts to the state if
the local unit of government fails to provide for public use or abandons the
public use of the land. The conveyance
is subject to a flowage easement held by the United States of America.
(d) The land that may be conveyed is
located in Roseau County and is described as:
an unsurveyed island located in the approximate center of the South Half
of the Southeast Quarter of Section 29, Township 163 North, Range 36 West,
Roseau County, Minnesota; said island contains 6.7 acres, more or less (parcel
identification number 563199100).
(e) The island is located in Warroad
River and was created after statehood when dredge spoils were deposited on a
sandbar in the Warroad River. The
Department of Natural Resources has determined that the land is not needed for
natural resource purposes, the conveyance would further the public interest,
and the state's land management interests would best be served if the land was
conveyed to a local unit of government for a public park and other public use.
Sec. 123. PRIVATE
SALE OF TAX-FORFEITED LANDS; ST. LOUIS COUNTY.
(a) Notwithstanding the public sale
provisions of Minnesota Statutes, chapter 282, or other law to the contrary, St. Louis
County may sell by private sale the tax-forfeited lands described in paragraph
(c).
(b) The conveyances must be in a form
approved by the attorney general. The
attorney general may make changes to the land descriptions to correct errors
and ensure accuracy.
(c) The lands to be sold are located in
St. Louis County and are described as:
(1)
the South Half of the North Half of the South Half of the Southwest Quarter of
the Northwest Quarter, except the East 470 feet and except the part taken for a
road, Township 50 North, Range 15 West, Section 29 (parcel identification
number 395-0010-08713);
(2) the East 271 feet of the West 371
feet of the North 669.94 feet of the Northwest Quarter of the Northwest Quarter
of Section 34, Township 61 North, Range 15 West of the Fourth Principal
Meridian. Together with the West 100
feet of the North 669.94 feet of the Northwest Quarter of the Northwest Quarter
of Section 34, Township 61 North, Range 15 West of the Fourth Principal
Meridian, which lies South of the North 300 feet thereof (part of parcel
identification number 410-0024-00550);
(3) the West 371 feet of the Northwest
Quarter of the Northwest Quarter of Section 34, Township 61 North, Range 15
West of the Fourth Principal Meridian, which lies South of the North 669.94
feet thereof (part of parcel identification number 410-0024-00550); and
(4) the Northeast Quarter, except the
Southwest Quarter, and the North Half of the Northwest Quarter, Township 52
North, Range 19 West, Section 24 (part of parcel identification number
470-0010-03830).
(d) The county has determined that the
county's land management interests would best be served if the lands were
returned to private ownership.
Sec. 124. ST. LOUIS
COUNTY; LEASE.
Notwithstanding Minnesota Statutes, section
282.04, St. Louis County may lease property legally described as part of
Government Lot 5 except the lake portion of Embarrass Mine, Township 58 North,
Range 15 West, Section 5, to the city of Aurora and the town of White for a
water intake and treatment plant under Laws 2018, chapter 214, article 1,
section 22, subdivision 6. The lease
must be in a form approved by the attorney general and for a term of 40 years.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 125. CONVEYANCE
OF CERTAIN PARCELS; ST. LOUIS COUNTY.
(a) Notwithstanding conflicting
requirements in section 373.01, St. Louis County may convey, at no charge,
small parcels of nonconforming property to the adjoining or surrounding owners
subject to the following conditions:
(1) the parcels must be five acres or
less in size;
(2) the parcels were acquired prior to
December 31, 1960;
(3) the conveyance will be restricted to
the adjoining or surrounding property;
(4) the adjoining parcel that the county
land is to be conveyed to must abut the county parcel on two or more sides; and
(5) no delinquent property taxes are
owed on the adjoining or surrounding property to be eligible for the
conveyance.
(b) This section shall be liberally
construed to encourage the transfer of ownership of nonconforming real property
and promote its return to the tax rolls.
EFFECTIVE
DATE. This section is
effective the day after the governing body of St. Louis County and its
chief clerical officer comply with Minnesota Statutes, section 645.021,
subdivisions 2 and 3.
Sec. 126. PRIVATE
SALE OF TAX-FORFEITED LAND; BELTRAMI COUNTY.
(a) Notwithstanding the public sale
provisions of Minnesota Statutes, chapter 282, or other law to the contrary,
Beltrami County may sell by private sale the tax-forfeited lands described in
paragraph (c).
(b) The conveyances must be in a form
approved by the attorney general. The
attorney general may make changes to the land descriptions to correct errors
and ensure accuracy.
(c) The lands to be sold are located in
Beltrami County and are described as:
(1) the East 285 feet of the North 55
feet of the South Half of the Southeast Quarter, Section 13, Township 149
North, Range 32 West of the Fifth Principle Meridian (parcel identification
number 16.00170.00);
(2) Lot 6, Block 12, Plat of Redby,
Section 19, Township 151 North, Range 33 West (parcel identification number
36.00027.00);
(3) Lot 7, Block 16, Plat of Redby,
Section 20, Township 151 North, Range 33 West (parcel identification number
36.00052.00);
(4) Lot 8, Block 16, Plat of Redby,
Section 20, Township 151 North, Range 33 West (parcel identification number
36.00053.00);
(5) Lot 9, Block 16, Plat of Redby,
Section 20, Township 151 North, Range 33 West (parcel identification number
36.00054.00);
(6) Lots 10, 11, and 12, Block 16, Plat
of Redby, Section 20, Township 151 North, Range 33 West (parcel identification
number 36.00055.00);
(7) the southerly 200 feet of vacated
Block 28, Plat of Redby, less the northerly 75 feet of the westerly 150 feet
thereof and less the easterly 170 feet thereof, Section 20, Township 151 North,
Range 33 West (parcel identification number 36.00077.00);
(8) Lot 4, Block 29, Plat of Redby,
Section 20, Township 151 North, Range 33 West (parcel identification number
36.00081.00); and
(9) Lot 1, Block 62, Plat of Redby,
Section 19, Township 151 North, Range 33 West (parcel identification number
36.00148.00).
(d) The county has determined that the
county's land management interests would best be served if the lands were
returned to private ownership.
Sec. 127. PRIVATE
SALE OF SURPLUS LAND BORDERING PUBLIC WATER; SHERBURNE COUNTY.
(a) Notwithstanding Minnesota Statutes,
sections 92.45, 94.09, and 94.10, the commissioner of natural resources may
sell by private sale the surplus land bordering public water that is described
in paragraph (c) to a local unit of government for less than market value.
(b)
The commissioner may make necessary changes to the legal description to correct
errors and ensure accuracy.
(c)
The land that may be sold is located in Sherburne County and is described as: that part of Government Lot 3, Section 24,
Township 33 North, Range 28 West, described as follows:
The East 400 feet of Government Lot 3,
Section 24, Township 33 North, Range 28 West, according to the United States
Government survey thereof.
(d) The land borders Big Lake. The Department of Natural Resources has
determined that the land is not needed for natural resource purposes and that
the state's land management interests would best be served if the land were
conveyed to a local unit of government.
Sec. 128. TIMBER
PERMITS; CANCELLATION AND EXTENSION.
Subdivision 1. Eligibility. (a) For the purposes of this section,
an "eligible permit" is a timber permit issued before July 1, 2020.
(b) In order to be eligible under this
section, a permit holder must not be delinquent or have an active willful
trespass with the state.
(c) In order to be eligible under
subdivisions 2, 4, and 5, a permit holder must submit the written request to
the commissioner of natural resources by August 31, 2021. Notwithstanding any provisions to the
contrary in Minnesota Statutes, chapter 90, permits that expired between
January 1, 2021, and June 30, 2021, are eligible if they meet the requirements
of this section.
Subd. 2. Extensions. Notwithstanding any provisions to the
contrary in Minnesota Statutes, chapter 90, upon written request to the
commissioner of natural resources by the holder of an eligible permit with more
than 30 percent of the total permit volume in any combination of spruce or
balsam fir, the commissioner may grant an extension of the permit for two years
without penalty or interest.
Subd. 3. Unused
balsam fir. Notwithstanding
any provisions to the contrary in Minnesota Statutes, chapter 90, the
commissioner of natural resources may cancel any provision in a timber sale
that requires the security payment for or removal of all or part of the balsam
fir when the permit contains more than 50 cords of balsam fir. The commissioner may require the permit
holder to fell or pile the balsam fir to meet management objectives.
Subd. 4. Refunds. (a) Notwithstanding any provisions to
the contrary in Minnesota Statutes, chapter 90, upon written request to the
commissioner of natural resources by the holder of an eligible permit that is
inactive and intact with more than 30 percent of the total permit volume in any
combination of spruce or balsam fir, the commissioner may cancel the permit and
refund the sale security, advance payments, or bid guarantee as applicable for
the permit to the permit holder.
(b) Notwithstanding any provisions to
the contrary in Minnesota Statutes, chapter 90, upon written request to the
commissioner of natural resources by the holder of an eligible active permit
with more than 30 percent of the total permit volume in any combination of
spruce or balsam fir and a previously existing cutting block agreement, the
commissioner may cancel any intact cutting block designated in the permit that
was not bonded or bonded before July 1, 2020, and refund security, as
applicable, for the cutting block to the permit holder. Any partially harvested cutting block is
ineligible to be canceled under this paragraph.
The remaining provisions of the permit remain in effect.
Subd. 5. Good
Neighbor Authority. Notwithstanding
any provisions to the contrary in Minnesota Statutes, chapter 90, the
commissioner of natural resources, in consultation with the United States
Forest Service, may negotiate and provide holders of eligible permits with more
than 30 percent of the total permit volume in any combination of spruce or
balsam fir a method to voluntarily return intact cutting blocks designated in
Good
Neighbor
Authority permits. Upon written request
by the eligible permit holder, the commissioner may cancel any intact cutting
block designated in the permit that was not bonded or bonded before July 1,
2020, and refund applicable security for the cutting block to the permit holder. Any partially harvested cutting block is
ineligible to be canceled under this subdivision. The remaining provisions of the permit remain
in effect.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 129. FACILITATE
ENGINEERED WOOD PRODUCT MANUFACTURING FACILITY; ITASCA COUNTY.
Notwithstanding any law to the
contrary, a corporation or other legal business entity that proposes an
economic development project to build an engineered wood product manufacturing
facility in Itasca County and that receives a written offer of financial
incentives to be provided for that project from both the Department of
Employment and Economic Development and the Department of Iron Range Resources
and Rehabilitation anytime during 2021 is exempt from the requirement to
conduct a mandatory environmental impact statement that is triggered solely by
the proposed facility's gross floor space area.
The business entity is still required to conduct an environmental
assessment worksheet (EAW) for any mandatory EAW categories, along with any
subsequent environmental permitting required for the project after
environmental review is complete. For
any work in wetlands that cannot be avoided or further minimized for this
project, the business entity must conduct all required wetland permitting and
agree to mitigate for any wetlands impacts at a ratio of 1.5 times the required
mitigation ratio determined by regulatory agencies. Any wetland credits must be purchased in the
same watershed.
Sec. 130. CONDITIONS
UPON TERMINATING CERTAIN MINERAL LEASES IN 2021.
If the commissioner of natural
resources terminates state mineral leases associated with a mine permit for an
operation to mine, provide direct reduction of ore, and make steel in calendar
year 2021, the commissioners of natural resources and the Pollution Control
Agency must wait at least two years after the termination before initiating
action to terminate environmental permits associated with the mining or
processing of iron ore from the lands, unless earlier termination is necessary
to ensure environmental protection or if otherwise governed by federal law. Nothing in this section prohibits a permittee
from proposing to amend or otherwise exercise any existing rights to transfer
or cancel permits under existing law. Nothing
in this section precludes the commissioner of natural resources from
terminating or transferring any state mineral leases issued in association with
the properties listed above, provided the termination or transfer complies with
all other requirements of Minnesota Statutes, chapter 93.
Sec. 131. SOLID
WASTE FACILITY REPORTING; RULEMAKING.
The commissioner of the Pollution
Control Agency must, under the good cause exemption in Minnesota Statutes,
section 14.388, subdivision 1, clause (3), amend rules to require reports to
the agency from a solid waste facility to be submitted by March 1 for the
previous calendar year.
Sec. 132. CARBON
SEQUESTRATION IN FORESTS OF THE STATE; GOALS.
The commissioner of natural resources
must establish goals for increasing carbon sequestration in public and private
forests in the state. To achieve the
goals, the commissioner must identify sustainable forestry strategies that
increase the ability of forests to sequester atmospheric carbon while enhancing
other ecosystem services, such as improved soil and water quality. By January 15, 2023, the commissioner must
submit a report with the goals and recommended forestry strategies to the
chairs and ranking minority members of the legislative committees and divisions
with jurisdiction over natural resources policy.
Sec. 133. AMENDING
FEEDLOT PERMITS.
The commissioner of the Pollution
Control Agency must, when necessary, amend all general and individual permits
for feedlots to conform with Minnesota Statutes, section 116.07, subdivision 7,
paragraph (h). A permit modification
under this section must be made in accordance with applicable federal permit
modification requirements.
EFFECTIVE
DATE. This section is
effective August 31, 2021, unless the federal Environmental Protection Agency
disapproves the changes under Code of Federal Regulations, title 40, section
123.62(b)(3), or other applicable federal law.
The commissioner of the Pollution Control Agency must notify the revisor
of statutes if this occurs.
Sec. 134. REPEALER.
(a) Minnesota Statutes 2020, sections
85.0505, subdivision 3; 85.0507; and 85.054, subdivision 19, are repealed.
(b) Minnesota Rules, part 7044.0350, is
repealed.
ARTICLE 3
DRIVING UNDER THE INFLUENCE UNIFORMITY
Section 1.
[84.765] OPERATING OFF-ROAD
RECREATIONAL VEHICLES WHILE IMPAIRED.
Subdivision 1. Definitions. As used in this section,
"controlled substance," "intoxicating substance," and
"off‑road recreational vehicle" have the meanings given in
section 169A.03.
Subd. 2. Acts
prohibited. (a) An owner or
other person having charge or control of an off-road recreational vehicle must
not authorize or allow an individual the person knows or has reason to believe
is under the influence of alcohol, a controlled substance, or an intoxicating
substance to operate the off-road recreational vehicle anywhere in the state or
on the ice of a boundary water of the state.
(b) A person who operates or is in
physical control of an off-road recreational vehicle anywhere in the state or
on the ice of a boundary water of the state is subject to chapter 169A.
(c) The provisions of chapters 169A,
171, and 609 relating to revoking, suspending, or canceling a driver's license,
an instruction permit, or a nonresident operating privilege for alcohol,
controlled substance, or intoxicating substance violations apply to operators
of off-road recreational vehicles and operating privileges for off-road
recreational vehicles.
(d) The commissioner of public safety
must notify a person of the period during which the person is prohibited from
operating an off-road recreational vehicle under section 169A.52, 169A.54, or
171.177.
(e) The court must promptly forward to
the commissioner of public safety copies of all convictions and criminal and
civil sanctions imposed under chapter 169A and section 171.177.
(f) If the person operating or in
physical control of an off-road recreational vehicle is a program participant
in the ignition interlock device program described in section 171.306, the
off-road recreational vehicle may be operated only if it is equipped with an
approved ignition interlock device and all requirements of section 171.306 are
satisfied. For purposes of this
paragraph, "program participant" and "ignition interlock
device" have the meanings given in section 171.306, subdivision 1.
Subd. 3. Penalties. (a) A person who violates subdivision
2, paragraph (a), or an ordinance conforming to subdivision 2, paragraph (a),
is guilty of a misdemeanor.
(b) A person who operates an off-road
recreational vehicle during the period the person is prohibited from operating
an off-road recreational vehicle under subdivision 2, paragraph (d), is subject
to the penalty provided in section 171.24.
Sec. 2. Minnesota Statutes 2020, section 84.795, subdivision 5, is amended to read:
Subd. 5. Operating
under influence of alcohol or controlled substance. A person may not operate or be in control
of an off-highway motorcycle anywhere in this state or on the ice of any
boundary water of this state while under the influence of alcohol or a
controlled substance, as provided in section 169A.20, and is subject to
sections 169A.50 to 169A.53 or 171.177. A
conservation officer of the Department of Natural Resources is a peace officer
for the purposes of sections 169A.20 and 169A.50 to 169A.53 or 171.177 as
applied to the operation of an off‑highway motorcycle in a manner not
subject to registration under chapter 168.
Sec. 3. Minnesota Statutes 2020, section 84.83, subdivision 5, is amended to read:
Subd. 5. Fines
and forfeited bail. The
disposition of Fines and forfeited bail collected from prosecutions of
violations of sections 84.81 to 84.91 84.90 or rules adopted
thereunder, and violations of section 169A.20 that involve off-road
recreational vehicles, as defined in section 169A.03, subdivision 16, are
governed by section 97A.065. must
be deposited in the state treasury. Half
the receipts must be credited to the general fund, and half the receipts must
be credited to the snowmobile trails and enforcement account in the natural
resources fund.
Sec. 4. [86B.33]
OPERATING WHILE IMPAIRED.
Subdivision 1. Definitions. For purposes of this section,
"controlled substance," "intoxicating substance," and
"motorboat in operation" have the meanings given under section
169A.03.
Subd. 2. Acts
prohibited. (a) An owner or
other person having charge or control of a motorboat must not authorize or
allow an individual the person knows or has reason to believe is under the
influence of alcohol, a controlled substance, or an intoxicating substance to
operate the motorboat in operation on waters of the state.
(b) A person who operates or is in
physical control of a motorboat on waters of the state is subject to chapter
169A.
(c) The provisions of chapters 169A,
171, and 609 relating to revoking, suspending, or canceling a driver's license,
an instruction permit, or a nonresident operating privilege for alcohol,
controlled substance, or intoxicating substance violations apply to motorboat
operators and to operating privileges for motorboats.
(d) The commissioner of public safety
must notify a person of the period during which the person is prohibited from
operating a motorboat under section 169A.52, 169A.54, or 171.177.
(e) The court must promptly forward to
the commissioner of public safety copies of all convictions and criminal and
civil sanctions imposed under chapter 169A and section 171.177.
(f) If the person operating or in
physical control of a motorboat is a program participant in the ignition
interlock device program described in section 171.306, the motorboat may be
operated only if it is equipped with an approved ignition interlock device and
all requirements of section 171.306 are satisfied. For purposes of this paragraph, "program
participant" and "ignition interlock device" have the meanings
given in section 171.306, subdivision 1.
Subd. 3. Penalties. (a) A person who violates subdivision
2, paragraph (a), or an ordinance conforming with subdivision 2, paragraph (a),
is guilty of a misdemeanor.
(b) A person who operates a motorboat
during the period the person is prohibited from operating a motorboat under
subdivision 2, paragraph (d), is guilty of a misdemeanor.
Sec. 5. Minnesota Statutes 2020, section 86B.705, subdivision 2, is amended to read:
Subd. 2. Fines
and bail money. (a) All fines,
installment payments, and forfeited bail money collected from persons convicted
of violations of violating this chapter or rules adopted
thereunder, or of a violation of section 169A.20 involving a motorboat, shall
must be deposited in the state treasury.
(b) One-half of Half the
receipts shall must be credited to the general revenue
fund. The other one-half of,
and half the receipts shall must be transmitted to the
commissioner of natural resources and credited to the water recreation
account for the purpose of boat and water safety.
Sec. 6. Minnesota Statutes 2020, section 97A.065, subdivision 2, is amended to read:
Subd. 2. Fines
and forfeited bail. (a) Fines
and forfeited bail collected from prosecutions of violations of: the game and fish laws or rules adopted
thereunder; sections 84.091 to 84.15 or rules adopted thereunder; sections
84.81 to 84.91 or rules adopted thereunder; section 169A.20, when the violation
involved an off-road recreational vehicle as defined in section 169A.03,
subdivision 16; chapter 348; and any other law relating to wild animals or
aquatic vegetation, must be paid to the treasurer of the county where the
violation is prosecuted. The county
treasurer shall submit one-half of deposited in the state treasury. Half the receipts to the commissioner
and credit the balance to the county general revenue fund except as provided in
paragraphs (b) and (c). In a county in a
judicial district under section 480.181, subdivision 1, paragraph (b), the
share that would otherwise go to the county under this paragraph must be
submitted to the commissioner of management and budget for deposit in the state
treasury and credited to the general fund must be credited to the
general fund, and half the receipts must be credited to the game and fish fund
under section 97A.055.
(b) The county treasurer shall submit
one-half of the receipts collected under paragraph (a) from prosecutions of
violations of sections 84.81 to 84.91 or rules adopted thereunder, and 169A.20,
except receipts that are surcharges imposed under section 357.021, subdivision
6, to the commissioner and credit the balance to the county general fund. The commissioner shall credit these receipts
to the snowmobile trails and enforcement account in the natural resources fund.
(c) The county treasurer shall indicate
the amount of the receipts that are surcharges imposed under section 357.021,
subdivision 6, and shall submit all of those receipts to the commissioner of
management and budget.
Sec. 7. Minnesota Statutes 2020, section 169A.20, subdivision 1, is amended to read:
Subdivision 1. Driving
while impaired crime; motor vehicle. It
is a crime for any person to drive, operate, or be in physical control of any
motor vehicle, as defined in section 169A.03, subdivision 15, except for
motorboats in operation and off-road recreational vehicles, within this
state or on any boundary water of this state when:
(1) the person is under the influence of alcohol;
(2) the person is under the influence of a controlled substance;
(3) the person is under the influence of an intoxicating substance and the person knows or has reason to know that the substance has the capacity to cause impairment;
(4)
the person is under the influence of a combination of any two or more of the
elements named in clauses (1) to (3);
(5) the person's alcohol concentration at the time, or as measured within two hours of the time, of driving, operating, or being in physical control of the motor vehicle is 0.08 or more;
(6) the vehicle is a commercial motor vehicle and the person's alcohol concentration at the time, or as measured within two hours of the time, of driving, operating, or being in physical control of the commercial motor vehicle is 0.04 or more; or
(7) the person's body contains any amount of a controlled substance listed in Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.
Sec. 8. Minnesota Statutes 2020, section 169A.52, is amended by adding a subdivision to read:
Subd. 9. Off-road
recreational vehicles and motorboats.
(a) The provisions of this section for revoking a driver's
license, permit, or nonresident operating privilege also apply to the operating
privilege for an off-road recreational vehicle and a motorboat.
(b) Upon certification by a peace
officer under subdivision 3, paragraph (a), or subdivision 4, paragraph (a) or
(c), the commissioner must notify a person that the person is prohibited from
operating off-road recreational vehicles and motorboats for the period provided
in subdivision 3, paragraph (a), or subdivision 4, paragraph (a).
Sec. 9. Minnesota Statutes 2020, section 169A.54, is amended by adding a subdivision to read:
Subd. 12. Off-road
recreational vehicles and motorboats.
(a) The provisions of this section for revoking a driver's
license or nonresident operating privilege also apply to the operating
privilege for an off-road recreational vehicle and a motorboat.
(b) Upon conviction, the commissioner
must notify a person that the person is prohibited from operating off-road
recreational vehicles and motorboats for the same period that the person's
driver's license or operating privilege is revoked or canceled under this
section.
Sec. 10. [171.188]
DRIVING WHILE IMPAIRED REVOCATION AND PROHIBITION; OFF-ROAD RECREATIONAL
VEHICLES AND MOTORBOATS.
(a) The provisions of this chapter for
revoking or canceling a driver's license or nonresident driving privilege for
alcohol, controlled substance, or intoxicating substance violations also apply
to the operating privileges for off-road recreational vehicles and motorboats.
(b) Upon conviction, the commissioner
must notify a person that the person is prohibited from operating off-road
recreational vehicles and motorboats for the same period that the person's
driver's license or driving privilege is revoked or canceled for the alcohol,
controlled substance, or intoxicating substance conviction.
Sec. 11. Minnesota Statutes 2020, section 171.306, is amended by adding a subdivision to read: