Minnesota Legislature
HF 902
2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act 1.2 relating to state government; appropriating money for 1.3 environmental and natural resources purposes; 1.4 establishing and modifying certain programs; 1.5 reorganizing environmental agencies; providing for 1.6 regulation of certain activities and practices; 1.7 providing for accounts, assessments, and fees; 1.8 creating the Clean Water Legacy Act; amending 1.9 Minnesota Statutes 2004, sections 15.01; 16A.125, 1.10 subdivision 5; 84.027, subdivisions 12, 15, by adding 1.11 a subdivision; 84.0274, by adding subdivisions; 1.12 84.0911, subdivision 2; 84.631; 84.775, subdivision 1; 1.13 84.788, subdivision 3, by adding a subdivision; 1.14 84.789, by adding a subdivision; 84.791, subdivisions 1.15 1, 2; 84.798, subdivision 1, by adding a subdivision; 1.16 84.804, subdivision 3; 84.82, subdivision 2, by adding 1.17 a subdivision; 84.8205, subdivisions 1, 3, 4, 6; 1.18 84.83, subdivision 3, by adding a subdivision; 84.86, 1.19 subdivision 1; 84.91, subdivision 1; 84.922, 1.20 subdivision 2, by adding a subdivision; 84.925, 1.21 subdivision 1, by adding a subdivision; 84.9256, 1.22 subdivision 1; 84.9257; 84.926; 84.928, subdivision 2; 1.23 84D.03, subdivision 4; 85.053, subdivisions 1, 2; 1.24 85.055, subdivision 2, by adding a subdivision; 85.42; 1.25 85.43; 86B.415, subdivisions 1, 2, 3, 4, 5, 6, by 1.26 adding a subdivision; 88.17, subdivision 1, by adding 1.27 subdivisions; 88.6435, subdivision 4; 89.039, 1.28 subdivision 1; 89.19, subdivision 2; 89.37, by adding 1.29 a subdivision; 92.03, subdivision 4; 93.22, 1.30 subdivision 1; 94.342, subdivisions 1, 3, 4, 5; 1.31 94.343, subdivisions 1, 3, 7, 8, 10, by adding 1.32 subdivisions; 94.344, subdivisions 1, 3, 5, 8, 10, by 1.33 adding a subdivision; 97A.055, subdivision 4b; 1.34 97A.061, by adding a subdivision; 97A.071, subdivision 1.35 2; 97A.075, subdivision 3; 97A.135, subdivision 2a; 1.36 97A.4742, subdivision 4; 97A.485, subdivisions 6, 7; 1.37 97A.551, by adding a subdivision; 97B.015, 1.38 subdivisions 1, 2, 5, 7; 97B.020; 97B.025; 97C.085; 1.39 97C.327; 97C.395, subdivision 1; 103F.535, subdivision 1.40 1; 103G.271, subdivision 6; 103G.301, subdivision 2; 1.41 103G.615, subdivision 2; 103I.681, subdivision 11; 1.42 115.06, subdivision 4; 115.551; 115A.03, subdivisions 1.43 21, 32a; 115A.06, subdivision 5; 115A.07, subdivision 1.44 1; 115A.072, subdivision 1; 115A.12; 115A.15, 1.45 subdivision 7; 115A.38, subdivision 1; 115A.545, 1.46 subdivision 1; 115A.929; 116.03, subdivision 1; 2.1 116.07, subdivision 4b; 116P.02, by adding a 2.2 subdivision; 116P.03; 116P.04, subdivision 5; 116P.05, 2.3 subdivision 2; 116P.07; 116P.08, subdivisions 3, 5, 6, 2.4 7, by adding subdivisions; 116P.09; 116P.10; 116P.11; 2.5 116P.12, subdivision 2; 116P.15, subdivision 2; 2.6 168.1296, subdivision 1; 169A.63, subdivision 6; 2.7 216B.2424, subdivisions 1, 2, 5a, 6, 8, by adding a 2.8 subdivision; 282.08; 282.38, subdivision 1; 296A.18, 2.9 subdivision 2; 297H.13, subdivision 2; 349.12, 2.10 subdivision 25; 462.357, subdivision 1e; 473.197, 2.11 subdivision 4; 473.846; 477A.12, by adding a 2.12 subdivision; 477A.145; Laws 2003, chapter 128, article 2.13 1, section 9, subdivision 6; Laws 2003, chapter 128, 2.14 article 1, section 167, subdivision 1; Laws 2004, 2.15 chapter 220, section 1; proposing coding for new law 2.16 in Minnesota Statutes, chapters 84; 86B; 92; 93; 97C; 2.17 116; 116P; 473; proposing coding for new law as 2.18 Minnesota Statutes, chapter 114D; repealing Minnesota 2.19 Statutes 2004, sections 84.901; 85.054, subdivision 1; 2.20 94.343, subdivision 6; 94.344, subdivision 6; 94.348; 2.21 94.349; 115A.03, subdivisions 8a, 22a; 115A.055, 2.22 subdivision 1; 115A.158, subdivision 3; 115D.03, 2.23 subdivision 4; 116.02, subdivision 5; 116.04; 116P.02, 2.24 subdivisions 2, 4; 116P.05; 116P.06; 116P.08, 2.25 subdivision 4; 473.156; 473.197, subdivisions 1, 2, 3, 2.26 5; 473.801, subdivision 6. 2.27 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.28 ARTICLE 1 2.29 ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS 2.30 OPTION B 2.31 Section 1. [ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.] 2.32 The sums shown in the columns marked "APPROPRIATIONS" are 2.33 appropriated from the general fund, or another named fund, to 2.34 the agencies and for the purposes specified in this article, to 2.35 be available for the fiscal years indicated for each purpose. 2.36 The figures "2006" and "2007," where used in this article, mean 2.37 that the appropriation or appropriations listed under them are 2.38 available for the fiscal year ending June 30, 2006, or June 30, 2.39 2007, respectively. The term "the first year" means the year 2.40 ending June 30, 2006, and the term "the second year" means the 2.41 year ending June 30, 2007. 2.42 SUMMARY BY FUND 2.43 2006 2007 TOTAL 2.44 General $ 110,654,000 $ 110,655,000 $ 221,309,000 2.45 State Government 2.46 Special Revenue 48,000 48,000 96,000 2.47 Environmental 56,663,000 56,970,000 113,633,000 2.48 Natural Resources 66,147,000 66,412,000 132,559,000 2.49 Game and Fish 84,857,000 86,629,000 171,486,000 3.1 Remediation 11,503,000 11,503,000 23,006,000 3.2 Permanent School 350,000 350,000 700,000 3.3 State Land and Water Conservation 3.4 Account (LAWCON) 1,600,000 -0- 1,600,000 3.5 Environment and Natural Resources 3.6 Trust Fund 18,829,000 18,829,000 37,658,000 3.7 Great Lakes Protection 3.8 Account 28,000 -0- 28,000 3.9 TOTAL $ 350,679,000 $ 351,396,000 $ 702,075,000 3.10 APPROPRIATIONS 3.11 Available for the Year 3.12 Ending June 30 3.13 2006 2007 3.14 Sec. 2. DEPARTMENT OF ENVIRONMENTAL 3.15 PROTECTION 3.16 Subdivision 1. Total 3.17 Appropriation $ 79,278,000 $ 79,585,000 3.18 Summary by Fund 3.19 General 11,164,000 11,164,000 3.20 State Government 3.21 Special Revenue 48,000 48,000 3.22 Environmental 56,663,000 56,970,000 3.23 Remediation 11,403,000 11,403,000 3.24 The amounts that may be spent from this 3.25 appropriation for each program are 3.26 specified in the following subdivisions. 3.27 Subd. 2. Water 3.28 25,872,000 25,872,000 3.29 Summary by Fund 3.30 General 7,317,000 7,317,000 3.31 State Government 3.32 Special Revenue 48,000 48,000 3.33 Environmental 18,507,000 18,507,000 3.34 $2,348,000 the first year and 3.35 $2,348,000 the second year are for the 3.36 clean water partnership program. Any 3.37 balance remaining in the first year 3.38 does not cancel and is available for 3.39 the second year. This appropriation 3.40 may be used for grants to local units 3.41 of government for the purpose of 3.42 restoring impaired waters listed under 3.43 section 303(d) of the federal Clean 3.44 Water Act in accordance with adopted 3.45 total maximum daily loads (TMDLs), 3.46 including implementation of approved 3.47 clean water partnership diagnostic 3.48 study work plans that will assist in 3.49 restoration of such impaired waters. 4.1 $335,000 the first year and $335,000 4.2 the second year are for community 4.3 technical assistance and education, 4.4 including grants and technical 4.5 assistance to communities for local and 4.6 basinwide water quality protection. 4.7 $405,000 the first year and $405,000 4.8 the second year are for individual 4.9 sewage treatment system (ISTS) 4.10 administration and grants. Of this 4.11 amount, $86,000 each year is for 4.12 assistance to counties through grants 4.13 for ISTS program administration. Any 4.14 unexpended balance in the first year 4.15 does not cancel but is available in the 4.16 second year. 4.17 $480,000 the first year and $480,000 4.18 the second year are from the 4.19 environmental fund to address the need 4.20 for continued increased activity in the 4.21 areas of new technology review, 4.22 technical assistance for local 4.23 governments, and enforcement under 4.24 Minnesota Statutes, sections 115.55 to 4.25 115.58, and to complete the 4.26 requirements of Laws 2003, chapter 128, 4.27 article 1, sections 164 and 165. Of 4.28 this amount, $48,000 each year is for 4.29 administration of individual septic 4.30 tank fees, as provided in this article. 4.31 $2,324,000 the first year and 4.32 $2,324,000 the second year must be 4.33 distributed as grants to delegated 4.34 counties to administer the county 4.35 feedlot program. Distribution of the 4.36 funds must be conducted according to 4.37 the following three-part formula: 4.38 (1) Number of feedlots in the county: 4.39 60 percent of the total appropriation 4.40 must be distributed according to the 4.41 number of feedlots that are required to 4.42 be registered in the county. Grants 4.43 awarded under this clause must be 4.44 matched with a combination of local 4.45 cash and in-kind contributions. 4.46 (2) Minimum program requirements: 25 4.47 percent of the total appropriation must 4.48 be distributed based on the county (i) 4.49 conducting an annual number of 4.50 inspections at feedlots that is equal 4.51 to or greater than seven percent of the 4.52 total number of registered feedlots 4.53 that are required to be registered in 4.54 the county; and (ii) meeting 4.55 noninspection minimum program 4.56 requirements as identified in the 4.57 county feedlot workplan form. Counties 4.58 that do not meet the inspection 4.59 requirement must not receive 50 percent 4.60 of the eligible funding under this 4.61 clause. Counties must receive funding 4.62 for noninspection requirements under 4.63 this clause according to a scoring 4.64 system checklist administered by the 4.65 department. The commissioner, in 4.66 consultation with the Minnesota 5.1 Association of County Feedlot Officers 5.2 executive team, shall make a final 5.3 decision regarding any appeal by a 5.4 county regarding the terms and 5.5 conditions of this clause. 5.6 (3) Performance credits: 15 percent of 5.7 the total appropriation must be 5.8 distributed according to work that has 5.9 been done by the counties during the 5.10 fiscal year. The amount must be 5.11 determined by the number of performance 5.12 credits a county accumulates during the 5.13 year based on a performance credit 5.14 matrix jointly agreed upon by the 5.15 commissioner in consultation with the 5.16 Minnesota Association of County Feedlot 5.17 Officers executive team. To receive an 5.18 award under this clause the county must 5.19 meet the requirements of clause (2)(i) 5.20 and achieve 90 percent of the 5.21 requirements according to clause 5.22 (2)(ii) of the formula. The rate of 5.23 reimbursement per performance credit 5.24 item must not exceed $200. 5.25 Delegated counties are eligible for a 5.26 minimum grant of $7,500. To receive 5.27 the full $7,500 amount a county must 5.28 meet the requirements under clause (2) 5.29 of the formula. Nondelegated counties 5.30 that apply for delegation shall receive 5.31 a grant prorated according to the 5.32 number of full quarters remaining in 5.33 the program year from the date of 5.34 commissioner approval of the 5.35 delegation. Funds for awards to any 5.36 newly delegated counties must be made 5.37 out of the appropriation reserved for 5.38 clause (3) of the formula. The 5.39 commissioner, in consultation with the 5.40 Minnesota Association of County Feedlot 5.41 Officers executive team, may decide to 5.42 use funds reserved for clause (3) of 5.43 the formula in an amount not to exceed 5.44 five percent of the total annual 5.45 appropriation for initiatives to 5.46 enhance existing delegated county 5.47 feedlot programs, information and 5.48 education, or technical assistance 5.49 efforts to reduce feedlot-related 5.50 pollution hazards. Any funds remaining 5.51 after distribution under clauses (1) 5.52 and (2) of the formula must be 5.53 transferred to clause (3) of the 5.54 formula. Any money remaining after the 5.55 first year is available for the second 5.56 year. 5.57 Notwithstanding Minnesota Statutes, 5.58 section 16A.28, the appropriations 5.59 encumbered under contract on or before 5.60 June 30, 2007, for clean water 5.61 partnership, individual sewage 5.62 treatment systems (ISTS), Minnesota 5.63 River, total maximum daily loads 5.64 (TMDLs), and local and basinwide water 5.65 quality protection grants in this 5.66 subdivision are available until June 5.67 30, 2009. 6.1 Subd. 3. Air 6.2 9,297,000 9,604,000 6.3 Summary by Fund 6.4 Environmental 9,297,000 9,604,000 6.5 Up to $150,000 the first year and 6.6 $150,000 the second year may be 6.7 transferred to the environmental fund 6.8 for the small business environmental 6.9 improvement loan program established in 6.10 Minnesota Statutes, section 116.993. 6.11 $200,000 the first year and $200,000 6.12 the second year are from the 6.13 environmental fund for a monitoring 6.14 program under Minnesota Statutes, 6.15 section 116.454. 6.16 Subd. 4. Land 6.17 18,467,000 18,467,000 6.18 Summary by Fund 6.19 Environmental 7,064,000 7,064,000 6.20 Remediation 11,403,000 11,403,000 6.21 All money for environmental response, 6.22 compensation, and compliance in the 6.23 remediation fund not otherwise 6.24 appropriated is appropriated to the 6.25 commissioners of the Departments of 6.26 Environmental Protection and 6.27 Agriculture for purposes of Minnesota 6.28 Statutes, section 115B.20, subdivision 6.29 2, clauses (1), (2), (3), (6), and 6.30 (7). At the beginning of each fiscal 6.31 year, the two commissioners shall 6.32 jointly submit an annual spending plan 6.33 to the commissioner of finance that 6.34 maximizes the utilization of resources 6.35 and appropriately allocates the money 6.36 between the two departments. This 6.37 appropriation is available until June 6.38 30, 2007. 6.39 $3,616,000 the first year and 6.40 $3,616,000 the second year are from the 6.41 petroleum tank fund to be transferred 6.42 to the remediation fund for purposes of 6.43 the leaking underground storage tank 6.44 program to protect the land. 6.45 $200,000 the first year and $200,000 6.46 the second year are from the 6.47 remediation fund to be transferred to 6.48 the Department of Health for private 6.49 water supply monitoring and health 6.50 assessment costs in areas contaminated 6.51 by unpermitted mixed municipal solid 6.52 waste disposal facilities. 6.53 Subd. 5. Multimedia 6.54 24,059,000 24,059,000 6.55 Summary by Fund 7.1 General 2,264,000 2,264,000 7.2 Environmental 21,795,000 21,795,000 7.3 $12,500,000 each year is from the 7.4 environmental fund for SCORE block 7.5 grants to counties. 7.6 Any unencumbered grant and loan 7.7 balances in the first year do not 7.8 cancel but are available for grants and 7.9 loans in the second year. 7.10 All money deposited in the 7.11 environmental fund for the metropolitan 7.12 solid waste landfill fee in accordance 7.13 with Minnesota Statutes, section 7.14 473.843, and not otherwise 7.15 appropriated, is appropriated to the 7.16 department for the purposes of 7.17 Minnesota Statutes, section 473.844. 7.18 $119,000 the first year and $119,000 7.19 the second year are for environmental 7.20 assistance grants or loans under 7.21 Minnesota Statutes, section 115A.0716. 7.22 Notwithstanding Minnesota Statutes, 7.23 section 16A.28, the appropriations 7.24 encumbered under contract on or before 7.25 June 30, 2007, for environmental 7.26 assistance grants awarded under 7.27 Minnesota Statutes, section 115A.0716, 7.28 and for technical and research 7.29 assistance under Minnesota Statutes, 7.30 section 115A.152, technical assistance 7.31 under Minnesota Statutes, section 7.32 115A.52, and pollution prevention 7.33 assistance under Minnesota Statutes, 7.34 section 115D.04, are available until 7.35 June 30, 2009. 7.36 Subd. 6. Administrative Support 7.37 1,583,000 1,583,000 7.38 Summary by Fund 7.39 General 1,583,000 1,583,000 7.40 Sec. 3. NATURAL RESOURCES 7.41 Subdivision 1. Total 7.42 Appropriation 220,582,000 222,618,000 7.43 Summary by Fund 7.44 General 73,902,000 73,903,000 7.45 Natural Resources 61,373,000 61,636,000 7.46 Game and Fish 84,857,000 86,629,000 7.47 Remediation 100,000 100,000 7.48 Permanent School 350,000 350,000 7.49 The amounts that may be spent from this 7.50 appropriation for each program are 7.51 specified in the following subdivisions. 8.1 Subd. 2. Land and Mineral Resources 8.2 Management 8.3 8,716,000 8,752,000 8.4 Summary by Fund 8.5 General 5,248,000 5,248,000 8.6 Natural Resources 2,122,000 2,122,000 8.7 Game and Fish 996,000 1,032,000 8.8 Permanent School 350,000 350,000 8.9 $275,000 the first year and $275,000 8.10 the second year are for iron ore 8.11 cooperative research, of which $137,500 8.12 the first year and $137,500 the second 8.13 year are available only as matched by 8.14 $1 of nonstate money for each $1 of 8.15 state money. The match may be cash or 8.16 in-kind. 8.17 $86,000 the first year and $86,000 the 8.18 second year are for minerals 8.19 cooperative environmental research, of 8.20 which $43,000 the first year and 8.21 $43,000 the second year are available 8.22 only as matched by $1 of nonstate money 8.23 for each $1 of state money. The match 8.24 may be cash or in-kind. 8.25 $1,946,000 the first year and 8.26 $1,946,000 the second year are from the 8.27 minerals management account in the 8.28 natural resources fund for only the 8.29 purposes specified in Minnesota 8.30 Statutes, section 93.2236, paragraph 8.31 (c). Of this amount, $1,526,000 the 8.32 first year and $1,526,000 the second 8.33 year are for mineral resource 8.34 management, $420,000 the first year and 8.35 $420,000 the second year are for 8.36 projects to enhance future income and 8.37 promote new opportunities, including 8.38 value-added iron products, geological 8.39 mapping, and mercury research. The 8.40 appropriation is from the revenue 8.41 deposited in the minerals management 8.42 account under Minnesota Statutes, 8.43 section 93.22, subdivision 1, paragraph 8.44 (b). 8.45 $300,000 the first year and $300,000 8.46 the second year are from the state 8.47 forest suspense account in the 8.48 permanent school fund to accelerate 8.49 land exchanges, land sales, and 8.50 commercial leasing of school trust 8.51 lands. This appropriation is to be 8.52 used toward meeting the provisions of 8.53 Minnesota Statutes, section 92.121, to 8.54 exchange school trust lands or put 8.55 alternatives in effect when management 8.56 practices have diminished or prohibited 8.57 revenue generation, and the direction 8.58 of Minnesota Statutes, section 127A.31, 8.59 to secure maximum long-term economic 8.60 return from the school trust lands 8.61 consistent with fiduciary 9.1 responsibilities and sound natural 9.2 resources conservation and management 9.3 principles. 9.4 $50,000 the first year and $50,000 the 9.5 second year are from the state forest 9.6 suspense account in the permanent 9.7 school fund to identify, evaluate, and 9.8 lease construction aggregate located on 9.9 school trust lands. 9.10 Subd. 3. Water Resources Management 9.11 11,122,000 11,122,000 9.12 Summary by Fund 9.13 General 10,842,000 10,842,000 9.14 Natural Resources 280,000 280,000 9.15 Upon completion of the five-county 9.16 North Central Lakes Project and when 9.17 funding becomes available, the 9.18 commissioner shall begin to update 9.19 Minnesota Rules, chapter 6120, 9.20 Shoreland Rules, using the rulemaking 9.21 process under Minnesota Statutes, 9.22 section 14.389. Rules shall be updated 9.23 to provide local units of government 9.24 and citizens adequate tools, direction, 9.25 and oversight to address current and 9.26 future lake and river shoreland 9.27 development issues including, but not 9.28 limited to: review and update of 9.29 shoreland zone; review and update of 9.30 lake classification system; individual 9.31 classification and suitability of 9.32 sensitive shoreland areas for 9.33 development and access; planned unit 9.34 developments (PUDs); use of common 9.35 access lots by nonriparian and PUD 9.36 owners; recreational use capacity of 9.37 lakes; review and update of shoreland 9.38 management zones and corresponding lot 9.39 dimensions; use of technical evaluation 9.40 panels to evaluate shoreland 9.41 development; and comprehensive lake 9.42 management planning. 9.43 $210,000 the first year and $210,000 9.44 the second year are for grants 9.45 associated with the implementation of 9.46 the Red River mediation agreement. 9.47 $125,000 the first year and $125,000 9.48 the second year are for the 9.49 construction of ring dikes under 9.50 Minnesota Statutes, section 103F.161. 9.51 The ring dikes may be publicly or 9.52 privately owned. Any unencumbered 9.53 balance does not cancel at the end of 9.54 the first year and is available for the 9.55 second year. 9.56 Subd. 4. Forest Management 9.57 34,063,000 34,063,000 9.58 Summary by Fund 10.1 General 24,098,000 24,098,000 10.2 Natural Resources 9,715,000 9,715,000 10.3 Game and Fish 250,000 250,000 10.4 $7,217,000 the first year and 10.5 $7,217,000 the second year are for 10.6 prevention, presuppression, and 10.7 suppression costs of emergency 10.8 firefighting and other costs incurred 10.9 under Minnesota Statutes, section 10.10 88.12. If the appropriation for either 10.11 year is insufficient to cover all costs 10.12 of presuppression and suppression, the 10.13 amount necessary to pay for these costs 10.14 during the biennium is appropriated 10.15 from the general fund. By November 15 10.16 of each year, the commissioner of 10.17 natural resources shall submit a report 10.18 to the chairs of the house of 10.19 representatives Ways and Means 10.20 Committee, the senate Finance 10.21 Committee, the Environment and 10.22 Agriculture Budget Division of the 10.23 senate Finance Committee, and the house 10.24 of representatives Agriculture, 10.25 Environment and Natural Resources 10.26 Finance Committee, identifying all 10.27 firefighting costs incurred and 10.28 reimbursements received in the prior 10.29 fiscal year. These appropriations may 10.30 not be transferred. Any reimbursement 10.31 of firefighting expenditures made to 10.32 the commissioner from any source other 10.33 than federal mobilizations shall be 10.34 deposited into the general fund. 10.35 $9,715,000 the first year and 10.36 $9,715,000 the second year are from the 10.37 forest management investment account in 10.38 the natural resources fund for only the 10.39 purposes specified in Minnesota 10.40 Statutes, section 89.039, subdivision 2. 10.41 $517,000 the first year and $517,000 10.42 the second year are for the Forest 10.43 Resources Council for implementation of 10.44 the Sustainable Forest Resources Act. 10.45 $350,000 the first year and $350,000 10.46 the second year are for the FORIST 10.47 Timber Management Information System 10.48 and for increased forestry management. 10.49 The amount in the second year is also 10.50 available in the first year. 10.51 $250,000 the first year and $250,000 10.52 the second year are from the game and 10.53 fish fund to implement Ecological 10.54 Classification Systems (ECS) standards 10.55 on forested landscapes. This 10.56 appropriation is from revenue deposited 10.57 in the game and fish fund under 10.58 Minnesota Statutes, section 297A.94, 10.59 paragraph (e), clause (1). 10.60 Subd. 5. Parks and Recreation 10.61 Management 10.62 32,615,000 32,703,000 11.1 Summary by Fund 11.2 General 19,279,000 19,279,000 11.3 Natural Resources 13,336,000 13,424,000 11.4 $640,000 the first year and $640,000 11.5 the second year are from the water 11.6 recreation account in the natural 11.7 resources fund for state park water 11.8 access projects. 11.9 $3,725,000 the first year and 11.10 $3,813,000 the second year are from the 11.11 natural resources fund for state park 11.12 and recreation area operations. This 11.13 appropriation is from the revenue 11.14 deposited in the natural resources fund 11.15 under Minnesota Statutes, section 11.16 297A.94, paragraph (e), clause (2). 11.17 Subd. 6. Trails and Waterways 11.18 Management 11.19 25,598,000 25,750,000 11.20 Summary by Fund 11.21 General 1,284,000 1,284,000 11.22 Natural Resources 22,223,000 22,379,000 11.23 Game and Fish 2,091,000 2,087,000 11.24 $5,724,000 the first year and 11.25 $5,724,000 the second year are from the 11.26 snowmobile trails and enforcement 11.27 account in the natural resources fund 11.28 for snowmobile grants-in-aid. Any 11.29 unencumbered balance does not cancel at 11.30 the end of the first year and is 11.31 available for the second year. 11.32 $925,000 the first year and $825,000 11.33 the second year are from the natural 11.34 resources fund for off-highway vehicle 11.35 grants-in-aid. Of this amount, 11.36 $575,000 each year is from the 11.37 all-terrain vehicle account; $150,000 11.38 each year is from the off-highway 11.39 motorcycle account; and $200,000 the 11.40 first year and $100,000 the second year 11.41 are from the off-road vehicle account. 11.42 Any unencumbered balance does not 11.43 cancel at the end of the first year and 11.44 is available for the second year. 11.45 $261,000 the first year and $261,000 11.46 the second year are from the water 11.47 recreation account in the natural 11.48 resources fund for a safe harbor 11.49 program on Lake Superior. 11.50 $742,000 the first year and $760,000 11.51 the second year are from the natural 11.52 resources fund for state trail 11.53 operations. This appropriation is from 11.54 the revenue deposited in the natural 11.55 resources fund under Minnesota 11.56 Statutes, section 297A.94, paragraph 11.57 (e), clause (2). 12.1 $632,000 the first year and $645,000 12.2 the second year are from the natural 12.3 resources fund for trail grants to 12.4 local units of government on land to be 12.5 maintained for at least 20 years for 12.6 the purposes of the grant. This 12.7 appropriation is from the revenue 12.8 deposited in the natural resources fund 12.9 under Minnesota Statutes, section 12.10 297A.94, paragraph (e), clause (4). 12.11 $75,000 the first year is from the 12.12 all-terrain vehicle account in the 12.13 natural resources fund for a study to 12.14 determine the amount of gasoline used 12.15 each year by all-terrain vehicle riders 12.16 in the state. The commissioners of 12.17 natural resources, revenue, and 12.18 transportation shall jointly determine 12.19 the amount of unrefunded gasoline tax 12.20 attributable to all-terrain vehicle use 12.21 in the state and shall report to the 12.22 legislature by March 1, 2006, with an 12.23 appropriate proposed revision to 12.24 Minnesota Statutes, section 296A.18. 12.25 $50,000 is appropriated from the 12.26 all-terrain vehicle account in the 12.27 natural resources fund to the 12.28 commissioner of natural resources for 12.29 fiscal year 2006 to revise the 12.30 Northshore Trail master plan for use by 12.31 all-terrain vehicles. 12.32 $2,250,000 the first year and 12.33 $2,600,000 the second year are from the 12.34 public access account in the natural 12.35 resources fund for the acquisition, 12.36 development, maintenance, and 12.37 rehabilitation of sites for public 12.38 access and boating facilities on public 12.39 waters. 12.40 Ninety percent of the money received 12.41 for watercraft licenses as a result of 12.42 the fee increases contained in this act 12.43 shall be credited to a public access 12.44 subaccount within the water recreation 12.45 account. Ten percent is for 12.46 enforcement purposes. 12.47 Subd. 7. Fish and Wildlife Management 12.48 59,670,000 60,679,000 12.49 Summary by Fund 12.50 General 1,755,000 1,755,000 12.51 Natural Resources 1,542,000 1,542,000 12.52 Game and Fish 56,373,000 57,382,000 12.53 $407,000 the first year and $412,000 12.54 the second year are for resource 12.55 population surveys in the 1837 treaty 12.56 area. Of this amount, $265,000 the 12.57 first year and $270,000 the second year 12.58 are from the game and fish fund. 12.59 $7,233,000 the first year and 13.1 $7,233,000 the second year are from the 13.2 heritage enhancement account in the 13.3 game and fish fund for only the 13.4 purposes specified in Minnesota 13.5 Statutes, section 297A.94, paragraph 13.6 (e), clause (1). 13.7 Notwithstanding Minnesota Statutes, 13.8 section 297A.94, this appropriation may 13.9 be used for hunter recruitment and 13.10 retention and public land user 13.11 facilities. 13.12 $1,030,000 the first year and $880,000 13.13 the second year are from the trout and 13.14 salmon management account for only the 13.15 purposes specified in Minnesota 13.16 Statutes, section 97A.075, subdivision 13.17 3. 13.18 $1,411,000 the first year and 13.19 $1,411,000 the second year are from the 13.20 deer habitat improvement account for 13.21 only the purposes specified in 13.22 Minnesota Statutes, section 97A.075, 13.23 subdivision 1, paragraph (b). 13.24 $397,000 the first year and $397,000 13.25 the second year are from the deer and 13.26 bear management account for only the 13.27 purposes specified in Minnesota 13.28 Statutes, section 97A.075, subdivision 13.29 1, paragraph (c). 13.30 $851,000 the first year and $851,000 13.31 the second year are from the waterfowl 13.32 habitat improvement account for only 13.33 the purposes specified in Minnesota 13.34 Statutes, section 97A.075, subdivision 13.35 2. 13.36 $890,000 the first year and $890,000 13.37 the second year are from the pheasant 13.38 habitat improvement account for only 13.39 the purposes specified in Minnesota 13.40 Statutes, section 97A.075, subdivision 13.41 4. 13.42 $142,000 the first year and $142,000 13.43 the second year are from the wild 13.44 turkey management account for only the 13.45 purposes specified in Minnesota 13.46 Statutes, section 97A.075, subdivision 13.47 5. Of this amount, $8,000 the first 13.48 year and $8,000 the second year are 13.49 appropriated from the game and fish 13.50 fund for transfer to the wild turkey 13.51 management account for purposes 13.52 specified in Minnesota Statutes, 13.53 section 97A.075, subdivision 5. 13.54 $225,000 is from the revenue deposited 13.55 to the game and fish fund under 13.56 Minnesota Statutes, section 297A.94, 13.57 paragraph (e), clause (1), for a grant 13.58 to "Let's Go Fishing" of Minnesota to 13.59 promote opportunities for fishing. The 13.60 grant recipient must report back to the 13.61 commissioner by February 1, 2006, on 13.62 the use and results of the 13.63 appropriation. This is a onetime 14.1 appropriation. 14.2 Subd. 8. Ecological Services 14.3 10,084,000 10,149,000 14.4 Summary by Fund 14.5 General 3,140,000 3,141,000 14.6 Natural Resources 3,153,000 3,153,000 14.7 Game and Fish 3,791,000 3,855,000 14.8 $1,128,000 the first year and 14.9 $1,128,000 the second year are from the 14.10 nongame wildlife management account in 14.11 the natural resources fund for the 14.12 purpose of nongame wildlife management. 14.13 Notwithstanding Minnesota Statutes, 14.14 section 290.431, $100,000 the first 14.15 year and $100,000 the second year may 14.16 be used for nongame information, 14.17 education, and promotion. 14.18 $1,588,000 the first year and 14.19 $1,588,000 the second year are from the 14.20 heritage enhancement account in the 14.21 game and fish fund for only the 14.22 purposes specified in Minnesota 14.23 Statutes, section 297A.94, paragraph 14.24 (e), clause (1). This appropriation is 14.25 from the revenue deposited in the game 14.26 and fish fund under Minnesota Statutes, 14.27 section 297A.94, paragraph (e), clause 14.28 (1). 14.29 Subd. 9. Enforcement 14.30 29,397,000 29,982,000 14.31 Summary by Fund 14.32 General 3,356,000 3,356,000 14.33 Natural Resources 7,413,000 7,428,000 14.34 Game and Fish 18,528,000 19,098,000 14.35 Remediation 100,000 100,000 14.36 $1,082,000 the first year and 14.37 $1,082,000 the second year are from the 14.38 water recreation account in the natural 14.39 resources fund for grants to counties 14.40 for boat and water safety. 14.41 $100,000 the first year and $100,000 14.42 the second year are from the 14.43 remediation fund for solid waste 14.44 enforcement activities under Minnesota 14.45 Statutes, section 116.073. 14.46 $315,000 the first year and $315,000 14.47 the second year are from the snowmobile 14.48 trails and enforcement account in the 14.49 natural resources fund for grants to 14.50 local law enforcement agencies for 14.51 snowmobile enforcement activities. 15.1 The unexpended balance of money from 15.2 Laws 1999, chapter 231, section 5, 15.3 subdivision 6, must be credited to the 15.4 snowmobile trails and enforcement 15.5 account and the appropriation for the 15.6 repair of public trails damaged by 15.7 snowmobiles shall be canceled. 15.8 $1,164,000 the first year and 15.9 $1,164,000 the second year are from the 15.10 heritage enhancement account in the 15.11 game and fish fund for only the 15.12 purposes specified in Minnesota 15.13 Statutes, section 297A.94, paragraph 15.14 (e), clause (1). This appropriation is 15.15 from the revenue deposited in the game 15.16 and fish fund under Minnesota Statutes, 15.17 section 297A.94, paragraph (e), clause 15.18 (1). 15.19 Overtime must be distributed to 15.20 conservation officers at historical 15.21 levels; however, a reasonable reduction 15.22 or addition may be made to the 15.23 officer's allocation, if justified, 15.24 based on an individual officer's 15.25 workload. If funding for enforcement 15.26 is reduced because of an unallotment, 15.27 the overtime bank may be reduced in 15.28 proportion to reductions made in other 15.29 areas of the budget. 15.30 $225,000 the first year and $225,000 15.31 the second year are from the natural 15.32 resources fund for grants to county law 15.33 enforcement agencies for off-highway 15.34 vehicle enforcement and public 15.35 education activities based on 15.36 off-highway vehicle use in the county. 15.37 Of this amount, $213,000 each year is 15.38 from the all-terrain vehicle account; 15.39 $11,000 each year is from the 15.40 off-highway motorcycle account; and 15.41 $1,000 each year is from the off-road 15.42 vehicle account. The county 15.43 enforcement agencies may use money 15.44 received under this appropriation to 15.45 make grants to other local enforcement 15.46 agencies within the county that have a 15.47 high concentration of off-highway 15.48 vehicle use. Of this appropriation, 15.49 $25,000 each year is for administration 15.50 of these grants. 15.51 $200,000 the first year and $200,000 15.52 the second year are from the natural 15.53 resources fund for an off-highway 15.54 vehicle safety and conservation grant 15.55 program. Of this amount, $170,000 each 15.56 year is from the all-terrain vehicle 15.57 account; $10,000 each year is from the 15.58 off-highway motorcycle account; and 15.59 $20,000 each year is from the off-road 15.60 vehicle account. Any unencumbered 15.61 balance does not cancel at the end of 15.62 the first year and is available for the 15.63 second year. 15.64 $15,000 the first year is from the 15.65 off-highway motorcycle account in the 15.66 natural resources fund to produce an 16.1 interactive CD-ROM training tool for 16.2 the off-highway motorcycle education 16.3 and training program under Minnesota 16.4 Statutes, section 84.791. 16.5 $15,000 the first year and $5,000 the 16.6 second year are from the off-road 16.7 vehicle account in the natural 16.8 resources fund to establish the 16.9 off-road vehicle environment and safety 16.10 education and training program under 16.11 Minnesota Statutes, section 84.8015. 16.12 Subd. 10. Operations Support 16.13 9,317,000 9,418,000 16.14 Summary by Fund 16.15 General 4,900,000 4,900,000 16.16 Natural Resources 1,589,000 1,593,000 16.17 Game and Fish 2,828,000 2,925,000 16.18 $264,000 the first year and $268,000 16.19 the second year are from the natural 16.20 resources fund for grants to be divided 16.21 equally between the city of St. Paul 16.22 for the Como Zoo and Conservatory and 16.23 the city of Duluth Zoo. This 16.24 appropriation is from the revenue 16.25 deposited to the fund under Minnesota 16.26 Statutes, section 297A.94, paragraph 16.27 (e), clause (5). 16.28 Sec. 4. MINNESOTA 16.29 CONSERVATION CORPS 840,000 840,000 16.30 Summary by Fund 16.31 General 350,000 350,000 16.32 Natural Resources 490,000 490,000 16.33 The Minnesota Conservation Corps may 16.34 receive money appropriated under this 16.35 section only as provided in an 16.36 agreement with the commissioner of 16.37 natural resources. 16.38 Sec. 5. BOARD OF WATER 16.39 AND SOIL RESOURCES 15,131,000 15,131,000 16.40 $4,102,000 the first year and 16.41 $4,102,000 the second year are for 16.42 natural resources block grants to local 16.43 governments. 16.44 The board may reduce the amount of the 16.45 natural resources block grant to a 16.46 county by an amount equal to any 16.47 reduction in the county's general 16.48 services allocation to a soil and water 16.49 conservation district from the county's 16.50 previous year allocation when the board 16.51 determines that the reduction was 16.52 disproportionate. 16.53 Grants must be matched with a 16.54 combination of local cash or in-kind 17.1 contributions. The base grant portion 17.2 related to water planning must be 17.3 matched by an amount that would be 17.4 raised by a levy under Minnesota 17.5 Statutes, section 103B.3369. 17.6 $3,566,000 the first year and 17.7 $3,566,000 the second year are for 17.8 grants to soil and water conservation 17.9 districts for general purposes, 17.10 nonpoint engineering, and 17.11 implementation of the reinvest in 17.12 Minnesota conservation reserve 17.13 program. Upon approval of the board, 17.14 expenditures may be made from these 17.15 appropriations for supplies and 17.16 services benefiting soil and water 17.17 conservation districts. 17.18 $3,285,000 the first year and 17.19 $3,285,000 the second year are for 17.20 grants to soil and water conservation 17.21 districts for cost-sharing contracts 17.22 for erosion control and water quality 17.23 management. For base grant allocations 17.24 made prior to January 1, 2007, up to 17.25 100 percent of this appropriation may 17.26 be used for technical assistance. Of 17.27 this amount, at least $1,500,000 the 17.28 first year and $1,500,000 the second 17.29 year are for grants for cost-sharing 17.30 contracts for water quality management 17.31 on feedlots. 17.32 Any unencumbered balance in the board's 17.33 program of grants does not cancel at 17.34 the end of the first year and is 17.35 available for the second year for the 17.36 same grant program. This appropriation 17.37 is available until expended. If the 17.38 appropriation in either year is 17.39 insufficient, the appropriation in the 17.40 other year is available for it. 17.41 Any balance in the board's cost share 17.42 program that remains from the fiscal 17.43 year 2005 appropriation is available in 17.44 an amount of up to $15,000 for a grant 17.45 to the Mower County Soil and Water 17.46 Conservation District to create a small 17.47 pond demonstration project in the Cedar 17.48 River Watershed for purposes of water 17.49 retention and flood control. The Mower 17.50 County Soil and Water Conservation 17.51 District must seek other sources of 17.52 funding, including federal and private 17.53 sources, to ensure that the 17.54 demonstration project is educational 17.55 and complete. 17.56 $100,000 the first year and $100,000 17.57 the second year are for a grant to the 17.58 Red River Basin Commission to develop a 17.59 Red River basin plan and to coordinate 17.60 water management activities in the 17.61 states and provinces bordering the Red 17.62 River. The unencumbered balance in the 17.63 first year does not cancel but is 17.64 available for the second year. 17.65 $105,000 the first year and $105,000 18.1 the second year are for a grant to Area 18.2 II, Minnesota River Basin Projects, 18.3 Inc., for floodplain management, 18.4 including administration of programs. 18.5 If the appropriation in either year is 18.6 insufficient, the appropriation in the 18.7 other year is available for it. 18.8 The board has authority to receive and 18.9 expend money to acquire conservation 18.10 easements, as defined in Minnesota 18.11 Statutes, chapter 84C, on behalf of the 18.12 state and federal government, 18.13 consistent with the Camp Ripley's Army 18.14 Compatible Use Buffer Project. 18.15 The board shall conduct an 18.16 implementation assessment of public 18.17 drainage system buffers and their use, 18.18 maintenance, and benefits. The 18.19 assessment must be done in consultation 18.20 with farm groups, watershed districts, 18.21 soil and water conservation districts, 18.22 counties, and conservation 18.23 organizations, as well as federal 18.24 agencies implementing voluntary buffer 18.25 programs. The board shall report the 18.26 results to the senate and house of 18.27 representatives committees with 18.28 jurisdiction over drainage systems by 18.29 January 15, 2006. 18.30 Sec. 6. ZOOLOGICAL BOARD 6,189,000 6,191,000 18.31 Summary by Fund 18.32 General 6,057,000 6,057,000 18.33 Natural Resources 132,000 134,000 18.34 $132,000 the first year and $134,000 18.35 the second year are from the natural 18.36 resources fund from the revenue 18.37 deposited under Minnesota Statutes, 18.38 section 297A.94, paragraph (e), clause 18.39 (5). This is a onetime appropriation. 18.40 Sec. 7. SCIENCE MUSEUM 18.41 OF MINNESOTA 750,000 750,000 18.42 Sec. 8. METROPOLITAN COUNCIL 7,152,000 7,152,000 18.43 Summary by Fund 18.44 General 3,300,000 3,300,000 18.45 Natural Resources 4,152,000 4,152,000 18.46 $3,300,000 the first year and 18.47 $3,300,000 the second year are for 18.48 metropolitan area regional parks 18.49 maintenance and operations. 18.50 $4,152,000 the first year and 18.51 $4,152,000 the second year are from the 18.52 natural resources fund for metropolitan 18.53 area regional parks and trails 18.54 maintenance and operations. This 18.55 appropriation is from the revenue 18.56 deposited in the natural resources fund 18.57 under Minnesota Statutes, section 19.1 297A.94, paragraph (e), clause (3). 19.2 Sec. 9. MINNESOTA FUTURE 19.3 RESOURCES FUND 19.4 By June 30, 2006, and by June 30, 2007, 19.5 the commissioner of finance shall 19.6 transfer any remaining unappropriated 19.7 balance from the Minnesota future 19.8 resources fund to the general fund. 19.9 Sec. 10. MINNESOTA RESOURCES 19.10 Subdivision 1. Total 19.11 Appropriation 19.12 $20,457,000 $18,829,000 19.13 Summary by Fund 19.14 State Land and Water Conservation 19.15 Account (LAWCON) 1,600,000 -0- 19.16 Environment and Natural Resources 19.17 Trust Fund 18,829,000 18,829,000 19.18 Great Lakes Protection 19.19 Account 28,000 -0- 19.20 Appropriations from the LAWCON account 19.21 and Great Lakes protection account are 19.22 available for either year of the 19.23 biennium. 19.24 For appropriations from the environment 19.25 and natural resources trust fund, any 19.26 unencumbered balance remaining in the 19.27 first year does not cancel and is 19.28 available for the second year of the 19.29 biennium. Unless otherwise provided, 19.30 the amounts in this section are 19.31 available until June 30, 2007, when 19.32 projects must be completed and final 19.33 products delivered. 19.34 Subd. 2. Definitions 19.35 (a) "State Land and Water Conservation 19.36 Account (LAWCON)" means the state land 19.37 and water conservation account in the 19.38 natural resources fund referred to in 19.39 Minnesota Statutes, section 116P.14. 19.40 (b) "Great Lakes Protection Account" 19.41 means the Great Lakes protection 19.42 account referred to in Minnesota 19.43 Statutes, section 116Q.02, subdivision 19.44 1. 19.45 (c) "Trust fund" means the Minnesota 19.46 environment and natural resources trust 19.47 fund referred to in Minnesota Statutes, 19.48 section 116P.02, subdivision 6. 19.49 Subd. 3. Administration 524,000 525,000 19.50 Summary by Fund 19.51 Trust Fund 524,000 525,000 19.52 (a) Legislative Commission on Minnesota Resources 899,000 20.1 $449,000 the first year and $450,000 20.2 the second year are from the trust fund 20.3 for administration as provided in 20.4 Minnesota Statutes, section 116P.09, 20.5 subdivision 5. 20.6 (b) Contract Administration 150,000 20.7 $75,000 the first year and $75,000 the 20.8 second year are from the trust fund to 20.9 the commissioner of natural resources 20.10 for contract administration activities 20.11 assigned to the commissioner in this 20.12 section. This appropriation is 20.13 available until June 30, 2008. 20.14 Subd. 4. Citizen Advisory Committee 10,000 10,000 20.15 Summary by Fund 20.16 Trust Fund 10,000 10,000 20.17 $10,000 the first year and $10,000 the 20.18 second year are from the trust fund to 20.19 the Legislative Commission on Minnesota 20.20 Resources for expenses of the citizen 20.21 advisory committee as provided in 20.22 Minnesota Statutes, section 116P.06. 20.23 Notwithstanding Minnesota Statutes, 20.24 section 16A.281, the availability of 20.25 $15,000 of the appropriation from Laws 20.26 2003, chapter 128, article 1, section 20.27 9, subdivision 4, advisory committee, 20.28 is extended to June 30, 2007. 20.29 Subd. 5. Fish and Wildlife Habitat 5,038,000 5,038,000 20.30 Summary by Fund 20.31 Trust Fund 5,038,000 5,038,000 20.32 (a) Restoring Minnesota's Fish and Wildlife 20.33 Habitat Corridors-Phase III 4,062,000 20.34 $2,031,000 the first year and 20.35 $2,031,000 the second year are from the 20.36 trust fund to the commissioner of 20.37 natural resources for the third 20.38 biennium for acceleration of agency 20.39 programs and cooperative agreements 20.40 with Pheasants Forever, Minnesota Deer 20.41 Hunters Association, Ducks Unlimited, 20.42 Inc., National Wild Turkey Federation, 20.43 the Nature Conservancy, Minnesota Land 20.44 Trust, the Trust for Public Land, 20.45 Minnesota Valley National Wildlife 20.46 Refuge Trust, Inc., U.S. Fish and 20.47 Wildlife Service, Red Lake Band of 20.48 Chippewa, Leech Lake Band of Chippewa, 20.49 Fond du Lac Band of Chippewa, 20.50 USDA-Natural Resources Conservation 20.51 Service, and the Board of Water and 20.52 Soil Resources to plan, restore, and 20.53 acquire fragmented landscape corridors 20.54 that connect areas of quality habitat 20.55 to sustain fish, wildlife, and plants. 20.56 Expenditures are limited to the 11 20.57 project areas as defined in the work 20.58 program. Land acquired with this 20.59 appropriation must be sufficiently 20.60 improved to meet at least minimum 21.1 habitat and facility management 21.2 standards as determined by the 21.3 commissioner of natural resources. 21.4 This appropriation may not be used for 21.5 the purchase of residential structures, 21.6 unless expressly approved in the work 21.7 program. Any land acquired in fee 21.8 title by the commissioner of natural 21.9 resources with money from this 21.10 appropriation must be designated: (1) 21.11 as an outdoor recreation unit under 21.12 Minnesota Statutes, section 86A.07; or 21.13 (2) as provided in Minnesota Statutes, 21.14 sections 89.018, subdivision 2, 21.15 paragraph (a); 97A.101; 97A.125; 21.16 97C.001; and 97C.011. The commissioner 21.17 may similarly designate any lands 21.18 acquired in less than fee title. This 21.19 appropriation is available until June 21.20 30, 2008, at which time the project 21.21 must be completed and final products 21.22 delivered, unless an earlier date is 21.23 specified in the work program. 21.24 (b) Metropolitan Area Wildlife 21.25 Corridors-Phase II 3,530,000 21.26 $1,765,000 the first year and 21.27 $1,765,000 the second year are from the 21.28 trust fund to the commissioner of 21.29 natural resources for the second 21.30 biennium for acceleration of agency 21.31 programs and cooperative agreements 21.32 with the Trust for Public Land, Ducks 21.33 Unlimited, Inc., Friends of the 21.34 Mississippi River, Great River 21.35 Greening, Minnesota Land Trust, 21.36 Minnesota Valley National Wildlife 21.37 Refuge Trust, Inc., Pheasants Forever, 21.38 Inc., and Friends of the Minnesota 21.39 Valley for the purposes of planning, 21.40 improving, and protecting important 21.41 natural areas in the metropolitan 21.42 region, as defined by Minnesota 21.43 Statutes, section 473.121, subdivision 21.44 2, and portions of the surrounding 21.45 counties, through grants, contracted 21.46 services, conservation easements, and 21.47 fee acquisition. Land acquired with 21.48 this appropriation must be sufficiently 21.49 improved to meet at least minimum 21.50 management standards as determined by 21.51 the commissioner of natural resources. 21.52 Expenditures are limited to the 21.53 identified project areas as defined in 21.54 the work program. This appropriation 21.55 may not be used for the purchase of 21.56 residential structures, unless 21.57 expressly approved in the work 21.58 program. Any land acquired in fee 21.59 title by the commissioner of natural 21.60 resources with money from this 21.61 appropriation must be designated: (1) 21.62 as an outdoor recreation unit under 21.63 Minnesota Statutes, section 86A.07; or 21.64 (2) as provided in Minnesota Statutes, 21.65 sections 89.018, subdivision 2, 21.66 paragraph (a); 97A.101; 97A.125; 21.67 97C.001; and 97C.011. The commissioner 21.68 may similarly designate any lands 21.69 acquired in less than fee title. This 22.1 appropriation is available until June 22.2 30, 2008, at which time the project 22.3 must be completed and final products 22.4 delivered, unless an earlier date is 22.5 specified in the work program. 22.6 (c) Development of Scientific and Natural Areas 134,000 22.7 $67,000 the first year and $67,000 the 22.8 second year are from the trust fund to 22.9 the commissioner of natural resources 22.10 to develop and enhance lands designated 22.11 as scientific and natural areas. This 22.12 appropriation is available until June 22.13 30, 2008, at which time the project 22.14 must be completed and final products 22.15 delivered, unless an earlier date is 22.16 specified in the work program. 22.17 (d) Prairie Stewardship of Private Lands 100,000 22.18 $50,000 the first year and $50,000 the 22.19 second year are from the trust fund to 22.20 the commissioner of natural resources 22.21 to develop stewardship plans and 22.22 implement prairie management on private 22.23 prairie lands on a cost-share basis 22.24 with private or federal funds. This 22.25 appropriation is available until June 22.26 30, 2008, at which time the project 22.27 must be completed and final products 22.28 delivered, unless an earlier date is 22.29 specified in the work program. 22.30 (e) Local Initiative Grants-Conservation 22.31 Partners and Environmental Partnerships 500,000 22.32 $250,000 the first year and $250,000 22.33 the second year are from the trust fund 22.34 to the commissioner of natural 22.35 resources to provide matching grants of 22.36 up to $20,000 to local government and 22.37 private organizations for enhancement, 22.38 restoration, research, and education 22.39 associated with natural habitat and 22.40 environmental service projects. 22.41 Subdivision 16 applies to grants 22.42 awarded in the approved work program. 22.43 This appropriation is available until 22.44 June 30, 2008, at which time the 22.45 project must be completed and final 22.46 products delivered, unless an earlier 22.47 date is specified in the work program. 22.48 (f) Minnesota ReLeaf Community Forest 22.49 Development and Protection 500,000 22.50 $250,000 the first year and $250,000 22.51 the second year are from the trust fund 22.52 to the commissioner of natural 22.53 resources for acceleration of the 22.54 agency program and a cooperative 22.55 agreement with Tree Trust to protect 22.56 forest resources, develop 22.57 inventory-based management plans, and 22.58 provide matching grants to communities 22.59 to plant native trees. At least 22.60 $390,000 of this appropriation must be 22.61 used for grants to communities. For 22.62 the purposes of this paragraph, the 22.63 match must be a nonstate contribution, 23.1 but may be either cash or qualifying 23.2 in-kind. This appropriation is 23.3 available until June 30, 2008, at which 23.4 time the project must be completed and 23.5 final projects delivered, unless an 23.6 earlier date is specified in the work 23.7 program. 23.8 (g) Integrated and Pheromonal Control of 23.9 Common Carp 550,000 23.10 $275,000 the first year and $275,000 23.11 the second year are from the trust fund 23.12 to the University of Minnesota for the 23.13 second biennium to research new options 23.14 for controlling common carp. This 23.15 appropriation is available until June 23.16 30, 2009, at which time the project 23.17 must be completed and final products 23.18 delivered, unless an earlier date is 23.19 specified in the work program. 23.20 (h) Biological Control of European Buckthorn 23.21 and Garlic Mustard 200,000 23.22 $100,000 the first year and $100,000 23.23 the second year are from the trust fund 23.24 to the commissioner of natural 23.25 resources to research potential insects 23.26 for biological control of invasive 23.27 European buckthorn species for the 23.28 second biennium and to introduce and 23.29 evaluate insects for biological control 23.30 of garlic mustard. This appropriation 23.31 is available until June 30, 2008, at 23.32 which time the project must be 23.33 completed and final products delivered, 23.34 unless an earlier date is specified in 23.35 the work program. 23.36 (i) Land Exchange Revolving Fund for 23.37 Aitkin, Cass, and Crow Wing Counties 500,000 23.38 $250,000 the first year and $250,000 23.39 the second year are from the trust fund 23.40 to the commissioner of natural 23.41 resources for an agreement with Aitkin 23.42 County for a six-year revolving loan 23.43 fund to improve public and private land 23.44 ownership patterns, increase management 23.45 efficiency, and protect critical 23.46 habitat in Aitkin, Cass, and Crow Wing 23.47 Counties. By June 30, 2011, Aitkin 23.48 County shall repay the $500,000 to the 23.49 commissioner of finance for deposit in 23.50 the environment and natural resources 23.51 trust fund. 23.52 Subd. 6. Recreation 7,160,000 5,559,000 23.53 Summary by Fund 23.54 Trust Fund 5,560,000 5,559,000 23.55 State Land and Water Conservation 23.56 Account (LAWCON) 1,600,000 -0- 23.57 (a) State Park and Recreation Area 23.58 Land Acquisition 2,000,000 23.59 $1,000,000 the first year and 24.1 $1,000,000 the second year are from the 24.2 trust fund to the commissioner of 24.3 natural resources to acquire 24.4 in-holdings for state park and 24.5 recreation areas. Land acquired with 24.6 this appropriation must be sufficiently 24.7 improved to meet at least minimum 24.8 management standards as determined by 24.9 the commissioner of natural resources. 24.10 This appropriation is available until 24.11 June 30, 2008, at which time the 24.12 project must be completed and final 24.13 products delivered, unless an earlier 24.14 date is specified in the work program. 24.15 (b) LAWCON Federal Reimbursements 1,600,000 24.16 $1,600,000 is from the State Land and 24.17 Water Conservation Account (LAWCON) in 24.18 the natural resources fund to the 24.19 commissioner of natural resources for 24.20 priorities established by the 24.21 commissioner for eligible state 24.22 projects and administrative and 24.23 planning activities consistent with 24.24 Minnesota Statutes, section 116P.14, 24.25 and the federal Land and Water 24.26 Conservation Fund Act. Subdivision 16 24.27 applies to grants awarded in the 24.28 approved work program. This 24.29 appropriation is contingent upon 24.30 receipt of the federal obligation and 24.31 remains available until June 30, 2008, 24.32 at which time the project must be 24.33 completed and final products delivered, 24.34 unless an earlier date is specified in 24.35 the work program. 24.36 (c) State Park and Recreation Area 24.37 Revenue-Enhancing Development 200,000 24.38 $100,000 the first year and $100,000 24.39 the second year are from the trust fund 24.40 to the commissioner of natural 24.41 resources to enhance revenue generation 24.42 in the state's park and recreation 24.43 system. 24.44 (d) Best Management Practices for Parks 24.45 and Outdoor Recreation 200,000 24.46 $100,000 the first year and $100,000 24.47 the second year are from the trust fund 24.48 to the commissioner of natural 24.49 resources for an agreement with the 24.50 Minnesota Recreation and Park 24.51 Association to develop and evaluate 24.52 opportunities to more efficiently 24.53 manage Minnesota's parks and outdoor 24.54 recreation areas. 24.55 (e) Metropolitan Regional Parks Acquisition, 24.56 Rehabilitation, and Development 2,000,000 24.57 $1,000,000 the first year and 24.58 $1,000,000 the second year are from the 24.59 trust fund to the Metropolitan Council 24.60 for subgrants for the acquisition, 24.61 development, and rehabilitation in the 24.62 metropolitan regional park system, 24.63 consistent with the Metropolitan 25.1 Council regional recreation open space 25.2 capital improvement plan. This 25.3 appropriation may not be used for the 25.4 purchase of residential structures, may 25.5 be used to reimburse implementing 25.6 agencies for acquisition as expressly 25.7 approved in the work program, and must 25.8 be matched by at least 40 percent of 25.9 nonstate money. Subdivision 16 applies 25.10 to grants awarded in the approved work 25.11 program. This appropriation is 25.12 available until June 30, 2008, at which 25.13 time the project must be completed and 25.14 final products delivered, unless an 25.15 earlier date is specified in the work 25.16 program. If a project financed under 25.17 this program receives a federal grant 25.18 award, the availability of the 25.19 financing from this paragraph for that 25.20 project is extended to equal the period 25.21 of the federal grant. 25.22 (f) Gitchi-Gami State Trail 500,000 25.23 $250,000 the first year and $250,000 25.24 the second year are from the trust fund 25.25 to the commissioner of natural 25.26 resources, in cooperation with the 25.27 Gitchi-Gami Trail Association, for the 25.28 fourth biennium, to design and 25.29 construct approximately two miles of 25.30 Gitchi-Gami State Trail segments. This 25.31 appropriation is available until June 25.32 30, 2008, at which time the project 25.33 must be completed and final products 25.34 delivered. If this project receives a 25.35 federal grant award, the availability 25.36 of the financing from this paragraph 25.37 for the project is extended to equal 25.38 the period of the federal grant. 25.39 (g) Casey Jones State Trail 1,200,000 25.40 $600,000 the first year and $600,000 25.41 the second year are from the trust fund 25.42 to the commissioner of natural 25.43 resources in cooperation with the 25.44 Friends of the Casey Jones Trail 25.45 Association for land acquisition and 25.46 development of the Casey Jones State 25.47 Trail in southwest Minnesota. This 25.48 appropriation is available until June 25.49 30, 2008, at which time the project 25.50 must be completed and final products 25.51 delivered. If this project receives a 25.52 federal grant award, the availability 25.53 of the financing from this paragraph 25.54 for the project is extended to equal 25.55 the period of the federal grant. 25.56 (h) Paul Bunyan State Trail Connection 400,000 25.57 $200,000 the first year and $200,000 25.58 the second year are from the trust fund 25.59 to the commissioner of natural 25.60 resources to acquire land to connect 25.61 the Paul Bunyan State Trail within the 25.62 city of Bemidji. 25.63 (i) Minnesota River Trail Planning 200,000 26.1 $100,000 the first year and $100,000 26.2 the second year are from the trust fund 26.3 to the commissioner of natural 26.4 resources for an agreement with the 26.5 University of Minnesota to provide 26.6 trail planning assistance to three 26.7 communities along the Minnesota River 26.8 State Trail. 26.9 (j) Local Initiative Grants-Parks and Natural Areas 1,200,000 26.10 $600,000 the first year and $600,000 26.11 the second year are from the trust fund 26.12 to the commissioner of natural 26.13 resources to provide matching grants to 26.14 local governments for acquisition and 26.15 development of natural and scenic areas 26.16 and local parks as provided in 26.17 Minnesota Statutes, section 85.019, 26.18 subdivisions 2 and 4a, and regional 26.19 parks outside of the metropolitan 26.20 area. Grants may provide up to 50 26.21 percent of the nonfederal share of the 26.22 project cost, except nonmetropolitan 26.23 regional park grants may provide up to 26.24 60 percent of the nonfederal share of 26.25 the project cost. $500,000 of this 26.26 appropriation is for land acquisition 26.27 for a proposed county regional park on 26.28 Kraemer Lake in Stearns County. The 26.29 commission will monitor the grants for 26.30 approximate balance over extended 26.31 periods of time between the 26.32 metropolitan area, under Minnesota 26.33 Statutes, section 473.121, subdivision 26.34 2, and the nonmetropolitan area through 26.35 work program oversight and periodic 26.36 allocation decisions. For the purposes 26.37 of this paragraph, the match must be a 26.38 nonstate contribution, but may be 26.39 either cash or qualifying in-kind. 26.40 Recipients may receive funding for more 26.41 than one project in any given grant 26.42 period. Subdivision 16 applies to 26.43 grants awarded in the approved work 26.44 program. This appropriation is 26.45 available until June 30, 2008, at which 26.46 time the project must be completed and 26.47 final products delivered. 26.48 (k) Regional Park Planning for Nonmetropolitan 26.49 Urban Areas 86,000 26.50 $43,000 the first year and $43,000 the 26.51 second year are from the trust fund to 26.52 the commissioner of natural resources 26.53 for an agreement with the University of 26.54 Minnesota to develop a plan for a 26.55 system of regional recreation areas for 26.56 major outstate urban complexes in 26.57 Minnesota. 26.58 (l) Local and Regional Trail Grant Initiative Program 700,000 26.59 $350,000 the first year and $350,000 26.60 the second year are from the trust fund 26.61 to the commissioner of natural 26.62 resources to provide matching grants to 26.63 local units of government for the cost 26.64 of acquisition, development, 26.65 engineering services, and enhancement 27.1 of existing and new trail facilities. 27.2 Subdivision 16 applies to grants 27.3 awarded in the approved work program. 27.4 This appropriation is available until 27.5 June 30, 2008, at which time the 27.6 project must be completed and final 27.7 products delivered, unless an earlier 27.8 date is specified in the work program. 27.9 In addition, if a project financed 27.10 under this program receives a federal 27.11 grant award, the availability of the 27.12 financing from this paragraph for that 27.13 project is extended to equal the period 27.14 of the federal grant. 27.15 (m) Mesabi Trail 1,000,000 27.16 $500,000 the first year and $500,000 27.17 the second year are from the trust fund 27.18 to the commissioner of natural 27.19 resources for an agreement with St. 27.20 Louis and Lake Counties Regional Rail 27.21 Authority for the seventh biennium to 27.22 acquire and develop segments for the 27.23 Mesabi Trail. This appropriation is 27.24 available until June 30, 2008, at which 27.25 time the project must be completed and 27.26 final products delivered. If this 27.27 project receives a federal grant award, 27.28 the availability of the financing from 27.29 this paragraph for the project is 27.30 extended to equal the period of the 27.31 federal grant. 27.32 (n) Cannon Valley Trail Belle Creek Bridge 27.33 Replacement 300,000 27.34 $150,000 the first year and $150,000 27.35 the second year are from the trust fund 27.36 to the commissioner of natural 27.37 resources for an agreement with the 27.38 Cannon Valley Trail Joint Powers Board 27.39 for bridge replacement of the Belle 27.40 Creek Bridge on the Cannon Valley 27.41 Trail. This appropriation must be 27.42 matched by at least $44,000 of nonstate 27.43 money. 27.44 (o) Arrowhead Regional Bike Trail Connections Plan 83,000 27.45 $42,000 the first year and $41,000 the 27.46 second year are from the trust fund to 27.47 the commissioner of natural resources 27.48 for an agreement with the Arrowhead 27.49 Regional Development Commission to 27.50 analyze the Arrowhead's major bike 27.51 trails and plan new trail connections. 27.52 (p) Land Acquisition, Minnesota Landscape Arboretum 650,000 27.53 $325,000 the first year and $325,000 27.54 the second year are from the trust fund 27.55 to the University of Minnesota for an 27.56 agreement with the University of 27.57 Minnesota Landscape Arboretum 27.58 Foundation for the sixth biennium to 27.59 acquire land from willing sellers. 27.60 This appropriation must be matched by 27.61 an equal amount of nonstate money. 27.62 This appropriation is available until 27.63 June 30, 2008, at which time the 28.1 project must be completed and final 28.2 products delivered, unless an earlier 28.3 date is specified in the work program. 28.4 (q) Development and Rehabilitation of Minnesota 28.5 Shooting Ranges 300,000 28.6 $150,000 the first year and $150,000 28.7 the second year are from the trust fund 28.8 to the commissioner of natural 28.9 resources to provide technical 28.10 assistance and matching grants to local 28.11 communities and recreational shooting 28.12 and archery clubs for the purpose of 28.13 developing or rehabilitating shooting 28.14 and archery facilities for public use. 28.15 Recipient facilities must be open to 28.16 the general public at reasonable times 28.17 and for a reasonable fee on a walk-in 28.18 basis. This appropriation is available 28.19 until June 30, 2008, at which time the 28.20 project must be completed and final 28.21 products delivered, unless an earlier 28.22 date is specified in the work program. 28.23 (r) Birding Maps 100,000 28.24 $50,000 the first year and $50,000 the 28.25 second year are from the trust fund to 28.26 the commissioner of natural resources 28.27 for an agreement with Audubon Minnesota 28.28 to create a new birding trail guide for 28.29 the North Shore/Arrowhead region and 28.30 reprint and distribute guides for three 28.31 existing birding trails. 28.32 Subd. 7. Water Resources 3,027,000 3,000,000 28.33 Summary by Fund 28.34 Trust Fund 2,999,000 3,000,000 28.35 Great Lakes Protection 28.36 Account 28,000 28.37 (a) Local Water Management Matching Challenge Grants 1,000,000 28.38 $500,000 the first year and $500,000 28.39 the second year are from the trust fund 28.40 to the Board of Water and Soil 28.41 Resources to accelerate the local water 28.42 management challenge grant program 28.43 under Minnesota Statutes, sections 28.44 103B.3361 to 103B.3369, through 28.45 matching grants to implement high 28.46 priority activities in state-approved 28.47 comprehensive water management plans. 28.48 For the purposes of this paragraph, the 28.49 match must be a nonstate contribution, 28.50 but may be either cash or qualifying 28.51 in-kind. The grants may be provided on 28.52 an advance basis as specified in the 28.53 work program. This appropriation is 28.54 available until June 30, 2008, at which 28.55 time the project must be completed and 28.56 final products delivered, unless an 28.57 earlier date is specified in the work 28.58 program. 28.59 (b) Accelerating and Enhancing Surface Water 28.60 Monitoring for Lakes and Streams 600,000 29.1 $300,000 the first year and $300,000 29.2 the second year are from the trust fund 29.3 to the commissioner of the Pollution 29.4 Control Agency for acceleration of 29.5 agency programs and cooperative 29.6 agreements with the Minnesota Lakes 29.7 Association, Rivers Council of 29.8 Minnesota, and the University of 29.9 Minnesota to accelerate monitoring 29.10 efforts through assessments, citizen 29.11 training, and implementation grants. 29.12 This appropriation is available until 29.13 June 30, 2008, at which time the 29.14 project must be completed and final 29.15 products delivered, unless an earlier 29.16 date is specified in the work program. 29.17 (c) Effects of Land Retirements on the 29.18 Minnesota River 300,000 29.19 $150,000 the first year and $150,000 29.20 the second year are from the trust fund 29.21 to the Board of Water and Soil 29.22 Resources for a cooperative agreement 29.23 with the U.S. Geological Survey to 29.24 evaluate effects of retired or 29.25 set-aside agricultural lands on the 29.26 water quality and aquatic habitat of 29.27 streams in the Minnesota River Basin in 29.28 order to enhance prioritization of 29.29 future land retirements. This 29.30 appropriation must be matched by an 29.31 equal amount of nonstate money. This 29.32 appropriation is available until June 29.33 30, 2008, at which time the project 29.34 must be completed and final products 29.35 delivered, unless an earlier date is 29.36 specified in the work program. 29.37 (d) Recycling Treated Municipal Wastewater for 29.38 Industrial Water Use 300,000 29.39 $150,000 the first year and $150,000 29.40 the second year are from the trust fund 29.41 to the commissioner of natural 29.42 resources for an agreement with the 29.43 Metropolitan Council to determine the 29.44 feasibility of recycling treated 29.45 municipal wastewater for industrial 29.46 use, characterize industrial water 29.47 demand and quality, and determine the 29.48 costs to treat municipal wastewater to 29.49 meet specific industrial needs. 29.50 (e) Unwanted Hormone Therapy: Protecting Water 29.51 and Public Health 300,000 29.52 $150,000 the first year and $150,000 29.53 the second year are from the trust fund 29.54 to the University of Minnesota to 29.55 determine where behavior-altering 29.56 estrogenic compounds come from and how 29.57 they are distributed in wastewater 29.58 treatment plants. This appropriation 29.59 is available until June 30, 2008, at 29.60 which time the project must be 29.61 completed and final products delivered, 29.62 unless an earlier date is specified in 29.63 the work program. 30.1 (f) Climate Change Impacts on Minnesota's 30.2 Aquatic Resources 250,000 30.3 $125,000 the first year and $125,000 30.4 the second year are from the trust fund 30.5 to the University of Minnesota, Natural 30.6 Resources Research Institute, to 30.7 quantify climate, hydrologic, and 30.8 ecological variability and trends; and 30.9 identify indicators of future climate 30.10 change effects on aquatic systems. 30.11 This appropriation is available until 30.12 June 30, 2008, at which time the 30.13 project must be completed and final 30.14 products delivered, unless an earlier 30.15 date is specified in the work program. 30.16 (g) Green Roof Cost Share and Monitoring 350,000 30.17 $175,000 the first year and $175,000 30.18 the second year are from the trust fund 30.19 to the commissioner of natural 30.20 resources for an agreement with Ramsey 30.21 Conservation District to install green, 30.22 vegetated roofs on four commercial or 30.23 industrial buildings in Roseville and 30.24 Falcon Heights and to monitor their 30.25 effectiveness for stormwater 30.26 management, flood reduction, water 30.27 quality, and energy efficiency. The 30.28 cost of the installations must be 30.29 matched by at least 50 percent nonstate 30.30 money. 30.31 (h) Woodchip Biofilter Treatment of Feedlot Runoff 270,000 30.32 $135,000 the first year and $135,000 30.33 the second year are from the trust fund 30.34 to the commissioner of natural 30.35 resources for agreements with Stearns 30.36 County Soil and Water Conservation 30.37 District and the University of 30.38 Minnesota to treat feedlot runoff with 30.39 woodchip biofilters to remove 30.40 pollutants and assess improvements to 30.41 surface water quality. This 30.42 appropriation is available until June 30.43 30, 2008, at which time the project 30.44 must be completed and final products 30.45 delivered, unless an earlier date is 30.46 specified in the work program. 30.47 (i) Improving Water Quality on the Central Sands 587,000 30.48 $294,000 the first year and $293,000 30.49 the second year are from the trust fund 30.50 to the commissioner of natural 30.51 resources for agreements with the 30.52 University of Minnesota and the Central 30.53 Lakes College Agricultural Center to 30.54 reduce nitrate and phosphorus losses to 30.55 groundwater and surface waters of sandy 30.56 ecoregions through the development, 30.57 promotion, and adoption of new farming 30.58 and land management practices and 30.59 techniques. This appropriation is 30.60 available until June 30, 2008, at which 30.61 time the project must be completed and 30.62 final products delivered, unless an 30.63 earlier date is specified in the work 30.64 program. 31.1 (j) Improving Impaired Watersheds: Conservation 31.2 Drainage Research 300,000 31.3 $150,000 the first year and $150,000 31.4 the second year are from the trust fund 31.5 to the commissioner of agriculture to 31.6 analyze conservation drainage systems 31.7 at University of Minnesota research and 31.8 outreach centers for opportunities to 31.9 retrofit drainage infrastructure with 31.10 water quality improvement 31.11 technologies. This appropriation is 31.12 available until June 30, 2008, at which 31.13 time the project must be completed and 31.14 final products delivered, unless an 31.15 earlier date is specified in the work 31.16 program. 31.17 (k) Hydrology, Habitat, and Energy Potential 31.18 of Mine Lakes 500,000 31.19 $188,000 the first year and $211,000 31.20 the second year are from the trust fund 31.21 to the commissioner of natural 31.22 resources for agency work and 31.23 agreements with Architectural 31.24 Resources, Inc., and Northeast 31.25 Technical Services, Inc., for a 31.26 coordinated effort of the Central Iron 31.27 Range Initiative to establish ultimate 31.28 mine water elevations, outflows, and 31.29 quality; design optimum future mineland 31.30 configurations for fish habitat and 31.31 lakeshore development; and evaluate 31.32 wind-pumped hydropower potential. 31.33 $62,000 the first year and $39,000 the 31.34 second year are from the trust fund to 31.35 the Minnesota Geological Survey at the 31.36 University of Minnesota to assess the 31.37 geology and mine pit morphometry. 31.38 (l) Hennepin County Beach Water Quality 31.39 Monitoring Project 100,000 31.40 $50,000 the first year and $50,000 the 31.41 second year are from the trust fund to 31.42 the commissioner of natural resources 31.43 for an agreement with Hennepin County 31.44 to develop a predictive model for 31.45 on-site determination of beach water 31.46 quality to prevent outbreaks of 31.47 waterborne illnesses and provide 31.48 related water safety outreach to the 31.49 public. 31.50 (m) Southwest Minnesota Floodwater Retention Projects 500,000 31.51 $250,000 the first year and $250,000 31.52 the second year are from the trust fund 31.53 to the commissioner of natural 31.54 resources for an agreement with Area II 31.55 MN River Basin Projects, Inc., to 31.56 acquire easements and construct four 31.57 floodwater retention projects in the 31.58 Minnesota River Basin to improve water 31.59 quality and waterfowl habitat. 31.60 (n) Upgrades to Blue Heron Research Vessel 295,000 31.61 $28,000 is from the Great Lakes 31.62 protection account in the first year 32.1 and $133,000 the first year and 32.2 $134,000 the second year are from the 32.3 trust fund to the University of 32.4 Minnesota, Large Lakes Observatory, to 32.5 upgrade and overhaul the Blue Heron 32.6 Research Vessel. 32.7 (o) Bassett Creek Valley Channel Restoration 175,000 32.8 $87,000 the first year and $88,000 the 32.9 second year are from the trust fund to 32.10 the commissioner of natural resources 32.11 for an agreement with the city of 32.12 Minneapolis for design and engineering 32.13 activities for habitat restoration and 32.14 water quality and channel improvements 32.15 for Bassett Creek Valley. 32.16 (p) Restoration of Indian Lake 200,000 32.17 $100,000 the first year and $100,000 32.18 the second year are from the trust fund 32.19 to the commissioner of natural 32.20 resources for agreements with MN 32.21 Environmental Services and Bemidji 32.22 State University to demonstrate the 32.23 removal of excess nutrients from Indian 32.24 Lake in Wright County. This 32.25 appropriation is available until June 32.26 30, 2008, at which time the project 32.27 must be completed and final products 32.28 delivered, unless an earlier date is 32.29 specified in the work program, and is 32.30 contingent on all appropriate permits 32.31 being obtained. 32.32 Subd. 8. Land Use and Natural Resource 32.33 Information 1,000,000 1,000,000 32.34 Summary by Fund 32.35 Trust Fund 1,000,000 1,000,000 32.36 (a) Minnesota County Biological Survey 1,000,000 32.37 $500,000 the first year and $500,000 32.38 the second year are from the trust fund 32.39 to the commissioner of natural 32.40 resources for the tenth biennium to 32.41 accelerate the survey that identifies 32.42 significant natural areas and 32.43 systematically collects and interprets 32.44 data on the distribution and ecology of 32.45 native plant communities, rare plants, 32.46 and rare animals. 32.47 (b) Soil Survey 500,000 32.48 $250,000 the first year and $250,000 32.49 the second year are from the trust fund 32.50 to the Board of Water and Soil 32.51 Resources to accelerate digitizing of 32.52 completed soil surveys for Web-based 32.53 user application and for agreements 32.54 with Pine and Crow Wing Counties to 32.55 begin soil surveys. The new soil 32.56 surveys must be done on a cost-share 32.57 basis with local and federal funds. 32.58 This appropriation is available until 32.59 June 30, 2008, at which time the 32.60 project must be completed and final 33.1 products delivered, unless an earlier 33.2 date is specified in the work program. 33.3 (c) Land Cover Mapping for Natural Resource Protection 250,000 33.4 $125,000 the first year and $125,000 33.5 the second year are from the trust fund 33.6 to the commissioner of natural 33.7 resources for an agreement with 33.8 Hennepin County to develop GIS tools 33.9 for prioritizing natural areas for 33.10 protection and restoration and to 33.11 update and complete land cover 33.12 classification mapping. 33.13 (d) Open Space Planning and Protection 250,000 33.14 $125,000 the first year and $125,000 33.15 the second year are from the trust fund 33.16 to the commissioner of natural 33.17 resources for an agreement with Anoka 33.18 Conservation District to protect open 33.19 space by identifying high priority 33.20 natural resource corridors through 33.21 planning, conservation easements, and 33.22 land dedication as part of development 33.23 processes. 33.24 Subd. 9. Agriculture and Natural 33.25 Resource Industries 1,342,000 1,341,000 33.26 Summary by Fund 33.27 Trust Fund 1,342,000 1,341,000 33.28 (a) Completing Third-Party Certification 33.29 of DNR Forest Lands 250,000 33.30 $125,000 the first year and $125,000 33.31 the second year are from the trust fund 33.32 to the commissioner of natural 33.33 resources for third-party assessment 33.34 and certification of 4,470,000 acres of 33.35 DNR-administered lands under forest 33.36 sustainability standards established by 33.37 two internationally recognized forest 33.38 certification systems, the Forest 33.39 Stewardship Council system, and the 33.40 Sustainable Forestry Initiative system. 33.41 (b) Third-Party Certification of Private Woodlands 376,000 33.42 $188,000 the first year and $188,000 33.43 the second year are from the trust fund 33.44 to the University of Minnesota, Cloquet 33.45 Forestry Center, to pilot a third-party 33.46 certification assessment framework for 33.47 nonindustrial private forest owners. 33.48 (c) Sustainable Management of Private Forest Lands 874,000 33.49 $437,000 the first year and $437,000 33.50 the second year are from the trust fund 33.51 to the commissioner of natural 33.52 resources to develop stewardship plans 33.53 for private forested lands, implement 33.54 stewardship plans on a cost-share basis 33.55 and for conservation easements matching 33.56 federal funds. This appropriation is 33.57 available until June 30, 2008, at which 33.58 time the project must be completed and 34.1 final products delivered, unless an 34.2 earlier date is specified in the work 34.3 program. 34.4 (d) Evaluating Riparian Timber Harvesting 34.5 Guidelines: Phase 2 333,000 34.6 $167,000 the first year and $166,000 34.7 the second year are from the trust fund 34.8 to the University of Minnesota for a 34.9 second biennium to assess the timber 34.10 harvesting riparian management 34.11 guidelines for postharvest impacts on 34.12 terrestrial, aquatic, and wildlife 34.13 habitat. This appropriation is 34.14 available until June 30, 2008, at which 34.15 time the project must be completed and 34.16 final products delivered, unless an 34.17 earlier date is specified in the work 34.18 program. 34.19 (e) Third Crops for Water Quality-Phase 2 500,000 34.20 $250,000 the first year and $250,000 34.21 the second year are from the trust fund 34.22 to the commissioner of natural 34.23 resources for cooperative agreements 34.24 with Rural Advantage and the University 34.25 of Minnesota to accelerate adoption of 34.26 third crops to enhance water quality, 34.27 diversify cropping systems, supply 34.28 bioenergy, and provide wildlife habitat 34.29 through demonstration, research, and 34.30 education. This appropriation is 34.31 available until June 30, 2008, at which 34.32 time the project must be completed and 34.33 final products delivered, unless an 34.34 earlier date is specified in the work 34.35 program. 34.36 (f) Bioconversion of Potato Waste into 34.37 Marketable Biopolymers 350,000 34.38 $175,000 the first year and $175,000 34.39 the second year are from the trust fund 34.40 to the commissioner of natural 34.41 resources for an agreement with Bemidji 34.42 State University to evaluate the 34.43 bioconversion of potato waste into 34.44 plant-based plastics. This 34.45 appropriation is available until June 34.46 30, 2008, at which time the project 34.47 must be completed and final products 34.48 delivered, unless an earlier date is 34.49 specified in the work program. 34.50 Subd. 10. Energy 1,896,000 1,896,000 34.51 Summary by Fund 34.52 Trust Fund 1,896,000 1,896,000 34.53 (a) Clean Energy Resource Teams and Community Wind 34.54 Energy Rebate Programs 700,000 34.55 $350,000 the first year and $350,000 34.56 the second year are from the trust fund 34.57 to the commissioner of commerce. 34.58 $300,000 of this appropriation is to 34.59 provide technical assistance to 34.60 implement cost-effective conservation, 35.1 energy efficiency, and renewable energy 35.2 projects. $400,000 of this 35.3 appropriation is to assist two 35.4 Minnesota communities in developing 35.5 locally owned wind energy projects by 35.6 offering financial assistance rebates. 35.7 (b) Planning for Economic Development 35.8 via Energy Independence 240,000 35.9 $120,000 the first year and $120,000 35.10 the second year are from the trust fund 35.11 to the commissioner of natural 35.12 resources for an agreement with the 35.13 University of Minnesota-Duluth to 35.14 evaluate the socioeconomic benefits of 35.15 statewide and community renewable 35.16 energy production and distribution by 35.17 analyzing system installation, 35.18 technical capabilities, 35.19 cost-competitiveness, economic impacts, 35.20 and policy incentives. 35.21 (c) Manure Methane Digester Compatible Wastes 35.22 and Electrical Generation 100,000 35.23 $50,000 the first year and $50,000 the 35.24 second year are from the trust fund to 35.25 the commissioner of agriculture to 35.26 research the potential for a centrally 35.27 located, multifarm manure digester and 35.28 the potential use of compatible waste 35.29 streams with manure digesters. 35.30 (d) Dairy Farm Digesters 336,000 35.31 $168,000 the first year and $168,000 35.32 the second year are from the trust fund 35.33 to the commissioner of natural 35.34 resources for an agreement with the 35.35 Minnesota Project for a pilot project 35.36 to evaluate anaerobic digester 35.37 technology on average size dairy farms 35.38 of 50 to 300 cows. 35.39 (e) Wind to Hydrogen Demonstration 800,000 35.40 $400,000 the first year and $400,000 35.41 the second year are from the trust fund 35.42 to the commissioner of natural 35.43 resources for an agreement with the 35.44 University of Minnesota, West Central 35.45 Research and Outreach Center, to 35.46 develop a model community-scale 35.47 wind-to-hydrogen facility. 35.48 (f) Natural Gas Production from 35.49 Agricultural Biomass 100,000 35.50 $50,000 the first year and $50,000 the 35.51 second year are from the trust fund to 35.52 the commissioner of natural resources 35.53 for an agreement with Sebesta Blomberg 35.54 and Associates to demonstrate potential 35.55 natural gas yield using anaerobic 35.56 digestion of blends of chopped grasses 35.57 or crop residue with hog manure and 35.58 determine optimum operating conditions 35.59 for conversion to natural gas. 35.60 (g) Biomass-Derived Oils for Generating Electricity 36.1 and Reducing Emissions 150,000 36.2 $75,000 the first year and $75,000 the 36.3 second year are from the trust fund to 36.4 the University of Minnesota to evaluate 36.5 the environmental and performance 36.6 benefits of using renewable 36.7 biomass-derived oils, such as soybean 36.8 oil, for generating electricity. 36.9 (h) Phillips Biomass Community Energy System 900,000 36.10 $450,000 the first year and $450,000 36.11 the second year are from the trust fund 36.12 to the commissioner of natural 36.13 resources for an agreement with 36.14 Phillips Community Energy Cooperative 36.15 to assist in the distribution system 36.16 equipment and construction costs for a 36.17 biomass district energy system. This 36.18 appropriation is contingent on all 36.19 appropriate permits being obtained and 36.20 a signed commitment of financing for 36.21 the biomass electrical generating 36.22 facility being in place. 36.23 (i) Laurentian Energy Authority Biomass Project 466,000 36.24 $233,000 the first year and $233,000 36.25 the second year are from the trust fund 36.26 to the commissioner of natural 36.27 resources for an agreement with 36.28 Virginia Public Utility to lease land 36.29 and plant approximately 1,000 acres of 36.30 trees to support a proposed conversion 36.31 to a biomass power plant. 36.32 Subd. 11. Environmental Education 360,000 360,000 36.33 Summary by Fund 36.34 Trust Fund 360,000 360,000 36.35 (a) Enhancing Civic Understanding of Groundwater 150,000 36.36 $75,000 the first year and $75,000 the 36.37 second year are from the trust fund to 36.38 the commissioner of natural resources 36.39 for an agreement with the Science 36.40 Museum of Minnesota to create 36.41 groundwater exhibits and a statewide 36.42 traveling groundwater classroom 36.43 program. This appropriation is 36.44 available until June 30, 2008, at which 36.45 time the project must be completed and 36.46 final products delivered, unless an 36.47 earlier date is specified in the work 36.48 program. 36.49 (b) Cedar Creek Natural History Area Interpretive 36.50 Center and Restoration 400,000 36.51 $200,000 the first year and $200,000 36.52 the second year are from the trust fund 36.53 to the commissioner of natural 36.54 resources for an agreement with the 36.55 University of Minnesota, Cedar Creek 36.56 Natural History Area, to restore 400 36.57 acres of savanna and prairie; construct 36.58 a Science Interpretive Center to 36.59 publicly demonstrate technologies for 37.1 energy efficiency; and create 37.2 interpretive trails. This 37.3 appropriation is available until June 37.4 30, 2008, at which time the project 37.5 must be completed and final products 37.6 delivered, unless an earlier date is 37.7 specified in the work program. 37.8 (c) Environmental Problem-Solving Model 37.9 for Twin Cities Schools 75,000 37.10 $38,000 the first year and $37,000 the 37.11 second year are from the trust fund to 37.12 the commissioner of natural resources 37.13 for an agreement with Eco Education to 37.14 train high school students and teachers 37.15 on environmental problem solving. 37.16 (d) Tamarack Nature Center Exhibits 95,000 37.17 $47,000 the first year and $48,000 the 37.18 second year are from the trust fund to 37.19 the commissioner of natural resources 37.20 for an agreement with Ramsey County 37.21 Parks and Recreation Department to 37.22 develop interactive ecological exhibits 37.23 at Tamarack Nature Center. 37.24 Subd. 12. Children's Environmental 37.25 Health 100,000 100,000 37.26 Summary by Fund 37.27 Trust Fund 100,000 100,000 37.28 Minnesota Children's Pesticide Exposure 37.29 Reduction Initiative 200,000 37.30 $100,000 the first year and $100,000 37.31 the second year are appropriated to the 37.32 commissioner of agriculture to reduce 37.33 children's pesticide exposure through 37.34 parent education on alternative pest 37.35 control methods and safe pesticide use. 37.36 Subd. 13. Data Availability Requirements 37.37 (a) During the biennium ending June 30, 37.38 2007, data collected by the projects 37.39 funded under this section that have 37.40 value for planning and management of 37.41 natural resource, emergency 37.42 preparedness, and infrastructure 37.43 investments must conform to the 37.44 enterprise information architecture 37.45 developed by the Office of Technology. 37.46 Spatial data must conform to geographic 37.47 information system guidelines and 37.48 standards outlined in that architecture 37.49 and adopted by the Minnesota Geographic 37.50 Data Clearinghouse at the Land 37.51 Management Information Center. A 37.52 description of these data that adheres 37.53 to Office of Technology geographic 37.54 metadata standards must be submitted to 37.55 the Land Management Information Center 37.56 to be made available on-line through 37.57 the clearinghouse, and the data 37.58 themselves must be accessible and free 37.59 to the public unless made private under 37.60 the Data Practices Act, Minnesota 38.1 Statutes, chapter 13. 38.2 (b) To the extent practicable, summary 38.3 data and results of projects funded 38.4 under this section should be readily 38.5 accessible on the Internet and 38.6 identified as an environment and 38.7 natural resources trust fund project. 38.8 (c) As part of project expenditures, 38.9 recipients of land acquisition 38.10 appropriations must provide the 38.11 information necessary to update public 38.12 recreation information maps to the 38.13 Department of Natural Resources in the 38.14 form specified by the department. 38.15 Subd. 14. Project Requirements 38.16 It is a condition of acceptance of the 38.17 appropriations in this section that any 38.18 agency or entity receiving the 38.19 appropriation must comply with 38.20 Minnesota Statutes, chapter 116P, and 38.21 vegetation planted must be native to 38.22 Minnesota and preferably of the local 38.23 ecotype unless the work program 38.24 approved by the commission expressly 38.25 allows the planting of species that are 38.26 not native to Minnesota. 38.27 Subd. 15. Match Requirements 38.28 Unless specifically authorized, 38.29 appropriations in this section that 38.30 must be matched and for which the match 38.31 has not been committed by December 31, 38.32 2005, are canceled, and in-kind 38.33 contributions may not be counted as 38.34 matching funds. 38.35 Subd. 16. Payment Conditions and Capital Equipment Expenditures 38.36 All agreements, grants, or contracts 38.37 referred to in this section must be 38.38 administered on a reimbursement basis 38.39 unless otherwise provided in this 38.40 section. Notwithstanding Minnesota 38.41 Statutes, section 16A.41, expenditures 38.42 made on or after July 1, 2005, or the 38.43 date the work program is approved, 38.44 whichever is later, are eligible for 38.45 reimbursement unless otherwise provided 38.46 in this section. Payment must be made 38.47 upon receiving documentation that 38.48 project-eligible, reimbursable dollar 38.49 amounts have been expended, except that 38.50 reasonable amounts may be advanced to 38.51 projects to accommodate cash flow needs 38.52 or match federal funds. The advances 38.53 must be approved as part of the work 38.54 program. No expenditures for capital 38.55 equipment are allowed unless expressly 38.56 authorized in the project work program. 38.57 Subd. 17. Purchase of Recycled and Recyclable Materials 38.58 A political subdivision, public or 38.59 private corporation, or other entity 38.60 that receives an appropriation in this 38.61 section must use the appropriation in 39.1 compliance with Minnesota Statutes, 39.2 sections 16B.121 and 16B.122, requiring 39.3 the purchase of recycled, repairable, 39.4 and durable materials; the purchase of 39.5 uncoated paper stock; and the use of 39.6 soy-based ink, the same as if it were a 39.7 state agency. 39.8 Subd. 18. Energy Conservation 39.9 A recipient to whom an appropriation is 39.10 made in this section for a capital 39.11 improvement project shall ensure that 39.12 the project complies with the 39.13 applicable energy conservation 39.14 standards contained in law, including 39.15 Minnesota Statutes, sections 216C.19 39.16 and 216C.20, and rules adopted 39.17 thereunder. The recipient may use the 39.18 energy planning, advocacy, and state 39.19 energy office units of the Department 39.20 of Commerce to obtain information and 39.21 technical assistance on energy 39.22 conservation and alternative energy 39.23 development relating to the planning 39.24 and construction of the capital 39.25 improvement project. 39.26 Subd. 19. Accessibility 39.27 Structural and nonstructural facilities 39.28 must meet the design standards in the 39.29 Americans with Disability Act (ADA) 39.30 accessibility guidelines. 39.31 Sec. 11. Minnesota Statutes 2004, section 16A.125, 39.32 subdivision 5, is amended to read: 39.33 Subd. 5. [FOREST TRUST LANDS.] (a) The term "state forest 39.34 trust fund lands" as used in this subdivision, means public land 39.35 in trust under the Constitution set apart as "forest lands under 39.36 the authority of the commissioner" of natural resources as 39.37 defined by section 89.001, subdivision 13. 39.38 (b) The commissioner of finance shall credit the revenue 39.39 from the forest trust fund lands to the forest suspense 39.40 account. The account must specify the trust funds interested in 39.41 the lands and the respective receipts of the lands. 39.42 (c) After a fiscal year, the commissioner of finance shall 39.43 certify the total costs incurred for forestry during that year 39.44 under appropriations for the protection, improvement, 39.45 administration, and management of state forest trust fund lands 39.46 and construction and improvement of forest roads to enhance the 39.47 forest value of the lands. The certificate must specify the 39.48 trust funds interested in the lands. The commissioner of 40.1 natural resources shall supply the commissioner of finance with 40.2 the information needed for the certificate. 40.3 (d) After a fiscal year and after the appropriation in 40.4 subdivision 11, the commissioner shall distribute the receipts 40.5 credited to the suspense account during that fiscal year as 40.6 follows: 40.7(a)(1) the amount of the certified costs incurred by the 40.8 state for forest management, forest improvement, and road 40.9 improvement during the fiscal year shall be transferred to 40.10 thegeneral fund.forest management investment account 40.11 established under section 89.039; 40.12 (2) the balance of the certified costs incurred by the 40.13 state during the fiscal year shall be transferred to the general 40.14 fund; and 40.15(b)(3) the balance of the receipts shall then be returned 40.16 prorated to the trust funds in proportion to their respective 40.17 interests in the lands which produced the receipts. 40.18 Sec. 12. Minnesota Statutes 2004, section 84.027, 40.19 subdivision 12, is amended to read: 40.20 Subd. 12. [PROPERTY DISPOSAL; GIFT ACKNOWLEDGMENT; 40.21 ADVERTISING SALES.] (a) The commissioner may give away to 40.22 members of the public items with a value of less than$10$50 40.23 that are intended to promote conservation of natural resources 40.24 or create awareness of the state and its resources or natural 40.25 resource management programs. The total value of items given to 40.26 the public under this paragraph may not exceed $25,000 per year. 40.27 (b) The commissioner may recognize the contribution of 40.28 money or in-kind services on plaques, signs, publications, 40.29 audio-visual materials, and media advertisements by allowing the 40.30 organization's contribution to be acknowledged in print of 40.31 readable size. 40.32 (c) The commissioner may accept paid advertising for 40.33 departmental publications. Advertising revenues received are 40.34 appropriated to the commissioner to be used to defray costs of 40.35 publications, media productions, or other informational 40.36 materials. The commissioner may not accept paid advertising 41.1 from any elected official or candidate for elective office. 41.2 Sec. 13. Minnesota Statutes 2004, section 84.027, 41.3 subdivision 15, is amended to read: 41.4 Subd. 15. [ELECTRONIC TRANSACTIONS.] (a) The commissioner 41.5 may receive an application for, sell, and issue any license, 41.6 stamp, permit, pass, sticker, duplicate safety training 41.7 certification, registration, or transfer under the jurisdiction 41.8 of the commissioner by electronic means, including by telephone. 41.9 Notwithstanding section 97A.472, electronic and telephone 41.10 transactions may be made outside of the state. The commissioner 41.11 may: 41.12 (1) provide for the electronic transfer of funds generated 41.13 by electronic transactions, including by telephone; 41.14 (2) assigna licensean identification number to an 41.15 applicant who purchases a hunting or fishing license or 41.16 recreational vehicle registration by electronic means, to serve 41.17 as temporary authorization to engage in thelicensed41.18 activity requiring a license or registration until the license 41.19 or registration is received or expires; 41.20 (3) charge and permit agents to charge a fee of individuals 41.21 who make electronic transactions and transactions by 41.22 telephone or Internet, includingtheissuingfee under section41.2397A.485, subdivision 6,fees and an additional transaction fee 41.24 not to exceed $3.50; 41.25 (4)collect issuing or filing fees as provided under41.26sections 84.788, subdivision 3, paragraph (e); 84.798,41.27subdivision 3, paragraph (b); 84.82, subdivision 2, paragraph41.28(d); 84.8205, subdivisions 5 and 6; 84.922, subdivision 2,41.29paragraph (e); 85.41, subdivision 5; 86B.415, subdivision 8; and41.3097A.485, subdivision 6, and collectestablish, by written order, 41.31 an electronic licensing system commissiononto be paid by 41.32 revenues generated from all salesof licenses as provided under41.33sections 85.43, paragraph (b), and 97A.485, subdivision 7made 41.34 through the electronic licensing system. The commissioner shall 41.35 establish the commission in a manner that neither significantly 41.36 overrecovers nor underrecovers costs involved in providing the 42.1 electronic licensing system; and 42.2 (5) adopt rules to administer the provisions of this 42.3 subdivision. 42.4 (b)Establishment ofThetransaction feefees established 42.5 under paragraph (a), clause (3), and the commission established 42.6 under paragraph (a), clause (4),isare not subject to the 42.7 rulemaking procedures of chapter 14 and section 14.386 does not 42.8 apply. 42.9 (c) Money received from fees and commissions collected 42.10 under this subdivision, including interest earned, is annually 42.11 appropriated from the game and fish fund and the natural 42.12 resources fund to the commissioner for the cost of electronic 42.13 licensing. 42.14 [EFFECTIVE DATE.] This section is effective July 6, 2005. 42.15 Sec. 14. Minnesota Statutes 2004, section 84.027, is 42.16 amended by adding a subdivision to read: 42.17 Subd. 17. [BACKGROUND CHECKS FOR VOLUNTEER 42.18 INSTRUCTORS.] (a) The commissioner may conduct background checks 42.19 for volunteer instructor applicants for department safety 42.20 training and education programs, including the programs 42.21 established under sections 84.791 (youth off-highway motorcycle 42.22 safety education and training), 84.86 and 84.862 (youth and 42.23 adult snowmobile safety training), 84.925 (youth all-terrain 42.24 vehicle safety education and training), 97B.015 (youth firearms 42.25 safety training), and 97B.025 (hunter and trapper education and 42.26 training). 42.27 (b) The commissioner shall perform the background check by 42.28 retrieving criminal history data maintained in the criminal 42.29 justice information system (CJIS) and other data sources. 42.30 (c) The commissioner shall develop a standardized form to 42.31 be used for requesting a background check, which must include: 42.32 (1) a notification to the applicant that the commissioner 42.33 will conduct a background check under this section; 42.34 (2) a notification to the applicant of the applicant's 42.35 rights under paragraph (d); and 42.36 (3) a signed consent by the applicant to conduct the 43.1 background check expiring one year from date of signature. 43.2 (d) The volunteer instructor applicant who is the subject 43.3 of a background check has the right to: 43.4 (1) be informed that the commissioner will request a 43.5 background check on the applicant; 43.6 (2) be informed by the commissioner of the results of the 43.7 background check and obtain a copy of the background check; 43.8 (3) obtain any record that forms the basis for the 43.9 background check and report; 43.10 (4) challenge the accuracy and completeness of the 43.11 information contained in the report or a record; and 43.12 (5) be informed by the commissioner if the applicant is 43.13 rejected because of the result of the background check. 43.14 Sec. 15. Minnesota Statutes 2004, section 84.0274, is 43.15 amended by adding a subdivision to read: 43.16 Subd. 9. [EXCEPTION FOR NONPROFIT ORGANIZATIONS AND 43.17 GOVERNMENTAL ENTITIES.] When the commissioner acquires land or 43.18 interests in land from a nonprofit organization or governmental 43.19 entity, any or all of the provisions of this section may be 43.20 waived by mutual agreement of the commissioner and the nonprofit 43.21 organization or governmental entity. 43.22 Sec. 16. Minnesota Statutes 2004, section 84.0274, is 43.23 amended by adding a subdivision to read: 43.24 Subd. 10. [RIGHT OF FIRST REFUSAL AGREEMENT.] The 43.25 commissioner may enter into a right of first refusal agreement 43.26 with a landowner prior to determining the value of the land. No 43.27 right of first refusal agreement shall be made for a period of 43.28 greater than two years and payment to the landowner for entry 43.29 into the agreement shall not exceed $5,000. 43.30 Sec. 17. Minnesota Statutes 2004, section 84.0911, 43.31 subdivision 2, is amended to read: 43.32 Subd. 2. [RECEIPTS.] Money received from the sale of wild 43.33 rice licenses issued by the commissioner under section 84.091, 43.34 subdivision 3, paragraph (a), clauses (1), (3), and (4), and 43.35 subdivision 3, paragraph (b), except for the electronic 43.36 licensing system commission established by the commissioner 44.1 under section 84.027, subdivision 15, shall be credited to the 44.2 wild rice management account. 44.3 [EFFECTIVE DATE.] This section is effective July 6, 2005. 44.4 Sec. 18. Minnesota Statutes 2004, section 84.631, is 44.5 amended to read: 44.6 84.631 [ROAD EASEMENTS ACROSS STATE LANDS.] 44.7 (a) Except as provided in section 85.015, subdivision 1b, 44.8 the commissioner, on behalf of the state, may convey a road 44.9 easement across state land under the commissioner's jurisdiction 44.10 other than school trust land, to a private person requesting an 44.11 easement for access to property owned by the person only if the 44.12 following requirements are met: (1) there are no reasonable 44.13 alternatives to obtain access to the property; and (2) the 44.14 exercise of the easement will not cause significant adverse 44.15 environmental or natural resource management impacts. 44.16 (b) The commissioner shall: 44.17 (1) require the applicant to pay the market value of the 44.18 easement; 44.19 (2) provide that the easement reverts to the state in the 44.20 event of nonuse; and 44.21 (3) impose other terms and conditions of use as necessary 44.22 and appropriate under the circumstances. 44.23 (c) An applicant shall submit a fee of $2,000 with each 44.24 application for a road easement across state land. The 44.25 application fee is nonrefundable, even if the application is 44.26 withdrawn or denied. 44.27 (d) Fees collected under paragraph (c) must be deposited in 44.28 the land management account in the natural resources fund. 44.29 Sec. 19. Minnesota Statutes 2004, section 84.775, 44.30 subdivision 1, is amended to read: 44.31 Subdivision 1. [CIVIL CITATION; AUTHORITY TO ISSUE.] (a) A 44.32 conservation officer or other licensed peace officer may issue a 44.33 civil citation to a person who operates: 44.34 (1) an off-highway motorcycle in violation of sections 44.35 84.773, subdivision 1 or 2, clause (1); 84.777; 84.788 to 44.36 84.795; or 84.90; 45.1 (2) an off-road vehicle in violation of sections 84.773, 45.2 subdivision 1 or 2, clause (1); 84.777; 84.798 to 84.804; or 45.3 84.90; or 45.4 (3) an all-terrain vehicle in violation of sections 84.773, 45.5 subdivision 1 or 2, clause (1); 84.777; 84.90; or 84.922 to 45.6 84.928. 45.7 (b) A civil citation under paragraph (a) shall require 45.8 restitution for public and private property damage and impose a 45.9 penalty of: 45.10 (1) $100 for the first offense; 45.11 (2) $200 for the second offense; and 45.12 (3) $500 for third and subsequent offenses. 45.13 (c) A conservation officer or other licensed peace officer 45.14 may issue a civil citation to a person who operates an 45.15 off-highway motorcycle, off-road vehicle, or all-terrain vehicle 45.16 in violation of section 84.773, subdivision 2, clause (2) or 45.17 (3). A civil citation under this paragraph shall require 45.18 restitution for damage to wetlands and impose a penalty of: 45.19 (1) $100 for the first offense; 45.20 (2) $500 for the second offense; and 45.21 (3) $1,000 for third and subsequent offenses. 45.22 (d) If the peace officer determines that there is damage to 45.23 property requiring restitution, the commissioner must send a 45.24 written explanation of the extent of the damage and the cost of 45.25 the repair by first class mail to the address provided by the 45.26 person receiving the citation within 15 days of the date of the 45.27 citation. 45.28 (e) An off-road vehicle or all-terrain vehicle that is 45.29 equipped with a snorkel device and receives a civil citation 45.30 under this section is subject to twice the penalty amounts in 45.31 paragraphs (b) and (c). 45.32 Sec. 20. [84.781] [USE OF DEPARTMENT RESOURCES.] 45.33 The commissioner of natural resources may permit Department 45.34 of Natural Resources personnel and equipment from the Division 45.35 of Trails and Waterways to be used to assist local units of 45.36 government in developing and maintaining off-highway vehicle 46.1 grant-in-aid trails located on property owned by or under the 46.2 control of the local unit of government. 46.3 Sec. 21. [84.785] [OFF-HIGHWAY VEHICLE SAFETY AND 46.4 CONSERVATION GRANT PROGRAM.] 46.5 Subdivision 1. [CREATION.] The commissioner of natural 46.6 resources shall establish an off-highway vehicle safety and 46.7 conservation grant program to award grants to organizations that 46.8 meet the eligibility requirements under subdivision 3. 46.9 Subd. 2. [PURPOSE.] The purpose of the off-highway vehicle 46.10 safety and conservation grant program is to encourage 46.11 off-highway vehicle clubs to assist in safety and environmental 46.12 education and in improving, maintaining, and monitoring trails 46.13 on state forest land and other public lands. 46.14 Subd. 3. [ELIGIBILITY.] To be eligible for a grant under 46.15 this section, an organization must: 46.16 (1) be a statewide Minnesota organization that has been in 46.17 existence at least five years and that promotes the operation of 46.18 off-highway vehicles in a manner that is safe, responsible, and 46.19 does not harm the environment; 46.20 (2) promote the operation of off-highway vehicles in a 46.21 manner that does not conflict with the laws and rules that 46.22 relate to the operation of off-highway vehicles; 46.23 (3) have an interest limited to the operation of motorized 46.24 vehicles on motorized trails and other designated areas; 46.25 (4) have a board of directors that has 80 percent of its 46.26 members who are representatives of all-terrain vehicle clubs, 46.27 off-highway motorcycle clubs, or off-road vehicle clubs; and 46.28 (5) provide support to off-highway vehicle clubs. 46.29 Subd. 4. [USE OF GRANTS.] An organization receiving a 46.30 grant under this section shall use the grant money to promote 46.31 and provide support to the Department of Natural Resources by: 46.32 (1) encouraging off-highway vehicle clubs to assist in 46.33 improving, maintaining, and monitoring trails on state forest 46.34 land and other public lands; 46.35 (2) providing assistance to the department in locating, 46.36 recruiting, and training instructors; 47.1 (3) assisting the commissioner and the director of tourism 47.2 in creating an outreach program to inform local communities of 47.3 appropriate off-highway vehicle use in their communities and of 47.4 the economic benefits and costs that may be attributed to 47.5 promoting tourism to attract off-highway vehicles; 47.6 (4) publishing a manual in cooperation with the 47.7 commissioner that will be used to train volunteers in monitoring 47.8 the operation of off-highway vehicles for safety, environmental, 47.9 and other issues that relate to the responsible operation of 47.10 off-highway vehicles; and 47.11 (5) collecting data on the operation of off-highway 47.12 vehicles in the state. 47.13 Sec. 22. [84.7851] [WORKER DISPLACEMENT PROHIBITED.] 47.14 The commissioner may not enter into any agreement that has 47.15 the purpose of or results in the displacement of public 47.16 employees by volunteers participating in an off-highway safety 47.17 and conservation program. The commissioner must certify to the 47.18 appropriate bargaining agent that the work performed by a 47.19 volunteer will not result in the displacement of currently 47.20 employed workers or workers on seasonal layoff or layoff from a 47.21 substantially equivalent position, including partial 47.22 displacement such as reduction in hours of nonovertime work, 47.23 wages, or other employment benefits. 47.24 Sec. 23. Minnesota Statutes 2004, section 84.788, 47.25 subdivision 3, is amended to read: 47.26 Subd. 3. [APPLICATION; ISSUANCE; REPORTS.] (a) Application 47.27 for registration or continued registration must be made to the 47.28 commissioner or an authorized deputy registrar of motor vehicles 47.29 in a form prescribed by the commissioner. The form must state 47.30 the name and address of every owner of the off-highway 47.31 motorcycle. 47.32 (b) A person who purchases from a retail dealer an 47.33 off-highway motorcycle shall make application for registration 47.34 to the dealer at the point of sale. The dealer shall issue a 47.35 temporary ten-day registration permit to each purchaser who 47.36 applies to the dealer for registration. The dealer shall submit 48.1 the completed registration applications and fees to the deputy 48.2 registrar at least once each week. No fee may be charged by a 48.3 dealer to a purchaser for providing the temporary permit. 48.4 (c) Upon receipt of the application and the appropriate 48.5 fee, the commissioner or deputy registrar shall issue to the 48.6 applicant, or provide to the dealer,a 60-day temporary receipt48.7and shall assign aan assigned registration numberthator a 48.8 commissioner or deputy registrar temporary ten-day permit. Once 48.9 issued, the registration number must be affixed to the 48.10 motorcyclein a manner prescribed by the commissioneraccording 48.11 to paragraph (f). A dealer subject to paragraph (b) shall 48.12 provide the registration materialsandor temporary 48.13receiptpermit to the purchaser within the ten-day temporary 48.14 permit period. 48.15 (d) The commissioner shall develop a registration system to 48.16 register vehicles under this section. A deputy registrar of 48.17 motor vehicles acting under section 168.33, is also a deputy 48.18 registrar of off-highway motorcycles. The commissioner of 48.19 natural resources in agreement with the commissioner of public 48.20 safety may prescribe the accounting and procedural requirements 48.21 necessary to ensure efficient handling of registrations and 48.22 registration fees. Deputy registrars shall strictly comply with 48.23 the accounting and procedural requirements. 48.24 (e) In addition to other fees prescribed by law, a filing 48.25 fee of $4.50 is charged for each off-highway motorcycle 48.26 registration renewal, duplicate or replacement registration 48.27 card, and replacement decal and a filing fee of $7 is charged 48.28 for each off-highway motorcycle registration and registration 48.29 transfer issued by: 48.30 (1) a deputy registrar and must be deposited in the 48.31 treasury of the jurisdiction where the deputy is appointed, or 48.32 kept if the deputy is not a public official; or 48.33 (2) the commissioner and must be deposited in the state 48.34 treasury and credited to the off-highway motorcycle account. 48.35 (f) Unless exempted in paragraph (g), the owner of an 48.36 off-highway motorcycle must display a registration decal issued 49.1 by the commissioner. If the motorcycle is licensed as a motor 49.2 vehicle, a registration decal must be affixed on the upper left 49.3 corner of the rear license plate. If the motorcycle is not 49.4 licensed as a motor vehicle, the decal must be attached on the 49.5 side of the motorcycle and may be attached to the fork tube. 49.6 The decal must be attached in a manner so that it is visible 49.7 while a rider is on the motorcycle. The issued decals must be 49.8 of a size to work within the constraints of the electronic 49.9 licensing system, not to exceed three inches high and three 49.10 inches wide. 49.11 (g) Display of a registration decal is not required for an 49.12 off-highway motorcycle: 49.13 (1) while being operated on private property; or 49.14 (2) while competing in a closed-course competition event. 49.15 Sec. 24. Minnesota Statutes 2004, section 84.788, is 49.16 amended by adding a subdivision to read: 49.17 Subd. 11. [REFUNDS.] The commissioner may issue a refund 49.18 on a registration, not including any issuing fees paid under 49.19 subdivision 3, paragraph (e), or section 84.027, subdivision 15, 49.20 paragraph (a), clause (3), if the refund request is received 49.21 within 12 months of the original registration and: 49.22 (1) the off-highway motorcycle was registered incorrectly 49.23 by the commissioner or the deputy registrar; or 49.24 (2) the off-highway motorcycle was registered twice, once 49.25 by the dealer and once by the customer. 49.26 Sec. 25. Minnesota Statutes 2004, section 84.789, is 49.27 amended by adding a subdivision to read: 49.28 Subd. 3. [SOUND EMISSIONS.] (a) On and after July 1, 2006, 49.29 off-highway motorcycles, when operating on public lands, shall 49.30 at all times be equipped with a silencer or other device that 49.31 limits sound emissions according to this subdivision. 49.32 (b) Sound emissions of competition off-highway motorcycles 49.33 manufactured on or after January 1, 1998, are limited to not 49.34 more than 96 dbA and, if manufactured prior to January 1, 1998, 49.35 to not more than 99 dbA, when measured from a distance of 20 49.36 inches using test procedures established by the Society of 50.1 Automotive Engineers under Standard J-1287, as applicable. 50.2 (c) Sound emissions of all other off-highway motorcycles 50.3 are limited to not more than 96 dbA if manufactured on or after 50.4 January 1, 1986, and not more than 99 dbA if manufactured prior 50.5 to January 1, 1986, when measured from a distance of 20 inches 50.6 using test procedures established by the Society of Automotive 50.7 Engineers under Standard J-1287, as applicable. 50.8 Sec. 26. Minnesota Statutes 2004, section 84.791, 50.9 subdivision 1, is amended to read: 50.10 Subdivision 1. [PROGRAM ESTABLISHED; WHEN REQUIRED.] (a) 50.11 The commissioner shall establish a comprehensive off-highway 50.12 motorcycle environment and safety education and training 50.13 program, including the preparation and dissemination of vehicle 50.14 information and safety advice to the public, the training of 50.15 off-highway motorcycle operators, and the issuance of 50.16 off-highway motorcycle safety certificates to operators under 50.17 the age of 16 years who successfully complete the off-highway 50.18 motorcycle environment and safety education and training courses. 50.19 (b) An individual who is convicted of violating a law 50.20 related to the operation of an off-highway motorcycle must 50.21 successfully complete the environment and safety education and 50.22 training program established under paragraph (a) before 50.23 continuing operation of an off-highway motorcycle. 50.24 Sec. 27. Minnesota Statutes 2004, section 84.791, 50.25 subdivision 2, is amended to read: 50.26 Subd. 2. [FEES.] For the purposes of administering the 50.27 program and to defray a portion of the expenses of training and 50.28 certifying vehicle operators, the commissioner shall collect a 50.29 fee not to exceed $5 from each person who receives the training. 50.30 The commissioner shall collect a fee for issuing a duplicate 50.31 off-highway motorcycle safety certificate. The commissioner 50.32 shall establish the fee for a duplicate off-highway motorcycle 50.33 safety certificate, to include a $1 issuing fee for licensing 50.34 agents, that neither significantly overrecovers nor 50.35 underrecovers costs, including overhead costs, involved in 50.36 providing the service. The feesmust, except for the issuing 51.1 fee for licensing agents under this subdivision, shall be 51.2 deposited in the state treasury and credited to the off-highway 51.3 motorcycle account in the natural resources fund. 51.4 Sec. 28. Minnesota Statutes 2004, section 84.798, 51.5 subdivision 1, is amended to read: 51.6 Subdivision 1. [GENERAL REQUIREMENTS.] (a) Unless exempted 51.7 under paragraph (b) or subdivision 2, after January 1, 1995, a 51.8 person may not operate and an owner may not give permission for 51.9 another to operatea vehicle off-road, nor may a person havean 51.10 off-road vehiclenot registered under chapter 168 in possession51.11at an off-road vehicle staging area, or designated trailon 51.12 lands administered by the commissioner on off-road 51.13 vehicle-designated trails orareaareas, or on off-road vehicle 51.14 grant-in-aid trails and areas funded under section 84.803, 51.15 unless the vehicle has been registered under this section. 51.16 (b) Annually on the third Saturday of May, the commissioner 51.17 shall allow the operation of nonregistered off-road vehicles at 51.18 the Iron Range Off-Highway Vehicle Recreation Area. 51.19 Sec. 29. Minnesota Statutes 2004, section 84.798, is 51.20 amended by adding a subdivision to read: 51.21 Subd. 10. [REFUNDS.] The commissioner may issue a refund 51.22 on a registration, not including any issuing fees paid under 51.23 subdivision 3, paragraph (b), or section 84.027, subdivision 15, 51.24 paragraph (a), clause (3), if the refund request is received 51.25 within 12 months of the original registration and the vehicle 51.26 was registered incorrectly by the commissioner or the deputy 51.27 registrar. 51.28 Sec. 30. [84.8015] [EDUCATION AND TRAINING.] 51.29 Subdivision 1. [PROGRAM ESTABLISHED WHEN REQUIRED.] (a) 51.30 The commissioner shall establish a comprehensive off-road 51.31 vehicle environment and safety education and training program, 51.32 including the preparation and dissemination of vehicle 51.33 information and safety advice to the public, the training of 51.34 off-road vehicle operators, and the issuance of off-road vehicle 51.35 safety certificates to operators 16 to 18 years of age who 51.36 successfully complete the off-road vehicle environment and 52.1 safety education and training courses. 52.2 (b) Beginning July 1, 2006, an individual who is convicted 52.3 of violating a law related to the operation of an off-road 52.4 vehicle must successfully complete the environment and safety 52.5 education and training program established under paragraph (a) 52.6 before continuing operation of an off-road vehicle. 52.7 Subd. 2. [FEES.] For the purposes of administering the 52.8 program and to defray a portion of the expenses of training and 52.9 certifying vehicle operators, the commissioner shall collect a 52.10 fee not to exceed $15 from each person who receives the 52.11 training. The commissioner shall collect a fee for issuing a 52.12 duplicate off-road vehicle safety certificate. The commissioner 52.13 shall establish the fee for a duplicate off-road vehicle safety 52.14 certificate that neither significantly overrecovers nor 52.15 underrecovers costs, including overhead costs, involved in 52.16 providing the service. The fees must be deposited in the state 52.17 treasury and credited to the off-road vehicle account. 52.18 Subd. 3. [COOPERATION AND CONSULTATION.] The commissioner 52.19 shall cooperate with private organizations and associations, 52.20 private and public corporations, and local governmental units in 52.21 furtherance of the program established under this section. The 52.22 commissioner shall consult with the commissioner of public 52.23 safety in regard to training program subject matter and 52.24 performance testing that leads to the certification of off-road 52.25 vehicle operators. 52.26 Subd. 4. [RECIPROCITY WITH OTHER STATES.] The commissioner 52.27 may enter into reciprocity agreements or otherwise certify 52.28 off-road vehicle environment and safety education and training 52.29 courses from other states that are substantially similar to 52.30 in-state courses. Proof of completion of a course subject to a 52.31 reciprocity agreement or certified as substantially similar is 52.32 adequate to meet the safety certificate requirements of this 52.33 section. 52.34 Sec. 31. Minnesota Statutes 2004, section 84.804, 52.35 subdivision 3, is amended to read: 52.36 Subd. 3. [OPERATION GENERALLY.] A person may not drive or 53.1 operate a vehicle off-road: 53.2 (1) at a rate of speed greater than is reasonable under the 53.3 surrounding circumstances; 53.4 (2) in a careless, reckless, or negligent manner which may 53.5 endanger or cause injury or damage to the person or property of 53.6 another; 53.7 (3) without a functioning stoplight if so equipped; 53.8 (4) in a tree nursery or planting in a manner that damages 53.9 or destroys growing stock; 53.10 (5) without a brake operational by either hand or foot;or53.11 (6) in a manner that violates rules adopted by the 53.12 commissioner; or 53.13 (7) on unfrozen public water, if the vehicle is equipped 53.14 with a snorkel device that has a raised air intake six inches or 53.15 more above the vehicle manufacturer's original air intake. 53.16 Sec. 32. Minnesota Statutes 2004, section 84.82, 53.17 subdivision 2, is amended to read: 53.18 Subd. 2. [APPLICATION, ISSUANCE, REPORTS, ADDITIONAL FEE.] 53.19 (a) Application for registration or reregistration shall be made 53.20 to the commissioner or an authorized deputy registrar of motor 53.21 vehicles in a format prescribed by the commissioner and shall 53.22 state the legal name and address of every owner of the 53.23 snowmobile. 53.24 (b) A person who purchases a snowmobile from a retail 53.25 dealer shall make application for registration to the dealer at 53.26 the point of sale. The dealer shall issue a dealer temporary 53.27 ten-day registration permit to each purchaser who applies to the 53.28 dealer for registration.The temporary registration is valid53.29for 60 days from the date of issue.Each retail dealer shall 53.30 submit completed registration and fees to the deputy registrar 53.31 at least once a week. No fee may be charged by a dealer to a 53.32 purchaser for providing the temporary permit. 53.33 (c) Upon receipt of the application and the appropriate fee 53.34 as hereinafter provided,such snowmobile shall be registered and53.35athe commissioner or deputy registrar shall issue to the 53.36 applicant, or provide to the dealer, an assigned registration 54.1 numberassigned which shallor a commissioner or deputy 54.2 registrar temporary ten-day permit. Once issued, the 54.3 registration number must be affixed to the snowmobile in a 54.4 clearly visible and permanent manner for enforcement purposes as 54.5 the commissioner of natural resources shall prescribe. A dealer 54.6 subject to paragraph (b) shall provide the registration 54.7 materials or temporary permit to the purchaser within the 54.8 temporary ten-day permit period. The registration is not valid 54.9 unless signed by at least one owner. 54.10(c)(d) Each deputy registrar of motor vehicles acting 54.11 pursuant to section 168.33, shall also be a deputy registrar of 54.12 snowmobiles. The commissioner of natural resources in agreement 54.13 with the commissioner of public safety may prescribe the 54.14 accounting and procedural requirements necessary to assure 54.15 efficient handling of registrations and registration fees. 54.16 Deputy registrars shall strictly comply with these accounting 54.17 and procedural requirements. 54.18(d)(e) A fee of $2 in addition to that otherwise 54.19 prescribed by law shall be charged for: 54.20 (1) each snowmobile registered by the registrar or a deputy 54.21 registrar and the additional fee shall be disposed of in the 54.22 manner provided in section 168.33, subdivision 2; or 54.23 (2) each snowmobile registered by the commissioner and the 54.24 additional fee shall be deposited in the state treasury and 54.25 credited to the snowmobile trails and enforcement account in the 54.26 natural resources fund. 54.27 Sec. 33. Minnesota Statutes 2004, section 84.82, is 54.28 amended by adding a subdivision to read: 54.29 Subd. 11. [REFUNDS.] The commissioner may issue a refund 54.30 on a registration, not including any issuing fees paid under 54.31 subdivision 2, paragraph (e), or section 84.027, subdivision 15, 54.32 paragraph (a), clause (3), if the refund request is received 54.33 within 12 months of the original registration and: 54.34 (1) the snowmobile was registered incorrectly by the 54.35 commissioner or the deputy registrar; or 54.36 (2) the snowmobile was registered twice, once by the dealer 55.1 and once by the customer. 55.2 Sec. 34. Minnesota Statutes 2004, section 84.8205, 55.3 subdivision 1, is amended to read: 55.4 Subdivision 1. [STICKER REQUIRED; FEE.] A person may not 55.5 operate a snowmobilethat is not registered in this stateon a 55.6 state or grant-in-aid snowmobile trail unless a snowmobile state 55.7 trail sticker is affixed to the snowmobile. The commissioner of 55.8 natural resources shall issue a sticker upon application and 55.9 payment of a $15 fee. The sticker is valid from November 1 55.10 through April 30. Fees collected under this section, except for 55.11 the issuing fee for licensing agents under this section and for 55.12 the electronic licensing system commission established by the 55.13 commissioner under section 84.027, subdivision 15, shall be 55.14 deposited in the state treasury and credited to the snowmobile 55.15 trails and enforcement account in the natural resources fund and 55.16 must be used for grants-in-aid and easement acquisition. 55.17 Sec. 35. Minnesota Statutes 2004, section 84.8205, 55.18 subdivision 3, is amended to read: 55.19 Subd. 3. [LICENSE AGENTS.]County auditors are appointed55.20agents of the commissioner for the sale of snowmobile state55.21trail stickers.The commissioner may appointother state55.22agencies asagentsfor the sale of theto issue and sell state 55.23 trail stickers.A county auditor may appoint subagents within55.24the county or within adjacent counties to sell stickers. Upon55.25appointment of a subagent, the auditor shall notify the55.26commissioner of the name and address of the subagent. The55.27auditor may revoke the appointment of a subagent, andThe 55.28 commissioner may revoke the appointment ofa state agencyan 55.29 agent at any time.The commissioner may require an auditor to55.30revoke a subagent's appointment. The auditor shall furnish55.31stickers on consignment to any subagent who furnishes a surety55.32bond in favor of the county in an amount at least equal to the55.33value of the stickers to be consigned to that subagent. A55.34surety bond is not required for a state agency appointed by the55.35commissioner. The county auditor shall be responsible for all55.36stickers issued to and user fees received by agents except in a56.1county where the county auditor does not retain fees paid for56.2license purposes. In these counties, the responsibilities56.3imposed by this section upon the county auditor are imposed upon56.4the county.The commissioner maypromulgateadopt additional 56.5 rulesgoverning the accounting and procedures for handling state56.6trail stickersas provided in section 97A.485, subdivision 11. 56.7Any resident desiring to sell snowmobile state trail56.8stickers may either purchase for cash or obtain on consignment56.9stickers from a county auditor in groups of not less than ten56.10individual stickers. In selling stickers, the resident shall be56.11deemed a subagent of the county auditor and the commissioner,56.12andAn agent shall observe all rulespromulgatedadopted by the 56.13 commissioner for accounting and handling oflicenses and56.14 stickers pursuant to section 97A.485, subdivision 11. 56.15The county auditorAn agent shall promptly deposit and 56.16 remit all money received from the sale of the stickerswith the56.17county treasurer and shall promptly transmit any reports56.18required by the commissioner, plus 96 percent of the price paid56.19by each stickerholder, exclusive of the issuing fee,for each56.20sticker sold or consigned by the auditor and subsequently sold56.21to a stickerholder during the accounting period. The county56.22auditor shall retain as a commission four percent of all sticker56.23fees, excluding the issuing fee for stickers consigned to56.24subagents and the issuing fee on stickers sold by the auditor to56.25stickerholdersto the commissioner. 56.26Unsold stickers in the hands of any subagent shall be56.27redeemed by the commissioner if presented for redemption within56.28the time prescribed by the commissioner. Any stickers not56.29presented for redemption within the period prescribed shall be56.30conclusively presumed to have been sold, and the subagent56.31possessing the same or to whom they are charged shall be56.32accountable.56.33 [EFFECTIVE DATE.] This section is effective July 6, 2005. 56.34 Sec. 36. Minnesota Statutes 2004, section 84.8205, 56.35 subdivision 4, is amended to read: 56.36 Subd. 4. [DISTRIBUTIONISSUANCE OF STICKERS.] The 57.1 commissioner and agents shallprovideissue and sell snowmobile 57.2 state trail stickersto all agents authorized to issue stickers57.3by the commissioner. 57.4 [EFFECTIVE DATE.] This section is effective July 6, 2005. 57.5 Sec. 37. Minnesota Statutes 2004, section 84.8205, 57.6 subdivision 6, is amended to read: 57.7 Subd. 6. [DUPLICATE STATE TRAIL STICKERS.] The 57.8 commissioner and agents shall issue a duplicate sticker to 57.9 persons whose sticker is lost or destroyed using the process 57.10 established under section 97A.405, subdivision 3, and rules 57.11 promulgated thereunder. The fee for a duplicate state trail 57.12 sticker is $2, with an issuing fee of 50 cents. 57.13 [EFFECTIVE DATE.] This section is effective July 6, 2005. 57.14 Sec. 38. Minnesota Statutes 2004, section 84.83, 57.15 subdivision 3, is amended to read: 57.16 Subd. 3. [PURPOSES FOR THE ACCOUNT.] The money deposited 57.17 in the account and interest earned on that money may be expended 57.18 only as appropriated by law for the following purposes: 57.19 (1) for a grant-in-aid program to counties and 57.20 municipalities for construction and maintenance of snowmobile 57.21 trails, including maintenance of trails on lands and waters of 57.22 Voyageurs National Park, on Lake of the Woods, on Rainy Lake, 57.23 and on the following lakes in St. Louis County: Burntside, 57.24 Crane, Echo, Little Long, Mud, Pelican, Shagawa, and Vermilion; 57.25 (2) for acquisition, development, and maintenance of state 57.26 recreational snowmobile trails; 57.27 (3) for snowmobile safety programs; and 57.28 (4) for the administration and enforcement of sections 57.29 84.81 to 84.91 and appropriated grants to local law enforcement 57.30 agencies. 57.31 [EFFECTIVE DATE.] This section is effective July 1, 2005. 57.32 Sec. 39. Minnesota Statutes 2004, section 84.83, is 57.33 amended by adding a subdivision to read: 57.34 Subd. 6. [EASEMENT ACQUISITION; APPROPRIATION.] (a) The 57.35 position of trails acquisition coordinator is created in the 57.36 classified service under the commissioner of natural resources. 58.1 The coordinator is responsible for acquiring easements for 58.2 permanent recreational snowmobile trails. 58.3 (b) $500,000 is annually appropriated from the snowmobile 58.4 trails and enforcement account to the commissioner to acquire 58.5 easements, and the administrative costs for acquiring easements, 58.6 for permanent recreational snowmobile trails. 58.7 Sec. 40. Minnesota Statutes 2004, section 84.86, 58.8 subdivision 1, is amended to read: 58.9 Subdivision 1. [REQUIRED RULES.] With a view of achieving 58.10 maximum use of snowmobiles consistent with protection of the 58.11 environment the commissioner of natural resources shall adopt 58.12 rules in the manner provided by chapter 14, for the following 58.13 purposes: 58.14 (1) Registration of snowmobiles and display of registration 58.15 numbers. 58.16 (2) Use of snowmobiles insofar as game and fish resources 58.17 are affected. 58.18 (3) Use of snowmobiles on public lands and waters, or on 58.19 grant-in-aid trails. 58.20 (4) Uniform signs to be used by the state, counties, and 58.21 cities, which are necessary or desirable to control, direct, or 58.22 regulate the operation and use of snowmobiles. 58.23 (5) Specifications relating to snowmobile mufflers. 58.24 (6) A comprehensive snowmobile information and safety 58.25 education and training program, including but not limited to the 58.26 preparation and dissemination of snowmobile information and 58.27 safety advice to the public, the training of snowmobile 58.28 operators, and the issuance of snowmobile safety certificates to 58.29 snowmobile operators who successfully complete the snowmobile 58.30 safety education and training course. For the purpose of 58.31 administering such program and to defray expenses of training 58.32 and certifying snowmobile operators, the commissioner shall 58.33 collect a fee from each person who receives the youth or adult 58.34 training. The commissioner shall collect a fee, to include a $1 58.35 issuing fee for licensing agents, for issuing a duplicate 58.36 snowmobile safety certificate. The commissioner shall establish 59.1 both fees in a manner that neither significantly overrecovers 59.2 nor underrecovers costs, including overhead costs, involved in 59.3 providing the services. The fees are not subject to the 59.4 rulemaking provisions of chapter 14 and section 14.386 does not 59.5 apply. The fees may be established by the commissioner 59.6 notwithstanding section 16A.1283. The feesmust, except for the 59.7 issuing fee for licensing agents under this subdivision, shall 59.8 be deposited in the snowmobile trails and enforcement account in 59.9 the natural resources fund and the amount thereof, except for 59.10 the electronic licensing system commission established by the 59.11 commissioner under section 84.027, subdivision 15, and issuing 59.12 fees collected by the commissioner, is appropriated annually to 59.13 the Enforcement Division of the Department of Natural Resources 59.14 for the administration of such programs. In addition to the fee 59.15 established by the commissioner, instructors may charge each 59.16 person up to the established fee amount for class materials and 59.17 expenses. The commissioner shall cooperate with private 59.18 organizations and associations, private and public corporations, 59.19 and local governmental units in furtherance of the program 59.20 established under this clause. School districts may cooperate 59.21 with the commissioner and volunteer instructors to provide space 59.22 for the classroom portion of the training. The commissioner 59.23 shall consult with the commissioner of public safety in regard 59.24 to training program subject matter and performance testing that 59.25 leads to the certification of snowmobile operators. 59.26 (7) The operator of any snowmobile involved in an accident 59.27 resulting in injury requiring medical attention or 59.28 hospitalization to or death of any person or total damage to an 59.29 extent of $500 or more, shall forward a written report of the 59.30 accident to the commissioner on such form as the commissioner 59.31 shall prescribe. If the operator is killed or is unable to file 59.32 a report due to incapacitation, any peace officer investigating 59.33 the accident shall file the accident report within ten business 59.34 days. 59.35 [EFFECTIVE DATE.] This section is effective July 6, 2005. 59.36 Sec. 41. Minnesota Statutes 2004, section 84.91, 60.1 subdivision 1, is amended to read: 60.2 Subdivision 1. [ACTS PROHIBITED.] (a) No owner or other 60.3 person having charge or control of any snowmobile or all-terrain 60.4 vehicle shall authorize or permit any individual the person 60.5 knows or has reason to believe is under the influence of alcohol 60.6 or a controlled substance or other substance to operate the 60.7 snowmobile or all-terrain vehicle anywhere in this state or on 60.8 the ice of any boundary water of this state. 60.9 (b) No owner or other person having charge or control of 60.10 any snowmobile or all-terrain vehicle shall knowingly authorize 60.11 or permit any person, who by reason of any physical or mental 60.12 disability is incapable of operating the vehicle, to operate the 60.13 snowmobile or all-terrain vehicle anywhere in this state or on 60.14 the ice of any boundary water of this state. 60.15 (c) A person who operates or is in physical control of a 60.16 snowmobile or all-terrain vehicle anywhere in this state or on 60.17 the ice of any boundary water of this state is subject to 60.18 chapter 169A. In addition to the applicable sanctions under 60.19 chapter 169A, a person who is convicted of violating section 60.20 169A.20 or an ordinance in conformity with it while operating a 60.21 snowmobile or all-terrain vehicle, or who refuses to comply with 60.22 a lawful request to submit to testing under sections 169A.50 to 60.23 169A.53 or an ordinance in conformity with it, shall be 60.24 prohibited from operating the snowmobile or all-terrain vehicle 60.25 for a period of one year. The commissioner shall notify the 60.26 person of the time period during which the person is prohibited 60.27 from operating a snowmobile or all-terrain vehicle. 60.28 (d) Administrative and judicial review of the operating 60.29 privileges prohibition is governed by section 97B.066, 60.30 subdivisions 7 to 9, if the person does not have a prior 60.31 impaired driving conviction or prior license revocation, as 60.32 defined in section 169A.03. Otherwise, administrative and 60.33 judicial review of the prohibition is governed by section 60.34 169A.53. 60.35 (e) The court shall promptly forward to the commissioner 60.36 and the Department of Public Safety copies of all convictions 61.1 and criminal and civil sanctions imposed under this section and 61.2chapterchapters 169 and 169A relating to snowmobiles and 61.3 all-terrain vehicles. 61.4 (f) A person who violates paragraph (a) or (b), or an 61.5 ordinance in conformity with either of them, is guilty of a 61.6 misdemeanor. A person who operates a snowmobile or all-terrain 61.7 vehicle during the time period the person is prohibited from 61.8 operating a vehicle under paragraph (c) is guilty of a 61.9 misdemeanor. 61.10 Sec. 42. Minnesota Statutes 2004, section 84.922, 61.11 subdivision 2, is amended to read: 61.12 Subd. 2. [APPLICATION, ISSUANCE, REPORTS.] (a) Application 61.13 for registration or continued registration shall be made to the 61.14 commissionerof natural resources, the commissioner of public61.15safetyor an authorized deputy registrar of motor vehicles in a 61.16 form prescribed by the commissioner. The form must state the 61.17 name and address of every owner of the vehicle. 61.18 (b) A person who purchases an all-terrain vehicle from a 61.19 retail dealer shall make application for registration to the 61.20 dealer at the point of sale. The dealer shall issue a dealer 61.21 temporary ten-day registration permit to each purchaser who 61.22 applies to the dealer for registration. The dealer shall submit 61.23 the completed registration application and fees to the deputy 61.24 registrar at least once each week. No fee may be charged by a 61.25 dealer to a purchaser for providing the temporary permit. 61.26 (c) Upon receipt of the application and the appropriate 61.27 fee, the commissioner or deputy registrar shall issue to the 61.28 applicant, or provide to the dealer,a 60-day temporary receipt61.29and shall assign aan assigned registration numberthator a 61.30 commissioner or deputy registrar temporary ten-day permit. Once 61.31 issued, the registration number must be affixed to the vehicle 61.32 in a manner prescribed by the commissioner. A dealer subject to 61.33 paragraph (b) shall provide the registration materialsandor 61.34 temporaryreceiptpermit to the purchaser within the ten-day 61.35 temporary permit period. The commissioner shall use the 61.36 snowmobile registration system to register vehicles under this 62.1 section. 62.2 (d) Each deputy registrar of motor vehicles acting under 62.3 section 168.33, is also a deputy registrar of all-terrain 62.4 vehicles. The commissioner of natural resources in agreement 62.5 with the commissioner of public safety may prescribe the 62.6 accounting and procedural requirements necessary to assure 62.7 efficient handling of registrations and registration fees. 62.8 Deputy registrars shall strictly comply with the accounting and 62.9 procedural requirements. 62.10 (e) In addition to other fees prescribed by law, a filing 62.11 fee of $4.50 is charged for each all-terrain vehicle 62.12 registration renewal, duplicate or replacement registration 62.13 card, and replacement decal and a filing fee of $7 is charged 62.14 for each all-terrain vehicle registration and registration 62.15 transfer issued by: 62.16 (1) a deputy registrar and shall be deposited in the 62.17 treasury of the jurisdiction where the deputy is appointed, or 62.18 retained if the deputy is not a public official; or 62.19 (2) the commissioner and shall be deposited to the state 62.20 treasury and credited to the all-terrain vehicle account in the 62.21 natural resources fund. 62.22 Sec. 43. Minnesota Statutes 2004, section 84.922, is 62.23 amended by adding a subdivision to read: 62.24 Subd. 12. [REFUNDS.] The commissioner may issue a refund 62.25 on a registration, not including any issuing fees paid under 62.26 subdivision 2, paragraph (e), or section 84.027, subdivision 15, 62.27 paragraph (a), clause (3), if the refund request is received 62.28 within 12 months of the original registration and: 62.29 (1) the vehicle was registered incorrectly by the 62.30 commissioner or the deputy registrar; or 62.31 (2) the vehicle was registered twice, once by the dealer 62.32 and once by the customer. 62.33 Sec. 44. Minnesota Statutes 2004, section 84.925, 62.34 subdivision 1, is amended to read: 62.35 Subdivision 1. [PROGRAM ESTABLISHED.] (a) The commissioner 62.36 shall establish a comprehensive all-terrain vehicle 63.1 environmental and safety education and training program, 63.2 including the preparation and dissemination of vehicle 63.3 information and safety advice to the public, the training of 63.4 all-terrain vehicle operators, and the issuance of all-terrain 63.5 vehicle safety certificates to vehicle operators over the age of 63.6 12 years who successfully complete the all-terrain vehicle 63.7 environmental and safety education and training course. 63.8 (b) For the purpose of administering the program and to 63.9 defray a portion of the expenses of training and certifying 63.10 vehicle operators, the commissioner shall collect a fee of $15 63.11 from each person who receives the training. The commissioner 63.12 shall collect a fee, to include a $1 issuing fee for licensing 63.13 agents, for issuing a duplicate all-terrain vehicle safety 63.14 certificate. The commissioner shall establish the fee for a 63.15 duplicate all-terrain vehicle safety certificate that neither 63.16 significantly overrecovers nor underrecovers costs, including 63.17 overhead costs, involved in providing the service. Fee 63.18 proceeds, except for the issuing fee for licensing agents under 63.19 this subdivision, shall be deposited in the all-terrain vehicle 63.20 account in the natural resources fund. In addition to the fee 63.21 established by the commissioner, instructors may charge each 63.22 person the cost of class material and expenses. 63.23 (c) The commissioner shall cooperate with private 63.24 organizations and associations, private and public corporations, 63.25 and local governmental units in furtherance of the program 63.26 established under this section. School districts may cooperate 63.27 with the commissioner and volunteer instructors to provide space 63.28 for the classroom portion of the training. The commissioner 63.29 shall consult with the commissioner of public safety in regard 63.30 to training program subject matter and performance testing that 63.31 leads to the certification of vehicle operators. By June 30, 63.32 2003, the commissioner shall incorporate a riding component in 63.33 the safety education and training program. 63.34 [EFFECTIVE DATE.] This section, except for the the last 63.35 sentence in paragraph (b), is effective July 6, 2005. 63.36 Sec. 45. Minnesota Statutes 2004, section 84.925, is 64.1 amended by adding a subdivision to read: 64.2 Subd. 5. [TRAINING REQUIREMENTS.] (a) An individual who 64.3 was born after July 1, 1987, and who is 16 years of age or 64.4 older, must successfully complete the independent study course 64.5 component of all-terrain vehicle safety training. 64.6 (b) An individual who is convicted of violating a law 64.7 related to the operation of an all-terrain vehicle must 64.8 successfully complete the independent study course component of 64.9 all-terrain vehicle safety training before continuing operation 64.10 of an all-terrain vehicle. 64.11 (c) An individual who is convicted for a second or 64.12 subsequent excess speed, trespass, or wetland violation in an 64.13 all-terrain vehicle season, or any conviction for careless or 64.14 reckless operation of an all-terrain vehicle, must successfully 64.15 complete the independent study and the testing and operating 64.16 course components of all-terrain vehicle safety training before 64.17 continuing operation of an all-terrain vehicle. 64.18 (d) An individual who receives three or more citations and 64.19 convictions for violating a law related to the operation of an 64.20 all-terrain vehicle in a two-year period must successfully 64.21 complete the independent study and the testing and operating 64.22 course components of all-terrain vehicle safety training before 64.23 continuing operation of an all-terrain vehicle. 64.24 (e) An individual must present evidence of compliance with 64.25 this subdivision before an all-terrain vehicle registration is 64.26 issued or renewed. 64.27 [EFFECTIVE DATE.] This section is effective January 1, 2006. 64.28 Sec. 46. Minnesota Statutes 2004, section 84.9256, 64.29 subdivision 1, is amended to read: 64.30 Subdivision 1. [PROHIBITIONS ON YOUTHFUL OPERATORS.] (a) 64.31 Except for operation on public road rights-of-way that is 64.32 permitted under section 84.928, a driver's license issued by the 64.33 state or another state is required to operate an all-terrain 64.34 vehicle along or on a public road right-of-way. 64.35 (b) A person under 12 years of age shall not: 64.36 (1) make a direct crossing of a public road right-of-way; 65.1 (2) operate an all-terrain vehicle on a public road 65.2 right-of-way in the state; or 65.3 (3) operate an all-terrain vehicle on public lands or 65.4 waters, except as provided in paragraph (e). 65.5 (c) Except for public road rights-of-way of interstate 65.6 highways, a person 12 years of age but less than 16 years may 65.7 make a direct crossing of a public road right-of-way of a trunk, 65.8 county state-aid, or county highway or operate on public lands 65.9 and waters, only if that person possesses a valid all-terrain 65.10 vehicle safety certificate issued by the commissioner and is 65.11 accompanied on another all-terrain vehicle by a person 18 years 65.12 of age or older who holds a valid driver's license. 65.13 (d) To be issued an all-terrain vehicle safetycertificates65.14issued by the commissioner to personscertificate, a person at 65.15 least 12 years old, but less than 16 years old,are not valid65.16for machines in excess of 90cc engine capacity unlessmust: 65.17 (1)the personsuccessfullycompletedcomplete the safety 65.18 education and training program under section 84.925, subdivision 65.19 1, including a riding component; and 65.20 (2)the riding component of the training was conducted65.21using an all-terrain vehicle with over 90cc engine capacity; and65.22(3) the person isbe able to properly reach and control the 65.23 handle bars and reach the foot pegs while sitting upright on the 65.24 seat of the all-terrain vehicle. 65.25 (e) A person at least ten years of age but under 12 years 65.26 of age may operate an all-terrain vehicle with an engine 65.27 capacity up to 90cc on public lands or waters if accompanied by 65.28 a parent or legal guardian. 65.29 Sec. 47. Minnesota Statutes 2004, section 84.9257, is 65.30 amended to read: 65.31 84.9257 [PASSENGERS.] 65.32 (a) A parent or guardian may operate an all-terrain vehicle 65.33 carrying one passenger who is under 16 years of age and who 65.34 wears a safety helmet approved by the commissioner of public 65.35 safety. 65.36 (b) For the purpose of this section, "guardian" means a 66.1 legal guardian of a person under age 16, or a person 18 or older 66.2 who has been authorized by the parent or legal guardian to 66.3 supervise the person under age 16. 66.4 (c) A person 18 years of age or older may operate an 66.5 all-terrain vehicle carrying one passenger who is 16 or 17 years 66.6 of age and wears a safety helmet approved by the commissioner of 66.7 public safety. 66.8 (d) A person 18 years of age or older may operate an 66.9 all-terrain vehicle carrying one passenger who is 18 years of 66.10 age or older. 66.11 Sec. 48. Minnesota Statutes 2004, section 84.926, is 66.12 amended to read: 66.13 84.926 [VEHICLE USEALLOWEDON PUBLIC LANDSBY THE66.14COMMISSIONER; EXCEPTIONS.] 66.15 Subdivision 1. [EXCEPTION BY PERMIT.] 66.16 Notwithstandingsectionsections 84.773, subdivision 1, and 66.17 84.777, on a case by case basis, the commissioner may issue a 66.18 permit authorizing a person to operate an off-highway vehicle on 66.19 individual public trails under the commissioner's jurisdiction 66.20 during specified times and for specified purposes. 66.21 Subd. 2. [ALL-TERRAIN VEHICLES; MANAGED OR LIMITED 66.22 FORESTS; OFF TRAIL.] Notwithstanding section 84.777, but subject 66.23 to the commissioner's authority under subdivision 5, on state 66.24 forest lands classified as managed or limited, other than the 66.25 Richard J. Dorer Memorial Hardwood Forest, a person may use an 66.26 all-terrain vehicle off forest trails or forest roads when: 66.27 (1) hunting big game or transporting or installing hunting 66.28 stands during October, November, and December, when in 66.29 possession of a valid big game hunting license; 66.30 (2) retrieving big game in September, when in possession of 66.31 a valid big game hunting license; 66.32 (3) tending traps during an open trapping season for 66.33 protected furbearers, when in possession of a valid trapping 66.34 license; or 66.35 (4) trapping minnows, when in possession of a valid minnow 66.36 dealer, private fish hatchery, or aquatic farm license. 67.1 Subd. 3. [ALL-TERRAIN VEHICLES; CLOSED FORESTS; 67.2 HUNTING.] Notwithstanding section 84.777, the commissioner may 67.3 determine whether all-terrain vehicles are allowed on specific 67.4 forest roads, on state forest lands classified as closed, for 67.5 the purpose of hunting big game during an open big game season. 67.6 The determination shall be by written order as published in the 67.7 State Register and is exempt from chapter 14. Section 14.386 67.8 does not apply. 67.9 Subd. 4. [OFF-ROAD AND ALL-TERRAIN VEHICLES; LIMITED OR 67.10 MANAGED FORESTS; TRAILS.] Notwithstanding section 84.777, but 67.11 subject to the commissioner's authority under subdivision 5, on 67.12 state forest lands classified as limited or managed, other than 67.13 the Richard J. Dorer Memorial Hardwood Forest, a person may use 67.14 vehicles registered under chapter 168 or section 84.798 or 67.15 84.922 on forest trails that are not designated for a specific 67.16 use when: 67.17 (1) hunting big game or transporting or installing hunting 67.18 stands during October, November, and December, when in 67.19 possession of a valid big game hunting license; 67.20 (2) retrieving big game in September, when in possession of 67.21 a valid big game hunting license; 67.22 (3) tending traps during an open trapping season for 67.23 protected furbearers, when in possession of a valid trapping 67.24 license; or 67.25 (4) trapping minnows, when in possession of a valid minnow 67.26 dealer, private fish hatchery, or aquatic farm license. 67.27 Subd. 5. [LIMITATIONS ON OFF-TRAIL AND UNDESIGNATED TRAIL 67.28 USE.] The commissioner may designate areas on state forest lands 67.29 that are not subject to the exceptions provided in subdivisions 67.30 2 and 4. Such designations are not subject to the rulemaking 67.31 provisions of chapter 14 and section 14.386 does not apply. 67.32 Before designating such areas, the commissioner shall hold a 67.33 public meeting in the county where the largest portion of the 67.34 forest lands are located to provide information to and receive 67.35 comment from the public regarding the proposed designation. 67.36 Sixty days before the public meeting, notice of the proposed 68.1 designation shall be published in the legal newspapers that 68.2 serve the counties in which the lands are located, in a 68.3 statewide Department of Natural Resources news release, and in 68.4 the State Register. 68.5 Sec. 49. Minnesota Statutes 2004, section 84.928, 68.6 subdivision 2, is amended to read: 68.7 Subd. 2. [OPERATION GENERALLY.] A person may not drive or 68.8 operate an all-terrain vehicle: 68.9 (1) at a rate of speed greater than reasonable or proper 68.10 under the surrounding circumstances; 68.11 (2) in a careless, reckless, or negligent manner so as to 68.12 endanger or to cause injury or damage to the person or property 68.13 of another; 68.14 (3) without headlight and taillight lighted at all times if 68.15 the vehicle is equipped with headlight and taillight; 68.16 (4) without a functioning stoplight if so equipped; 68.17 (5) in a tree nursery or planting in a manner that damages 68.18 or destroys growing stock; 68.19 (6) without a brake operational by either hand or foot; 68.20 (7) with morepersonsthan one person on the vehiclethan68.21it was designed for, except as allowed under section 84.9257; 68.22 (8) at a speed exceeding ten miles per hour on the frozen 68.23 surface of public waters within 100 feet of a person not on an 68.24 all-terrain vehicle or within 100 feet of a fishing shelter;or68.25 (9) with a snorkel device that has a raised air intake six 68.26 inches or more above the vehicle manufacturer's original air 68.27 intake, except within the Iron Range Off-Highway Vehicle 68.28 Recreation Area as described in section 85.013, subdivision 12a, 68.29 or other public off-highway vehicle recreation areas; or 68.30(9)(10) in a manner that violates operation rules adopted 68.31 by the commissioner. 68.32 Sec. 50. Minnesota Statutes 2004, section 84D.03, 68.33 subdivision 4, is amended to read: 68.34 Subd. 4. [COMMERCIAL FISHING AND TURTLE, FROG, AND 68.35 CRAYFISH HARVESTING RESTRICTIONS IN INFESTED AND NONINFESTED 68.36 WATERS.] (a) All nets, traps, buoys, anchors, stakes, and lines 69.1 used for commercial fishing or turtle, frog, or crayfish 69.2 harvesting in an infestedwaters,water that is designated 69.3 becausethe waters containit contains invasive fish or 69.4 invertebrates, may not be used innoninfestedany other waters. 69.5 If a commercial licensee operates in bothnoninfested waters and69.6 an infestedwaterswater designated becausethe waters contain69.7 it contains invasive fish or invertebrates and other waters, all 69.8 nets, traps, buoys, anchors, stakes, and lines used for 69.9 commercial fishing or turtle, frog, or crayfish harvesting in 69.10noninfestedwaters not designated as infested with invasive fish 69.11 or invertebrates must be tagged with tags provided by the 69.12 commissioner, as specified in the commercial licensee's license 69.13 or permit, and may not be used in infested waters designated 69.14 because the waters contain invasive fish or invertebrates. 69.15 (b)In infested waters designated solely because the waters69.16contain Eurasian water milfoil,All nets, traps, buoys, anchors, 69.17 stakes, and lines used for commercial fishing or turtle, frog, 69.18 or crayfish harvesting in an infested water that is designated 69.19 solely because it contains Eurasian water milfoil must be dried 69.20 for a minimum of ten days or frozen for a minimum of two days 69.21 before they are used innoninfestedany other waters, except as 69.22 provided in this paragraph. Commercialoperatorslicensees must 69.23 notify the department's regional or area fisheries office or a 69.24 conservation officerwhenbefore removing nets or equipment from 69.25 an infestedwaterswater designated solely because it contains 69.26 Eurasian water milfoil and before resetting those nets or 69.27 equipment innoninfestedany other waters.All aquatic69.28macrophytesUpon such notification, the commissioner may 69.29 authorize a commercial licensee to move nets or equipment to 69.30 another water without freezing or drying, if that water is 69.31 designated as infested solely because it contains Eurasian water 69.32 milfoil. 69.33 (c) A commercial licensee mustbe removedremove all 69.34 aquatic macrophytes from nets and other equipment when the nets 69.35 and equipment are removed frominfestedwaters of the state. 69.36 (d) The commissioner shall provide a commercial licensee 70.1 with a current listing of designated infested waters at the time 70.2 that a license or permit is issued. 70.3 Sec. 51. Minnesota Statutes 2004, section 85.053, 70.4 subdivision 1, is amended to read: 70.5 Subdivision 1. [FORM, ISSUANCE, VALIDITY.] (a) The 70.6 commissioner shall prepare and provide state park permits for 70.7 each calendar year that state a motor vehicle may enter and use 70.8 state parks, state recreation areas, and state waysides over 50 70.9 acres in area. State park permits must be available and placed 70.10 on sale by January 1 of the calendar year that the permit is 70.11 valid. A separate motorcycle permit may be prepared and 70.12 provided by the commissioner. 70.13 (b) An annual state park permitmust be affixed when70.14purchased andmay be used from the time it isaffixedpurchased 70.15 for a 12-month period. State park permits in each category must 70.16 be numbered consecutively for each year of issue. 70.17 (c) State park permits shall be issued by employees of the 70.18 Division of Parks and Recreation as designated by the 70.19 commissioner. State park permits also may be consigned to and 70.20 issued by agents designated by the commissioner who are not 70.21 employees of the Division of Parks and Recreation. All proceeds 70.22 from the sale of permits and all unsold permits consigned to 70.23 agents shall be returned to the commissioner at such times as 70.24 the commissioner may direct, but no later than the end of the 70.25 calendar year for which the permits are effective. No part of 70.26 the permit fee may be retained by an agent. An additional 70.27 charge or fee in an amount to be determined by the commissioner, 70.28 but not to exceed four percent of the price of the permit, may 70.29 be collected and retained by an agent for handling or selling 70.30 the permits. 70.31 Sec. 52. Minnesota Statutes 2004, section 85.053, 70.32 subdivision 2, is amended to read: 70.33 Subd. 2. [REQUIREMENT.] Except as provided in section 70.34 85.054, a motor vehicle may not enter a state park, state 70.35 recreation area, or state wayside over 50 acres in area, without 70.36 a state park permit issued under this section. Except for 71.1 vehicles permitted under subdivision 7, paragraph (a), clause 71.2 (2), the state park permit must be affixed to the lower right 71.3 corner windshield of the motor vehicle and must be completely 71.4 affixed by its own adhesive to the windshield, or the 71.5 commissioner may, by written order, provide an alternative means 71.6 to display and validate annual permits. 71.7 Sec. 53. Minnesota Statutes 2004, section 85.055, is 71.8 amended by adding a subdivision to read: 71.9 Subd. 1b. [DISCOUNTS.] Except as otherwise specified in 71.10 law, and notwithstanding section 16A.1285, subdivision 2, the 71.11 commissioner may by written order authorize waiver or reduction 71.12 of state park entrance fees. 71.13 Sec. 54. Minnesota Statutes 2004, section 85.055, 71.14 subdivision 2, is amended to read: 71.15 Subd. 2. [FEE DEPOSIT AND APPROPRIATION.] The fees 71.16 collected under this section shall be deposited in the natural 71.17 resources fund and credited toathe state parks account. Money 71.18 in the account, except for the electronic licensing system 71.19 commission established by the commissioner under section 84.027, 71.20 subdivision 15, is available for appropriation to the 71.21 commissioner to operate and maintain the state park system. 71.22 [EFFECTIVE DATE.] This section is effective July 6, 2005. 71.23 Sec. 55. Minnesota Statutes 2004, section 85.42, is 71.24 amended to read: 71.25 85.42 [USER FEE; VALIDITY.] 71.26 (a) The fee for an annual cross-country ski pass is$9$14 71.27 for an individual age 16 and over. The fee for a three-year 71.28 pass is$24$39 for an individual age 16 and over. This fee 71.29 shall be collected at the time the pass is purchased. 71.30 Three-year passes are valid for three years beginning the 71.31 previous July 1. Annual passes are valid for one year beginning 71.32 the previous July 1. 71.33 (b) The cost for a daily cross-country skier pass is$2$4 71.34 for an individual age 16 and over. This fee shall be collected 71.35 at the time the pass is purchased. The daily pass is valid only 71.36 for the date designated on the pass form. 72.1 (c) A pass must be signed by the skier across the front of 72.2 the pass to be valid and becomes nontransferable on signing. 72.3 Sec. 56. Minnesota Statutes 2004, section 85.43, is 72.4 amended to read: 72.5 85.43 [DISPOSITION OF RECEIPTS; PURPOSE.] 72.6(a)Fees from cross-country ski passes shall be deposited 72.7 in the state treasury and credited to a cross-country ski 72.8 account in the natural resources fund and, exceptas provided in72.9paragraph (b)for the electronic licensing system commission 72.10 established by the commissioner under section 84.027, 72.11 subdivision 15, are appropriated to the commissioner of natural 72.12 resources for: 72.13 (1) grants-in-aid for cross-country ski trails sponsored by 72.14 local units of government and special park districts as provided 72.15 in section 85.44; and 72.16 (2) maintenance, winter grooming, and associated 72.17 administrative costs for cross-country ski trails under the 72.18 jurisdiction of the commissioner. 72.19(b) The commissioner shall retain for the operation of the72.20electronic licensing system a commission of 4.7 percent of all72.21cross-country ski pass fees collected.72.22 [EFFECTIVE DATE.] This section is effective July 6, 2005. 72.23 Sec. 57. Minnesota Statutes 2004, section 86B.415, 72.24 subdivision 1, is amended to read: 72.25 Subdivision 1. [WATERCRAFT 19 FEET OR LESS.] The fee for a 72.26 watercraft license for watercraft 19 feet or less in length 72.27 is$18$27 except: 72.28 (1) for watercraft, other than personal watercraft, 19 feet 72.29 in length or less that is offered for rent or lease, the fee is 72.30$6$12; 72.31 (2) for a canoe, kayak, sailboat, sailboard, paddle boat, 72.32 or rowing shell 19 feet in length or less, the fee is$7$14; 72.33 (3) for a watercraft 19 feet in length or less used by a 72.34 nonprofit corporation for teaching boat and water safety, the 72.35 fee is as provided in subdivision 4; 72.36 (4) for a watercraft owned by a dealer under a dealer's 73.1 license, the fee is as provided in subdivision 5; 73.2 (5) for a personal watercraft, the fee is$25$37.50; and 73.3 (6) for a watercraft less than 17 feet in length, other 73.4 than a watercraft listed in clauses (1) to (5), the fee 73.5 is$12$24. 73.6 Sec. 58. Minnesota Statutes 2004, section 86B.415, 73.7 subdivision 2, is amended to read: 73.8 Subd. 2. [WATERCRAFT OVER 19 FEET.] Except as provided in 73.9 subdivisions 3, 4, and 5, the watercraft license fee: 73.10 (1) for a watercraft more than 19 feet but less than 26 73.11 feet in length is$30$45; 73.12 (2) for a watercraft 26 feet but less than 40 feet in 73.13 length is$45$67.50; and 73.14 (3) for a watercraft 40 feet in length or longer is$60$90. 73.15 Sec. 59. Minnesota Statutes 2004, section 86B.415, 73.16 subdivision 3, is amended to read: 73.17 Subd. 3. [WATERCRAFT OVER 19 FEET FOR HIRE.] The license 73.18 fee for a watercraft more than 19 feet in length for hire with 73.19 an operator is$50$100 each. 73.20 Sec. 60. Minnesota Statutes 2004, section 86B.415, 73.21 subdivision 4, is amended to read: 73.22 Subd. 4. [WATERCRAFT USED BY NONPROFIT CORPORATION FOR 73.23 TEACHING.] The watercraft license fee for a watercraft used by a 73.24 nonprofit organization for teaching boat and water safety is 73.25$3$6 each. 73.26 Sec. 61. Minnesota Statutes 2004, section 86B.415, 73.27 subdivision 5, is amended to read: 73.28 Subd. 5. [DEALER'S LICENSE.] There is no separate fee for 73.29 watercraft owned by a dealer under a dealer's license. The fee 73.30 for a dealer's license is$45$67.50. 73.31 Sec. 62. Minnesota Statutes 2004, section 86B.415, 73.32 subdivision 6, is amended to read: 73.33 Subd. 6. [TRANSFER OR DUPLICATE LICENSE.] The fee to 73.34 transfer a watercraft license or be issued a duplicate license 73.35 is$3$6. 73.36 Sec. 63. Minnesota Statutes 2004, section 86B.415, is 74.1 amended by adding a subdivision to read: 74.2 Subd. 11. [REFUNDS.] The commissioner may issue a refund 74.3 on a license or title, not including any issuing fees paid under 74.4 subdivision 8 or section 84.027, subdivision 15, paragraph (a), 74.5 clause (3), or 86B.870, subdivision 1, paragraph (b), if the 74.6 refund request is received within 12 months of the original 74.7 license or title and: 74.8 (1) the watercraft was licensed or titled incorrectly by 74.9 the commissioner or the deputy registrar; 74.10 (2) the customer was incorrectly charged a title fee; or 74.11 (3) the watercraft was licensed or titled twice, once by 74.12 the dealer and once by the customer. 74.13 Sec. 64. [86B.706] [WATER RECREATION ACCOUNT; RECEIPTS AND 74.14 PURPOSE.] 74.15 Subdivision 1. [CREATION.] The water recreation account is 74.16 created in the state treasury in the natural resources fund. 74.17 Subd. 2. [MONEY DEPOSITED IN ACCOUNT.] The following shall 74.18 be deposited in the state treasury and credited to the water 74.19 recreation account: 74.20 (1) fees and surcharges from titling and licensing of 74.21 watercraft under this chapter; 74.22 (2) fines, installment payments, and forfeited bail 74.23 according to section 86B.705, subdivision 2; 74.24 (3) civil penalties according to section 84D.13; 74.25 (4) mooring fees and receipts from the sale of marine gas 74.26 at state-operated or state-assisted small craft harbors and 74.27 mooring facilities according to section 86A.21; 74.28 (5) the unrefunded gasoline tax attributable to watercraft 74.29 use under section 296A.18; and 74.30 (6) fees for permits issued to control or harvest aquatic 74.31 plants other than wild rice under section 103G.615, subdivision 74.32 2. 74.33 Subd. 3. [PURPOSES.] The money in the account may be 74.34 expended only as appropriated by law for the following purposes: 74.35 (1) as directed under section 296A.18, subdivision 2, for 74.36 acquisition, development, maintenance, and rehabilitation of 75.1 public water access and boating facilities on public waters; 75.2 lake and river improvements; and boat and water safety; 75.3 (2) from the fees collected at state-operated or 75.4 state-assisted small craft harbors and mooring facilities from 75.5 daily and seasonal moorings and the sale of marine gas, for 75.6 maintenance, operation, replacement, and expansion of these 75.7 facilities and for the debt service on state bonds sold to 75.8 finance these facilities; 75.9 (3) for administration and enforcement of this chapter as 75.10 it pertains to titling and licensing of watercraft and use and 75.11 safe operation of watercraft; grants for county-sponsored and 75.12 administered boat and water safety programs; and state boat and 75.13 water safety efforts; 75.14 (4) for management of aquatic invasive species and the 75.15 implementation of chapter 84D as it pertains to aquatic invasive 75.16 species, including control, public awareness, law enforcement, 75.17 assessment and monitoring, management planning, and research; 75.18 and 75.19 (5) for management of aquatic plants and the implementation 75.20 of section 103G.615 as it pertains to aquatic plants, including 75.21 plant removal permitting, control, public awareness, law 75.22 enforcement, assessment and monitoring, management planning, and 75.23 research. 75.24 Sec. 65. Minnesota Statutes 2004, section 88.17, 75.25 subdivision 1, is amended to read: 75.26 Subdivision 1. [PERMIT REQUIRED.] (a) A permit to start a 75.27 fire to burn vegetative materials and other materials allowed by 75.28 Minnesota Statutes or official state rules and regulations may 75.29 be given by the commissioner or the commissioner's agent. This 75.30 permission shall be in the form of: 75.31 (1) a written permitsignedissued by a forest officer, 75.32 fire warden,authorized Minnesota pollution control agent,or 75.33 other person authorized by theforest officer, or town fire75.34warden, andcommissioner; or 75.35 (2) an electronic permit issued by the commissioner, an 75.36 agent authorized by the commissioner, or an Internet site 76.1 authorized by the commissioner. 76.2 (b) Burning permits shall set the time and conditions by 76.3 which the fire may be started and burned. The permit shall also 76.4 specifically list the materials that may be burned. The 76.5 permittee must have the permit on their person and shall produce 76.6 the permit for inspection when requested to do so by a forest 76.7 officer,town fire warden,conservation officer, or other peace 76.8 officer. The permittee shall remain with the fire at all times 76.9 and before leaving the site shall completely extinguish the 76.10 fire. A person shall not start or cause a fire to be started on 76.11 any land that is not owned or under their legal control without 76.12 the written permission of the owner, lessee, or an agent of the 76.13 owner or lessee of the land. Violating or exceeding the permit 76.14 conditions shall constitute a misdemeanor and shall be cause for 76.15 the permit to be revoked. 76.16 Sec. 66. Minnesota Statutes 2004, section 88.17, is 76.17 amended by adding a subdivision to read:: 76.18 Subd. 4. [ACCOUNT CREATED.] There is created in the state 76.19 treasury a burning permit account within the natural resources 76.20 fund where all fees collected under this section shall be 76.21 deposited. 76.22 Sec. 67. Minnesota Statutes 2004, section 88.17, is 76.23 amended by adding a subdivision to read: 76.24 Subd. 5. [PERMIT FEES.] (a) The annual fees for an 76.25 electronic burning permit are: 76.26 (1) $5 for a noncommercial burning permit; and 76.27 (2) for commercial enterprises that obtain multiple 76.28 permits, $5 per permit for each burning site, up to a maximum of 76.29 $50 per individual business enterprise per year. 76.30 (b) Except for the issuing fee under paragraph (c), and for 76.31 the electronic licensing system commission established by the 76.32 commissioner under section 84.027, subdivision 15, money 76.33 received from permits issued under this section shall be 76.34 deposited in the state treasury and credited to the burning 76.35 permit account and is annually appropriated to the commissioner 76.36 of natural resources for the costs of operating the burning 77.1 permit system. 77.2 (c) Of the fee amount collected under paragraph (a), $1 77.3 shall be retained by the permit agent as a commission for 77.4 issuing electronic permits. 77.5 Sec. 68. Minnesota Statutes 2004, section 88.6435, 77.6 subdivision 4, is amended to read: 77.7 Subd. 4. [FOREST BOUGH ACCOUNT; DISPOSITION OFPERMITFEES 77.8AND PENALTIES.] (a) The forest bough account is established in 77.9 the state treasury within the natural resources fund. 77.10 (b) Fees for permits issued under this section shall be 77.11 deposited in the state treasury and credited to thespecial77.12revenue fundforest bough account and, except for the electronic 77.13 licensing system commission established by the commissioner 77.14 under section 84.027, subdivision 15, are annually appropriated 77.15 to the commissioner of natural resources for costs associated 77.16 with balsam bough educational programs for harvesters and buyers. 77.17 [EFFECTIVE DATE.] This section is effective July 6, 2005. 77.18 Sec. 69. Minnesota Statutes 2004, section 89.039, 77.19 subdivision 1, is amended to read: 77.20 Subdivision 1. [ACCOUNT ESTABLISHED; SOURCES.] The forest 77.21 management investment account is created in the natural 77.22 resources fund in the state treasury and money in the account 77.23 may be spent only for the purposes provided in subdivision 2. 77.24 The following revenue shall be deposited in the forest 77.25 management investment account: 77.26 (1) timber sales receipts transferred from the consolidated 77.27 conservation areas account as provided in section 84A.51, 77.28 subdivision 2; 77.29 (2) timber sales receipts from forest lands as provided in 77.30 section 89.035;and77.31 (3) money transferred from the forest suspense account 77.32 according to section 16A.125, subdivision 5; and 77.33 (4) interest accruing from investment of the account. 77.34 Sec. 70. Minnesota Statutes 2004, section 89.19, 77.35 subdivision 2, is amended to read: 77.36 Subd. 2. [RULEMAKING EXEMPTION.] Designations of forest 78.1 trails and changes to the designations by the commissioner shall 78.2 be by written order published in the State Register. 78.3 Designations and changes to designations are not subject to the 78.4 rulemaking provisions of chapter 14 and section 14.386 does not 78.5 apply. Before designating or changing a designation of forest 78.6 trails, the commissioner shall hold a public meeting in the 78.7 county where the largest portion of the forest lands are located 78.8 to provide information to and receive comment from the public 78.9 regarding the proposed trail designation or change in 78.10 designation. Sixty days before the public meeting, notice of 78.11 the proposed forest trail designation or change in designation 78.12 shall be published in the legal newspapers that serve the 78.13 counties in which the lands are located, in a statewide 78.14 Department of Natural Resources news release, and in the State 78.15 Register. 78.16 Sec. 71. Minnesota Statutes 2004, section 89.37, is 78.17 amended by adding a subdivision to read: 78.18 Subd. 4a. [SURCHARGE.] For tree seedlings sold according 78.19 to this section, the commissioner may assess a 2.5 cent 78.20 surcharge on each tree seedling. All surcharges collected under 78.21 this subdivision must be deposited in the state treasury and 78.22 credited to the forest nursery account and are annually 78.23 appropriated to the commissioner for the purpose of forestry 78.24 education and technical assistance. 78.25 Sec. 72. Minnesota Statutes 2004, section 92.03, 78.26 subdivision 4, is amended to read: 78.27 Subd. 4. [INTERNAL IMPROVEMENT LANDS.] When lands donated 78.28 to the state under the eighth section of an act of Congress 78.29 entitled "An act to appropriate the proceeds of the sales of the 78.30 public lands, and to grant preemption rights," approved 78.31 September 4, 1841,must beare soldand, the money derived from 78.32 its sale must be invested, as provided by the Minnesota 78.33 Constitution, article XI, section 8. 78.34 Sec. 73. [92.685] [LAND MANAGEMENT ACCOUNT.] 78.35 The land management account is created in the natural 78.36 resources fund. Money credited to the account is appropriated 79.1 annually to the commissioner of natural resources for the Lands 79.2 and Minerals Division to administer the road easement program 79.3 under section 84.631. 79.4 Sec. 74. Minnesota Statutes 2004, section 93.22, 79.5 subdivision 1, is amended to read: 79.6 Subdivision 1. [GENERALLY.] (a) All payments under 79.7 sections 93.14 to 93.285 shall be made to the Department of 79.8 Natural Resources and shall be credited according to this 79.9 section. 79.10(a)(b) Twenty percent of all payments under sections 93.14 79.11 to 93.285 shall be credited to the minerals management account 79.12 in the natural resources fund as costs for the administration 79.13 and management of state mineral resources by the commissioner of 79.14 natural resources. 79.15 (c) The remainder of the payments shall be credited as 79.16 follows: 79.17 (1) if the lands or minerals and mineral rights covered by 79.18 a lease are held by the state by virtue of an act of Congress, 79.19 payments made under the lease shall be credited to the permanent 79.20 fund of the class of land to which the leased premises belong.; 79.21(b)(2) if a lease covers the bed of navigable waters, 79.22 payments made under the lease shall be credited to the permanent 79.23 school fund of the state.; 79.24(c)(3) if the lands or minerals and mineral rights covered 79.25 by a lease are held by the state in trust for the taxing 79.26 districts, payments made under the lease shall be distributed 79.27 annually on the first day of Septemberas follows:79.28(1) 20 percent to the general fund; and79.29(2) 80 percentto the respective counties in which the 79.30 lands lie, to be apportioned among the taxing districts 79.31 interested therein as follows: county, three-ninths; town or 79.32 city, two-ninths; and school district, four-ninths.; 79.33 (4) if the lands or mineral rights covered by a lease 79.34 became the absolute property of the state under the provisions 79.35 of chapter 84A, payments made under the lease shall be 79.36 distributed as follows: county containing the land from which 80.1 the income was derived, five-eighths; and general fund of the 80.2 state, three-eighths; and 80.3(d)(5) Except as provided under this section and except 80.4 where the disposition of payments may be otherwise directed by 80.5 law,allpayments made under a lease shall be paid into the 80.6 general fund of the state. 80.7 Sec. 75. [93.2236] [MINERALS MANAGEMENT ACCOUNT.] 80.8 (a) The minerals management account is created as an 80.9 account in the natural resources fund. Interest earned on money 80.10 in the account accrues to the account. Money in the account may 80.11 be spent or distributed only as provided in paragraphs (b) and 80.12 (c). 80.13 (b) If the balance in the minerals management account 80.14 exceeds $3,000,000 on June 30, the amount exceeding $3,000,000 80.15 must be distributed to the permanent school fund and the 80.16 permanent university fund. The amount distributed to each fund 80.17 must be in the same proportion as the total mineral lease 80.18 revenue received in the previous biennium from school trust 80.19 lands and university lands. 80.20 (c) Subject to appropriation by the legislature, money in 80.21 the minerals management account may be spent by the commissioner 80.22 of natural resources for mineral resource management and 80.23 projects to enhance future mineral income and promote new 80.24 mineral resource opportunities. 80.25 Sec. 76. Minnesota Statutes 2004, section 94.342, 80.26 subdivision 1, is amended to read: 80.27 Subdivision 1. [CLASS A.] All land owned by the state and 80.28 controlled or administered by the commissioner or by any 80.29 divisionor agencyof the Department of Natural Resources shall 80.30 be known as Class A land for the purposes of sections 94.341 to 80.31 94.347. Class A land shall include school, swamp, internal 80.32 improvement, and other land granted to the state by acts of 80.33 Congress, state forest land, tax-forfeited land held by the 80.34 state free from any trust in favor of taxing districts, and 80.35 other land acquired by the state in any manner and controlled or 80.36 administered as aforesaid; but this enumeration shall not be 81.1 deemed exclusive. 81.2 Sec. 77. Minnesota Statutes 2004, section 94.342, 81.3 subdivision 3, is amended to read: 81.4 Subd. 3. [CLASS CADDITIONAL RESTRICTIONS ON RIPARIAN 81.5 LAND.] Land bordering on or adjacent to any meandered or other 81.6 public waters and withdrawn from sale by law isClass Criparian 81.7 land.Class CRiparian land may not be given in exchange unless 81.8 expressly authorized by the legislature or unless through the 81.9 same exchange the state acquires land on the same or other 81.10 public waters in the same general vicinity affording at least 81.11 equal opportunity for access to the waters and other riparian 81.12 use by the public; provided, that any exchange with the United 81.13 States or any agency thereof may be made free from this 81.14 limitation upon condition that the state land given in exchange 81.15 bordering on public waters shall be subject to reservations by 81.16 the state for public travel along the shores as provided by 81.17 section 92.45, unless waived as provided in this subdivision, 81.18 and that there shall be reserved by the state such additional 81.19 rights of public use upon suitable portions of such state land 81.20 as the commissioner of natural resources, with the approval of 81.21 the Land Exchange Board, may deem necessary or desirable for 81.22 camping, hunting, fishing, access to the water, and other public 81.23 uses. In regard to Class B orClass Criparian land that is 81.24 contained within that portion of the Superior National Forest 81.25 that is designated as the Boundary Waters Canoe Area Wilderness, 81.26 the condition that state land given in exchange bordering on 81.27 public waters must be subject to the public travel reservations 81.28 provided in section 92.45, may be waived by the Land Exchange 81.29 Board upon the recommendation of the commissioner of natural 81.30 resources and, if the land is Class B land, the additional 81.31 recommendation of the county board in which the land is located. 81.32 Sec. 78. Minnesota Statutes 2004, section 94.342, 81.33 subdivision 4, is amended to read: 81.34 Subd. 4. [ADDITIONAL RESTRICTIONS ON STATE PARK LAND.] 81.35 Land specifically designated by law as a state park may not be 81.36 given in exchange unless the land is school trust land that is 82.1 exchanged for Class Aor Class Cland located outside a state 82.2 park. 82.3 Sec. 79. Minnesota Statutes 2004, section 94.342, 82.4 subdivision 5, is amended to read: 82.5 Subd. 5. [ADDITIONAL RESTRICTIONS ON SCHOOL TRUST LAND.] 82.6 School trust land may be exchanged with otherstateClass A land 82.7 only if the Permanent School Fund Advisory Committee is 82.8 appointed as temporary trustee of the school trust land for 82.9 purposes of the exchange. The committee shall provide 82.10 independent legal counsel to review the exchanges. 82.11 Sec. 80. Minnesota Statutes 2004, section 94.343, 82.12 subdivision 1, is amended to read: 82.13 Subdivision 1. [GENERAL EXCHANGE PROVISIONS.]Except as82.14otherwise herein provided,(a) Any Class A land may, with the 82.15 unanimous approval of the board, be exchanged for any publicly 82.16 held or privately owned land in the manner and subject to the 82.17 conditions herein prescribed. Class A land may be exchanged 82.18 only if it meets the requirements of subdivision 3 or 5. 82.19 (b) The commissioner, with the approval of the board, shall 82.20 formulate general programs of exchange of Class A land designed 82.21 to serve the best interests of the state in the acquisition, 82.22 development, and use of lands for purposes within the province 82.23 of the Department of Natural Resources. 82.24 Sec. 81. Minnesota Statutes 2004, section 94.343, is 82.25 amended by adding a subdivision to read: 82.26 Subd. 2a. [VALUATION OF LAND.] The commissioner shall 82.27 cause the state land and the land proposed to be exchanged 82.28 therefor to be examined and value determined as provided in 82.29 section 84.0272; provided, that in exchanges with the United 82.30 States or any agency thereof the examination and value 82.31 determination may be made in such manner as the Land Exchange 82.32 Board may direct. The determined values shall not be 82.33 conclusive, but shall be taken into consideration by the 82.34 commissioner and the board, together with such other matters as 82.35 they deem material, in determining the values for the purposes 82.36 of exchange. 83.1 Sec. 82. Minnesota Statutes 2004, section 94.343, 83.2 subdivision 3, is amended to read: 83.3 Subd. 3. [EXCHANGING LAND OF SUBSTANTIALLY EQUAL VALUE 83.4REQUIREDOR LOWER VALUE.] (a) Except as otherwiseherein83.5 provided, Class A land shall be exchanged only for land of at 83.6 least substantially equal value to the state, as determined by 83.7 the commissioner, with the approval of the board.For the83.8purposes of such determination, the commissioner shall cause the83.9state land and the land proposed to be exchanged therefor to be83.10examined and appraised by qualified state appraisers as provided83.11in section 84.0272; provided, that in exchanges with the United83.12States or any agency thereof the examination and appraisal may83.13be made in such manner as the Land Exchange Board may direct.83.14The appraisers shall determine the fair market value of the83.15lands involved, disregarding any minimum value fixed for state83.16land by the state Constitution or by law, and shall make a83.17report thereof, together with such other pertinent information83.18respecting the use and value of the lands to the state as they83.19deem pertinent or as the commissioner or the board may require.83.20Such reports shall be filed and preserved in the same manner as83.21other reports of appraisal of state lands. The appraised values83.22shall not be conclusive, but shall be taken into consideration83.23by the commissioner and the board, together with such other83.24matters as they deem material, in determining the values for the83.25purposes of exchange.83.26 (b) For the purposes of this subdivision, "substantially 83.27 equal value" means: 83.28 (1) where the lands being exchanged are both over 100 83.29 acres, their values do not differ by more than ten percent; and 83.30 (2) in other cases, the values of the exchanged lands do 83.31 not differ by more than 20 percent. 83.32 (c) Other than school trust land, Class A land may be 83.33 exchanged for land of lesser value if the other party to the 83.34 exchange pays to the state the amount of the difference in value. 83.35 Money received by the commissioner in such cases shall be 83.36 credited to the same fund as in the case of sale of the land, if 84.1 such a fund exists, otherwise to the special fund, if any, from 84.2 which the cost of the land was paid, otherwise to the general 84.3 fund. 84.4 Sec. 83. Minnesota Statutes 2004, section 94.343, 84.5 subdivision 7, is amended to read: 84.6 Subd. 7. [PUBLIC HEARING.] Before giving final approval to 84.7 any exchange of Class A land, theboardcommissioner shall hold 84.8 a public hearing thereon at the capital city or at some place 84.9 which it may designate in the general area where the lands 84.10 involved are situated; provided, that the board may direct such84.11hearing to be held in its behalf by any of its members or by the84.12commissioner or by a referee appointed by the board. The 84.13 commissioner shall furnish to the auditor of each county 84.14 affected a notice of the hearing signed by thestate auditor as84.15secretary of the boardcommissioner, together with a list of all 84.16 the lands proposed to be exchanged and situated in the county, 84.17 and the county auditor shall post the same in the auditor's 84.18 office at least two weeks before the hearing. Thecounty84.19auditorcommissioner shallalsocause a copy of the notice, 84.20 referring to the list of lands posted, to be published at least 84.21 two weeks before the hearing in a legal newspaper published in 84.22 the county. The cost of publication of the notice shall be paid 84.23 by thestate out of any moneys appropriated for the expenses of84.24the boardcommissioner. 84.25 Sec. 84. Minnesota Statutes 2004, section 94.343, 84.26 subdivision 8, is amended to read: 84.27 Subd. 8. [PROPOSALS FOR EXCHANGE.] The commissioner, with 84.28 the approval of the board, may submit a proposal for exchange of 84.29 Class A land to any land owner concerned. Any land owner may 84.30 submit to the commissioner and the board a proposal for exchange 84.31 in such form as the commissioner, with the approval of the84.32board,may prescribe. 84.33 Sec. 85. Minnesota Statutes 2004, section 94.343, is 84.34 amended by adding a subdivision to read: 84.35 Subd. 8a. [FEES.] (a) When a private landowner or 84.36 governmental unit, except the state, presents to the 85.1 commissioner an offer to exchange privately or publicly held 85.2 land for Class A land, the private landowner or governmental 85.3 unit shall pay to the commissioner a determination of value fee 85.4 and survey fee of not less than one-half of the cost of the 85.5 determination of value and survey fees as determined by the 85.6 commissioner. 85.7 (b) Except as provided in paragraph (c), any payment made 85.8 under paragraph (a) shall be credited to the account from which 85.9 the expenses are paid and is appropriated for expenditure in the 85.10 same manner as other money in the account. 85.11 (c) The fees shall be refunded if the land exchange offer 85.12 is withdrawn by a private landowner or governmental unit before 85.13 the money is obligated to be spent. 85.14 Sec. 86. Minnesota Statutes 2004, section 94.343, 85.15 subdivision 10, is amended to read: 85.16 Subd. 10. [CONVEYANCE.] Conveyance of Class A land given 85.17 in exchange shall be made by deed executed by the commissioner 85.18 in the name of the state, with a certificate of unanimous85.19approval by the board appended. All such deeds received by the 85.20 state shall be recorded or registered in the county in which the 85.21 lands lie, and all recorded deeds and certificates of registered85.22title shall be filed in the office having custody of the state85.23public land records in the Department of Natural Resources. 85.24 Sec. 87. Minnesota Statutes 2004, section 94.344, 85.25 subdivision 1, is amended to read: 85.26 Subdivision 1. [GENERAL EXCHANGE PROVISIONS.]Except as85.27otherwise provided,Class B land, by resolution of the county 85.28 board of the county where the land is located and with the 85.29 unanimous approval of the Land Exchange Board, may be exchanged 85.30 for any publicly held or privately owned land in the same 85.31 county. Class B land may be exchanged only if it meets the 85.32 requirements of subdivision 3 or 5. 85.33 Sec. 88. Minnesota Statutes 2004, section 94.344, is 85.34 amended by adding a subdivision to read: 85.35 Subd. 2a. [VALUATION OF LANDS.] For an exchange involving 85.36 Class B land for Class A land, the value of the lands shall be 86.1 determined by the commissioner, with approval of the Land 86.2 Exchange Board. For purposes of the determination, the 86.3 commissioner shall determine the value of the state and 86.4 tax-forfeited land proposed to be exchanged in the same manner 86.5 as Class A land. For all other purposes, the county board shall 86.6 appraise the state land and the land in the proposed exchange in 86.7 the same manner as tax-forfeited land to be offered for sale. 86.8 The determined values shall not be conclusive, but shall be 86.9 taken into consideration, together with such other matters as 86.10 may be deemed material, in determining the values for the 86.11 purposes of exchange. 86.12 Sec. 89. Minnesota Statutes 2004, section 94.344, 86.13 subdivision 3, is amended to read: 86.14 Subd. 3. [EXCHANGING LAND OF SUBSTANTIALLY EQUAL VALUE 86.15REQUIREDOR LOWER VALUE.] (a) Except as otherwise provided, 86.16 Class B land may be exchanged only for land of substantially 86.17 equal valueor greater valueto the state, as determined by the 86.18 county board, with the approval of the commissioner and the Land 86.19 Exchange Board.For an exchange involving Class B land for86.20Class A or Class C land, the value of the lands shall be86.21determined by the commissioner, with approval of the Land86.22Exchange Board. For purposes of the determination, the86.23commissioner shall appraise the state and tax-forfeited land86.24proposed to be exchanged in the same manner as Class A land.86.25For all other purposes, the county board shall appraise the86.26state land and the land in the proposed exchange in the same86.27manner as tax-forfeited land to be offered for sale. The86.28appraised values shall not be conclusive, but shall be taken86.29into consideration, together with such other matters as may be86.30deemed material, in determining the values for the purposes of86.31exchange.86.32 (b) For the purposes of this subdivision, "substantially 86.33 equal value" means: 86.34 (1) where the lands being exchanged are both over 100 86.35 acres, their values do not differ by more than ten percent; and 86.36 (2) in other cases, the values of the exchanged lands do 87.1 not differ by more than 20 percent. 87.2 (c) Class B land may be exchanged for land of lesser value 87.3 if the other party to the exchange pays to the state the amount 87.4 of the difference in value. Money received by the county 87.5 treasurer shall be disposed of in like manner as the proceeds of 87.6 a sale of tax-forfeited land. 87.7 Sec. 90. Minnesota Statutes 2004, section 94.344, 87.8 subdivision 5, is amended to read: 87.9 Subd. 5. [OBTAININGEXCHANGING LAND OF GREATER VALUE.] (a) 87.10 Class B land may be exchanged for land of greater valueonly in87.11caseif the other party to the exchangeshall waivewaives 87.12 payment for the difference. 87.13 (b) Except for Class A school trust land, Class B land may 87.14 be exchanged for Class A land of greater value if the county 87.15 pays to the state the difference in value. 87.16 (c) Class B land may be exchanged for United States-owned 87.17 land of greater value if the county agrees to pay the difference 87.18 in value. 87.19 Sec. 91. Minnesota Statutes 2004, section 94.344, 87.20 subdivision 8, is amended to read: 87.21 Subd. 8. [PROPOSALS FOR EXCHANGE.] By direction of the 87.22 county board, the county auditor may submit a proposal for 87.23 exchange of Class B land to any land owner concerned. Any land 87.24 owner may file with the county auditor a proposal for exchange 87.25 for consideration by the county board.Forms for such proposals87.26shall be prescribed by the commissioner.87.27 Sec. 92. Minnesota Statutes 2004, section 94.344, 87.28 subdivision 10, is amended to read: 87.29 Subd. 10. [APPROVAL; CONVEYANCE.] After approval by the 87.30 county board, every proposal for the exchange of Class B land 87.31 shall be transmitted to the commissioner in such form and with 87.32 such information as the commissioner may prescribe for 87.33 consideration by the commissioner and by the board. The county 87.34 attorney's opinion on the title, with the abstract and other 87.35 evidence of title, if any, shall accompany the proposal. If the 87.36 proposalbeis approved by the commissioner and the board and 88.1 the titlebeis approved by the attorney general, the same shall 88.2 be certified to the commissioner of revenue, who shall execute a 88.3 deed in the name of the state conveying the land given in 88.4 exchange, with a certificate of unanimous approval by the board88.5appended,and transmit the deed to the county auditor to be 88.6 delivered upon receipt of a deed conveying to the state the land 88.7 received in exchange, approved by the county attorney; provided, 88.8 that if any amount is due the state under the terms of the 88.9 exchange, the deed from the state shall not be executed or 88.10 delivered until such amount is paid in full and a certificate 88.11 thereof by the county auditor is filed with the commissioner of 88.12 revenue. The county auditor shall cause all deeds received by 88.13 the state in such exchanges to be recorded or registered, and88.14thereafter shall file the deeds or the certificates of88.15registered title in the auditor's office. If the land received 88.16 by the county in the exchange iseitherClass Aor Class Cland, 88.17 the commissioner of revenue shall deliver the deed for the Class 88.18 B land to the commissioner of natural resources and following 88.19 the recording of this deed, the commissioner of natural 88.20 resources shall deliver to the county auditor a deed conveying 88.21 the Class Aor Class Cland to the county auditor to be recorded 88.22 or registered, and afterwards file the deeds or the certificate88.23of registered title in the auditor's office. 88.24 Sec. 93. Minnesota Statutes 2004, section 97A.055, 88.25 subdivision 4b, is amended to read: 88.26 Subd. 4b. [CITIZEN OVERSIGHT SUBCOMMITTEES.] (a) The 88.27 commissioner shall appoint subcommittees of affected persons to 88.28 review the reports prepared under subdivision 4; review the 88.29 proposed work plans and budgets for the coming year; propose 88.30 changes in policies, activities, and revenue enhancements or 88.31 reductions; review other relevant information; and make 88.32 recommendations to the legislature and the commissioner for 88.33 improvements in the management and use of money in the game and 88.34 fish fund. 88.35 (b) The commissioner shall appoint the following 88.36 subcommittees, each comprised of at least three affected persons: 89.1 (1) a Fisheries Operations Subcommittee to review fisheries 89.2 funding, excluding activities related to trout and salmon stamp 89.3 funding; 89.4 (2) a Wildlife Operations Subcommittee to review wildlife 89.5 funding, excluding activities related to migratory waterfowl, 89.6 pheasant, and turkey stamp funding and excluding review of the 89.7 amounts available under section 97A.075, subdivision 1, 89.8 paragraphs (b) and (c); 89.9 (3) a Big Game Subcommittee to review the report required 89.10 in subdivision 4, paragraph (a), clause (2); 89.11 (4) an Ecological Services Operations Subcommittee to 89.12 review ecological services funding; 89.13 (5) a subcommittee to review game and fish fund funding of 89.14 enforcement, support services, and Department of Natural 89.15 Resources administration; 89.16 (6) a subcommittee to review the trout and salmon stamp 89.17 report and address funding issues related to trout and salmon; 89.18 (7) a subcommittee to review the report on the migratory 89.19 waterfowl stamp and address funding issues related to migratory 89.20 waterfowl; 89.21 (8) a subcommittee to review the report on the pheasant 89.22 stamp and address funding issues related to pheasants; and 89.23 (9) a subcommittee to review the report on the turkey stamp 89.24 and address funding issues related to wild turkeys. 89.25 (c) The chairs of each of the subcommittees shall form a 89.26 Budgetary Oversight Committee to coordinate the integration of 89.27 the subcommittee reports into an annual report to the 89.28 legislature; recommend changes on a broad level in policies, 89.29 activities, and revenue enhancements or reductions; provide a 89.30 forum to address issues that transcend the subcommittees; and 89.31 submit a report for any subcommittee that fails to submit its 89.32 report in a timely manner. 89.33 (d) The Budgetary Oversight Committee shall develop 89.34 recommendations for a biennial budget plan and report for 89.35 expenditures on game and fish activities. By August 15 of each 89.36 even-numbered year, the committee shall submit the budget plan 90.1 recommendations to the commissioner and to the senate and house 90.2 committees with jurisdiction over natural resources finance. 90.3 (e) Each subcommittee shall choose its own chair, except 90.4 that the chair of the Budgetary Oversight Committee shall be 90.5 appointed by the commissioner and may not be the chair of any of 90.6 the subcommittees. 90.7 (f) The Budgetary Oversight Committee must make 90.8 recommendations to the commissioner and to the senate and house 90.9 committees with jurisdiction over natural resources finance for 90.10 outcome goals from expenditures. 90.11 (g) Notwithstanding section 15.059, subdivision 5, or other 90.12 law to the contrary, the Budgetary Oversight Committee and 90.13 subcommittees do not expire until June 30,20052010. 90.14 [EFFECTIVE DATE.] This section is effective the day 90.15 following final enactment. 90.16 Sec. 94. Minnesota Statutes 2004, section 97A.061, is 90.17 amended by adding a subdivision to read: 90.18 Subd. 6. [ANNUAL APPROPRIATION FOR FISCAL YEAR 2007 AND 90.19 EACH YEAR THEREAFTER.] Notwithstanding subdivision 1, paragraph 90.20 (c), for the payment made in fiscal year 2007 and each year 90.21 thereafter, the appraised value of the land acquired prior to 90.22 July 1, 2004, shall be the value used for the payment made in 90.23 fiscal year 2006. 90.24 Sec. 95. Minnesota Statutes 2004, section 97A.071, 90.25 subdivision 2, is amended to read: 90.26 Subd. 2. [REVENUE FROM SMALL GAME LICENSE SURCHARGE AND 90.27 LIFETIME LICENSES.] Revenue from the small game surcharge and 90.28 $6.50 annually from the lifetime fish and wildlife trust fund, 90.29 established in section 97A.4742, for each license issued under 90.30 sections 97A.473, subdivisions 3 and 5, and 97A.474, subdivision 90.31 3, shall be credited to the wildlife acquisition account and the 90.32 money in the accountshall be used byis annually appropriated 90.33 to the commissioner only for the purposes of this section, and 90.34 acquisition and development of wildlife lands under section 90.35 97A.145 and maintenance of the lands, in accordance with90.36appropriations made by the legislature. 91.1 Sec. 96. Minnesota Statutes 2004, section 97A.075, 91.2 subdivision 3, is amended to read: 91.3 Subd. 3. [TROUT AND SALMON STAMP.] (a) Ninety percent of 91.4 the revenue from trout and salmon stamps must be credited to the 91.5 trout and salmon management account. Money in the account may 91.6 be used only for: 91.7 (1) the development, restoration, maintenance, improvement, 91.8 protection, and preservation of habitat for trout and salmon in 91.9 trout streams and lakes, including, but not limited to, 91.10 evaluating habitat; stabilizing eroding stream banks; adding 91.11 fish cover; modifying stream channels; managing vegetation to 91.12 protect, shade, or reduce runoff on stream banks; and purchasing 91.13 equipment to accomplish these tasks; 91.14 (2) rearingoftrout and salmonand, including utility and 91.15 service costs associated with coldwater hatchery buildings and 91.16 systems; stockingoftrout and salmon in streams and lakes and 91.17 Lake Superior; and monitoring and evaluating stocked trout and 91.18 salmon; 91.19 (3) acquisition of easements and fee title along trout 91.20 waters; 91.21 (4) identifying easement and fee title areas along trout 91.22 waters; and 91.23 (5) research and special management projects on trout 91.24 streams, trout lakes, and Lake Superior andthe anadromous91.25 portions of its tributaries. 91.26 (b) Money in the account may not be used for costs unless 91.27 they are directly related to a specific parcel of land or body 91.28 of water under paragraph (a)or, to specific fish rearing 91.29 activities under paragraph (a), clause (2), or for costs 91.30 associated with supplies and equipment to implement trout and 91.31 salmon management activities under paragraph (a). 91.32 Sec. 97. Minnesota Statutes 2004, section 97A.135, 91.33 subdivision 2a, is amended to read: 91.34 Subd. 2a. [DISPOSAL OF LAND IN WILDLIFE MANAGEMENT AREAS.] 91.35 (a) The commissioner may sell or exchange land in a wildlife 91.36 management area authorized by designation under section 86A.07, 92.1 subdivision 3, 97A.133, or 97A.145 if the commissioner vacates 92.2 the designation before the sale or exchange in accordance with 92.3 this subdivision. The designation may be vacated only if the 92.4 commissioner finds, after a public hearing, that the disposal of 92.5 the land is in the public interest. 92.6 (b) A sale under this subdivision is subject to sections 92.7 94.09 to 94.16. An exchange under this subdivision is subject 92.8 to sections 94.341 to94.34894.347. 92.9 (c) Revenue received from a sale authorized under paragraph 92.10 (a) is appropriated to the commissioner for acquisition of 92.11 replacement wildlife management lands. 92.12 (d) Land acquired by the commissioner under this 92.13 subdivision must meet the criteria in section 86A.05, 92.14 subdivision 8, and as soon as possible after the acquisition 92.15 must be designated as a wildlife management area under section 92.16 86A.07, subdivision 3, 97A.133, or 97A.145. 92.17 (e) In acquiring land under this subdivision, the 92.18 commissioner must give priority to land within the same 92.19 geographic region of the state as the land conveyed. 92.20 Sec. 98. Minnesota Statutes 2004, section 97A.4742, 92.21 subdivision 4, is amended to read: 92.22 Subd. 4. [ANNUAL REPORT.] By December 15 each year, the 92.23 commissioner shall submit a report to the legislative committees 92.24 having jurisdiction over environment and natural resources 92.25 appropriations and environment and natural resources policy. 92.26 The report shall state the amount of revenue received in and 92.27 expenditures made from revenue transferred from the lifetime 92.28 fish and wildlife trust fund to the game and fish fundand shall92.29describe projects funded, locations of the projects, and results92.30and benefits from the projects. The report may be included in 92.31 the game and fish fund report required by section 97A.055, 92.32 subdivision 4. The commissioner shall make the annual report 92.33 available to the public. 92.34 Sec. 99. Minnesota Statutes 2004, section 97A.485, 92.35 subdivision 6, is amended to read: 92.36 Subd. 6. [LICENSES TO BE SOLD AND ISSUING FEES.] (a) 93.1 Persons authorized to sell licenses under this section must 93.2 issue the following licenses for the license fee and the 93.3 following issuing fees: 93.4 (1) to take deer or bear with firearms and by archery, the 93.5 issuing fee is $1; 93.6 (2) Minnesota sporting, the issuing fee is $1; and 93.7 (3) to take small game, to take fish by angling or by 93.8 spearing, and to trap fur-bearing animals, the issuing fee is 93.9 $1; 93.10 (4) for atrout and salmonstamp that is not issued 93.11 simultaneously withan angling or sportinga license, an issuing 93.12 fee of 50 cents may be charged at the discretion of the 93.13 authorized seller; 93.14 (5) for stampsother than a trout and salmon stamp, and for93.15a special season Canada goose licenseissued simultaneously with 93.16 a license, there is no fee;and93.17 (6) for licenses, seals, tags, or coupons issued without a 93.18 fee under section 97A.441 or 97A.465,there is noan issuing fee 93.19 of 50 cents may be charged at the discretion of the authorized 93.20 seller; 93.21 (7) for lifetime licenses, there is no fee; and 93.22 (8) for all other licenses, permits, renewals, or 93.23 applications or any other transaction through the electronic 93.24 licensing system under this chapter or any other chapter when an 93.25 issuing fee is not specified, an issuing fee of 50 cents may be 93.26 charged at the discretion of the authorized seller. 93.27 (b) An issuing fee may not be collected for issuance of a 93.28 trout and salmon stamp if a stamp validation is issued 93.29 simultaneously with the related angling or sporting license. 93.30 Only one issuing fee may be collected when selling more than one 93.31 trout and salmon stamp in the same transaction after the end of 93.32 the season for which the stamp was issued. 93.33 (c) The agent shall keep the issuing fee as a commission 93.34 for selling the licenses. 93.35 (d) The commissioner shall collect the issuing fee on 93.36 licenses sold by the commissioner. 94.1 (e) A license, except stamps, must state the amount of the 94.2 issuing fee and that the issuing fee is kept by the seller as a 94.3 commission for selling the licenses. 94.4 (f) For duplicate licenses, including licenses issued 94.5 without a fee, the issuing fees are: 94.6 (1) for licenses to take big game, 75 cents; and 94.7 (2) for other licenses, 50 cents. 94.8 (g) The commissioner may issue one-day angling licenses in 94.9 books of ten licenses each to fishing guides operating charter 94.10 boats upon receipt of payment of all license fees, excluding the 94.11 issuing fee required under this section. Copies of sold and 94.12 unsold licenses shall be returned to the commissioner. The 94.13 commissioner shall refund the charter boat captain for the 94.14 license fees of all unsold licenses. Copies of sold licenses 94.15 shall be maintained by the commissioner for one year. 94.16 Sec. 100. Minnesota Statutes 2004, section 97A.485, 94.17 subdivision 7, is amended to read: 94.18 Subd. 7. [ELECTRONIC LICENSING SYSTEM COMMISSION.] The 94.19 commissioner shall retain for the operation of the electronic 94.20 licensing systema commission of 4.7 percent ofthe commission 94.21 established under section 84.027, subdivision 15, and issuing 94.22 fees collected by the commissioner on all license fees 94.23 collected, excluding: 94.24 (1) the small game surcharge; and 94.25 (2)all issuing fees; and94.26(3)$2.50 of the license fee for the licenses in section 94.27 97A.475, subdivisions 6, clauses (1), (2), and (4), 7, 8, 12, 94.28 and 13. 94.29 [EFFECTIVE DATE.] This section is effective July 6, 2005. 94.30 Sec. 101. Minnesota Statutes 2004, section 97A.551, is 94.31 amended by adding a subdivision to read: 94.32 Subd. 6. [TAGGING AND REGISTRATION.] The commissioner may, 94.33 by rule, require persons taking, possessing, and transporting 94.34 certain species of fish to tag the fish with a special fish 94.35 management tag and may require registration of tagged fish. A 94.36 person may not possess or transport a fish species taken in the 95.1 state for which a special fish management tag is required unless 95.2 a tag is attached to the fish in a manner prescribed by the 95.3 commissioner. The commissioner shall prescribe the manner of 95.4 issuance and the type of tag as authorized under section 95.5 97C.087. The tag must be attached to the fish as prescribed by 95.6 the commissioner immediately upon reducing the fish in 95.7 possession and must remain attached to the fish until the fish 95.8 is processed or consumed. Species for which a special fish 95.9 management tag is required must be transported undressed. 95.10 Sec. 102. Minnesota Statutes 2004, section 97B.015, 95.11 subdivision 1, is amended to read: 95.12 Subdivision 1. [ESTABLISHMENT.] The commissioner shall 95.13make rules establishingestablish a statewide course in the safe 95.14 use of firearms and identification of wild mammals and 95.15 birds.At least one course must be held within the boundary of95.16each school district.The courses must be conducted by the 95.17 commissioner in cooperation with other organizations. The 95.18 courses must instruct youths in commonly accepted principles of 95.19 safety in hunting and handling common hunting firearms and 95.20 identification of various species of wild mammals and birds by 95.21 sight and other unique characteristics. 95.22 Sec. 103. Minnesota Statutes 2004, section 97B.015, 95.23 subdivision 2, is amended to read: 95.24 Subd. 2. [ADMINISTRATION, SUPERVISION, AND ENFORCEMENT.] 95.25 (a) The commissioner shall appoint a qualified person from the 95.26 Enforcement Division under civil service rules as supervisor of 95.27 hunting safety and prescribe the duties and responsibilities of 95.28 the position. The commissioner shall determine and provide the 95.29 Enforcement Division with the necessary personnel for this 95.30 section. 95.31 (b)The commissioner may appoint one or more county95.32directors of hunting safety in each county. An appointed county95.33director is responsible to the Enforcement Division.The 95.34 Enforcement Division may appoint instructors necessary for this 95.35 section.County directors andInstructors shall serve on a 95.36 voluntary basis without compensation. The Enforcement Division 96.1 must supply the materials necessary for the course. School 96.2 districts may cooperate with the commissioner and volunteer 96.3 instructors to provide space for the classroom portion of the 96.4 training. 96.5 Sec. 104. Minnesota Statutes 2004, section 97B.015, 96.6 subdivision 5, is amended to read: 96.7 Subd. 5. [FIREARMS SAFETY CERTIFICATE.] The commissioner 96.8 shall issue a firearms safety certificate to a person that 96.9 satisfactorily completes the required course of instruction. A 96.10 person must be at least age 11 to take the firearms safety 96.11 course and may receive a firearms safety certificate, but the 96.12 certificate is not valid for hunting until the personis at96.13leastreaches age 12. A person who is age 11 and has a firearms 96.14 safety certificate may purchase a deer, bear, turkey, or prairie 96.15 chicken license that will become valid when the person reaches 96.16 age 12. A firearms safety certificate issued to a person under 96.17 age 12 by another state as provided in section 97B.020 is not 96.18 valid for hunting in Minnesota until the person reaches age 12. 96.19 The form and content of the firearms safety certificate shall be 96.20 prescribed by the commissioner. 96.21 Sec. 105. Minnesota Statutes 2004, section 97B.015, 96.22 subdivision 7, is amended to read: 96.23 Subd. 7. [FEE FOR DUPLICATE CERTIFICATE.] The commissioner 96.24 shall collect a fee, to include a $1 issuing fee for licensing 96.25 agents, for issuing a duplicate firearms safety certificate. 96.26 The commissioner shall establish a fee that neither 96.27 significantly overrecovers nor underrecovers costs, including 96.28 overhead costs, involved in providing the service. The fee is 96.29 not subject to the rulemaking provisions of chapter 14 and 96.30 section 14.386 does not apply. The commissioner may establish 96.31 the fee notwithstanding section 16A.1283. The duplicate 96.32 certificate fees, except for the issuing fee for licensing 96.33 agents under this subdivision, shall be deposited in the game 96.34 and fish fund and, except for the electronic licensing system 96.35 commission established by the commissioner under section 84.027, 96.36 subdivision 15, and issuing fees collected by the commissioner, 97.1 are appropriated annually to the Enforcement Division of the 97.2 Department of Natural Resources for the administration of the 97.3 firearm safety course program. 97.4 [EFFECTIVE DATE.] This section is effective July 6, 2005. 97.5 Sec. 106. Minnesota Statutes 2004, section 97B.020, is 97.6 amended to read: 97.7 97B.020 [FIREARMS SAFETY CERTIFICATE REQUIRED.] 97.8 (a) Except as provided in this section and section 97A.451, 97.9 subdivision 3a, a person born after December 31, 1979, may not 97.10 obtain an annual license to take wild animals by firearms unless 97.11 the person has: 97.12 (1) a firearms safety certificate or equivalent 97.13 certificate,; 97.14 (2) a driver's license or identification card with a valid 97.15 firearms safety qualification indicator issued under section 97.16 171.07, subdivision 13,; 97.17 (3) a previous hunting license,with a valid firearms 97.18 safety qualification indicator; or 97.19 (4) other evidence indicating that the person has completed 97.20 in this state or in another state a hunter safety course 97.21 recognized by the department under a reciprocity agreement or 97.22 certified by the department as substantially similar. 97.23 (b) A person who is on active duty and has successfully 97.24 completed basic training in the United States armed forces, 97.25 reserve component, or National Guard may obtain a hunting 97.26 license or approval authorizing hunting regardless of whether 97.27 the person is issued a firearms safety certificate. 97.28(b)(c) A person born after December 31, 1979, may not use 97.29 a lifetime license to take wild animals by firearms, unless the 97.30 person meets the requirements for obtaining an annual license 97.31 under paragraph (a) or (b). 97.32 Sec. 107. Minnesota Statutes 2004, section 97B.025, is 97.33 amended to read: 97.34 97B.025 [HUNTER AND TRAPPER EDUCATION.] 97.35 (a) The commissioner may establish education courses for 97.36 hunters and trappers. The commissioner shall collect a fee from 98.1 each person attending a course. A fee, to include a $1 issuing 98.2 fee for licensing agents, shall be collected for issuing a 98.3 duplicate certificate. The commissioner shall establish the 98.4 fees in a manner that neither significantly overrecovers nor 98.5 underrecovers costs, including overhead costs, involved in 98.6 providing the services. The fees are not subject to the 98.7 rulemaking provisions of chapter 14 and section 14.386 does not 98.8 apply. The commissioner may establish the fees notwithstanding 98.9 section 16A.1283. The fees, except for the issuing fee for 98.10 licensing agents under this subdivision, shall be deposited in 98.11 the game and fish fund and the amount thereof, except for the 98.12 electronic licensing system commission established by the 98.13 commissioner under section 84.027, subdivision 15, is 98.14 appropriated annually to the Enforcement Division of the 98.15 Department of Natural Resources for the administration of the 98.16 program. In addition to the fee established by the commissioner 98.17 for each course, instructors may charge each person up to the 98.18 established fee amount for class materials and expenses. School 98.19 districts may cooperate with the commissioner and volunteer 98.20 instructors to provide space for the classroom portion of the 98.21 training. 98.22 (b) The commissioner shall enter into an agreement with a 98.23 statewide nonprofit trappers association to conduct a trapper 98.24 education program. At a minimum, the program must include at 98.25 least six hours of classroom and in the field training. The 98.26 program must include a review of state trapping laws and 98.27 regulations, trapping ethics, the setting and tending of traps 98.28 and snares, tagging and registration requirements, and the 98.29 preparation of pelts. The association shall be responsible for 98.30 all costs of conducting the education program, and shall not 98.31 charge any fee for attending the course. 98.32 [EFFECTIVE DATE.] This section is effective July 6, 2005. 98.33 Sec. 108. Minnesota Statutes 2004, section 97C.085, is 98.34 amended to read: 98.35 97C.085 [PERMIT REQUIRED FOR TAGGING FISH.] 98.36 A person may not tag or otherwise mark a live fish for 99.1 identification without a permit from the commissioner, except 99.2 for special fish management tags as authorized under section 99.3 97A.551. 99.4 Sec. 109. [97C.087] [SPECIAL FISH MANAGEMENT TAGS.] 99.5 Subdivision 1. [TAGS TO BE ISSUED.] If the commissioner 99.6 determines it is necessary to require that a species of fish be 99.7 tagged with a special fish management tag, the commissioner 99.8 shall prescribe, by rule, the species to be tagged, tagging 99.9 procedures, and eligibility requirements. 99.10 Subd. 2. [APPLICATION FOR TAG.] Application for special 99.11 fish management tags must be accompanied by a $5, nonrefundable 99.12 application fee for each tag. A person may not make more than 99.13 one tag application each year. If a person makes more than one 99.14 application, the person is ineligible for a special fish 99.15 management tag for that season after determination by the 99.16 commissioner, without a hearing. 99.17 Sec. 110. Minnesota Statutes 2004, section 97C.327, is 99.18 amended to read: 99.19 97C.327 [MEASUREMENT OF FISH LENGTH.] 99.20 For the purpose of determining compliance with size limits 99.21 for fish in this chapter or in rules of the commissioner, the 99.22 length of a fish must be measured from the tip of the nose or 99.23 jaw, whichever is longer, to the farthest tip of the tail when 99.24 fully extended. 99.25 Sec. 111. Minnesota Statutes 2004, section 97C.395, 99.26 subdivision 1, is amended to read: 99.27 Subdivision 1. [DATES FOR CERTAIN SPECIES.] (a) The open 99.28 seasons to take fish by angling are as follows: 99.29 (1) for walleye, sauger, northern pike, muskellunge, 99.30 largemouth bass, and smallmouth bass, the Saturday two weeks 99.31 prior to the Saturday of Memorial Day weekend to thethirdlast 99.32 Sunday in February; 99.33 (2) for lake trout, from January 1 to October 31; 99.34 (3) for brown trout, brook trout, rainbow trout, and 99.35 splake, between January 1 to October 31 as prescribed by the 99.36 commissioner by rule except as provided in section 97C.415, 100.1 subdivision 2; and 100.2 (4) for salmon, as prescribed by the commissioner by rule. 100.3 (b) The commissioner shall close the season in areas of the 100.4 state where fish are spawning and closing the season will 100.5 protect the resource. 100.6 Sec. 112. Minnesota Statutes 2004, section 103F.535, 100.7 subdivision 1, is amended to read: 100.8 Subdivision 1. [RESERVATION OF MARGINAL LAND AND 100.9 WETLANDS.] (a) Marginal land and wetlands are withdrawn from 100.10 sale or exchange unless: 100.11 (1) notice of the existence of the nonforested marginal 100.12 land or wetlands, in a form prescribed by the Board of Water and 100.13 Soil Resources, is provided to prospective purchasers; and 100.14 (2) the deed contains a restrictive covenant, in a form 100.15 prescribed by the Board of Water and Soil Resources, that 100.16 precludes enrollment of the land in a state-funded program 100.17 providing compensation for conservation of marginal land or 100.18 wetlands. 100.19 (b) This section does not apply to transfers of land by the 100.20 Board of Water and Soil Resources to correct errors in legal 100.21 descriptions under section 103F.515, subdivision 8, or to 100.22 transfers by the commissioner of natural resources for: 100.23 (1) land that is currently in nonagricultural commercial 100.24 use if a restrictive covenant would interfere with the 100.25 commercial use; 100.26 (2) land in platted subdivisions; 100.27 (3) conveyances of land to correct errors in legal 100.28 descriptions under section 84.0273; 100.29 (4) exchanges of nonagricultural land with the federal 100.30 government, or exchanges of Class A, Class B, andClass C100.31 riparian nonagricultural land with local units of government 100.32 under sections 94.342, 94.343, and 94.344, and 94.349; 100.33 (5) land transferred to political subdivisions for public 100.34 purposes under sections 84.027, subdivision 10, and 94.10; and 100.35 (6) land not needed for trail purposes that is sold to 100.36 adjacent property owners and lease holders under section 85.015, 101.1 subdivision 1, paragraph (b). 101.2 (c) This section does not apply to transfers of land by the 101.3 commissioner of administration or transportation or by the 101.4 Minnesota Housing Finance Agency, or to transfers of 101.5 tax-forfeited land under chapter 282 if: 101.6 (1) the land is in platted subdivisions; or 101.7 (2) the conveyance is a transfer to correct errors in legal 101.8 descriptions. 101.9 (d) This section does not apply to transfers of land by the 101.10 commissioner of administration or by the Minnesota Housing 101.11 Finance Agency for: 101.12 (1) land that is currently in nonagricultural commercial 101.13 use if a restrictive covenant would interfere with the 101.14 commercial use; or 101.15 (2) land transferred to political subdivisions for public 101.16 purposes under sections 84.027, subdivision 10, and 94.10. 101.17 Sec. 113. Minnesota Statutes 2004, section 103G.271, 101.18 subdivision 6, is amended to read: 101.19 Subd. 6. [WATER USE PERMIT PROCESSING FEE.] (a) Except as 101.20 described in paragraphs (b) to (f), a water use permit 101.21 processing fee must be prescribed by the commissioner in 101.22 accordance with the schedule of fees in this subdivision for 101.23 each water use permit in force at any time during the year. The 101.24 schedule is as follows, with the stated fee in each clause 101.25 applied to the total amount appropriated: 101.26 (1) $101 for amounts not exceeding 50,000,000 gallons per 101.27 year; 101.28 (2) $3 per 1,000,000 gallons for amounts greater than 101.29 50,000,000 gallons but less than 100,000,000 gallons per year; 101.30 (3) $3.50 per 1,000,000 gallons for amounts greater than 101.31 100,000,000 gallons but less than 150,000,000 gallons per year; 101.32 (4) $4 per 1,000,000 gallons for amounts greater than 101.33 150,000,000 gallons but less than 200,000,000 gallons per year; 101.34 (5) $4.50 per 1,000,000 gallons for amounts greater than 101.35 200,000,000 gallons but less than 250,000,000 gallons per year; 101.36 (6) $5 per 1,000,000 gallons for amounts greater than 102.1 250,000,000 gallons but less than 300,000,000 gallons per year; 102.2 (7) $5.50 per 1,000,000 gallons for amounts greater than 102.3 300,000,000 gallons but less than 350,000,000 gallons per year; 102.4 (8) $6 per 1,000,000 gallons for amounts greater than 102.5 350,000,000 gallons but less than 400,000,000 gallons per year; 102.6 (9) $6.50 per 1,000,000 gallons for amounts greater than 102.7 400,000,000 gallons but less than 450,000,000 gallons per year; 102.8 (10) $7 per 1,000,000 gallons for amounts greater than 102.9 450,000,000 gallons but less than 500,000,000 gallons per year; 102.10 and 102.11 (11) $7.50 per 1,000,000 gallons for amounts greater than 102.12 500,000,000 gallons per year. 102.13 (b) For once-through cooling systems, a water use 102.14 processing fee must be prescribed by the commissioner in 102.15 accordance with the following schedule of fees for each water 102.16 use permit in force at any time during the year: 102.17 (1) for nonprofit corporations and school districts, $150 102.18 per 1,000,000 gallons; and 102.19 (2) for all other users,$200$300 per 1,000,000 gallons. 102.20 (c) The fee is payable based on the amount of water 102.21 appropriated during the year and, except as provided in 102.22 paragraph (f), the minimum fee is $100. 102.23 (d) For water use processing fees other than once-through 102.24 cooling systems: 102.25 (1) the fee for a city of the first class may not exceed 102.26 $250,000 per year; 102.27 (2) the fee for other entities for any permitted use may 102.28 not exceed: 102.29 (i) $50,000 per year for an entity holding three or fewer 102.30 permits; 102.31 (ii) $75,000 per year for an entity holding four or five 102.32 permits; 102.33 (iii) $250,000 per year for an entity holding more than 102.34 five permits; 102.35 (3) the fee for agricultural irrigation may not exceed $750 102.36 per year; 103.1 (4) the fee for a municipality that furnishes electric 103.2 service and cogenerates steam for home heating may not exceed 103.3 $10,000 for its permit for water use related to the cogeneration 103.4 of electricity and steam; and 103.5 (5) no fee is required for a project involving the 103.6 appropriation of surface water to prevent flood damage or to 103.7 remove flood waters during a period of flooding, as determined 103.8 by the commissioner. 103.9 (e) Failure to pay the fee is sufficient cause for revoking 103.10 a permit. A penalty of two percent per month calculated from 103.11 the original due date must be imposed on the unpaid balance of 103.12 fees remaining 30 days after the sending of a second notice of 103.13 fees due. A fee may not be imposed on an agency, as defined in 103.14 section 16B.01, subdivision 2, or federal governmental agency 103.15 holding a water appropriation permit. 103.16 (f)The minimum water use processing fee for a permit103.17issued for irrigation of agricultural land is $20 for years in103.18which:103.19(1) there is no appropriation of water under the permit; or103.20(2) the permit is suspended for more than seven consecutive103.21days between May 1 and October 1.A surcharge of $20 per 103.22 million gallons in addition to the fee prescribed in paragraph 103.23 (a) shall be applied to the volume of water used in June, July, 103.24 and August that exceeds the volume of water used in January for 103.25 municipal water use, irrigation of golf courses, and landscape 103.26 irrigation. 103.27 Sec. 114. Minnesota Statutes 2004, section 103G.301, 103.28 subdivision 2, is amended to read: 103.29 Subd. 2. [PERMIT APPLICATION FEES.] (a) An application for 103.30 a permit authorized under this chapter, and each request to 103.31 amend or transfer an existing permit, must be accompanied by a 103.32 permit application fee to defray the costs of receiving, 103.33 recording, and processing the application or request to amend or 103.34 transfer. 103.35 (b) The fee to apply for a permit to appropriate water, a 103.36 permit to construct or repair a dam that is subject to dam 104.1 safety inspection, or a state general permit or to apply for the 104.2 state water bank program is$75$150. The application fee for a 104.3 permit to work in public waters or to divert waters for mining 104.4 must be at least$75$150, but not more than$500$1,000, 104.5 according to a schedule of fees adopted under section 16A.1285. 104.6 Sec. 115. Minnesota Statutes 2004, section 103G.615, 104.7 subdivision 2, is amended to read: 104.8 Subd. 2. [FEES.] (a) The commissioner shall establish a 104.9 fee schedule for permits to control or harvest aquatic plants 104.10 other than wild rice. The fees must be set by rule, and section 104.11 16A.1283 does not apply. The fees may not exceed $750 per 104.12 permit based upon the cost of receiving, processing, analyzing, 104.13 and issuing the permit, and additional costs incurred after the 104.14 application to inspect and monitor the activities authorized by 104.15 the permit, and enforce aquatic plant management rules and 104.16 permit requirements. 104.17 (b) The fee for a permit for the control of rooted aquatic 104.18 vegetation is $35 for each contiguous parcel of shoreline owned 104.19 by an owner. This fee may not be charged for permits issued in 104.20 connection with purple loosestrife control or lakewide Eurasian 104.21 water milfoil control programs. 104.22 (c) A fee may not be charged to the state or a federal 104.23 governmental agency applying for a permit. 104.24 (d) The money received for the permits under this 104.25 subdivision shall be deposited in the treasury and credited to 104.26 thegame and fish fundwater recreation account. 104.27 Sec. 116. Minnesota Statutes 2004, section 103I.681, 104.28 subdivision 11, is amended to read: 104.29 Subd. 11. [PERMIT FEE SCHEDULE.] (a) The commissioner of 104.30 natural resources shall adopt a permit fee schedule under 104.31 chapter 14. The schedule may provide minimum fees for various 104.32 classes of permits, and additional fees, which may be imposed 104.33 subsequent to the application, based on the cost of receiving, 104.34 processing, analyzing, and issuing the permit, and the actual 104.35 inspecting and monitoring of the activities authorized by the 104.36 permit, including costs of consulting services. 105.1 (b) A fee may not be imposed on a state or federal 105.2 governmental agency applying for a permit. 105.3 (c) The fee schedule may provide for the refund of a fee, 105.4 in whole or in part, under circumstances prescribed by the 105.5 commissioner of natural resources.PermitFees received must be 105.6 deposited in the state treasury and credited to the general 105.7 fund.The amount of money necessary to pay the refunds is105.8 Permit fees received are appropriated annually from the general 105.9 fund to the commissioner of natural resources for the costs of 105.10 inspecting and monitoring the activities authorized by the 105.11 permit, including costs of consulting services. 105.12 Sec. 117. Minnesota Statutes 2004, section 115.06, 105.13 subdivision 4, is amended to read: 105.14 Subd. 4. [CITIZEN MONITORING OF WATER QUALITY.] (a) The 105.15 agency may encourage citizen monitoring of ambient water quality 105.16 for public waters by: 105.17 (1) providing technical assistance to citizen and local 105.18 group water quality monitoring efforts; 105.19 (2) integrating citizen monitoring data into water quality 105.20 assessments and agency programs, provided that the data adheres 105.21 to agency quality assurance and quality control protocols; and 105.22 (3) seeking public and private funds to: 105.23 (i) collaboratively develop clear guidelines for water 105.24 quality monitoring procedures and data management practices for 105.25 specific data and information uses; 105.26 (ii) distribute the guidelines to citizens, local 105.27 governments, and other interested parties; 105.28 (iii) improve and expand water quality monitoring 105.29 activities carried out by the agency; and 105.30 (iv) continue to improve electronic and Web access to water 105.31 quality data and information about public waters that have been 105.32 either fully or partially assessed. 105.33 (b) This subdivision does not authorize a citizen to enter 105.34 onto private property for any purpose. 105.35 (c) By January 15 of each odd-numbered year, the 105.36 commissioner shall report to the senate and house of 106.1 representatives committees with jurisdiction over environmental 106.2 policy and finance on activities under this section. 106.3(d) This subdivision shall sunset June 30, 2005.106.4 Sec. 118. Minnesota Statutes 2004, section 115.551, is 106.5 amended to read: 106.6 115.551 [TANK FEE.] 106.7 (a) An installer shall pay a fee of $25 for each septic 106.8 system tank installed in the previous calendar year. The fees 106.9 required under this section must be paid to the commissioner by 106.10 January 30 of each year. The revenue derived from the fee 106.11 imposed under this section shall be deposited in the 106.12 environmental fund and is exempt from section 16A.1285. 106.13 (b) Notwithstanding paragraph (a), for the purposes of 106.14 performance-based individual sewage treatment systems, the tank 106.15 fee is limited to $25 per household system installation. 106.16 Sec. 119. Minnesota Statutes 2004, section 115A.03, 106.17 subdivision 21, is amended to read: 106.18 Subd. 21. [MIXED MUNICIPAL SOLID WASTE.] (a) "Mixed 106.19 municipal solid waste" means garbage, refuse, and other solid 106.20 waste from residential, commercial, industrial, and community 106.21 activities that the generator of the waste aggregates for 106.22 collection, except as provided in paragraph (b). 106.23 (b) Mixed municipal solid waste does not include auto 106.24 hulks, street sweepings, ash, construction debris, mining waste, 106.25 sludges, tree and agricultural wastes, tires, lead acid 106.26 batteries, motor and vehicle fluids and filters, and other 106.27 materials collected, processed, and disposed of as separate 106.28 waste streams, but does include source-separatedcompostable106.29 organic materials. 106.30 Sec. 120. Minnesota Statutes 2004, section 115A.03, 106.31 subdivision 32a, is amended to read: 106.32 Subd. 32a. [SOURCE-SEPARATED COMPOSTABLE MATERIALS.] 106.33 "Source-separatedcompostableorganic materials" means mixed 106.34 municipal solid waste that: 106.35 (1) is separated at the source by waste generators for the 106.36 purpose of preparing it for use as food for animals, or compost; 107.1 (2) is collected separately from other mixed municipal 107.2 solid wastes; 107.3 (3) is comprised of food wastes, fish and animal waste, 107.4 plant materials, yard waste, diapers, sanitary products, and 107.5 paper that is not recyclable because the director has determined 107.6 that no other person is willing to accept the paper for 107.7 recycling; and 107.8 (4)is delivered to a facility to undergoundergoes one of 107.9 the following processes: 107.10 (i) controlled microbial degradation to yield a humus-like 107.11 product meeting the agency's class I or class II, or equivalent, 107.12 compost standards and where process residues do not exceed 15 107.13 percent by weight of the total material delivered to the 107.14 facility; or 107.15 (ii) controlled packaging separation followed by (A) 107.16 treatment, including heating and drying the material to less 107.17 than ten percent moisture, to insure that it meets the 107.18 requirements of chapter 25 to be sold as commercial feed; or (B) 107.19 treatment in accordance with Minnesota Rules, part 1720.0930, to 107.20 allow its use as food for livestock and poultry. 107.21 Sec. 121. Minnesota Statutes 2004, section 115A.072, 107.22 subdivision 1, is amended to read: 107.23 Subdivision 1. [ENVIRONMENTAL EDUCATION ADVISORY BOARD.] 107.24 (a) The director shall provide for the development and 107.25 implementation of environmental education programs that are 107.26 designed to meet the goals listed in section 115A.073. 107.27 (b) The Environmental Education Advisory Board shall advise 107.28 the director in carrying out the director's responsibilities 107.29 under this section. The board consists of 20 members as follows: 107.30 (1) a representative of the Pollution Control Agency, 107.31 appointed by the commissioner of the agency; 107.32 (2) a representative of the Department of Education, 107.33 appointed by the commissioner of education; 107.34 (3) a representative of the Department of Agriculture, 107.35 appointed by the commissioner of agriculture; 107.36 (4) a representative of the Department of Health, appointed 108.1 by the commissioner of health; 108.2 (5) a representative of the Department of Natural 108.3 Resources, appointed by the commissioner of natural resources; 108.4 (6) a representative of the Board of Water and Soil 108.5 Resources, appointed by that board; 108.6 (7) a representative of the Environmental Quality Board, 108.7 appointed by that board; 108.8 (8) a representative of the Board of Teaching, appointed by 108.9 that board; 108.10 (9) a representative of the University of Minnesota 108.11 Extension Service, appointed by the director of the service; 108.12 (10) a citizen member from each congressional district, of 108.13 which two must be licensed teachers currently teaching in the 108.14 K-12 system, appointed by the director; and 108.15 (11) three at-large citizen members, appointed by the 108.16 director. 108.17 The citizen members shall serve two-year terms. Compensation of 108.18 board members is governed by section 15.059, subdivision 6. The 108.19 board expires on June 30,20032008. 108.20 Sec. 122. Minnesota Statutes 2004, section 115A.12, is 108.21 amended to read: 108.22 115A.12 [ADVISORY COUNCILS.] 108.23 (a) The director shall establisha Solid Waste Management108.24Advisory Council and a Prevention, Reduction, and Recyclingan 108.25 Environmental Innovations Advisory Council thatareis broadly 108.26 representative of the geographic areas and interests of the 108.27 state. 108.28(b) The solid waste council shall have not less than nine108.29nor more than 21 members. The membership of the solid waste108.30council shall consist of one-third citizen representatives,108.31one-third representatives from local government units, and108.32one-third representatives from private solid waste management108.33firms. The solid waste council shall contain at least three108.34members experienced in the private recycling industry and at108.35least one member experienced in each of the following areas:108.36state and municipal finance; solid waste collection, processing,109.1and disposal; and solid waste reduction and resource recovery.109.2(c)(b) ThePrevention, Reduction, and Recycling109.3 Environmental Innovations Advisory Council shall have not less 109.4 than ninenoror more than 24 members. The membership shall 109.5 consist ofone-thirdcitizenrepresentatives,one-third109.6representatives ofgovernment, institutional, andone-third109.7representatives ofbusinessand industryrepresentatives.The109.8director may appoint nonvoting members from other environmental109.9and business assistance providers in the state.109.10(d)(c) Thechairschair of the advisorycouncils109.11 council shall be appointed by the director. The director shall 109.12 provide administrative and staff services for the advisory 109.13councilscouncil. The advisorycouncilscouncil shall have such 109.14 duties as are assigned by law or the director. TheSolid Waste109.15Advisory Council shall make recommendations to the office on its109.16solid waste management activities. The Prevention, Reduction,109.17and RecyclingEnvironmental Innovations Advisory Council shall 109.18 make recommendations to the office on policy, programs, and 109.19 legislation in pollution prevention, waste reduction, reuseand, 109.20 recycling, and resource conservation, and the management of109.21hazardous waste. The Environmental Innovations Advisory Council 109.22 shall focus on developing and implementing innovative programs 109.23 that improve Minnesota's environment by emphasizing front-end 109.24 preventative, and resource conservation approaches to preventing 109.25 waste and pollution. The council shall emphasize partnerships 109.26 of government, citizens, institutions, and business to develop 109.27 and implement these programs. Members of the advisorycouncils109.28 council shall serve without compensation but shall be reimbursed 109.29 for their reasonable expenses as determined by the director. 109.30 Notwithstanding section 15.059, subdivision 5, theSolid Waste109.31Management Advisory Council and the Prevention, Reduction, and109.32RecyclingEnvironmental Innovations Advisory Councilexpire109.33 expires June 30,20032009. 109.34 Sec. 123. Minnesota Statutes 2004, section 115A.545, 109.35 subdivision 1, is amended to read: 109.36 Subdivision 1. [DEFINITION.] (a) For the purpose of this 110.1 section, the following terms have the meanings given them. 110.2 (b) "Processed" means mixed municipal solid waste that has 110.3 been: 110.4 (1) burned for energy recovery;or110.5 (2) recovered for animals; or 110.6 (3) processed into usable compost or refuse derived fuel. 110.7 (c) "Processing facility" means a facility designed to burn 110.8 mixed municipal solid waste for energy recovery or designed to 110.9 process mixed municipal solid waste into usable compost or 110.10 refuse-derived fuel. 110.11 (d) "County" includes a consortium of counties operating 110.12 under a solid waste management joint powers agreement. 110.13 Sec. 124. Minnesota Statutes 2004, section 115A.929, is 110.14 amended to read: 110.15 115A.929 [FEES; ACCOUNTING.] 110.16 Each political subdivision that provides for solid waste 110.17 management shall account for all revenue collected from waste 110.18 management fees, together with interest earned on revenue from 110.19 the fees, separately from other revenue collected by the 110.20 political subdivision and shall report revenue collected from 110.21 the fees and use of the revenue separately from other revenue 110.22 and use of revenue in any required financial report or audit. 110.23Each political subdivision must file with the director, on or110.24before June 30 annually, the separate report of all revenue110.25collected from waste management fees, together with interest on110.26revenue from the fees, for the previous year.For the purposes 110.27 of this section, "waste management fees" means: 110.28 (1) all fees, charges, and surcharges collected under 110.29 sections 115A.919, 115A.921, and 115A.923; 110.30 (2) all tipping fees collected at waste management 110.31 facilities owned or operated by the political subdivision; 110.32 (3) all charges imposed by the political subdivision for 110.33 waste collection and management services; and 110.34 (4) any other fees, charges, or surcharges imposed on waste 110.35 or for the purpose of waste management, whether collected 110.36 directly from generators or indirectly through property taxes or 111.1 as part of utility or other charges for services provided by the 111.2 political subdivision. 111.3 Sec. 125. Minnesota Statutes 2004, section 116P.02, is 111.4 amended by adding a subdivision to read: 111.5 Subd. 4a. [COUNCIL.] "Council" means the Minnesota 111.6 Conservation Heritage Council. 111.7 [EFFECTIVE DATE.] This section is effective the day 111.8 following final enactment. 111.9 Sec. 126. Minnesota Statutes 2004, section 116P.03, is 111.10 amended to read: 111.11 116P.03 [TRUST FUND NOT TO SUPPLANT EXISTING FUNDING.] 111.12(a)The trust fund may not be used as a substitute for 111.13 traditional sources of funding environmental and natural 111.14 resources activities, but the trust fund shall supplement the 111.15 traditional sources, including those sources used to support the 111.16 criteria in section 116P.08, subdivision11a. The trust fund 111.17 must be used primarily to support activities whose benefits 111.18 become available only over an extended period of time. 111.19(b) The commission must determine the amount of the state111.20budget spent from traditional sources to fund environmental and111.21natural resources activities before and after the trust fund is111.22established and include a comparison of the amount in the report111.23under section 116P.09, subdivision 7.111.24 [EFFECTIVE DATE.] This section is effective the day 111.25 following final enactment. 111.26 Sec. 127. Minnesota Statutes 2004, section 116P.04, 111.27 subdivision 5, is amended to read: 111.28 Subd. 5. [AUDITS REQUIRED.] The legislative auditor shall 111.29 audit trust fund expenditures to ensure that the money is spent 111.30 for the purposes provided inthe commission's budget planthe 111.31 Minnesota Constitution, article XI, section 14, and the 111.32 council's strategic plan developed under section 116P.08. In 111.33 addition, the legislative auditor shall audit the books and 111.34 records of the council on an annual basis under sections 3.971 111.35 and 3.972, subject to the resources of the legislative auditor, 111.36 to ensure that the expenditures and operations of the council 112.1 are consistent with the requirements of this chapter. The 112.2 legislative auditor may recoup the expenses for audits under 112.3 this subdivision from amounts available to the council under 112.4 section 116P.061, subdivision 6. 112.5 [EFFECTIVE DATE.] This section is effective the day 112.6 following final enactment. 112.7 Sec. 128. Minnesota Statutes 2004, section 116P.05, 112.8 subdivision 2, is amended to read: 112.9 Subd. 2. [DUTIES.] (a) The commission shall recommend a 112.10 budget plan for expenditures from the environment and natural 112.11 resources trust fund and shall adopt a strategic plan as 112.12 provided in section 116P.08. 112.13 (b) The commission shall recommend expenditures to the 112.14 legislature from the state land and water conservation account 112.15 in the natural resources fund. 112.16 (c) It is a condition of acceptance of the appropriations 112.17 made from the Minnesota environment and natural resources trust 112.18 fund, and oil overcharge money under section 4.071, subdivision 112.19 2, that the agency or entity receiving the appropriation must 112.20 submit a work program and semiannual progress reports in the 112.21 form determined by the Legislative Commission on Minnesota 112.22 Resources, and comply with applicable reporting requirements 112.23 under section 116P.16. None of the money provided may be spent 112.24 unless the commission has approved the pertinent work program. 112.25 (d) The peer review panel created under section 116P.08 112.26 must also review, comment, and report to the commission on 112.27 research proposals applying for an appropriation from the oil 112.28 overcharge money under section 4.071, subdivision 2. 112.29 (e) The commission may adopt operating procedures to 112.30 fulfill its duties under chapter 116P. 112.31 [EFFECTIVE DATE.] This section is effective for interests 112.32 in land acquired after June 30, 2005. 112.33 Sec. 129. [116P.061] [MINNESOTA CONSERVATION HERITAGE 112.34 COUNCIL.] 112.35 Subdivision 1. [MEMBERSHIP.] (a) The Minnesota 112.36 Conservation Heritage Council is created pursuant to section 113.1 15.012, paragraph (a), and is governed by a council of 11 113.2 members. The terms of members are six years and until their 113.3 successors have been appointed. Each member shall be appointed 113.4 by the governor with the advice and consent of the senate. Not 113.5 more than six members shall belong to the same political party. 113.6 The governor shall select at least one member from each 113.7 congressional district. 113.8 (b) To be eligible for appointment to the council, a 113.9 prospective member must demonstrate expertise and experience in 113.10 the science, policy, or practice of the protection, 113.11 conservation, preservation, and enhancement of the state's air, 113.12 water, land, fish, wildlife, and other natural resources. Prior 113.13 service on multimember boards with grant-making responsibilities 113.14 or prior experience in the management of a business enterprise 113.15 is also recommended. 113.16 (c) Except as provided in this section, the terms, 113.17 compensation, and removal of members and filling of vacancies on 113.18 the council shall be as provided in section 15.0575. A member 113.19 may be removed from the council upon a supermajority of eight 113.20 votes in favor of the removal of that member. 113.21 Subd. 2. [CHAIR; VICE CHAIR.] The governor shall select a 113.22 member to serve as chair for a term concurrent with that of the 113.23 governor. If a vacancy occurs in the position of chair, the 113.24 governor shall select a new chair to complete the unexpired 113.25 term. The chair shall be the principal executive officer of the 113.26 council and shall preside at meetings of the council. The chair 113.27 shall organize the work of the council and may make assignments 113.28 to members, appoint committees, and give direction to the 113.29 staff. The members of the council shall select a vice chair. 113.30 Subd. 3. [QUORUM.] Except when otherwise specified, a 113.31 majority of the council shall constitute a quorum and the act or 113.32 decision of a majority of members present, if at least a quorum 113.33 is present, shall be the act or decision of the council. If a 113.34 vacancy exists on the council, a majority of the remaining 113.35 members constitutes a quorum. A supermajority of eight members 113.36 in favor is required for: (1) hiring or removing an executive 114.1 director for the council, if any; or (2) using funds for debt 114.2 service on bonds. 114.3 Subd. 4. [GIFTS.] The council may accept and use grants of 114.4 money or property from the United States or other grantors for 114.5 any purpose pertaining to the activities of the council. Any 114.6 money or property so received is appropriated and dedicated for 114.7 the purposes for which it is granted and shall be expended or 114.8 used solely for such purposes according to federal laws and 114.9 regulations pertaining thereto, subject to applicable state laws 114.10 and rules as to manner of expenditure or use. The council may 114.11 make subgrants of any money received to other agencies, units of 114.12 local government, private individuals, private organizations, 114.13 and private nonprofit corporations. Appropriate funds and 114.14 accounts shall be maintained by the commissioner of finance to 114.15 comply with this section. Lands and interests in lands received 114.16 may be sold or exchanged according to chapter 94. 114.17 [EFFECTIVE DATE.] This section is effective the day 114.18 following final enactment. 114.19 Sec. 130. Minnesota Statutes 2004, section 116P.07, is 114.20 amended to read: 114.21 116P.07 [INFORMATION GATHERING.] 114.22 Subdivision 1. [PUBLIC FORUMS.] Thecommissioncouncil may 114.23 convene public forums or employ other methods to gather 114.24 information for establishing priorities for funding. 114.25 Subd. 2. [TECHNICAL ADVISORY COMMITTEE.] The council shall 114.26 make use of available expertise from educational, research, and 114.27 technical organizations, and state and federal environmental 114.28 agencies, including the University of Minnesota and other higher 114.29 education institutions, to provide appropriate independent 114.30 expert advice on identifying natural resource priorities during 114.31 development of the strategic plan provided for in section 114.32 116P.08. The technical advisory committee shall also review 114.33 funding proposals and advise the council on funding 114.34 recommendations. The council shall appoint the technical 114.35 advisory committee and designate a chair. Compensation of 114.36 advisory committee members is governed by section 15.059, 115.1 subdivision 3. 115.2 Subd. 3. [STATE AGENCY LONG-TERM PRIORITIES.] State 115.3 agencies with environmental programs and responsibilities shall 115.4 submit long-term priorities based on agency plans to the 115.5 council. The council may integrate agency long-term priorities 115.6 into the development of its strategic plan as provided for in 115.7 section 116P.08. 115.8 Subd. 4. [PUBLIC PRIORITIES.] The council shall ask 115.9 conservation and environmental organizations to submit their 115.10 long-term priorities and plans to the council, which may be 115.11 integrated into the council's strategic plan as provided for in 115.12 section 116P.08. 115.13 [EFFECTIVE DATE.] This section is effective the day 115.14 following final enactment. 115.15 Sec. 131. Minnesota Statutes 2004, section 116P.08, is 115.16 amended by adding a subdivision to read: 115.17 Subd. 1a. [APPROPRIATION AND EXPENDITURES.] (a) For the 115.18 fiscal biennium beginning July 1, 2007, and each biennium 115.19 thereafter, the amount of the environment and natural resources 115.20 trust fund that is available for appropriation under the terms 115.21 of the Minnesota Constitution, article XI, section 14, shall be 115.22 appropriated by a law passed by the legislature and signed by 115.23 the governor to the council for expenditures to be made 115.24 according to the provisions of this section. 115.25 (b) The amount appropriated from the environment and 115.26 natural resources trust fund may be spent only for the public 115.27 purpose of protection, conservation, preservation, and 115.28 enhancement of the state's air, water, land, fish, wildlife, and 115.29 other natural resources. Expenditures made by the council under 115.30 this section must be consistent with the Minnesota Constitution, 115.31 article XI, section 14, and the strategic plan adopted under 115.32 subdivision 3 and must demonstrate a direct benefit to the 115.33 state's natural resources. 115.34 [EFFECTIVE DATE.] This section is effective the day 115.35 following final enactment. 115.36 Sec. 132. Minnesota Statutes 2004, section 116P.08, is 116.1 amended by adding a subdivision to read: 116.2 Subd. 1b. [WORK PROGRAM; PROGRESS REPORTS.] It is a 116.3 condition of acceptance of the appropriations made from the 116.4 Minnesota environment and natural resources trust fund that the 116.5 agency or entity receiving the appropriation must submit a work 116.6 program and semiannual progress reports in the form determined 116.7 by the council. None of the money provided may be spent unless 116.8 the council has approved the pertinent work program. 116.9 [EFFECTIVE DATE.] This section is effective the day 116.10 following final enactment. 116.11 Sec. 133. Minnesota Statutes 2004, section 116P.08, 116.12 subdivision 3, is amended to read: 116.13 Subd. 3. [STRATEGIC PLAN REQUIRED.] (a) Thecommission116.14 council shall adopt a strategic plan for making expenditures 116.15 from the trust fund, including identifying the priority areas 116.16 for funding for the nextsixten years. The strategic plan must 116.17 be updated every two years.The plan is advisory onlyThe 116.18 council shall make funding allocation decisions on at least an 116.19 annual basis. 116.20 (b) Thecommissioncouncil shall submit the plan, as a116.21recommendation,to thehouse of representatives Ways and Means116.22and senate Finance Committeeschairs of the house of 116.23 representatives and senate committees with jurisdiction over 116.24 environment and natural resources policy and finance by January 116.25115 of each odd-numbered year according to section 116P.09, 116.26 subdivision 7. 116.27(b) The commission may accept or modify the draft of the116.28strategic plan submitted to it by the advisory committee before116.29voting on the plan's adoption.116.30 [EFFECTIVE DATE.] This section is effective the day 116.31 following final enactment. 116.32 Sec. 134. Minnesota Statutes 2004, section 116P.08, 116.33 subdivision 5, is amended to read: 116.34 Subd. 5. [PUBLIC MEETINGS.] Alladvisory committee and116.35commissioncouncil meetings must be open to the public.The116.36commission shall attempt to meet at least once in each of the117.1state's congressional districts during each biennium.117.2 [EFFECTIVE DATE.] This section is effective the day 117.3 following final enactment. 117.4 Sec. 135. Minnesota Statutes 2004, section 116P.08, 117.5 subdivision 6, is amended to read: 117.6 Subd. 6. [PEER REVIEW.] (a) Research proposals must 117.7 include a stated purpose, timeline, potential outcomes, and an 117.8 explanation of the need for the research. All research 117.9 proposals must bereviewed by a peer review panelpeer-reviewed 117.10 before receiving an appropriation. Peer reviews shall be 117.11 considered by the council in evaluating a research project 117.12 proposal. The council shall establish a peer review panel under 117.13 subdivision 7 to assist its work. 117.14 (b)In conducting research proposal reviews, the peer117.15review panelA peer review report on a proposed research 117.16 project, prepared for a research proposal review, shall: 117.17 (1) comment on the methodology proposed and whether it can 117.18 be expected to yield appropriate and useful information and 117.19 data; and 117.20 (2) comment on the need for the research and about similar 117.21 existing information available, if any; and117.22(3) report to the commission and advisory committee on117.23clauses (1) and (2).117.24(c) The peer review panel also must review completed117.25research proposals that have received an appropriation and117.26comment and report upon whether the project reached the intended117.27goals. 117.28 [EFFECTIVE DATE.] This section is effective the day 117.29 following final enactment. 117.30 Sec. 136. Minnesota Statutes 2004, section 116P.08, 117.31 subdivision 7, is amended to read: 117.32 Subd. 7. [PEER REVIEW PANEL MEMBERSHIP.] (a) The peer 117.33 review panel must consist of at least five members who are 117.34 knowledgeable in general research methods in the areas of 117.35 environment and natural resources. Not more than two members of 117.36 the panel may be employees of state agencies in Minnesota. 118.1 (b) Thecommissioncouncil shall select a chair every two 118.2 years who shall be responsible for convening meetings of the 118.3 panel as often as is necessary to fulfill its duties as 118.4 prescribed in this section. Compensation of panel members is 118.5 governed by section 15.059, subdivision 3. 118.6 (c) The peer review panel must review completed research 118.7 proposals that have received an appropriation and comment and 118.8 report upon whether the project reached the intended goals. 118.9 [EFFECTIVE DATE.] This section is effective the day 118.10 following final enactment. 118.11 Sec. 137. Minnesota Statutes 2004, section 116P.09, is 118.12 amended to read: 118.13 116P.09 [ADMINISTRATION.] 118.14 Subdivision 1. [ADMINISTRATIVE AUTHORITY.] The 118.15commissioncouncil may appoint legal and other personnel and 118.16 consultants necessary to carry out functions and duties of 118.17 thecommissioncouncil. Permanent employees shall be in the 118.18 unclassified service. In addition, thecommissioncouncil may 118.19 request staff assistance and data from any other agency of state 118.20 government as needed for the execution of the responsibilities 118.21 of thecommission and advisory committeecouncil and an agency 118.22 must promptly furnish it. 118.23 Subd. 2. [LIAISON OFFICERS.] Thecommissioncouncil shall 118.24 request each department or agency head of all state agencies 118.25 with a direct interest and responsibility in any phase of 118.26 environment and natural resources to appoint, and the latter 118.27 shall appoint for the agency, a liaison officer who shall work 118.28 closely with thecommissioncouncil and its staff. 118.29 Subd. 3. [APPRAISAL AND EVALUATION.] Thecommission118.30 council shall obtain and appraise information available through 118.31 private organizations and groups, utilizing to the fullest 118.32 extent possible studies, data, and reports previously prepared 118.33 or currently in progress by public agencies, private 118.34 organizations, groups, and others, concerning future trends in 118.35 the protection, conservation, preservation, and enhancement of 118.36 the state's air, water, land, forests, fish, wildlife, native 119.1 vegetation, and other natural resources. Any data compiled by 119.2 thecommissioncouncil shall be made available to any standing 119.3 or interim committee of the legislature upon the request of the 119.4 chair of the respective committee. 119.5 Subd. 4. [PERSONNEL.] Persons who are employed by a state 119.6 agency to work on a project and are paid by an appropriation 119.7 from the trust fund are in the unclassified civil service, and 119.8 their continued employment is contingent upon the availability 119.9 of money from the appropriation. When the appropriation has 119.10 been spent, their positions must be canceled and the approved 119.11 complement of the agency reduced accordingly. Part-time 119.12 employment of persons for a project is authorized. The use of 119.13 classified employees is authorized when approved as part of the 119.14 work program required by section116P.05116P.08, subdivision2,119.15paragraph (c)1b. 119.16 Subd. 5. [ADMINISTRATIVE EXPENSE.] The prorated expenses 119.17 related tocommissioncouncil administration of the trust fund 119.18 may not exceed an amount equal to four percent of the amount 119.19 available for appropriation of the trust fund for the biennium. 119.20 Subd. 6. [CONFLICT OF INTEREST.] (a) Acommissioncouncil 119.21 member,advisory committee member,a peer review panelist, or an 119.22 employee of thecommissioncouncil may not participate in or 119.23 vote on a decision of thecommission, advisory119.24committee,council or a peer review panel relating to an 119.25 organization in which the member, panelist, or employee has 119.26 either a direct or indirect personal financial interest. While 119.27 serving on thelegislative commission, advisory committee,119.28 council or peer review panel,orbeingwhile an employee of 119.29 thecommissioncouncil, a person shall avoid any potential 119.30 conflict of interest. A conflict of interest exists if the 119.31 person: 119.32 (1) would receive a direct or indirect personal financial 119.33 benefit from an entity proposing a project for funding by the 119.34 council or from a proposal under review for funding by the 119.35 council; 119.36 (2) serves as an employee, consultant, or governing board 120.1 member of an entity proposing a project for funding by the 120.2 council; or 120.3 (3) has a family relationship with a project proposer or a 120.4 staff or board member of an entity proposing a project for 120.5 funding by the council. 120.6 (b) The council must develop procedures to identify a 120.7 conflict of interest during the initial proposal review 120.8 process. If a conflict is found to exist, the person must 120.9 notify the council in writing and may not advocate for or 120.10 against the proposal or vote on the proposal. 120.11 Subd. 7. [REPORT REQUIRED.] Thecommissioncouncil shall, 120.12 by January 15 of each odd-numbered year, submit a report to the 120.13 governor, the chairs of the house of representatives 120.14 appropriations and senate finance committees, and the chairs of 120.15 the house of representatives and senate committeesonwith 120.16 jurisdiction over environment and natural resources policy and 120.17 finance. Copies of the report must be available to the public. 120.18 The report must include a summary of the council's conservation 120.19 achievements during the reporting period and: 120.20 (1) a copy of the current strategic plan; 120.21 (2) a description of each project receiving money from the 120.22 trust fund during the preceding biennium and how the project 120.23 relates to the constitutional dedication of the trust fund and 120.24 to the council's current strategic plan; 120.25 (3) a summary of any research project completed in the 120.26 preceding biennium; 120.27 (4) recommendations to implement successful projects and 120.28 programs into a state agency's standard operations; 120.29 (5) to the extent known by thecommissioncouncil, 120.30 descriptions of the projects anticipated to be supported by the 120.31 trust fund during the next biennium; 120.32 (6) the source and amount of all revenues collected and 120.33 distributed by thecommissioncouncil, including all 120.34 administrative and other expenses; 120.35 (7) a description of the assets and liabilities of the 120.36 trust fund; 121.1 (8) any findings or recommendations that are deemed proper 121.2 to assist the legislature in formulating legislation; 121.3 (9) a list of all gifts and donations with a value over 121.4 $1,000; 121.5 (10) a comparison of the amounts spent by the state for 121.6 environment and natural resources activities through the most 121.7 recent fiscal year; and 121.8 (11) a copy of the most recent compliance audit. 121.9 [EFFECTIVE DATE.] This section is effective the day 121.10 following final enactment. 121.11 Sec. 138. Minnesota Statutes 2004, section 116P.10, is 121.12 amended to read: 121.13 116P.10 [ROYALTIES, COPYRIGHTS, PATENTS.] 121.14 This section applies to projects supported by the trust 121.15 fund and the oil overcharge money referred to in section 4.071, 121.16 subdivision 2, each of which is referred to in this section as a 121.17 "fund." The trust fund owns and shall take title to the 121.18 percentage of a royalty, copyright, or patent resulting from a 121.19 project supported by the trust fund equal to the percentage of 121.20 the project's total funding provided by the trust fund. Cash 121.21 receipts resulting from a royalty, copyright, or patent, or the 121.22 sale of the trust fund's rights to a royalty, copyright, or 121.23 patent, must be credited immediately to the principal of 121.24 the trust fund. Receipts from Minnesota future resources fund 121.25 projects must be credited to the trust fund. Before the council 121.26 decides to fund a projectis included in the budget plan, 121.27 thecommissioncouncil may vote to relinquish the ownership or 121.28 rights to a royalty, copyright, or patent resulting from a 121.29 project supported by the trust fund to the project's proposer 121.30 when the amount of the original grant or loan, plus interest, 121.31 has been repaid to the trust fund. 121.32 [EFFECTIVE DATE.] This section is effective the day 121.33 following final enactment. 121.34 Sec. 139. Minnesota Statutes 2004, section 116P.11, is 121.35 amended to read: 121.36 116P.11 [AVAILABILITY OF FUNDS FOR DISBURSEMENT.] 122.1 (a) The amount biennially available from the trust fund for 122.2 the budget plan developed by thecommissioncouncil is as 122.3 defined in the Minnesota Constitution, article XI, section 14. 122.4 (b) Any appropriated funds not encumbered in the biennium 122.5 in which they are appropriated cancel and must be credited to 122.6 the principal of the trust fund. 122.7 [EFFECTIVE DATE.] This section is effective the day 122.8 following final enactment. 122.9 Sec. 140. Minnesota Statutes 2004, section 116P.12, 122.10 subdivision 2, is amended to read: 122.11 Subd. 2. [APPLICATION AND ADMINISTRATION.] (a) The 122.12commissioncouncil must adopt a procedure for the issuance of 122.13 the water system improvement loans by the Public Facilities 122.14 Authority. 122.15 (b) Thecommissioncouncil also must ensure that the loans 122.16 are administered according to its fiduciary standards and 122.17 requirements. 122.18 [EFFECTIVE DATE.] This section is effective the day 122.19 following final enactment. 122.20 Sec. 141. Minnesota Statutes 2004, section 116P.15, 122.21 subdivision 2, is amended to read: 122.22 Subd. 2. [RESTRICTIONS; MODIFICATION PROCEDURE.] (a) An 122.23 interest in real property acquired with an appropriation from 122.24 the trust fund or the Minnesota future resources fund must be 122.25 used in perpetuity or for the specific term of an easement 122.26 interest for the purpose for which the appropriation was made. 122.27 (b) A recipient of funding who acquires an interest in real 122.28 property subject to this section may not alter the intended use 122.29 of the interest in real property or convey any interest in the 122.30 real property acquired with the appropriation without the prior 122.31 review and approval of thecommissioncouncil. Thecommission122.32 council shall establish procedures to review requests from 122.33 recipients to alter the use of or convey an interest in real 122.34 property. These procedures shall allow for the replacement of 122.35 the interest in real property with another interest in real 122.36 property meeting the following criteria: 123.1 (1) the interest is at least equal in fair market value, as 123.2 certified by the commissioner of natural resources, to the 123.3 interest being replaced; and 123.4 (2) the interest is in a reasonably equivalent location, 123.5 and has a reasonably equivalent usefulness compared to the 123.6 interest being replaced. 123.7 (c) A recipient of funding who acquires an interest in real 123.8 property under paragraph (a) must separately record a notice of 123.9 funding restrictions in the appropriate local government office 123.10 where the conveyance of the interest in real property is filed. 123.11 The notice of funding agreement must contain: 123.12 (1) a legal description of the interest in real property 123.13 covered by the funding agreement; 123.14 (2) a reference to the underlying funding agreement; 123.15 (3) a reference to this section; and 123.16 (4) the following statement: 123.17 "This interest in real property shall be administered in 123.18 accordance with the terms, conditions, and purposes of the grant 123.19 agreement or work program controlling the acquisition of the 123.20 property. The interest in real property, or any portion of the 123.21 interest in real property, shall not be sold, transferred, 123.22 pledged, or otherwise disposed of or further encumbered without 123.23 obtaining the prior written approval of theLegislative123.24Commission on Minnesota Resourcescouncil or its successor. If 123.25 the holder of the interest in real property fails to comply with 123.26 the terms and conditions of the grant agreement or work program, 123.27 ownership of the interest in real property shall transfer to 123.28 this state." 123.29 [EFFECTIVE DATE.] This section is effective the day 123.30 following final enactment. 123.31 Sec. 142. [116P.16] [REAL PROPERTY INTEREST REPORT.] 123.32 By December 1 each year, a recipient of an appropriation 123.33 from the trust fund, that is used for the acquisition of an 123.34 interest in real property, must submit annual reports on the 123.35 status of the real property to the Legislative Commission on 123.36 Minnesota Resources in a form determined by the commission. The 124.1 responsibility for reporting under this section may be 124.2 transferred by the recipient of the appropriation to another 124.3 person who holds the interest in the real property. To complete 124.4 the transfer of reporting responsibility, the recipient of the 124.5 appropriation must: 124.6 (1) inform the person to whom the responsibility is 124.7 transferred of that person's reporting responsibility; 124.8 (2) inform the person to whom the responsibility is 124.9 transferred of the property restrictions under section 116P.15; 124.10 and 124.11 (3) provide written notice to the commission of the 124.12 transfer of reporting responsibility, including contact 124.13 information for the person to whom the responsibility is 124.14 transferred. 124.15 After the transfer, the person who holds the interest in the 124.16 real property is responsible for reporting requirements under 124.17 this section. 124.18 [EFFECTIVE DATE.] This section is effective for interests 124.19 in land acquired after June 30, 2005. 124.20 Sec. 143. Minnesota Statutes 2004, section 168.1296, 124.21 subdivision 1, is amended to read: 124.22 Subdivision 1. [GENERAL REQUIREMENTS AND PROCEDURES.] (a) 124.23 The registrar shall issue special critical habitat license 124.24 plates to an applicant who: 124.25 (1) is an owner or joint owner of a passenger automobile, 124.26 pickup truck, or van or of recreational equipment; 124.27 (2) pays a fee of $10 to cover the costs of handling and 124.28 manufacturing the plates; 124.29 (3) pays the registration tax required under section 124.30 168.013; 124.31 (4) pays the fees required under this chapter; 124.32 (5) contributes a minimum of $30 annually to the Minnesota 124.33 critical habitat private sector matching account established in 124.34 section 84.943; and 124.35 (6) complies with laws and rules governing registration and 124.36 licensing of vehicles and drivers. 125.1 (b) The critical habitat license application form must 125.2 clearly indicate that the annual contribution specified under 125.3 paragraph (a), clause (5), is a minimum contribution to receive 125.4 the license plate and that the applicant may make an additional 125.5 contribution to the account. 125.6 (c) Owners of recreational equipment under paragraph (a), 125.7 clause (1), are eligible only for special critical habitat 125.8 license plates for which the designs are approved by the 125.9 commissioner on or after January 1, 2006. 125.10 (d) Special critical habitat license plates, the designs 125.11 for which are approved by the commissioner on or after January 125.12 1, 2006, may be personalized according to section 168.12, 125.13 subdivision 2a. 125.14 Sec. 144. Minnesota Statutes 2004, section 169A.63, 125.15 subdivision 6, is amended to read: 125.16 Subd. 6. [VEHICLE SUBJECT TO FORFEITURE.] (a) A motor 125.17 vehicle is subject to forfeiture under this section if it was 125.18 used in the commission of a designated offense or was used in 125.19 conduct resulting in a designated license revocation. 125.20 (b) Motorboats subject to seizure and forfeiture under this 125.21 section also include their trailers. 125.22 Sec. 145. Minnesota Statutes 2004, section 216B.2424, 125.23 subdivision 1, is amended to read: 125.24 Subdivision 1. [FARM-GROWN CLOSED-LOOP BIOMASS.] (a) For 125.25 the purposes of this section, "farm-grown closed-loop biomass" 125.26 means biomass, as defined in section 216C.051, subdivision 7, 125.27 that: 125.28 (1) is intentionally cultivated, harvested, and prepared 125.29 for use, in whole or in part, as a fuel for the generation of 125.30 electricity; 125.31 (2) when combusted, releases an amount of carbon dioxide 125.32 that is less than or approximately equal to the carbon dioxide 125.33 absorbed by the biomass fuel during its growing cycle; and 125.34 (3) is fired in a new or substantially retrofitted electric 125.35 generating facility that is: 125.36 (i) located within 400 miles of the site of the biomass 126.1 production; and 126.2 (ii) designed to use biomass to meet at least 75 percent of 126.3 its fuel requirements. 126.4 (b) The legislature finds that the negative environmental 126.5 impacts within 400 miles of the facility resulting from 126.6 transporting and combusting the biomass are offset in that 126.7 region by the environmental benefits to air, soil, and water of 126.8 the biomass production. 126.9 (c) Among the biomass fuel sources that meet the 126.10 requirements of paragraph (a),clauseclauses (1) and (2) are 126.11 poplar, aspen, willow, switch grass, sorghum, alfalfa,and126.12 cultivated prairie grass and sustainably managed woody biomass. 126.13 (d) For the purpose of this section, "sustainably managed 126.14 woody biomass" means: 126.15 (1) brush, trees, and other biomass harvested from within 126.16 designated utility, railroad, and road rights-of-way; 126.17 (2) upland and lowland brush harvested from lands 126.18 incorporated into brushland habitat management activities of the 126.19 Minnesota Department of Natural Resources; 126.20 (3) upland and lowland brush harvested from lands managed 126.21 in accordance with Minnesota Department of Natural Resources 126.22 "Best Management Practices for Managing Brushlands"; 126.23 (4) logging slash or waste wood that is created by harvest, 126.24 precommercial timber stand improvement to meet silvicultural 126.25 objectives, or by fire, disease, or insect control treatments, 126.26 and that is managed in compliance with the Minnesota Forest 126.27 Resources Council's "Sustaining Minnesota Forest Resources: 126.28 Voluntary Site-Level Forest Management Guidelines for 126.29 Landowners, Loggers and Resource Managers" as modified by the 126.30 requirement of this subdivision; and 126.31 (5) trees or parts of trees that do not meet the 126.32 utilization standards for pulpwood, posts, bolts, or sawtimber 126.33 as described in the Minnesota Department of Natural Resources 126.34 Division of Forestry Timber Sales Manual, 1998, as amended as of 126.35 May 1, 2005, and the Minnesota Department of Natural Resources 126.36 Timber Scaling Manual, 1981, as amended as of May 1, 2005, 127.1 except as provided in paragraph (a), clause (1), and this 127.2 paragraph, clauses (1) to (3). 127.3 Sec. 146. Minnesota Statutes 2004, section 216B.2424, is 127.4 amended by adding a subdivision to read: 127.5 Subd. 1a. [MUNICIPAL WASTE-TO-ENERGY PROJECT.] (a) This 127.6 subdivision applies only to a biomass project owned or 127.7 controlled, directly or indirectly, by two municipal utilities 127.8 as described in subdivision 5a, paragraph (b). 127.9 (b) Woody biomass from state-owned land must be harvested 127.10 in compliance with an adopted management plan and a program of 127.11 ecologically based third-party certification. 127.12 (c) The project must prepare a fuel plan on an annual basis 127.13 after commercial operation of the project as described in the 127.14 power contract between the project and the public utility, and 127.15 must also prepare annually certificates reflecting the types of 127.16 fuel used in the preceding year by the project, as described in 127.17 the power contract. The fuel plans and certificates shall also 127.18 be filed with the Minnesota Department of Natural Resources and 127.19 the Minnesota Department of Commerce within 30 days after being 127.20 provided to the public utility, as provided by the power 127.21 contract. Any person who believes the fuel plans, as amended, 127.22 and certificates show that the project does not or will not 127.23 comply with the fuel requirements of this subdivision may file a 127.24 petition with the commission seeking such a determination. 127.25 (d) The wood procurement process must utilize third-party 127.26 audit certification systems to verify that applicable best 127.27 management practices were utilized in the procurement of the 127.28 sustainably managed biomass. If there is a failure to so verify 127.29 in any two consecutive years during the original contract term, 127.30 the farm-grown closed-loop biomass requirements of subdivision 2 127.31 must be increased to 50 percent for the remaining contract term 127.32 period; however, if in two consecutive subsequent years after 127.33 the increase has been implemented, it is verified that the 127.34 conditions in this subdivision have been met, then for the 127.35 remaining original contract term the closed-loop biomass mandate 127.36 reverts to 25 percent. If there is a subsequent failure to 128.1 verify in a year after the first failure and implementation of 128.2 the 50 percent requirement, then the closed-loop percentage 128.3 shall remain at 50 percent for each remaining year of the 128.4 contract term. 128.5 (e) In the closed-loop plantation, no transgenic plants may 128.6 be used. 128.7 (f) No wood may be harvested from any lands identified by 128.8 the final or preliminary Minnesota County Biological Survey as 128.9 having statewide significance as native plant communities, large 128.10 populations or concentrations of rare species, or critical 128.11 animal habitat. 128.12 (g) A wood procurement plan must be prepared every five 128.13 years and public meetings must be held and written comments 128.14 taken on the plan and documentation must be provided on why or 128.15 why not the public inputs were used. 128.16 (h) Guidelines or best management practices for sustainably 128.17 managed woody biomass must be adopted by: 128.18 (1) the Minnesota Department of Natural Resources for 128.19 managing and maintaining brushland and open land habitat on 128.20 public and private lands, including, but not limited to, 128.21 provisions of sections 84.941, 84.942, and 97A.125; and 128.22 (2) the Minnesota Forest Resources Council for logging 128.23 slash, using the most recent available scientific information 128.24 regarding the removal of woody biomass from forest lands, to 128.25 sustain the management of forest resources as defined by section 128.26 89.001, subdivisions 8 and 9, with particular attention to soil 128.27 productivity, biological diversity as defined by section 89A.01, 128.28 subdivision 3, and wildlife habitat. 128.29 These guidelines must be completed by July 1, 2007, and the 128.30 process of developing them must incorporate public notification 128.31 and comment. 128.32 (i) The University of Minnesota Initiative for Renewable 128.33 Energy and the Environment is encouraged to solicit and fund 128.34 high-quality research projects to develop and consolidate 128.35 scientific information regarding the removal of woody biomass 128.36 from forest and brush lands, with particular attention to the 129.1 environmental impacts on soil productivity, biological 129.2 diversity, and sequestration of carbon. The results of this 129.3 research shall be made available to the public. 129.4 (j) The two utilities owning or controlling, directly or 129.5 indirectly, the biomass project described in subdivision 5a, 129.6 paragraph (b), fund or obtain funding of $150,000 by April 1, 129.7 2006, to complete the guidelines or best management practices 129.8 described in paragraph (h). The expenditures to be funded under 129.9 this paragraph do not include any of the expenditures to be 129.10 funded under paragraph (i). 129.11 Sec. 147. Minnesota Statutes 2004, section 216B.2424, 129.12 subdivision 2, is amended to read: 129.13 Subd. 2. [INTERIM EXEMPTION.] (a) A biomass project 129.14 proposing to use, as its primary fuel over the life of the 129.15 project, short-rotation woody crops, may use as an interim fuel 129.16 agricultural waste and other biomass which is not farm-grown 129.17 closed-loop biomass for up to six years after the project's 129.18 electric generating facility becomes operational; provided, the 129.19 project developer demonstrates the project will use the 129.20 designated short-rotation woody crops as its primary fuel after 129.21 the interim period and provided the location of the interim fuel 129.22 production meets the requirements of subdivision 1, paragraph 129.23 (a), clause (3). 129.24 (b) A biomass project proposing to use, as its primary fuel 129.25 over the life of the project, short-rotation woody crops, may 129.26 use as an interim fuel agricultural waste and other biomass 129.27 which is not farm-grown closed-loop biomass for up to three 129.28 years after the project's electric generating facility becomes 129.29 operational; provided, the project developer demonstrates the 129.30 project will use the designated short-rotation woody crops as 129.31 its primary fuel after the interim period. 129.32 (c) A biomass project that uses an interim fuel under the 129.33 terms of paragraph (b) may, in addition, use an interim fuel 129.34 under the terms of paragraph (a) for six years less the number 129.35 of years that an interim fuel was used under paragraph (b). 129.36 (d) A project developer proposing to use an exempt interim 130.1 fuel under paragraphs (a) and (b) must demonstrate to the public 130.2 utility that the project will have an adequate supply of 130.3 short-rotation woody crops which meet the requirements of 130.4 subdivision 1 to fuel the project after the interim period. 130.5 (e) If a biomass project using an interim fuel under this 130.6 subdivision is or becomes owned or controlled, directly or 130.7 indirectly, by two municipal utilities as described in 130.8 subdivision 5a, paragraph (b), the project is deemed to comply 130.9 with the requirement under this subdivision to use farm-grown 130.10 closed-loop biomass as its primary fuel if farm-grown 130.11 closed-loop biomass comprises no less than 25 percent of the 130.12 fuel used over the life of the project. For purposes of this 130.13 subdivision, "life of the project" means 20 years from the date 130.14 the project becomes operational or the term of the applicable 130.15 power purchase agreement between the project owner and the 130.16 public utility, whichever is longer. 130.17 Sec. 148. Minnesota Statutes 2004, section 216B.2424, 130.18 subdivision 5a, is amended to read: 130.19 Subd. 5a. [REDUCTION OF BIOMASS MANDATE.] (a) 130.20 Notwithstanding subdivision 5, the biomass electric energy 130.21 mandateshallmust be reduced from 125 megawatts to 110 130.22 megawatts. 130.23 (b) The Public Utilities Commission shall approve a request 130.24 pending before thePublic Utilitiescommission as of May 15, 130.25 2003, foran amendmentamendments to and assignment of a 130.26contract for power frompower purchase agreement with the owner 130.27 of a facility that uses short-rotation, woody crops as its 130.28 primary fuel previously approved to satisfy a portion of the 130.29 biomass mandate if thedeveloperowner of the project agrees to 130.30 reduce the size of its project from 50 megawatts to 35 130.31 megawatts, while maintainingaan average price for energyat or130.32below the current contract price.in nominal dollars measured 130.33 over the term of the power purchase agreement at or below $104 130.34 per megawatt-hour, exclusive of any price adjustments that may 130.35 take effect subsequent to commission approval of the power 130.36 purchase agreement, as amended. The commission shall also 131.1 approve, as necessary, any subsequent assignment or sale of the 131.2 power purchase agreement or ownership of the project to an 131.3 entity owned or controlled, directly or indirectly, by two 131.4 municipal utilities located north of Constitutional Route No. 8, 131.5 as described in section 161.114, which currently own electric 131.6 and steam generation facilities using coal as a fuel and which 131.7 propose to retrofit their existing municipal electrical 131.8 generating facilities to utilize biomass fuels in order to 131.9 perform the power purchase agreement. 131.10 (c) If the power purchase agreement described in paragraph 131.11 (b) is assigned to an entity that is, or becomes, owned or 131.12 controlled, directly or indirectly, by two municipal entities as 131.13 described in paragraph (b), and the power purchase agreement 131.14 meets the price requirements of paragraph (b), the commission 131.15 shall approve any amendments to the power purchase agreement 131.16 necessary to reflect the changes in project location and 131.17 ownership and any other amendments made necessary by those 131.18 changes. The commission shall also specifically find that: 131.19 (1) the power purchase agreement complies with and fully 131.20 satisfies the provisions of this section to the full extent of 131.21 its 35-megawatt capacity; 131.22 (2) all costs incurred by the public utility and all 131.23 amounts to be paid by the public utility to the project owner 131.24 under the terms of the power purchase agreement are fully 131.25 recoverable pursuant to section 216B.1645; 131.26 (3) subject to prudency review by the commission, the 131.27 public utility may recover from its Minnesota retail customers 131.28 the Minnesota jurisdictional portion of the amounts that may be 131.29 incurred and paid by the public utility during the full term of 131.30 the power purchase agreement; and 131.31 (4) if the purchase power agreement meets the requirements 131.32 of this subdivision, it is reasonable and in the public interest. 131.33 (d) The commission shall specifically approve recovery by 131.34 the public utility of any and all Minnesota jurisdictional costs 131.35 incurred by the public utility to improve, construct, install, 131.36 or upgrade transmission, distribution, or other electrical 132.1 facilities owned by the public utility or other persons in order 132.2 to permit interconnection of the retrofitted biomass-fueled 132.3 generating facilities or to obtain transmission service for the 132.4 energy provided by the facilities to the public utility pursuant 132.5 to section 216B.1645, and shall disapprove any provision in the 132.6 power purchase agreement that requires the developer or owner of 132.7 the project to pay the jurisdictional costs or that permit the 132.8 public utility to terminate the power purchase agreement as a 132.9 result of the existence of those costs or the public utility's 132.10 obligation to pay any or all of those costs. 132.11 Sec. 149. Minnesota Statutes 2004, section 216B.2424, 132.12 subdivision 6, is amended to read: 132.13 Subd. 6. [REMAINING MEGAWATT COMPLIANCE PROCESS.] (a) If 132.14 there remain megawatts of biomass power generating capacity to 132.15 fulfill the mandate in subdivision 5 after the commission has 132.16 taken final action on all contracts filed by September 1, 2000, 132.17 by a public utility, as amended and assigned, this subdivision 132.18 governs final compliance with the biomass energy mandate in 132.19 subdivision 5 subject to the requirements of subdivisions 7 and 132.20 8. 132.21 (b) To the extent not inconsistent with this subdivision, 132.22 the provisions of subdivisions 2, 3, 4, and 5 apply to proposals 132.23 subject to this subdivision. 132.24 (c) A public utility must submit proposals to the 132.25 commission to complete the biomass mandate. The commission 132.26 shall require a public utility subject to this section to issue 132.27 a request for competitive proposals for projects for electric 132.28 generation utilizing biomass as defined in paragraph (f) of this 132.29 subdivision to provide the remaining megawatts of the mandate. 132.30 The commission shall set an expedited schedule for submission of 132.31 proposals to the utility, selection by the utility of proposals 132.32 or projects, negotiation of contracts, and review by the 132.33 commission of the contracts or projects submitted by the utility 132.34 to the commission. 132.35 (d) Notwithstanding the provisions of subdivisions 1 to 5 132.36 but subject to the provisions of subdivisions 7 and 8, a new or 133.1 existing facility proposed under this subdivision that is fueled 133.2 either by biomass or by co-firing biomass with nonbiomass may 133.3 satisfy the mandate in this section. Such a facility need not 133.4 use biomass that complies with the definition in subdivision 1 133.5 if it uses biomass as defined in paragraph (f) of this 133.6 subdivision. Generating capacity produced by co-firing of 133.7 biomass that is operational as of April 25, 2000, does not meet 133.8 the requirements of the mandate, except that additional 133.9 co-firing capacity added at an existing facility after April 25, 133.10 2000, may be used to satisfy this mandate. Only the number of 133.11 megawatts of capacity at a facility which co-fires biomass that 133.12 are directly attributable to the biomass and that become 133.13 operational after April 25, 2000, count toward meeting the 133.14 biomass mandate in this section. 133.15 (e) Nothing in this subdivision precludes a facility 133.16 proposed and approved under this subdivision from using fuel 133.17 sources that are not biomass in compliance with subdivision 3. 133.18 (f) Notwithstanding the provisions of subdivision 1, for 133.19 proposals subject to this subdivision, "biomass" includes 133.20 farm-grown closed-loop biomass; agricultural wastes, including 133.21 animal, poultry, and plant wastes; and waste wood, including 133.22 chipped wood, bark, brush, residue wood, and sawdust. 133.23 (g) Nothing in this subdivision affects in any way 133.24 contracts entered into as of April 25, 2000, to satisfy the 133.25 mandate in subdivision 5. 133.26 (h) Nothing in this subdivision requires a public utility 133.27 to retrofit its own power plants for the purpose of co-firing 133.28 biomass fuel, nor is a utility prohibited from retrofitting its 133.29 own power plants for the purpose of co-firing biomass fuel to 133.30 meet the requirements of this subdivision. 133.31 Sec. 150. Minnesota Statutes 2004, section 216B.2424, 133.32 subdivision 8, is amended to read: 133.33 Subd. 8. [AGRICULTURAL BIOMASS REQUIREMENT.] Of the 125 133.34 megawatts mandated in subdivision 5, or 110 megawatts mandated 133.35 in subdivision 5a, at least 75 megawatts of the generating 133.36 capacity must be generated by facilities that use agricultural 134.1 biomass as the principal fuel source. For purposes of this 134.2 subdivision, agricultural biomass includes only farm-grown 134.3 closed-loop biomass and agricultural waste, including animal, 134.4 poultry, and plant wastes. For purposes of this subdivision, 134.5 "principal fuel source" means a fuel source that satisfies at 134.6 least 75 percent of the fuel requirements of an electric power 134.7 generating facility. Nothing in this subdivision is intended to 134.8 expand the fuel source requirements of subdivision 5. 134.9 Sec. 151. Minnesota Statutes 2004, section 282.08, is 134.10 amended to read: 134.11 282.08 [APPORTIONMENT OF PROCEEDS TO TAXING DISTRICTS.] 134.12 The net proceeds from the sale or rental of any parcel of 134.13 forfeited land, or from the sale of products from the forfeited 134.14 land, must be apportioned by the county auditor to the taxing 134.15 districts interested in the land, as follows: 134.16 (1) the amounts necessary to pay the state general tax levy 134.17 against the parcel for taxes payable in the year for which the 134.18 tax judgment was entered, and for each subsequent payable year 134.19 up to and including the year of forfeiture, must be apportioned 134.20 to the state; 134.21 (2) the portion required to pay any amounts included in the 134.22 appraised value under section 282.01, subdivision 3, as 134.23 representing increased value due to any public improvement made 134.24 after forfeiture of the parcel to the state, but not exceeding 134.25 the amount certified by the clerk of the municipality must be 134.26 apportioned to the municipal subdivision entitled to it; 134.27 (3) the portion required to pay any amount included in the 134.28 appraised value under section 282.019, subdivision 5, 134.29 representing increased value due to response actions taken after 134.30 forfeiture of the parcel to the state, but not exceeding the 134.31 amount of expenses certified by the Pollution Control Agency or 134.32 the commissioner of agriculture, must be apportioned to the 134.33 agency or the commissioner of agriculture and deposited in the 134.34 fund from which the expenses were paid; 134.35 (4) the portion of the remainder required to discharge any 134.36 special assessment chargeable against the parcel for drainage or 135.1 other purpose whether due or deferred at the time of forfeiture, 135.2 must be apportioned to the municipal subdivision entitled to it; 135.3 and 135.4 (5) any balance must be apportioned as follows: 135.5 (i) The county board may annually by resolution set aside 135.6 no more than 30 percent of the receipts remaining to be used for 135.7timberforest development on tax-forfeited land and dedicated 135.8 memorial forests, to be expended under the supervision of the 135.9 county board. It must be expended only on projectsapproved by135.10the commissioner of natural resourcesimproving the health and 135.11 management of the forest resource. 135.12 (ii) The county board may annually by resolution set aside 135.13 no more than 20 percent of the receipts remaining to be used for 135.14 the acquisition and maintenance of county parks or recreational 135.15 areas as defined in sections 398.31 to 398.36, to be expended 135.16 under the supervision of the county board. 135.17 (iii) Any balance remaining must be apportioned as 135.18 follows: county, 40 percent; town or city, 20 percent; and 135.19 school district, 40 percent, provided, however, that in 135.20 unorganized territory that portion which would have accrued to 135.21 the township must be administered by the county board of 135.22 commissioners. 135.23 Sec. 152. Minnesota Statutes 2004, section 282.38, 135.24 subdivision 1, is amended to read: 135.25 Subdivision 1. [DEVELOPMENT.] In any county where the 135.26 county board by proper resolution sets aside funds fortimber135.27 forest development pursuant to section 282.08, 135.28 clause(3)(a)(5), item (i), or section 459.06, subdivision 2, 135.29 theCommissioncommissioner of Iron Range resources and 135.30 rehabilitation may upon request of the county board assist said 135.31 county in carrying out any project for the long range 135.32 development of itstimberforest resources through matching of 135.33 funds or otherwise, provided that any such project shall first135.34be approved by the commissioner of natural resources. 135.35 Sec. 153. Minnesota Statutes 2004, section 296A.18, 135.36 subdivision 2, is amended to read: 136.1 Subd. 2. [MOTORBOAT.] Approximately 1-1/2 percent of all 136.2 gasoline received in this state and 1-1/2 percent of all 136.3 gasoline produced or brought into this state, except gasoline 136.4 used for aviation purposes, is being used as fuel for the 136.5 operation of motorboats on the waters of this state and of the 136.6 total revenue derived from the imposition of the gasoline fuel 136.7 tax for uses other than for aviation purposes, 1-1/2 percent of 136.8 such revenues is the amount of tax on fuel used in motorboats 136.9 operated on the waters of this state. The amount of unrefunded 136.10 tax paid on gasoline used for motor boat purposes as computed in 136.11 this chapter shall be paid into the state treasury and credited 136.12 to a water recreation account in the special revenue fund for 136.13 acquisition, development, maintenance, and rehabilitation of 136.14 sites for public access and boating facilities on public waters; 136.15 lake and river improvement;state park development;and boat and 136.16 water safety. 136.17 Sec. 154. Minnesota Statutes 2004, section 349.12, 136.18 subdivision 25, is amended to read: 136.19 Subd. 25. [LAWFUL PURPOSE.] (a) "Lawful purpose" means one 136.20 or more of the following: 136.21 (1) any expenditure by or contribution to a 501(c)(3) or 136.22 festival organization, as defined in subdivision 15a, provided 136.23 that the organization and expenditure or contribution are in 136.24 conformity with standards prescribed by the board under section 136.25 349.154, which standards must apply to both types of 136.26 organizations in the same manner and to the same extent; 136.27 (2) a contribution to an individual or family suffering 136.28 from poverty, homelessness, or physical or mental disability, 136.29 which is used to relieve the effects of that poverty, 136.30 homelessness, or disability; 136.31 (3) a contribution to an individual for treatment for 136.32 delayed posttraumatic stress syndrome or a contribution to a 136.33 program recognized by the Minnesota Department of Human Services 136.34 for the education, prevention, or treatment of compulsive 136.35 gambling; 136.36 (4) a contribution to or expenditure on a public or private 137.1 nonprofit educational institution registered with or accredited 137.2 by this state or any other state; 137.3 (5) a contribution to a scholarship fund for defraying the 137.4 cost of education to individuals where the funds are awarded 137.5 through an open and fair selection process; 137.6 (6) activities by an organization or a government entity 137.7 which recognize humanitarian or military service to the United 137.8 States, the state of Minnesota, or a community, subject to rules 137.9 of the board, provided that the rules must not include mileage 137.10 reimbursements in the computation of the per diem reimbursement 137.11 limit and must impose no aggregate annual limit on the amount of 137.12 reasonable and necessary expenditures made to support: 137.13 (i) members of a military marching or color guard unit for 137.14 activities conducted within the state; 137.15 (ii) members of an organization solely for services 137.16 performed by the members at funeral services; or 137.17 (iii) members of military marching, color guard, or honor 137.18 guard units may be reimbursed for participating in color guard, 137.19 honor guard, or marching unit events within the state or states 137.20 contiguous to Minnesota at a per participant rate of up to $35 137.21 per diem; 137.22 (7) recreational, community, and athletic facilities and 137.23 activities intended primarily for persons under age 21, provided 137.24 that such facilities and activities do not discriminate on the 137.25 basis of gender and the organization complies with section 137.26 349.154; 137.27 (8) payment of local taxes authorized under this chapter, 137.28 taxes imposed by the United States on receipts from lawful 137.29 gambling, the taxes imposed by section 297E.02, subdivisions 1, 137.30 4, 5, and 6, and the tax imposed on unrelated business income by 137.31 section 290.05, subdivision 3; 137.32 (9) payment of real estate taxes and assessments on 137.33 permitted gambling premises wholly owned by the licensed 137.34 organization paying the taxes, or wholly leased by a licensed 137.35 veterans organization under a national charter recognized under 137.36 section 501(c)(19) of the Internal Revenue Code, not to exceed: 138.1 (i) for premises used for bingo, the amount that an 138.2 organization may expend under board rules on rent for bingo; and 138.3 (ii) $35,000 per year for premises used for other forms of 138.4 lawful gambling; 138.5 (10) a contribution to the United States, this state or any 138.6 of its political subdivisions, or any agency or instrumentality 138.7 thereof other than a direct contribution to a law enforcement or 138.8 prosecutorial agency; 138.9 (11) a contribution to or expenditure by a nonprofit 138.10 organization which is a church or body of communicants gathered 138.11 in common membership for mutual support and edification in 138.12 piety, worship, or religious observances; 138.13 (12) payment of the reasonable costs of an audit required 138.14 in section 297E.06, subdivision 4, provided the annual audit is 138.15 filed in a timely manner with the Department of Revenue; 138.16 (13) a contribution to or expenditure ona wildlife138.17management project that benefits the public at-large, provided138.18that the state agency with authority over that wildlife138.19management project approves the project before the contribution138.20or expenditure is made;138.21(14) expenditures, approved by the commissioner of natural138.22resources, by an organization for grooming and maintaining138.23snowmobile trails and all-terrain vehicle trails that are (1)138.24grant-in-aid trails established under section 85.019, or (2)138.25other trails open to public use, including purchase or lease of138.26equipment for this purpose;projects or activities approved by 138.27 the commissioner of natural resources for: 138.28 (i) wildlife management projects that benefit the public at 138.29 large; 138.30 (ii) grant-in-aid trail maintenance and grooming 138.31 established under sections 84.83 and 84.927 and other trails 138.32 open to public use, including purchase or lease of equipment for 138.33 this purpose; or 138.34 (iii) supplies and materials for safety training and 138.35 educational programs coordinated by the Department of Natural 138.36 Resources, including the Enforcement Division; 139.1(15)(14) conducting nutritional programs, food shelves, 139.2 and congregate dining programs primarily for persons who are age 139.3 62 or older or disabled; 139.4(16)(15) a contribution to a community arts organization, 139.5 or an expenditure to sponsor arts programs in the community, 139.6 including but not limited to visual, literary, performing, or 139.7 musical arts; 139.8(17)(16) an expenditure by a licensed veterans 139.9 organization for payment of water, fuel for heating, 139.10 electricity, and sewer costs for a building wholly owned or 139.11 wholly leased by and used as the primary headquarters of the 139.12 licensed veterans organization; 139.13(18)(17) expenditure by a licensed veterans organization 139.14 of up to $5,000 in a calendar year in net costs to the 139.15 organization for meals and other membership events, limited to 139.16 members and spouses, held in recognition of military service. 139.17 No more than $5,000 can be expended in total per calendar year 139.18 under this clause by all licensed veterans organizations sharing 139.19 the same veterans post home; or 139.20(19)(18) payment of fees authorized under this chapter 139.21 imposed by the state of Minnesota to conduct lawful gambling in 139.22 Minnesota. 139.23 (b) Notwithstanding paragraph (a), "lawful purpose" does 139.24 not include: 139.25 (1) any expenditure made or incurred for the purpose of 139.26 influencing the nomination or election of a candidate for public 139.27 office or for the purpose of promoting or defeating a ballot 139.28 question; 139.29 (2) any activity intended to influence an election or a 139.30 governmental decision-making process; 139.31 (3) the erection, acquisition, improvement, expansion, 139.32 repair, or maintenance of real property or capital assets owned 139.33 or leased by an organization, unless the board has first 139.34 specifically authorized the expenditures after finding that (i) 139.35 the real property or capital assets will be used exclusively for 139.36 one or more of the purposes in paragraph (a); (ii) with respect 140.1 to expenditures for repair or maintenance only, that the 140.2 property is or will be used extensively as a meeting place or 140.3 event location by other nonprofit organizations or community or 140.4 service groups and that no rental fee is charged for the use; 140.5 (iii) with respect to expenditures, including a mortgage payment 140.6 or other debt service payment, for erection or acquisition only, 140.7 that the erection or acquisition is necessary to replace with a 140.8 comparable building, a building owned by the organization and 140.9 destroyed or made uninhabitable by fire or natural disaster, 140.10 provided that the expenditure may be only for that part of the 140.11 replacement cost not reimbursed by insurance; (iv) with respect 140.12 to expenditures, including a mortgage payment or other debt 140.13 service payment, for erection or acquisition only, that the 140.14 erection or acquisition is necessary to replace with a 140.15 comparable building a building owned by the organization that 140.16 was acquired from the organization by eminent domain or sold by 140.17 the organization to a purchaser that the organization reasonably 140.18 believed would otherwise have acquired the building by eminent 140.19 domain, provided that the expenditure may be only for that part 140.20 of the replacement cost that exceeds the compensation received 140.21 by the organization for the building being replaced; or (v) with 140.22 respect to an expenditure to bring an existing building into 140.23 compliance with the Americans with Disabilities Act under item 140.24 (ii), an organization has the option to apply the amount of the 140.25 board-approved expenditure to the erection or acquisition of a 140.26 replacement building that is in compliance with the Americans 140.27 with Disabilities Act; 140.28 (4) an expenditure by an organization which is a 140.29 contribution to a parent organization, foundation, or affiliate 140.30 of the contributing organization, if the parent organization, 140.31 foundation, or affiliate has provided to the contributing 140.32 organization within one year of the contribution any money, 140.33 grants, property, or other thing of value; 140.34 (5) a contribution by a licensed organization to another 140.35 licensed organization unless the board has specifically 140.36 authorized the contribution. The board must authorize such a 141.1 contribution when requested to do so by the contributing 141.2 organization unless it makes an affirmative finding that the 141.3 contribution will not be used by the recipient organization for 141.4 one or more of the purposes in paragraph (a); or 141.5 (6) a contribution to a statutory or home rule charter 141.6 city, county, or town by a licensed organization with the 141.7 knowledge that the governmental unit intends to use the 141.8 contribution for a pension or retirement fund. 141.9 Sec. 155. Minnesota Statutes 2004, section 462.357, 141.10 subdivision 1e, is amended to read: 141.11 Subd. 1e. [NONCONFORMITIES.] (a) Any nonconformity, 141.12 including the lawful use or occupation of land or premises 141.13 existing at the time of the adoption of an additional control 141.14 under this chapter, may be continued, including through repair, 141.15 replacement, restoration, maintenance, or improvement, but not 141.16 including expansion, unless: 141.17 (1) the nonconformity or occupancy is discontinued for a 141.18 period of more than one year; or 141.19 (2) any nonconforming use is destroyed by fire or other 141.20 peril to the extent of greater than 50 percent of its market 141.21 value, and no building permit has been applied for within 180 141.22 days of when the property is damaged. In this case, a 141.23 municipality may impose reasonable conditions upon a building 141.24 permit in order to mitigate any newly created impact on adjacent 141.25 property. 141.26 (b) Any subsequent use or occupancy of the land or premises 141.27 shall be a conforming use or occupancy. A municipality may, by 141.28 ordinance, permit an expansion or impose upon nonconformities 141.29 reasonable regulations to prevent and abate nuisances and to 141.30 protect the public health, welfare, or safety. This subdivision 141.31 does not prohibit a municipality from enforcing an ordinance 141.32 that applies to adults-only bookstores, adults-only theaters, or 141.33 similar adults-only businesses, as defined by ordinance. 141.34 (c) Notwithstanding paragraph (a), a municipality shall 141.35 regulate the repair, replacement, maintenance, improvement, or 141.36 expansion of nonconforming uses and structures in floodplain 142.1 areas to the extent necessary to maintain eligibility in the 142.2 National Flood Insurance Program and not increase flood damage 142.3 potential or increase the degree of obstruction to flood flows 142.4 in the floodway. 142.5 Sec. 156. [473.1565] [METROPOLITAN AREA WATER SUPPLY 142.6 PLANNING ACTIVITIES; ADVISORY COMMITTEE.] 142.7 Subdivision 1. [PLANNING ACTIVITIES.] (a) The Metropolitan 142.8 Council must carry out planning activities addressing the water 142.9 supply needs of the metropolitan area as defined in section 142.10 473.121, subdivision 2. The planning activities must include, 142.11 at a minimum: 142.12 (1) development and maintenance of a base of technical 142.13 information needed for sound water supply decisions including 142.14 surface and groundwater availability analyses, water demand 142.15 projections, water withdrawal and use impact analyses, modeling, 142.16 and similar studies; 142.17 (2) development and periodic update of a metropolitan area 142.18 master water supply plan that: 142.19 (i) provides guidance for local water supply systems and 142.20 future regional investments; 142.21 (ii) emphasizes conservation, interjurisdictional 142.22 cooperation, and long-term sustainability; and 142.23 (iii) addresses the reliability, security, and 142.24 cost-effectiveness of the metropolitan area water supply system 142.25 and its local and subregional components; 142.26 (3) recommendations for clarifying the appropriate roles 142.27 and responsibilities of local, regional, and state government in 142.28 metropolitan area water supply; 142.29 (4) recommendations for streamlining and consolidating 142.30 metropolitan area water supply decision-making and approval 142.31 processes; and 142.32 (5) recommendations for the ongoing and long-term funding 142.33 of metropolitan area water supply planning activities and 142.34 capital investments. 142.35 (b) The council must carry out the planning activities in 142.36 this subdivision in consultation with the metropolitan area 143.1 water supply advisory committee established in subdivision 2. 143.2 Subd. 2. [ADVISORY COMMITTEE.] (a) A metropolitan area 143.3 water supply advisory committee is established to assist the 143.4 council in its planning activities in subdivision 1. The 143.5 advisory committee has the following membership: 143.6 (1) the commissioner of agriculture or the commissioner's 143.7 designee; 143.8 (2) the commissioner of health or the commissioner's 143.9 designee; 143.10 (3) the commissioner of natural resources or the 143.11 commissioner's designee; 143.12 (4) the commissioner of the pollution control agency or the 143.13 commissioner's designee; 143.14 (5) two officials of counties that are located in the 143.15 metropolitan area, appointed by the governor; 143.16 (6) five officials of noncounty local governmental units 143.17 that are located in the metropolitan area, appointed by the 143.18 governor; and 143.19 (7) the chair of the Metropolitan Council or the chair's 143.20 designee, who is chair of the advisory committee. 143.21 A local government unit in each of the seven counties in 143.22 the metropolitan area must be represented in the seven 143.23 appointments made under clauses (5) and (6). 143.24 (b) Members of the advisory committee appointed by the 143.25 governor serve at the pleasure of the governor. Members of the 143.26 advisory committee serve without compensation but may be 143.27 reimbursed for their reasonable expenses as determined by the 143.28 Metropolitan Council. The advisory committee expires December 143.29 31, 2007. 143.30 (c) The council must consider the work and recommendations 143.31 of the advisory committee when the council is preparing its 143.32 regional development framework. 143.33 Subd. 3. [REPORTS TO LEGISLATURE.] The council must submit 143.34 reports to the legislature regarding its findings, 143.35 recommendations, and continuing planning activities under 143.36 subdivision 1. The first report must be submitted to the 144.1 legislature by the date the legislature convenes in 2007 and 144.2 subsequent reports must be submitted by such date every five 144.3 years thereafter. 144.4 [EFFECTIVE DATE.] This section is effective the day 144.5 following final enactment and applies in the counties of Anoka, 144.6 Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. 144.7 Sec. 157. Minnesota Statutes 2004, section 473.197, 144.8 subdivision 4, is amended to read: 144.9 Subd. 4. [DEBT RESERVE; LEVY.] To provide money to pay 144.10 debt service on bonds issued under the credit enhancement 144.11 programif pledged revenues are insufficient to pay debt service144.12 in repealed subdivision 1 of Minnesota Statutes 2004, section 144.13 473.197, the council must maintain a debt reserve fundin the144.14manner and with the effect provided by section 118A.04 for144.15public fundsuntil such a reserve is no longer pledged or 144.16 otherwise needed to pay debt service on such bonds.To provide144.17funds for the debt reserve fund, the council may use up to144.18$3,000,000 of the proceeds of solid waste bonds issued by the144.19council under section 473.831 before its repeal. To provide144.20additional funds for the debt reserve fund, the council may levy144.21a tax on all taxable property in the metropolitan area and must144.22levy the taxIf sums in the debt reserve fund are insufficient 144.23 to cure any deficiency in the debt service fund established for 144.24 the bonds, the council must levy a tax on all taxable property 144.25 in the metropolitan area in the amount needed to cure the 144.26 deficiency. The tax authorized by this section does not affect 144.27 the amount or rate of taxes that may be levied by the council 144.28 for other purposes and is not subject to limit as to rate or 144.29 amount. 144.30 [EFFECTIVE DATE.] This section is effective the day 144.31 following final enactment and applies in the counties of Anoka, 144.32 Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. 144.33 Sec. 158. Minnesota Statutes 2004, section 477A.12, is 144.34 amended by adding a subdivision to read: 144.35 Subd. 4. [ANNUAL APPROPRIATION FOR FISCAL YEAR 2007 AND 144.36 EACH YEAR THEREAFTER.] Notwithstanding subdivision 3, for the 145.1 payment made in fiscal year 2007 and each year thereafter, the 145.2 appraised value of acquired natural resources land that was 145.3 acquired or received prior to July 1, 2004, shall be the value 145.4 used for the payment made in fiscal year 2006. 145.5 Sec. 159. Minnesota Statutes 2004, section 477A.145, is 145.6 amended to read: 145.7 477A.145 [INFLATION ADJUSTMENT.] 145.8 Subdivision 1. [INFLATION ADJUSTMENT CALCULATION.] In 2001 145.9 and each year thereafter, the amounts required to be adjusted 145.10 for inflation in sections 477A.12 and 477A.14 shall be increased 145.11 to an amount equal to: (1) the amount before the inflation 145.12 adjustment multiplied by (2) one plus the percentage increase in 145.13 the implicit price deflator for government consumption 145.14 expenditures and gross investment for state and local 145.15 governments prepared by the Bureau of Economic Analysis of the 145.16 United States Department of Commerce for the period indicated 145.17 below: 145.18 (i) the period starting with the first quarter of 1994 and 145.19 ending with the third quarter of the calendar year prior to the 145.20 year in which aid is paid, provided that lands acquired by the 145.21 state under chapter 84A that are designated as state parks, 145.22 state recreation areas, scientific and natural areas, or 145.23 wildlife management areas are included in the definition of 145.24 acquired natural resource land under section 477A.11 for 145.25 calculating payments in calendar year 2001 and thereafter; 145.26 (ii) otherwise the period starting with the first quarter 145.27 of 1987 and ending with the third quarter of the calendar year 145.28 prior to the year in which the aid is paid. 145.29 These adjusted amounts must be rounded to the nearest one-tenth 145.30 of a cent. 145.31 Subd. 2. [ADJUSTMENTS FOR FISCAL YEAR 2007 AND EACH YEAR 145.32 THEREAFTER.] Notwithstanding subdivision 1, for the payments 145.33 made in fiscal year 2007 and each year thereafter, the inflation 145.34 adjustments shall be the amounts determined for the payment made 145.35 in fiscal year 2006. 145.36 Sec. 160. Laws 2003, chapter 128, article 1, section 9, 146.1 subdivision 6, is amended to read: 146.2 Subd. 6. Recreation 7,622,000 5,870,000 146.3 Summary by Fund 146.4 Trust Fund 5,622,000 5,870,000 146.5 State Land and Conservation 146.6 Account (LAWCON) 2,000,000 146.7 (a) State Park and Recreation Area Land 146.8 Acquisition 146.9 $750,000 the first year and $750,000 146.10 the second year are from the trust fund 146.11 to the commissioner of natural 146.12 resources to acquire in-holdings for 146.13 state park and recreation areas. Land 146.14 acquired with this appropriation must 146.15 be sufficiently improved to meet at 146.16 least minimum management standards as 146.17 determined by the commissioner of 146.18 natural resources. This appropriation 146.19 is available until June 30, 2006, at 146.20 which time the project must be 146.21 completed and final products delivered, 146.22 unless an earlier date is specified in 146.23 the work program. 146.24 (b) LAWCON Federal Reimbursements 146.25 $2,000,000 is from the state land and 146.26 water conservation account (LAWCON) in 146.27 the natural resources fund to the 146.28 commissioner of natural resources for 146.29 eligible state projects and 146.30 administrative and planning activities 146.31 consistent with Minnesota Statutes, 146.32 section 116P.14, and the federal Land 146.33 and Water Conservation Fund Act. This 146.34 appropriation is contingent upon 146.35 receipt of the federal obligation and 146.36 remains available until June 30, 2006, 146.37 at which time the project must be 146.38 completed and final products delivered, 146.39 unless an earlier date is specified in 146.40 the work program. 146.41 (c) Local Initiative Grants-Parks and 146.42 Natural Areas 146.43 $1,290,000 the first year and 146.44 $1,289,000 the second year are from the 146.45 trust fund to the commissioner of 146.46 natural resources for matching grants 146.47 to local governments for acquisition 146.48 and development of natural and scenic 146.49 areas and local parks as provided in 146.50 Minnesota Statutes, section 85.019, 146.51 subdivisions 2 and 4a, and regional 146.52 parks outside of the metropolitan 146.53 area. Grants may provide up to 50 146.54 percent of the nonfederal share of the 146.55 project cost, except nonmetropolitan 146.56 regional park grants may provide up to 146.57 60 percent of the nonfederal share of 146.58 the project cost. The commission will 146.59 monitor the grants for approximate 146.60 balance over extended periods of time 146.61 between the metropolitan area, under 147.1 Minnesota Statutes, section 473.121, 147.2 subdivision 2, and the nonmetropolitan 147.3 area through work program oversight and 147.4 periodic allocation decisions. For the 147.5 purposes of this paragraph, the match 147.6 must be a nonstate contribution, but 147.7 may be either cash or qualifying 147.8 in-kind. Recipients may receive 147.9 funding for more than one project in 147.10 any given grant period. This 147.11 appropriation is available until June 147.12 30, 2006, at which time the project 147.13 must be completed and final products 147.14 delivered. 147.15 (d) Metropolitan Regional Parks 147.16 Acquisition, Rehabilitation, and 147.17 Development 147.18 $1,670,000 the first year and 147.19 $1,669,000 the second year are from the 147.20 trust fund to the commissioner of 147.21 natural resources for an agreement with 147.22 the metropolitan council for subgrants 147.23 for the acquisition, development, and 147.24 rehabilitation in the metropolitan 147.25 regional park system, consistent with 147.26 the metropolitan council regional 147.27 recreation open space capital 147.28 improvement plan. This appropriation 147.29 may not be used for the purchase of 147.30 residential structures. This 147.31 appropriation may be used to reimburse 147.32 implementing agencies for acquisition 147.33 of nonresidential property as expressly 147.34 approved in the work program. This 147.35 appropriation is available until June 147.36 30, 2006, at which time the project 147.37 must be completed and final products 147.38 delivered, unless an earlier date is 147.39 specified in the work program. In 147.40 addition, if a project financed under 147.41 this program receives a federal grant, 147.42 the availability of the financing from 147.43 this paragraph for that project is 147.44 extended to equal the period of the 147.45 federal grant. 147.46 (e) Local and Regional Trail Grant 147.47 Initiative Program 147.48 $160,000 the first year and $160,000 147.49 the second year are from the trust fund 147.50 to the commissioner of natural 147.51 resources to provide matching grants to 147.52 local units of government for the cost 147.53 of acquisition, development, 147.54 engineering services, and enhancement 147.55 of existing and new trail facilities. 147.56 This appropriation is available until 147.57 June 30, 2006, at which time the 147.58 project must be completed and final 147.59 products delivered, unless an earlier 147.60 date is specified in the work program. 147.61 In addition, if a project financed 147.62 under this program receives a federal 147.63 grant, the availability of the 147.64 financing from this paragraph for that 147.65 project is extended to equal the period 147.66 of the federal grant. 148.1 (f) Gitchi-Gami State Trail 148.2 $650,000 the first year and $650,000 148.3 the second year are from the trust fund 148.4 to the commissioner of natural 148.5 resources, in cooperation with the 148.6 Gitchi-Gami Trail Association, for the 148.7 third biennium, to design and construct 148.8 approximately five miles of Gitchi-Gami 148.9 state trail segments. This 148.10 appropriation must be matched by at 148.11 least $400,000 of nonstate money. The 148.12 availability of the financing from this 148.13 paragraph is extended to equal the 148.14 period of any federal money received. 148.15 (g) Water Recreation: Boat Access, 148.16 Fishing Piers, and Shore-fishing 148.17 $450,000 the first year and $700,000 148.18 the second year are from the trust fund 148.19 to the commissioner of natural 148.20 resources to acquire and develop public 148.21 water access sites statewide, construct 148.22 shore-fishing and pier sites, and 148.23 restore shorelands at public accesses. 148.24 This appropriation is available until 148.25 June 30, 2006, at which time the 148.26 project must be completed and final 148.27 products delivered, unless an earlier 148.28 date is specified in the work program. 148.29 (h) Mesabi Trail 148.30 $190,000 the first year and $190,000 148.31 the second year are from the trust fund 148.32 to the commissioner of natural 148.33 resources for an agreement with St. 148.34 Louis and Lake Counties Regional Rail 148.35 Authority for the sixth biennium to 148.36 acquire and develop segments of the 148.37 Mesabi trail. If a federal grant is 148.38 received, the availability of the 148.39 financing from this paragraph is 148.40 extended to equal the period of the 148.41 federal grant. 148.42 (i) Linking Communities Design, 148.43 Technology, and DNR Trail Resources 148.44 $92,000 the first year and $92,000 the 148.45 second year are from the trust fund to 148.46 the commissioner of natural resources 148.47 for an agreement with the University of 148.48 Minnesota to provide designs for up to 148.49 three state trails incorporating 148.50 recreation, natural, and cultural 148.51 features. 148.52 (j) Ft. Ridgley Historic Site 148.53 Interpretive Trail 148.54 $75,000 the first year and $75,000 the 148.55 second year are from the trust fund to 148.56 the Minnesota historical society to 148.57 construct a trail through the original 148.58 fort site and install interpretive 148.59 markers. This appropriation is 148.60 available until June 30, 2006, at which 148.61 time the project must be completed and 148.62 final products delivered, unless an 149.1 earlier date is specified in the work 149.2 program. 149.3 (k) Development and Rehabilitation of 149.4 Minnesota Shooting Ranges 149.5 $120,000 the first year and $120,000 149.6 the second year are from the trust fund 149.7 to the commissioner of natural 149.8 resources to provide technical 149.9 assistance and matching cost-share 149.10 grants to local recreational shooting 149.11 and archery clubs for the purpose of 149.12 developing or rehabilitating shooting 149.13 and archery facilities for public use. 149.14 Recipient facilities must be open to 149.15 the general public at reasonable times 149.16 and for a reasonable fee on a walk-in 149.17 basis. This appropriation is available 149.18 until June 30, 2006, at which time the 149.19 project must be completed and final 149.20 products delivered, unless an earlier 149.21 date is specified in the work program. 149.22 (l) Land Acquisition, Minnesota 149.23 Landscape Arboretum 149.24 $175,000 the first year and $175,000 149.25 the second year are from the trust fund 149.26 to the University of Minnesota for an 149.27 agreement with the University of 149.28 Minnesota Landscape Arboretum 149.29 Foundation for the fifth biennium to 149.30 acquirein-holdings within the149.31arboretum's boundaryland from willing 149.32 sellers. This appropriation must be 149.33 matched by an equal amount of nonstate 149.34 money. This appropriation is available 149.35 until June 30, 2006, at which time the 149.36 project must be completed and final 149.37 products delivered, unless an earlier 149.38 date is specified in the work program. 149.39 Sec. 161. Laws 2003, chapter 128, article 1, section 167, 149.40 subdivision 1, is amended to read: 149.41 Subdivision 1. [FOREST CLASSIFICATION STATUS REVIEW.] (a) 149.42 By December 31, 2006, the commissioner of natural resources 149.43 shall complete a review of the forest classification status of 149.44 all state forests classified as managed or limited, all forest 149.45 lands under the authority of the commissioner as defined in 149.46 Minnesota Statutes, section 89.001, subdivision 13, and lands 149.47 managed by the commissioner under Minnesota Statutes, section 149.48 282.011. The review must be conducted on a forest-by-forest and 149.49 area-by-area basis in accordance with the process and criteria 149.50 under Minnesota Rules, part 6100.1950. After each forest is 149.51 reviewed, the commissioner must change its status to limited or 149.52 closed, and must provide a similar status for each of the other 150.1 areas subject to review under this section after each individual 150.2 review is completed. 150.3 (b) If the commissioner determines on January 1, 2005, that 150.4 the review required under this section cannot be completed by 150.5 December 31, 2006, the completion date for the review shall be 150.6 extended to December 31, 2008. By January 15, 2005, the 150.7 commissioner shall report to the chairs of the legislative 150.8 committees with jurisdiction over natural resources policy and 150.9 finance regarding the status of the process required by this 150.10 section. 150.11 (c) Until December 31, 2010, the state forests and areas 150.12 subject to review under this section are exempt from Minnesota 150.13 Statutes, section 84.777, unless an individual forest or area 150.14 has been classified as limited or closed. 150.15 (d) This subdivision does not apply to forest lands north 150.16 of U.S. Highway 2. All forest lands under the authority of the 150.17 commissioner as defined in Minnesota Statutes, section 89.001, 150.18 subdivision 13, and lands managed by the commissioner under 150.19 Minnesota Statutes, section 282.011, that are north of U.S. 150.20 Highway 2 shall maintain their present classification unless the 150.21 commissioner reclassifies the lands under Minnesota Rules, part 150.22 6100.1950. 150.23 Sec. 162. Laws 2004, chapter 220, section 1, is amended to 150.24 read: 150.25 Section 1. [ENVIRONMENTAL REVIEW; IRON NUGGET PRODUCTION 150.26 SCALE DEMONSTRATION FACILITY EXEMPTION.] 150.27 (a) The first iron nugget production scale demonstration 150.28 facility that meets all of the criteria in this section shall be 150.29 exempt from environmental review under Minnesota Statutes, 150.30 chapter 116D and Minnesota Rules, chapter 4410. The qualifying 150.31 project must: 150.32 (1) be the first iron nugget production scale demonstration 150.33 facility in Minnesota; 150.34 (2) involve a single rotary hearth furnace of maximum 150.35outsidepitch circle diameter, as measured from the midpoint of 150.36 hearth to the midpoint of hearth, of 60 meters; 151.1 (3) be located outside the area adjacent to the north shore 151.2 of Lake Superior classified as the lake orientation zone in the 151.3 Department of Natural Resources report entitled "North Shore 151.4 Characterization Study"; and 151.5 (4) have complete permit applications submitted to the 151.6 appropriate state agenciesin calendar year 2004by June 30, 151.7 2005, for all permits required to construct and operate the 151.8 facility. 151.9 (b) The Department of Natural Resources, the Environmental 151.10 Quality Board, the Pollution Control Agency, and any other state 151.11 agency with applicable permit-granting authority shall provide 151.12 public notice for any necessary permits for the iron nugget 151.13 production scale demonstration facility within four months of 151.14 receiving complete applications. 151.15 (c) If the first iron nugget production scale demonstration 151.16 facility to qualify for this exemption is proposed at a 151.17 stationary source that has permitted taconite pellet furnaces, 151.18 permanent shutdown of those pellet furnaces, prior to start-up 151.19 of the iron nugget production scale demonstration facility, 151.20 shall be a requirement in the iron nugget production scale 151.21 demonstration facility air quality permit. The shutdown of 151.22 these furnaces shall not be creditable in calculating the "net 151.23 emissions increase," as defined in Code of Federal Regulations, 151.24 title 40, section 52.21, for this project. 151.25 (d) The Pollution Control Agency shall strive in the 151.26 permitting process to assure the lowest mercury emissions 151.27 reasonably possible. 151.28 (e) Permit applications must comply with applicable law, 151.29 except that an iron nugget production scale demonstration 151.30 facility that meets the criteria in this section is exempt from 151.31 environmental review under Minnesota Statutes, chapter 116D and 151.32 Minnesota Rules, chapter 4410, and the company is not required 151.33 to perform an environmental review before permits are issued for 151.34 the iron nugget production scale demonstration facility. 151.35 (f) The construction and operation of the iron nugget 151.36 production scale demonstration facility will demonstrate whether 152.1 the technology is technically and economically feasible at this 152.2 larger scale. Environmental data from the operation of the iron 152.3 nugget production scale demonstration facility may be used in 152.4 the environmental review and permitting of commercial scale 152.5 facilities built elsewhere in Minnesota. 152.6 (g) The exemption does not affect any existing permit 152.7 requirement that may require environmental review for a 152.8 commercial scale iron nugget facility at an existing taconite 152.9 facility located within the area adjacent to the north shore of 152.10 Lake Superior classified as the lake orientation zone in the 152.11 Department of Natural Resources report entitled "North Shore 152.12 Characterization Study." 152.13 [EFFECTIVE DATE.] This section is effective the day 152.14 following final enactment. 152.15 Sec. 163. [CONTINUATION OF AGREEMENTS.] 152.16 An agreement entered into between the Metropolitan Council 152.17 and a participant in the credit enhancement program under 152.18 Minnesota Statutes 2004, section 473.197, subdivision 5, with 152.19 respect to bonds issued prior to the effective date of this 152.20 section, shall continue in effect in accordance with its terms; 152.21 provided that no provision in such agreement shall be construed 152.22 to require or allow the council to pledge its full faith and 152.23 credit and taxing powers to the payment of additional bonds 152.24 issued after the effective date of this section. 152.25 [EFFECTIVE DATE.] This section is effective the day 152.26 following final enactment and applies in the counties of Anoka, 152.27 Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. 152.28 Sec. 164. [USE OF CREDIT ENHANCEMENT PROGRAM FUNDS.] 152.29 The Metropolitan Council must transfer any funds 152.30 originating from the proceeds of solid waste bonds and available 152.31 for the credit enhancement program under Minnesota Statutes 152.32 2004, section 473.197, subdivision 4, to the council's general 152.33 fund to the extent such funds are no longer pledged or otherwise 152.34 needed by the council to maintain a debt reserve fund as 152.35 provided for in ongoing Minnesota Statutes, section 473.197, 152.36 subdivision 4. The council must first use the transferred funds 153.1 for carrying out the metropolitan area water supply planning 153.2 activities required by Minnesota Statutes, section 473.1565, for 153.3 staff support of the advisory committee established under that 153.4 section, and for related purposes. If the council determines 153.5 that the transferred funds are no longer needed for such 153.6 purposes, the council may use any such funds for any general 153.7 purposes of the council. 153.8 [EFFECTIVE DATE.] This section is effective the day 153.9 following final enactment and applies in the counties of Anoka, 153.10 Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. 153.11 Sec. 165. [REQUIRED RULEMAKING.] 153.12 (a) The commissioner of natural resources shall amend 153.13 Minnesota Rules, part 6232.0300, subpart 7, to permit an 153.14 individual to operate an all-terrain vehicle on privately owned 153.15 land in an area open to taking deer by firearms during the legal 153.16 shooting hours of the deer season, regardless of whether the 153.17 individual is licensed to take deer on the day of operation, if 153.18 the individual is: 153.19 (1) pursuing an occupation when operating the all-terrain 153.20 vehicle; 153.21 (2) not in possession of a firearm; and 153.22 (3) the owner of the land on which the all-terrain vehicle 153.23 is operated, an employee of the land owner, or an immediate 153.24 family member of the land owner. 153.25 (b) The commissioner may use the good cause exemption under 153.26 Minnesota Statutes, section 14.388, subdivision 1, clause (3), 153.27 in amending the rule under paragraph (a). Minnesota Statutes, 153.28 section 14.386, does not apply, except to the extent provided 153.29 under Minnesota Statutes, section 14.388. 153.30 Sec. 166. [INITIAL CITIZEN APPOINTMENTS.] 153.31 The governor shall make the initial appointments of citizen 153.32 members to the Minnesota Conservation Heritage Council according 153.33 to the following schedule of terms: 153.34 (1) the chair to serve a full six-year term; 153.35 (2) three members to serve five-year terms; 153.36 (3) three members to serve four-year terms; 154.1 (4) two members to serve three-year terms; and 154.2 (5) two members to serve two-year terms. 154.3 [EFFECTIVE DATE.] This section is effective the day 154.4 following final enactment. 154.5 Sec. 167. [TRANSITION.] 154.6 (a) The staff of the Legislative Commission on Minnesota 154.7 Resources shall provide administrative and technical assistance 154.8 to the council. 154.9 (b) Administrative expenses saved through the elimination 154.10 of the Citizens Advisory Committee shall be used for the 154.11 administrative expenses of the council or other citizen advisory 154.12 committees created by the council. 154.13 [EFFECTIVE DATE.] This section is effective the day 154.14 following final enactment. 154.15 Sec. 168. [CONFORMING CHANGES; RULES.] 154.16 The commissioner may use the good cause exemption under 154.17 Minnesota Statutes, section 14.388, subdivision 1, clause (3), 154.18 to amend rules to conform to Minnesota Statutes, sections 154.19 97C.327 and 97C.395, subdivision 1, as amended in this article. 154.20 Minnesota Statutes, section 14.386, does not apply to the 154.21 rulemaking under this section except to the extent provided 154.22 under Minnesota Statutes, section 14.388. 154.23 Sec. 169. [GROOMING RATES AND MAINTENANCE REIMBURSEMENTS.] 154.24 The commissioner of natural resources must work with trail 154.25 providers to increase grooming rates and maintenance 154.26 reimbursements, consistent with funding appropriated by the 154.27 legislature, for grants provided under Minnesota Statutes, 154.28 section 84.83. 154.29 Sec. 170. [REPEALERS.] 154.30 Subdivision 1. [STATE PARK PERMIT EXEMPTIONS.] Minnesota 154.31 Statutes 2004, section 85.054, subdivision 1, is repealed. 154.32 Subd. 2. [OFF-HIGHWAY VEHICLE SAFETY AND CONSERVATION 154.33 PROGRAM.] Minnesota Statutes 2004, section 84.901, is repealed. 154.34 Subd. 3. [MINNESOTA RESOURCES.] Minnesota Statutes 2004, 154.35 sections 116P.02, subdivisions 2 and 4; 116P.05; 116P.06; and 154.36 116P.08, subdivision 4, are repealed. 155.1 Subd. 4. [METROPOLITAN COUNCIL.] Minnesota Statutes 2004, 155.2 sections 473.156; and 473.197, subdivisions 1, 2, 3, and 5, are 155.3 repealed. 155.4 Subd. 5. [STATE LANDS.] Minnesota Statutes 2004, sections 155.5 94.343, subdivision 6; 94.344, subdivision 6; 94.348; and 155.6 94.349, are repealed. 155.7 [EFFECTIVE DATE.] Subdivision 4 is effective the day 155.8 following final enactment and applies in the counties of Anoka, 155.9 Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. 155.10 ARTICLE 2 155.11 OPTION A FROM HOUSE RESOLUTION 8 155.12 Section 1. [ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.] 155.13 These amounts are in adjustments to the appropriations in 155.14 article 1 and are only effective if the house of representatives 155.15 fails to pass H.F. 1664. The sums shown in the columns marked 155.16 "APPROPRIATIONS" are appropriated from the general fund, or 155.17 another named fund, to the agencies and for the purposes 155.18 specified in this article, to be available for the fiscal years 155.19 indicated for each purpose. The figures "2006" and "2007," 155.20 where used in this article, mean that the appropriation or 155.21 appropriations listed under them are available for the year 155.22 ending June 30, 2006, or June 30, 2007, respectively. The term 155.23 "first year" means the fiscal year ending June 30, 2006, and the 155.24 term "second year" means the fiscal year ending June 30, 2007. 155.25 APPROPRIATIONS 155.26 Available for the Year 155.27 Ending June 30 155.28 2006 2007 155.29 Sec. 2. Department of 155.30 Environmental Protection (500,000) (500,000) 155.31 Sec. 3. Natural Resources 155.32 Department (3,810,000) (3,810,000) 155.33 $161,000 the first year and $161,000 155.34 the second year are from the general 155.35 fund for the reinvest in Minnesota 155.36 wildlife program. 155.37 $50,000 the first year and $50,000 the 155.38 second year are from the general fund 155.39 for the reinvest in Minnesota fisheries 155.40 program. 155.41 $135,000 the first year and $134,000 155.42 the second year are from the general 156.1 fund for the reinvest in Minnesota 156.2 ecological services program. 156.3 Sec. 4. Minnesota Conservation 156.4 Corps (350,000) (350,000) 156.5 Sec. 5. Water and Soil 156.6 Resources Board (705,000) (705,000) 156.7 Of this amount ($105,000) each year is 156.8 a reduction to the Area 2 grant. 156.9 Sec. 6. Metropolitan 156.10 Council (300,000) (300,000) 156.11 Sec. 7. Science 156.12 Museum (35,000) (35,000) 156.13 ARTICLE 3 156.14 ENVIRONMENTAL REORGANIZATION 156.15 Section 1. Minnesota Statutes 2004, section 15.01, is 156.16 amended to read: 156.17 15.01 [DEPARTMENTS OF THE STATE.] 156.18 The following agencies are designated as the departments of 156.19 the state government: the Department of Administration; the 156.20 Department of Agriculture; the Department of Commerce; the 156.21 Department of Corrections; the Department of Education; the 156.22 Department of Employment and Economic Development; the 156.23 Department of Environmental Protection; the Department of 156.24 Finance; the Department of Health; the Department of Human 156.25 Rights; the Department of Labor and Industry; the Department of 156.26 Military Affairs; the Department of Natural Resources; the 156.27 Department of Employee Relations; the Department of Public 156.28 Safety; the Department of Human Services; the Department of 156.29 Revenue; the Department of Transportation; the Department of 156.30 Veterans Affairs; and their successor departments. 156.31 Sec. 2. Minnesota Statutes 2004, section 115A.06, 156.32 subdivision 5, is amended to read: 156.33 Subd. 5. [RIGHT OF ACCESS.] Whenever theoffice or the156.34director acting on behalf of the officecommissioner deems it 156.35 necessary to the accomplishment ofitsdepartment purposes, the 156.36officecommissioner or any member, employee, or agentthereofof 156.37 the department, when authorized byit orthedirector156.38 commissioner, may enter upon any property, public or private, 156.39 for the purpose of obtaining information or conducting surveys 157.1 or investigations, provided that the entrance and activity is 157.2 undertaken after reasonable notice and during normal business 157.3 hours and provided that compensation is made for any damages to 157.4 the property caused by the entrance and activity. Theoffice157.5 commissioner may pay a reasonable estimate of the damagesitthe 157.6 commissioner believes will be caused by the entrance and 157.7 activity before entering any property. 157.8 Sec. 3. Minnesota Statutes 2004, section 115A.07, 157.9 subdivision 1, is amended to read: 157.10 Subdivision 1. [INTERAGENCY COORDINATION.] Thedirector157.11 commissioner shall inform the commissioner of employment and 157.12 economic development of theoffice'sdepartment's activities,157.13solicit the advice and recommendations of the agency, and157.14coordinate its work with the regulatory and enforcement157.15activities of the agency. 157.16 Sec. 4. Minnesota Statutes 2004, section 115A.15, 157.17 subdivision 7, is amended to read: 157.18 Subd. 7. [WASTE REDUCTION PROCUREMENT MODEL.] To reduce 157.19 the amount of solid waste generated by the state and to provide 157.20 a model for other public and private procurement systems, the 157.21 commissioner, in cooperation with the director of the Office of157.22Waste Management,shalldevelopcontinue to implement waste 157.23 reduction procurement programs, including an expanded life cycle 157.24 costing system for procurement of durable and repairable 157.25 itemsby November 1, 1991.On implementation of the model157.26procurement system,The commissioner, in cooperation with the157.27director,shall develop and distribute informational materials 157.28 for the purpose of promoting the procurement model to other 157.29 public and private entities under section 115A.072, subdivision 157.30 4. 157.31 Sec. 5. Minnesota Statutes 2004, section 115A.38, 157.32 subdivision 1, is amended to read: 157.33 Subdivision 1. [REPORTS TOLEGISLATIVE COMMISSION157.34 COMMITTEES.] At least 30 days before making a final decision 157.35 under section 115A.37 in a review brought pursuant to section 157.36 115A.33, clause (d), thechair of the boardcommissioner may 158.1 report to the legislativecommissioncommittees with 158.2 jurisdiction over environment and natural resources policy and 158.3 finance describing permit conditions or requirements being 158.4 considered which are not within the existing authority of 158.5 theagency or the boarddepartment or which would require 158.6 legislation or public financial assistance. In any such report 158.7 thechair of the boardcommissioner may request intervention in 158.8 the review pursuant to subdivisions 2 and 3. 158.9 Sec. 6. [116.012] [DEPARTMENT OF ENVIRONMENTAL PROTECTION; 158.10 CREATION AND POWERS.] 158.11 The Department of Environmental Protection is created. The 158.12 responsibilities of the Office of Environmental Assistance and 158.13 the Pollution Control Agency are transferred to the Department 158.14 of Environmental Protection under section 15.039. The offices 158.15 of commissioner and members of the Environmental Protection 158.16 Board are continuations of those offices in the Pollution 158.17 Control Agency. In addition to the provisions of section 158.18 15.039, no employee in the classified service shall suffer job 158.19 loss, have a salary reduced, or have employment benefits reduced 158.20 as a result of the reorganization in this act. 158.21 Sec. 7. Minnesota Statutes 2004, section 116.03, 158.22 subdivision 1, is amended to read: 158.23 Subdivision 1. [OFFICE.] (a) The office of commissioner of 158.24the Pollution Control Agencyenvironmental protection is created 158.25and is under the supervision and control of the commissioner,158.26who. The commissioner is the chief executive officer of the 158.27 department and is appointed by the governor under the provisions 158.28 of section 15.06. 158.29 (b) The commissioner may appoint a deputy commissioner and 158.30 assistant commissioners who shall be in the unclassified service. 158.31 (c) The commissioner shall make all decisions on behalf of 158.32 theagencydepartment that are not required to be made by the 158.33agencyboard under section 116.02. 158.34 Sec. 8. Minnesota Statutes 2004, section 116.07, 158.35 subdivision 4b, is amended to read: 158.36 Subd. 4b. [PERMITS; HAZARDOUS WASTE FACILITIES.] (a)The159.1agency shall provide to the Office of Environmental Assistance159.2established in section 115A.055, copies of each permit159.3application for a hazardous waste facility immediately upon its159.4submittal to the agency. The agency shall request159.5recommendations on each permit application from the office and159.6shall consult with the office on the agency's intended159.7disposition of the recommendations.Except as otherwise 159.8 provided in sections 115A.18 to 115A.30, theagencydepartment 159.9 shall commence any environmental review required under chapter 159.10 116D within 120 days of its acceptance of a completed permit 159.11 application. Theagencydepartment shall respond to a permit 159.12 application for a hazardous waste facility within 120 days 159.13 following a decision not to prepare environmental documents or 159.14 following the acceptance of a negative declaration notice or an 159.15 environmental impact statement. Except as otherwise provided in 159.16 sections 115A.18 to 115A.30, within 60 days following the 159.17 submission of a final permit application for a hazardous waste 159.18 facility, unless a time extension is agreed to by the applicant, 159.19 theagencydepartment shall issue or deny all permits needed for 159.20 the construction of the proposed facility. 159.21 (b) Theagencydepartment shall promulgate rules pursuant 159.22 to chapter 14 for all hazardous waste facilities. The rules 159.23 shall require: 159.24 (1) contingency plans for all hazardous waste facilities 159.25 which provide for effective containment and control in any 159.26 emergency condition; 159.27 (2) the establishment of a mechanism to assure that money 159.28 to cover the costs of closure and postclosure monitoring and 159.29 maintenance of hazardous waste facilities will be available; 159.30 (3) the maintenance of liability insurance by the owner or 159.31 operator of hazardous waste facilities during the operating life 159.32 of the facility. 159.33 Sec. 9. Minnesota Statutes 2004, section 297H.13, 159.34 subdivision 2, is amended to read: 159.35 Subd. 2. [ALLOCATION OF REVENUES.] (a) 159.36$22,000,000$33,760,000, or5070 percent, whichever is greater, 160.1 of the amounts remitted under this chapter must be credited to 160.2 the environmental fund established in section 16A.531, 160.3 subdivision 1. 160.4 (b) The remainder must be deposited into the general fund. 160.5 Sec. 10. Minnesota Statutes 2004, section 473.846, is 160.6 amended to read: 160.7 473.846 [REPORT TO LEGISLATURE.] 160.8 Theagency and the directorcommissioner shall submit to 160.9 the senateFinance Committee, the house Ways and Means160.10Committee, and the Environment and Natural Resources Committees160.11of the senateand house of representatives, the Finance Division160.12of the senate Committee oncommittees with jurisdiction over 160.13 environment and natural resources, and the house of160.14representatives Committee on Environment and Natural160.15Resourcespolicy and finance separate reports describing the 160.16 activities for which money for landfill abatement has been spent 160.17 under sections 473.844 and 473.845. Theagencycommissioner 160.18 shall report by November 1 of each year on expenditures during 160.19 its previous fiscal year.The director shall report on160.20expenditures during the previous calendar year and must160.21incorporate its report in the report required by section160.22115A.411, due July 1 of each odd-numbered year.The 160.23directorcommissioner shall make recommendations to the 160.24Environment and Natural Resourceslegislative committeesof the160.25senate and house of representatives, the Finance Division of the160.26senate Committee on Environment and Natural Resources, and the160.27house of representatives Committee on Environment and Natural160.28Resources Financeon the future management and use of the 160.29 metropolitan landfill abatement account. 160.30 Sec. 11. [REVISOR'S INSTRUCTION.] 160.31 Except as otherwise provided in this article, the revisor 160.32 shall make the following changes, with appropriate grammatical 160.33 corrections, in Minnesota Statutes and Minnesota Rules: 160.34 (1) delete references to the Pollution Control Agency or 160.35 its commissioner or the Office of Environmental Assistance or 160.36 its director and insert references to the Department of 161.1 Environmental Protection or its commissioner; 161.2 (2) delete references to the Pollution Control Agency where 161.3 it means the Pollution Control Agency Board and insert 161.4 references to the board; 161.5 (3) delete language that is made superfluous by the merger 161.6 of the agency and the office; 161.7 (4) in Minnesota Statutes, chapters 115A to 116, delete 161.8 references to obsolete names of committees in the senate and 161.9 house of representatives and insert generic references to 161.10 committees with jurisdiction over the specified areas of 161.11 governance; and 161.12 (5) in Minnesota Statutes, chapters 115A to 116, delete 161.13 obsolete references to reports required to be submitted to the 161.14 legislature. 161.15 Sec. 12. [REPEALER.] 161.16 Minnesota Statutes 2004, sections 115A.03, subdivisions 8a 161.17 and 22a; 115A.055, subdivision 1; 115A.158, subdivision 3; 161.18 115D.03, subdivision 4; 116.02, subdivision 5; 116.04; and 161.19 473.801, subdivision 6, are repealed. 161.20 ARTICLE 4 161.21 CLEAN WATER LEGACY 161.22 Section 1. [114D.05] [CITATION.] 161.23 This chapter may be cited as the "Clean Water Legacy Act." 161.24 Sec. 2. [114D.10] [LEGISLATIVE PURPOSE.] 161.25 The purpose of the Clean Water Legacy Act is to restore, 161.26 protect, and preserve the quality of Minnesota's surface waters 161.27 by providing authority, direction, and resources to restore and 161.28 maintain water quality standards for surface waters as required 161.29 by section 303(d) of the federal Clean Water Act, United States 161.30 Code, title 42, section 1313(d), and applicable federal 161.31 regulations. 161.32 Sec. 3. [114D.15] [DEFINITIONS.] 161.33 Subdivision 1. [APPLICATION.] The definitions provided in 161.34 this section apply to the terms used in this chapter. 161.35 Subd. 2. [CITIZEN MONITORING.] "Citizen monitoring" means 161.36 monitoring of surface water quality by individuals and 162.1 nongovernmental organizations that is consistent with Pollution 162.2 Control Agency guidance on monitoring procedures, quality 162.3 assurance protocols, and data management. 162.4 Subd. 3. [CLEAN WATER COUNCIL.] "Clean Water Council" or 162.5 "council" means the Clean Water Council created pursuant to 162.6 section 114D.30, subdivision 1. 162.7 Subd. 4. [FEDERAL TMDL REQUIREMENTS.] "Federal TMDL 162.8 requirements" means the requirements of section 303(d) of the 162.9 Clean Water Act, United States Code, title 42, section 1313(d), 162.10 and associated regulations and guidance. 162.11 Subd. 5. [IMPAIRED WATER.] "Impaired water" means surface 162.12 water that does not meet applicable water quality standards. 162.13 Subd. 6. [PUBLIC AGENCIES.] "Public agencies" means all 162.14 state agencies, political subdivisions, joint powers 162.15 organizations, and special purpose units of government with 162.16 authority, responsibility, or expertise in protecting, 162.17 restoring, or preserving the quality of surface waters, managing 162.18 or planning for surface waters and related lands, or financing 162.19 waters-related projects. "Public agencies" also includes the 162.20 University of Minnesota and other public education institutions. 162.21 Subd. 7. [RESTORATION.] "Restoration" means actions, 162.22 including effectiveness monitoring, that are taken to restore 162.23 and maintain water quality standards for impaired waters in 162.24 accordance with a TMDL that has been approved by the United 162.25 States Environmental Protection Agency under federal TMDL 162.26 requirements. 162.27 Subd. 8. [SURFACE WATERS.] "Surface waters" means waters 162.28 of the state as defined in section 115.01, subdivision 22, 162.29 excluding groundwater as defined in section 115.01, subdivision 162.30 6. 162.31 Subd. 9. [THIRD-PARTY TMDL.] "Third-party TMDL" means a 162.32 TMDL that is developed in whole or in part cooperatively between 162.33 representatives from local units of government where the TMDL is 162.34 being completed and a qualified public or private nonprofit 162.35 entity other than the Pollution Control Agency consistent with 162.36 the goals, policies, and priorities in section 114D.20. 163.1 Subd. 10. [TOTAL MAXIMUM DAILY LOAD OR TMDL.] "Total 163.2 maximum daily load" or "TMDL" means a calculation of the maximum 163.3 amount of a pollutant that may be introduced into a surface 163.4 water and still ensure that applicable water quality standards 163.5 for that water are restored and maintained. A TMDL is the sum 163.6 of the pollutant load allocations for all sources of the 163.7 pollutant, including a wasteload allocation for point sources, a 163.8 load allocation for nonpoint sources and natural background, an 163.9 allocation for future growth of point and nonpoint sources, and 163.10 a margin of safety to account for uncertainty about the 163.11 relationship between pollutant loads and the quality of the 163.12 receiving surface water. "Natural background" means 163.13 characteristics of the water body resulting from the 163.14 multiplicity of factors in nature, including climate and 163.15 ecosystem dynamics, that affect the physical, chemical, or 163.16 biological conditions in a water body, but does not include 163.17 measurable and distinguishable pollution that is attributable to 163.18 human activity or influence. A TMDL must take into account 163.19 seasonal variations. 163.20 Subd. 11. [WATER QUALITY STANDARDS.] "Water quality 163.21 standards" for Minnesota surface waters are found in Minnesota 163.22 Rules, chapters 7050 and 7052. 163.23 Sec. 4. [114D.20] [IMPLEMENTATION; COORDINATION; GOALS; 163.24 POLICIES; AND PRIORITIES.] 163.25 Subdivision 1. [COORDINATION AND COOPERATION.] In 163.26 implementing this chapter, public agencies and private entities 163.27 shall take into consideration the relevant provisions of local 163.28 and other applicable water management, conservation, land use, 163.29 land management, and development plans and programs. Public 163.30 agencies with authority for local water management, 163.31 conservation, land use, land management, and development plans 163.32 shall take into consideration the manner in which their plans 163.33 affect the implementation of this chapter. Public agencies 163.34 shall identify opportunities to participate and assist in the 163.35 successful implementation of this chapter, including the funding 163.36 or technical assistance needs, if any, that may be necessary. 164.1 In implementing this chapter, public agencies shall endeavor to 164.2 engage the cooperation of organizations and individuals whose 164.3 activities affect the quality of surface waters, including point 164.4 and nonpoint sources of pollution, and who have authority and 164.5 responsibility for water management, planning, and protection. 164.6 To the extent practicable, public agencies shall endeavor to 164.7 enter into formal and informal agreements and arrangements with 164.8 federal agencies and departments to jointly utilize staff and 164.9 resources to deliver programs or conduct activities to achieve 164.10 the intent of this chapter, including efforts under the federal 164.11 Clean Water Act and other federal farm and soil and water 164.12 conservation programs. 164.13 Subd. 2. [GOALS FOR IMPLEMENTATION.] The following goals 164.14 must guide the implementation of this chapter: 164.15 (1) to identify impaired waters in accordance with federal 164.16 TMDL requirements within ten years after the effective date of 164.17 this section and thereafter to ensure continuing evaluation of 164.18 surface waters for impairments; 164.19 (2) to submit TMDL's to the United States Environmental 164.20 Protection Agency for all impaired waters in a timely manner in 164.21 accordance with federal TMDL requirements; 164.22 (3) to set a reasonable time for implementing restoration 164.23 of each identified impaired water; 164.24 (4) to provide assistance and incentives to prevent waters 164.25 from becoming impaired and to improve the quality of waters 164.26 which are listed as impaired but have no approved TMDL 164.27 addressing the impairment; and 164.28 (5) to promptly seek the delisting of waters from the 164.29 impaired waters list when those waters are shown to achieve the 164.30 designated uses applicable to the waters. 164.31 Subd. 3. [IMPLEMENTATION POLICIES.] The following policies 164.32 must guide the implementation of this chapter: 164.33 (1) develop regional and watershed TMDL's, and TMDL's for 164.34 multiple pollutants, where reasonable and feasible; 164.35 (2) maximize use of available organizational, technical, 164.36 and financial resources to perform sampling, monitoring, and 165.1 other activities to identify impaired waters, including use of 165.2 citizen monitoring; 165.3 (3) maximize opportunities for restoration of impaired 165.4 waters, by prioritizing and targeting of available programmatic, 165.5 financial, and technical resources and by providing additional 165.6 state resources to complement and leverage available resources; 165.7 (4) use existing regulatory authorities to achieve 165.8 restoration for point and nonpoint sources of pollution where 165.9 applicable, and promote the development and use of effective 165.10 nonregulatory measures to address pollution sources for which 165.11 regulations are not applicable; 165.12 (5) use restoration methods that have a demonstrated 165.13 effectiveness in reducing impairments and provide the greatest 165.14 long-term positive impact on water quality protection and 165.15 improvement while incorporating innovative approaches on a 165.16 case-by-case basis; 165.17 (6) identify for the legislature any innovative approaches 165.18 that may strengthen or complement existing programs; and 165.19 (7) identify and encourage implementation of measures to 165.20 prevent waters from becoming impaired and to improve the quality 165.21 of waters that are listed as impaired but have no approved TMDL 165.22 addressing the impairment. 165.23 Subd. 4. [PRIORITIES FOR IDENTIFYING IMPAIRED WATERS.] The 165.24 Pollution Control Agency, in accordance with federal TMDL 165.25 requirements, shall set priorities for identifying impaired 165.26 waters, giving consideration to: 165.27 (1) waters where impairments would pose the greatest 165.28 potential risk to human or aquatic health; and 165.29 (2) waters where data developed through public agency or 165.30 citizen monitoring or other means provides evidence that an 165.31 impaired condition exists. 165.32 Subd. 5. [PRIORITIES FOR PREPARATION OF TMDL'S.] The Clean 165.33 Water Council shall recommend priorities for scheduling and 165.34 preparing TMDL's taking into account the severity of the 165.35 impairment, the designated uses of those waters, and other 165.36 applicable federal TMDL requirements. In recommending 166.1 priorities, the council shall also give consideration to waters 166.2 and watersheds: 166.3 (1) with impairments that pose the greatest potential risk 166.4 to human health; 166.5 (2) with impairments that pose the greatest potential risk 166.6 to aquatic health; 166.7 (3) where other public agencies and participating 166.8 organizations and individuals, especially local, basinwide, or 166.9 regional agencies or organizations, have demonstrated readiness 166.10 to assist in carrying out the responsibilities, including 166.11 availability and organization of human, technical, and financial 166.12 resources necessary to undertake the work; and 166.13 (4) where there is demonstrated coordination and 166.14 cooperation among cities, counties, watershed districts, and 166.15 soil and water conservation districts in planning and 166.16 implementation of activities that will assist in carrying out 166.17 the responsibilities. 166.18 Subd. 6. [PRIORITIES FOR RESTORATION OF IMPAIRED 166.19 WATERS.] In implementing restoration of impaired waters, in 166.20 addition to the priority considerations in subdivision 5, the 166.21 Clean Water Council shall give priority in its recommendations 166.22 for restoration funding from the clean water legacy account to 166.23 restoration projects that: 166.24 (1) coordinate with and utilize existing local authorities 166.25 and infrastructure for implementation; 166.26 (2) can be implemented in whole or in part by providing 166.27 support for existing or ongoing restoration efforts; and 166.28 (3) most effectively leverage other sources of restoration 166.29 funding, including federal, state, local, and private sources of 166.30 funds; and 166.31 (4) show a high potential for early restoration and 166.32 delisting based upon data developed through public agency or 166.33 citizen monitoring or other means. 166.34 Subd. 7. [PRIORITIES FOR FUNDING PREVENTION ACTIONS.] The 166.35 Clean Water Council shall apply the priorities applicable under 166.36 subdivision 6, as far as practicable, when recommending 167.1 priorities for funding actions to prevent waters from becoming 167.2 impaired and to improve the quality of waters which are listed 167.3 as impaired but have no approved TMDL. 167.4 Sec. 5. [114D.25] [ADMINISTRATION; POLLUTION CONTROL 167.5 AGENCY.] 167.6 Subdivision 1. [GENERAL DUTIES AND AUTHORITIES.] (a) The 167.7 Pollution Control Agency, in accordance with federal TMDL 167.8 requirements, shall identify impaired waters and propose a list 167.9 of the waters for review and approval by the United States 167.10 Environmental Protection Agency, develop and approve TMDL's for 167.11 listed impaired waters and submit the approved TMDL's to the 167.12 United States Environmental Protection Agency for final 167.13 approval, and propose to delist waters from the Environmental 167.14 Protection Agency impaired waters list. 167.15 (b) A TMDL must include a statement of the facts and 167.16 scientific data supporting the TMDL and a list of potential 167.17 implementation options, including a range of estimates of the 167.18 cost of implementation and individual wasteload data for any 167.19 point sources addressed by the TMDL. 167.20 (c) The implementation information need not be sent to the 167.21 United States Environmental Protection Agency for review and 167.22 approval. 167.23 Subd. 2. [ADMINISTRATIVE PROCEDURES FOR TMDL 167.24 APPROVAL.] The approval of a TMDL by the Pollution Control 167.25 Agency is a final decision of the agency for purposes of section 167.26 115.05, and is subject to the contested case procedures of 167.27 sections 14.57 to 14.62 in accordance with agency procedural 167.28 rules. The agency shall not submit an approved TMDL to the 167.29 United States Environmental Protection Agency until the time for 167.30 commencing judicial review has run or the judicial review 167.31 process has been completed. A TMDL is not subject to the 167.32 rulemaking requirements of chapter 14, including section 14.386. 167.33 Subd. 3. [TMDL SUBMITTAL REQUIREMENT.] Before submitting a 167.34 TMDL to the United States Environmental Protection Agency, the 167.35 Pollution Control Agency shall comply with the notice and 167.36 procedure requirements of this section. If a contested case 168.1 proceeding is not required for a proposed TMDL, the agency may 168.2 submit the TMDL to the United States Environmental Protection 168.3 Agency no earlier than 30 days after the notice required in 168.4 subdivision 4. If a contested case proceeding is required for a 168.5 TMDL, the TMDL may be submitted to the United States 168.6 Environmental Protection Agency after the contested case 168.7 proceeding and appeal process is completed. 168.8 Subd. 4. [TMDL NOTICE; CONTENTS.] The Pollution Control 168.9 Agency shall give notice of its intention to submit a TMDL to 168.10 the United States Environmental Protection Agency. The notice 168.11 must be given by publication in the State Register and by United 168.12 States mail to persons who have registered their names with the 168.13 agency. The notice must include either a copy of the proposed 168.14 TMDL or an easily readable and understandable description of its 168.15 nature and effect and an announcement of how free access to the 168.16 proposed TMDL can be obtained. In addition, the agency shall 168.17 make reasonable efforts to notify persons or classes of persons 168.18 who may be significantly affected by the TMDL by giving notice 168.19 of its intention in newsletters, newspapers, or other 168.20 publications, or through other means of communication. The 168.21 notice must include a statement informing the public: 168.22 (1) that the public has 30 days in which to submit comment 168.23 in support of or in opposition to the proposed TMDL and that 168.24 comment is encouraged; 168.25 (2) that each comment should identify the portion of the 168.26 proposed TMDL addressed, the reason for the comment, and any 168.27 change proposed; 168.28 (3) of the manner in which persons must request a contested 168.29 case proceeding on the proposed TMDL; 168.30 (4) that the proposed TMDL may be modified if the 168.31 modifications are supported by the data and views submitted; and 168.32 (5) the date on which the 30-day comment period ends. 168.33 Subd. 5. [THIRD-PARTY TMDL DEVELOPMENT.] The Pollution 168.34 Control Agency may enter into agreements with any qualified 168.35 public or private nonprofit entity setting forth the terms and 168.36 conditions under which that entity is authorized to develop a 169.1 third-party TMDL. Before entering into an agreement with an 169.2 entity to develop a third-party TMDL, the Pollution Control 169.3 Agency must make reasonable efforts to notify cities, counties, 169.4 townships, soil and water conservation districts, and watershed 169.5 districts in the area that would be affected by the TMDL. An 169.6 agreement with a third party for a TMDL must ensure that the 169.7 technical committee consist of at least 60 percent local elected 169.8 officials or their designees. In determining whether an entity 169.9 is qualified to develop a third-party TMDL, the agency shall 169.10 consider the technical and administrative qualifications of the 169.11 entity and may not enter into an agreement with a third-party 169.12 entity that has a conflict of interest with respect to the 169.13 development of the third-party TMDL. A third-party TMDL is 169.14 subject to modification and approval by the Pollution Control 169.15 Agency, and must be approved by the Pollution Control Agency 169.16 before it is submitted to the United States Environmental 169.17 Protection Agency. Before submitting a third-party TMDL to the 169.18 Environmental Protection Agency, the Pollution Control Agency 169.19 must comply with the notice and procedure requirements of 169.20 subdivision 3. Approval of a third-party TMDL by the Pollution 169.21 Control Agency is subject to judicial review and contested case 169.22 procedures in the same manner as approval of any other TMDL by 169.23 the Pollution Control Agency. The Pollution Control Agency 169.24 shall consider authorizing the development of third-party TMDL's 169.25 consistent with the goals, policies, and priorities determined 169.26 under this section. 169.27 Sec. 6. [114D.30] [CLEAN WATER COUNCIL.] 169.28 Subdivision 1. [CREATION; DUTIES.] A Clean Water Council 169.29 is created to advise on the administration and implementation of 169.30 this chapter, and foster coordination and cooperation as 169.31 described in section 114D.20, subdivision 1. The council may 169.32 also advise on the development of appropriate processes for 169.33 expert scientific review as described in section 114D.35, 169.34 subdivision 2. The Pollution Control Agency shall provide 169.35 administrative support for the council with the support of other 169.36 member agencies. The members of the council shall elect a chair 170.1 from the nonagency members of the council. 170.2 Subd. 2. [MEMBERSHIP; APPOINTMENT.] The governor must 170.3 appoint the members of the council. The governor must appoint 170.4 one person from each of the following agencies: the Department 170.5 of Natural Resources, the Department of Agriculture, the 170.6 Pollution Control Agency, and the Board of Water and Soil 170.7 Resources. The governor must appoint 14 additional nonagency 170.8 members of the council as follows: 170.9 (1) two members representing statewide farm organizations; 170.10 (2) two members representing business organizations; 170.11 (3) two members representing environmental organizations; 170.12 (4) one member representing soil and water conservation 170.13 districts; 170.14 (5) one member representing watershed districts; 170.15 (6) one member representing organizations focused on 170.16 improvement of Minnesota lakes or streams; 170.17 (7) one member representing an organization of county 170.18 governments; 170.19 (8) two members representing organizations of city 170.20 governments; 170.21 (9) one member representing the Metropolitan Council 170.22 established under section 473.123; and 170.23 (10) one member representing an organization of township 170.24 governments. 170.25 In making appointments, the governor must attempt to 170.26 provide for geographic balance. 170.27 Subd. 3. [TERMS; COMPENSATION; REMOVAL.] The initial terms 170.28 of members representing state agencies and the Metropolitan 170.29 Council expire on the first Monday in January, 2007. 170.30 Thereafter, the terms of members representing the state agencies 170.31 and the Metropolitan Council are four years and are coterminous 170.32 with the governor. The terms of other members of the council 170.33 shall be as provided in section 15.059, subdivision 2. Members 170.34 may serve until their successors are appointed and qualify. 170.35 Compensation and removal of council members is as provided in 170.36 section 15.059, subdivisions 3 and 4. A vacancy on the council 171.1 may be filled by the appointing authority provided in 171.2 subdivision 1 for the remainder of the unexpired term. 171.3 Subd. 4. [IMPLEMENTATION PLAN.] The Clean Water Council 171.4 shall prepare a plan for implementation of this chapter. The 171.5 plan shall address general procedures and timeframes for 171.6 implementing this chapter, and shall include a more specific 171.7 implementation work plan for the next fiscal biennium and a 171.8 framework for setting priorities to address impaired waters 171.9 consistent with section 114D.45, subdivisions 2 to 7. The 171.10 council shall issue the first implementation plan under this 171.11 subdivision by December 1, 2005, and shall issue a revised work 171.12 plan by December 1 of each even-numbered year thereafter. 171.13 Subd. 5. [RECOMMENDATIONS ON APPROPRIATION OF FUNDS.] The 171.14 Clean Water Council shall recommend to the governor the manner 171.15 in which money from the clean water legacy account should be 171.16 appropriated for the purposes identified in section 114D.45, 171.17 subdivision 3. The council's recommendations must be consistent 171.18 with the purposes, policies, goals, and priorities in sections 171.19 114D.05 to 114D.35, and shall allocate adequate support and 171.20 resources to identify impaired waters, develop TMDL's, implement 171.21 restoration of impaired waters, and provide assistance and 171.22 incentives to prevent waters from becoming impaired and improve 171.23 the quality of waters which are listed as impaired but have no 171.24 approved TMDL. The council must recommend methods of ensuring 171.25 that awards of grants, loans, or other funds from the clean 171.26 water legacy account specify the outcomes to be achieved as a 171.27 result of the funding, and specify standards to hold the 171.28 recipient accountable for achieving the desired outcomes. 171.29 Subd. 6. [BIENNIAL REPORT TO LEGISLATURE.] By December 1 171.30 of each even-numbered year, the council shall submit a report to 171.31 the legislature on the activities for which money from the clean 171.32 water legacy account has been or will be spent for the current 171.33 biennium, and the activities for which money from the account is 171.34 recommended to be spent in the next biennium. The report due on 171.35 December 1, 2014, must include an evaluation of the progress 171.36 made through June 30, 2014, in implementing this chapter, the 172.1 need for funding of future implementation of those sections, and 172.2 recommendations for the sources of such funding. 172.3 Sec. 7. [114D.35] [PUBLIC AND STAKEHOLDER PARTICIPATION; 172.4 SCIENTIFIC REVIEW; EDUCATION.] 172.5 Subdivision 1. [PUBLIC AND STAKEHOLDER PARTICIPATION.] 172.6 Public agencies and private entities involved in the 172.7 implementation of this chapter shall encourage participation by 172.8 the public and stakeholders, including local citizens, land 172.9 owners and managers, and public and private organizations, in 172.10 the identification of impaired waters, in developing TMDL's, and 172.11 in planning and implementing restoration of impaired waters. In 172.12 particular, the Pollution Control Agency shall make reasonable 172.13 efforts to provide timely information to the public and to 172.14 stakeholders about impaired waters that have been identified by 172.15 the agency. The agency shall seek broad and early public and 172.16 stakeholder participation in scoping the activities necessary to 172.17 develop a TMDL, including the scientific models, methods, and 172.18 approaches to be used in TMDL development, and to implement 172.19 restoration pursuant to section 114D.15, subdivision 7. 172.20 Subd. 2. [EXPERT SCIENTIFIC ADVICE.] The Clean Water 172.21 Council and public agencies and private entities shall make use 172.22 of available expertise from educational, research, and technical 172.23 organizations, including the University of Minnesota and other 172.24 higher education institutions, to provide appropriate 172.25 independent expert advice on models, methods, and approaches 172.26 used in identifying impaired waters, developing TMDL's, and 172.27 implementing prevention and restoration. 172.28 Subd. 3. [EDUCATION.] The Clean Water Council shall 172.29 develop strategies for informing, educating, and encouraging the 172.30 participation of citizens, stakeholders, and others regarding 172.31 the identification of impaired waters, development of TMDL's, 172.32 and development and implementation of restoration for impaired 172.33 waters. Public agencies shall be responsible for implementing 172.34 the strategies.