HF 3094

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 03/08/2010 01:21pm

A bill for an act
relating to natural resources; modifying certain administrative accounts;
modifying electronic transaction provisions; providing for certain registration
exemptions; modifying all-terrain vehicle provisions; modifying state trails and
canoe and boating routes; modifying fees and disposition of certain receipts;
modifying certain competitive bidding exemptions; modifying horse trail pass
provisions; modifying master plan requirements; modifying the Water Law;
modifying nongame wildlife checkoffs; providing for acquisition of Lake
Vermilion State Park; amending Minnesota Statutes 2008, sections 84.025,
subdivision 9; 84.027, subdivision 15; 84.0856; 84.0857; 84.82, subdivision 3,
by adding a subdivision; 84.92, subdivisions 9, 10; 84.922, subdivision 5, by
adding a subdivision; 84.925, subdivision 1; 85.015, subdivision 14; 85.052,
subdivision 4; 85.22, subdivision 5; 85.32, subdivision 1; 85.43; 85.46, as
amended; 103A.305; 103F.325, by adding a subdivision; 103F.335, subdivision
1; 103G.271, subdivision 3; 103G.285, subdivision 5; 103G.301, subdivision
6; 103G.305, subdivision 2; 103G.315, subdivision 11; 103G.515, subdivision
5; 290.431; 290.432; Minnesota Statutes 2009 Supplement, sections 84.928,
subdivision 1; 85.015, subdivision 13; 86A.09, subdivision 1; 103G.201;
proposing coding for new law in Minnesota Statutes, chapter 103G; repealing
Minnesota Statutes 2008, sections 103G.295; 103G.650.

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

Section 1.

Minnesota Statutes 2008, section 84.025, subdivision 9, is amended to read:

Subd. 9.

Professional services support account.

The commissioner of natural
resources may bill new text begin other governmental units, including tribal governments, and new text end the
various programs carried out by the commissioner for the costs of providing them with
professional support services. Except as provided under section 89.421, receipts must be
credited to a special account in the state treasury and are appropriated to the commissioner
to pay the costs for which the billings were made.

The commissioner of natural resources shall submit to the commissioner of
management and budget before the start of each fiscal year a work plan showing the
estimated work to be done during the coming year, the estimated cost of doing the work,
and the positions and fees that will be necessary. This account is exempted from statewide
and agency indirect cost payments.

Sec. 2.

Minnesota Statutes 2008, section 84.027, subdivision 15, is amended to read:

Subd. 15.

Electronic transactions.

(a) The commissioner may receive an
application for, sell, and issue any license, stamp, permit, pass, sticker, deleted text begin duplicate deleted text end new text begin gift
card, new text end safety training certification, registration, or transfer under the jurisdiction of the
commissioner by electronic means, including by telephone. Notwithstanding section
97A.472, electronic and telephone transactions may be made outside of the state. The
commissioner may:

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

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

(3) charge and permit agents to charge a fee of individuals who make electronic
transactions and transactions by telephone or Internet, including issuing fees and an
additional transaction fee not to exceed $3.50;

(4) charge and permit agents to charge a convenience fee not to exceed three percent
of the cost of the license to individuals who use electronic bank cards for payment. An
electronic licensing system agent charging a fee of individuals making an electronic
bank card transaction in person must post a sign informing individuals of the fee. The
sign must be near the point of payment, clearly visible, include the amount of the fee, and
state: "License agents are allowed by state law to charge a fee not to exceed three percent
of the cost of state licenses to persons who use electronic bank cards for payment. The
fee is not required by state law.";

(5) establish, by written order, an electronic licensing system commission to be
paid by revenues generated from all sales made through the electronic licensing system.
The commissioner shall establish the commission in a manner that neither significantly
overrecovers nor underrecovers costs involved in providing the electronic licensing
system; and

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

(b) The fees established under paragraph (a), clauses (3) and (4), and the commission
established under paragraph (a), clause (5), are not subject to the rulemaking procedures
of chapter 14 and section 14.386 does not apply.

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

Sec. 3.

Minnesota Statutes 2008, section 84.0856, is amended to read:

84.0856 FLEET MANAGEMENT ACCOUNT.

The commissioner of natural resources may bill organizational units within
the Department of Natural Resources new text begin and other governmental units, including tribal
governments, new text end for the costs of providing them with equipment. Costs billed may include
acquisition, licensing, insurance, maintenance, repair, and other direct costs as determined
by the commissioner. Receipts and interest earned on the receipts shall be credited to a
special account in the state treasury and are appropriated to the commissioner to pay the
costs for which the billings were made.

Sec. 4.

Minnesota Statutes 2008, section 84.0857, is amended to read:

84.0857 FACILITIES MANAGEMENT ACCOUNT.

(a) The commissioner of natural resources may bill organizational units within
the Department of Natural Resources new text begin and other governmental units, including tribal
governments, new text end for the costs of providing them with building and infrastructure facilities.
Costs billed may include modifications and adaptations to allow for appropriate building
occupancy, building code compliance, insurance, utility services, maintenance, repair, and
other direct costs as determined by the commissioner. Receipts shall be credited to a
special account in the state treasury and are appropriated to the commissioner to pay the
costs for which the billings were made.

(b) Money deposited in the special account from the proceeds of a sale under section
94.16, subdivision 3, paragraph (b), is appropriated to the commissioner to acquire
facilities or renovate existing buildings for administrative use or to acquire land for,
design, and construct administrative buildings for the Department of Natural Resources.

Sec. 5.

Minnesota Statutes 2008, section 84.82, subdivision 3, is amended to read:

Subd. 3.

Fees for registration.

(a) The fee for registration of each snowmobile,
other than those used for an agricultural purpose, as defined in section 84.92, subdivision
1c, or those registered by a dealer or manufacturer pursuant to clause (b) or (c) shall be as
follows: $45 for three years and $4 for a duplicate or transfer.

(b) The total registration fee for all snowmobiles owned by a dealer and operated for
demonstration or testing purposes shall be $50 per year.

(c) The total registration fee for all snowmobiles owned by a manufacturer and
operated for research, testing, experimentation, or demonstration purposes shall be $150
per year. Dealer and manufacturer registrations are not transferable.

new text begin (d) The onetime fee for registration of an exempt snowmobile under subdivision
6a is $6.
new text end

Sec. 6.

Minnesota Statutes 2008, section 84.82, is amended by adding a subdivision to
read:

new text begin Subd. 6a. new text end

new text begin Exemption; collector unlimited snowmobile use. new text end

new text begin Snowmobiles may be
issued an exempt registration if the machine is at least 25 years old. Exempt registration is
valid from the date of issuance until ownership of the snowmobile is transferred. Exempt
registrations are not transferable.
new text end

Sec. 7.

Minnesota Statutes 2008, section 84.92, subdivision 9, is amended to read:

Subd. 9.

Class 1 all-terrain vehicle.

"Class 1 all-terrain vehicle" means an
all-terrain vehicle that has a total dry weight of less than deleted text begin 900 deleted text end new text begin 1,000 new text end pounds.

Sec. 8.

Minnesota Statutes 2008, section 84.92, subdivision 10, is amended to read:

Subd. 10.

Class 2 all-terrain vehicle.

"Class 2 all-terrain vehicle" means an
all-terrain vehicle that has a total dry weight of deleted text begin 900 deleted text end new text begin 1,000 new text end to deleted text begin 1,500 deleted text end new text begin 1,800 new text end pounds.

Sec. 9.

Minnesota Statutes 2008, section 84.922, is amended by adding a subdivision
to read:

new text begin Subd. 2b. new text end

new text begin Collector unlimited use; exempt registration. new text end

new text begin All-terrain vehicles may
be issued an exempt registration if requested and the machine is at least 25 years old.
Exempt registration is valid from the date of issuance until ownership of the all-terrain
vehicle is transferred. Exempt registrations are not transferable.
new text end

Sec. 10.

Minnesota Statutes 2008, section 84.922, subdivision 5, is amended to read:

Subd. 5.

Fees for registration.

(a) The fee for a three-year registration of
an all-terrain vehicle under this section, other than those registered by a dealer or
manufacturer under paragraph (b) or (c), is:

(1) for public use, $45;

(2) for private use, $6; and

(3) for a duplicate or transfer, $4.

(b) The total registration fee for all-terrain vehicles owned by a dealer and operated
for demonstration or testing purposes is $50 per year. Dealer registrations are not
transferable.

(c) The total registration fee for all-terrain vehicles owned by a manufacturer and
operated for research, testing, experimentation, or demonstration purposes is $150 per
year. Manufacturer registrations are not transferable.

(d) new text begin The onetime fee for registration of an all-terrain vehicle under subdivision 2b
is $6.
new text end

new text begin (e) new text end The fees collected under this subdivision must be credited to the all-terrain
vehicle account.

Sec. 11.

Minnesota Statutes 2008, section 84.925, subdivision 1, is amended to read:

Subdivision 1.

Program established.

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

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

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

Sec. 12.

Minnesota Statutes 2009 Supplement, section 84.928, subdivision 1, is
amended to read:

Subdivision 1.

Operation on roads and rights-of-way.

(a) Unless otherwise
allowed in sections 84.92 to 84.928, a person shall not operate an all-terrain vehicle in
this state along or on the roadway, shoulder, or inside bank or slope of a public road
right-of-way of a trunk, county state-aid, or county highway.

(b) A person may operate a class 1 all-terrain vehicle in the ditch or the outside
bank or slope of a trunk, county state-aid, or county highway unless prohibited under
paragraph (d) or (f).

(c) A person may operate a class 2 all-terrain vehicle within the public road
right-of-way of a county state-aid or county highway on the extreme right-hand side of
the road and left turns may be made from any part of the road if it is safe to do so under
the prevailing conditions, unless prohibited under paragraph (d) or (f). A person may
operate a class 2 all-terrain vehicle on the bank or ditch of a public road right-of-way on a
designated class 2 all-terrain vehicle trail.

(d) A road authority as defined under section 160.02, subdivision 25, may after a
public hearing restrict the use of all-terrain vehicles in the public road right-of-way under
its jurisdiction.

(e) The restrictions in paragraphs (a), (d), (h), (i), and (j) do not apply to the
operation of an all-terrain vehicle on the shoulder, inside bank or slope, ditch, or outside
bank or slope of a trunk, interstate, county state-aid, or county highway new text begin : new text end

new text begin (1) that is part of a funded grant-in-aid trail; or
new text end

new text begin (2) new text end when the all-terrain vehicle is deleted text begin :
deleted text end

deleted text begin (1) deleted text end owned by or operated under contract with a publicly or privately owned utility
or pipeline company deleted text begin ; deleted text end and

deleted text begin (2) deleted text end used for work on utilities or pipelines.

(f) The commissioner may limit the use of a right-of-way for a period of time if the
commissioner determines that use of the right-of-way causes:

(1) degradation of vegetation on adjacent public property;

(2) siltation of waters of the state;

(3) impairment or enhancement to the act of taking game; or

(4) a threat to safety of the right-of-way users or to individuals on adjacent public
property.

The commissioner must notify the road authority as soon as it is known that a closure
will be ordered. The notice must state the reasons and duration of the closure.

(g) A person may operate an all-terrain vehicle registered for private use and used
for agricultural purposes on a public road right-of-way of a trunk, county state-aid, or
county highway in this state if the all-terrain vehicle is operated on the extreme right-hand
side of the road, and left turns may be made from any part of the road if it is safe to do so
under the prevailing conditions.

(h) A person shall not operate an all-terrain vehicle within the public road
right-of-way of a trunk, county state-aid, or county highway from April 1 to August 1 in
the agricultural zone unless the vehicle is being used exclusively as transportation to and
from work on agricultural lands. This paragraph does not apply to an agent or employee
of a road authority, as defined in section 160.02, subdivision 25, or the Department of
Natural Resources when performing or exercising official duties or powers.

(i) A person shall not operate an all-terrain vehicle within the public road
right-of-way of a trunk, county state-aid, or county highway between the hours of one-half
hour after sunset to one-half hour before sunrise, except on the right-hand side of the
right-of-way and in the same direction as the highway traffic on the nearest lane of the
adjacent roadway.

(j) A person shall not operate an all-terrain vehicle at any time within the
right-of-way of an interstate highway or freeway within this state.

Sec. 13.

Minnesota Statutes 2009 Supplement, section 85.015, subdivision 13, is
amended to read:

Subd. 13.

Arrowhead Region Trails, in Cook, Lake, St. Louis, Pine, Carlton,
Koochiching, and Itasca Counties.

(a)(1) The Taconite Trail shall originate at Ely in St.
Louis County and extend southwesterly to Tower in St. Louis County, thence westerly to
McCarthy Beach State Park in St. Louis County, thence southwesterly to Grand Rapids in
Itasca County and there terminate;

(2) The C. J. Ramstad/Northshore Trail shall originate in Duluth in St. Louis County
and extend northeasterly to Two Harbors in Lake County, thence northeasterly to Grand
Marais in Cook County, thence northeasterly to the international boundary in the vicinity
of the north shore of Lake Superior, and there terminate;

(3) The Grand Marais to International Falls Trail shall originate in Grand Marais
in Cook County and extend northwesterly, outside of the Boundary Waters Canoe Area,
to Ely in St. Louis County, thence southwesterly along the route of the Taconite Trail to
Tower in St. Louis County, thence northwesterly through the Pelican Lake area in St.
Louis County to International Falls in Koochiching County, and there terminate deleted text begin . deleted text end new text begin ;
new text end

new text begin (4) The Minnesota-Wisconsin Boundary Trail shall originate in Duluth in St. Louis
County and extend southerly to St. Croix State Forest in Pine County.
new text end

(b) The trails shall be developed primarily for riding and hiking.

(c) In addition to the authority granted in subdivision 1, lands and interests in lands
for the Arrowhead Region trails may be acquired by eminent domain. Before acquiring
any land or interest in land by eminent domain the commissioner of administration shall
obtain the approval of the governor. The governor shall consult with the Legislative
Advisory Commission before granting approval. Recommendations of the Legislative
Advisory Commission shall be advisory only. Failure or refusal of the commission to
make a recommendation shall be deemed a negative recommendation.

Sec. 14.

Minnesota Statutes 2008, section 85.015, subdivision 14, is amended to read:

Subd. 14.

Willard Munger Trail System, Chisago, Ramsey, Pine, St. Louis,
Carlton, and Washington Counties.

(a) The trail shall consist of six segments. One
segment shall be known as the Gateway Trail and shall originate at the State Capitol
and extend northerly and northeasterly to William O'Brien State Park, thence northerly
to Taylors Falls in Chisago County. deleted text begin One segment shall be known as the Boundary Trail
and shall originate in Chisago County and extend into Duluth in St. Louis County. deleted text end One
segment shall be known as the Browns Creek Trail and shall originate at Duluth Junction
and extend into Stillwater in Washington County. One segment shall be known as the
Munger Trail and shall originate at Hinckley in Pine County and extend through Moose
Lake in Carlton County to Duluth in St. Louis County. One segment shall be known
as the Alex Laveau Trail and shall originate in Carlton County at Carlton and extend
through Wrenshall to the Minnesota-Wisconsin border. One segment shall be established
that extends the trail to include the cities of Proctor, Duluth, and Hermantown in St.
Louis County.

(b) The Gateway and Browns Creek Trails shall be developed primarily for hiking
and nonmotorized riding and the remaining trails shall be developed primarily for riding
and hiking.

(c) In addition to the authority granted in subdivision 1, lands and interests in lands
for the Gateway and Browns Creek Trails may be acquired by eminent domain.

Sec. 15.

Minnesota Statutes 2008, section 85.052, subdivision 4, is amended to read:

Subd. 4.

Deposit of fees.

(a) Fees paid for providing contracted products and
services within a state park, state recreation area, or wayside, and for special state park
uses under this section shall be deposited in the natural resources fund and credited to a
state parks account.

(b) Gross receipts derived from sales, rentals, or leases of natural resources within
state parks, recreation areas, and waysides, other than those on trust fund lands, must be
deposited in the state treasury and credited to the deleted text begin general fund deleted text end new text begin state parks working capital
account new text end .

(c) Notwithstanding paragraph (b), the gross receipts from the sale of stockpile
materials, aggregate, or other earth materials from the Iron Range Off-Highway Vehicle
Recreation Area shall be deposited in the dedicated accounts in the natural resources fund
from which the purchase of the stockpile material was made.

Sec. 16.

Minnesota Statutes 2008, section 85.22, subdivision 5, is amended to read:

Subd. 5.

Exemption.

Purchases new text begin for resale or rental new text end made from the state parks
working capital deleted text begin fund deleted text end new text begin account new text end are exempt from competitive bidding, notwithstanding
chapter 16C.

Sec. 17.

Minnesota Statutes 2008, section 85.32, subdivision 1, is amended to read:

Subdivision 1.

Areas marked.

The commissioner of natural resources is authorized
in cooperation with local units of government and private individuals and groups when
feasible to mark deleted text begin canoe and boating deleted text end new text begin water trail new text end routes on the Little Fork, Big Fork,
Minnesota, St. Croix, Snake, Mississippi, Red Lake, Cannon, Straight, Des Moines,
Crow Wing, St. Louis, Pine, Rum, Kettle, Cloquet, Root, Zumbro, Pomme de Terre
within Swift County, Watonwan, Cottonwood, Whitewater, Chippewa from Benson in
Swift County to Montevideo in Chippewa County, Long Prairie, Red River of the North,
Sauk, Otter Tail, Redwood, deleted text begin and deleted text end Crow new text begin , and Blue Earth new text end Rivers which have historic and
scenic values and to mark appropriately points of interest, portages, camp sites, and all
dams, rapids, waterfalls, whirlpools, and other serious hazards which are dangerous to
canoe and watercraft travelers.

Sec. 18.

Minnesota Statutes 2008, section 85.43, is amended to read:

85.43 DISPOSITION OF RECEIPTS; PURPOSE.

Fees from cross-country ski passes shall be deposited in the state treasury and
credited to a cross-country ski account in the natural resources fund and, except for the
electronic licensing system commission established by the commissioner under section
84.027, subdivision 15, are appropriated to the commissioner of natural resources for
new text begin the following purposes:
new text end

new text begin (1) new text end grants-in-aid for cross-country ski trails deleted text begin sponsored by deleted text end new text begin to:
new text end

new text begin (i) new text end deleted text begin local units of government deleted text end new text begin counties and municipalities for construction and
maintenance of cross-country ski trails; new text end and

new text begin (ii) new text end special park districts as provided in section 85.44 deleted text begin . deleted text end new text begin for construction and
maintenance of cross-country ski trails; and
new text end

new text begin (2) development and maintenance of state cross-country ski trails.
new text end

Sec. 19.

Minnesota Statutes 2008, section 85.46, as amended by Laws 2009, chapter
37, article 1, sections 22 to 24, is amended to read:

85.46 HORSE deleted text begin TRAIL deleted text end PASS.

Subdivision 1.

Pass in possession.

(a) Except as provided in paragraph (b), while
riding, leading, or driving a horse deleted text begin on horse trails and associated day use areas on state
trails, in state parks, in state recreation areas, and in state forests, deleted text end new text begin on lands administered by
the commissioner, new text end a person 16 years of age or over shall carry in immediate possession
a valid horse deleted text begin trail deleted text end pass. The pass must be available for inspection by a peace officer, a
conservation officer, or an employee designated under section 84.0835.

(b) A valid horse deleted text begin trail deleted text end pass is not required under this section for a person riding,
leading, or driving a horse deleted text begin only deleted text end on deleted text begin the portion of a horse trail deleted text end new text begin property new text end that is owned by
the person or the person's spouse, child, parent, or guardian.

Subd. 2.

License agents.

(a) The commissioner of natural resources may appoint
agents to issue and sell horse deleted text begin trail deleted text end passes. The commissioner may revoke the appointment
of an agent at any time.

(b) The commissioner may adopt additional rules as provided in section 97A.485,
subdivision 11. An agent shall observe all rules adopted by the commissioner for the
accounting and handling of passes according to section 97A.485, subdivision 11.

(c) An agent must promptly deposit and remit all money received from the sale of
passes, except issuing fees, to the commissioner.

Subd. 3.

Issuance.

The commissioner of natural resources and agents shall issue
and sell horse deleted text begin trail deleted text end passes. The pass shall include the applicant's signature and other
information deemed necessary by the commissioner. To be valid, a daily or annual pass
must be signed by the person riding, leading, or driving the horse, and a commercial
annual pass must be signed by the owner of the commercial deleted text begin trail deleted text end riding facility.

Subd. 4.

Pass fees.

(a) The fee for an annual horse deleted text begin trail deleted text end pass is $20 for an individual
16 years of age and over. The fee shall be collected at the time the pass is purchased.
Annual passes are valid for one year beginning January 1 and ending December 31.

(b) The fee for a daily horse deleted text begin trail deleted text end pass is $4 for an individual 16 years of age and
over. The fee shall be collected at the time the pass is purchased. The daily pass is valid
only for the date designated on the pass form.

(c) The fee for a commercial annual horse deleted text begin trail deleted text end pass is $200 and includes issuance
of 15 passes. Additional or individual commercial annual horse deleted text begin trail deleted text end passes may be
purchased by the commercial deleted text begin trail deleted text end riding facility owner at a fee of $20 each. Commercial
annual horse deleted text begin trail deleted text end passes are valid for one year beginning January 1 and ending December
31 and may be affixed to the horse tack, saddle, or person. Commercial annual horse deleted text begin trail deleted text end
passes are not transferable to another commercial deleted text begin trail deleted text end riding facility. For the purposes of
this section, a "commercial deleted text begin trail deleted text end riding facility" is an operation where horses are used for
riding instruction or other equestrian activities for hire or use by others.

Subd. 5.

Issuing fee.

In addition to the fee for a horse deleted text begin trail deleted text end pass, an issuing fee of
$1 per pass shall be charged. The issuing fee shall be retained by the seller of the pass.
Issuing fees for passes sold by the commissioner of natural resources shall be deposited
in the state treasury and credited to the horse deleted text begin trail deleted text end new text begin pass new text end account in the natural resources
fund and are appropriated to the commissioner for the operation of the electronic licensing
system. A pass shall indicate the amount of the fee that is retained by the seller.

Subd. 6.

Disposition of receipts.

Fees collected under this section, except for
the issuing fee, shall be deposited in the state treasury and credited to the horse deleted text begin trail deleted text end
new text begin pass new text end account in the natural resources fund. Except for the electronic licensing system
commission established by the commissioner under section 84.027, subdivision 15, the
fees are appropriated to the commissioner of natural resources for trail acquisition, trail and
facility development, and maintenance, enforcement, and rehabilitation of horse trails or
trails authorized for horse use, whether for riding, leading, or driving, on deleted text begin state trails and in
state parks, state recreation areas, and state forests deleted text end new text begin land administered by the commissioner new text end .

Subd. 7.

Duplicate horse deleted text begin trail deleted text end passes.

The commissioner of natural resources and
agents shall issue a duplicate pass to a person or commercial deleted text begin trail deleted text end riding facility owner
whose pass is lost or destroyed using the process established under section 97A.405,
subdivision 3, and rules adopted thereunder. The fee for a duplicate horse deleted text begin trail deleted text end pass is $2,
with an issuing fee of 50 cents.

Sec. 20.

Minnesota Statutes 2009 Supplement, section 86A.09, subdivision 1, is
amended to read:

Subdivision 1.

Master plan required.

No construction of new facilities or other
development of an authorized unit, other than repairs and maintenance, shall commence
until the managing agency has prepared and submitted to the commissioner of natural
resources and the commissioner has reviewed, pursuant to this section, a master plan for
administration of the unit in conformity with this section. No master plan is required for
wildlife management areas that do not have resident managers, new text begin for scientific and natural
areas, new text end for water access sites, for aquatic management areas, for rest areas, or for boater
waysides.

Sec. 21.

Minnesota Statutes 2008, section 103A.305, is amended to read:

103A.305 JURISDICTION.

Sections 103A.301 to 103A.341 apply if the decision of an agency in a proceeding
involves a question of water policy in one or more of the areas of water conservation, water
pollution, preservation and management of wildlife, drainage, soil conservation, public
recreation, forest management, and municipal planning under section 97A.135; 103A.411;
103E.011; 103E.015; 103G.245; 103G.261; 103G.271; 103G.275; 103G.281; deleted text begin 103G.295,
subdivisions 1 and 2; deleted text end new text begin ; new text end 103G.297 to 103G.311; 103G.315, subdivisions 1, 10,
11, and 12; 103G.401; 103G.405; 103I.681, subdivision 1; 115.04; or 115.05.

Sec. 22.

Minnesota Statutes 2008, section 103F.325, is amended by adding a
subdivision to read:

new text begin Subd. 6. new text end

new text begin District boundary adjustments. new text end

new text begin (a) Notwithstanding subdivision 1, the
commissioner may, by written order, amend the boundary of the designated area according
to this subdivision. At least 30 days prior to issuing the order, the commissioner must
give notice of the proposed boundary amendment to the local governmental unit and
property owners in the designated area directly affected by the amendment and publish
notice in an official newspaper of general circulation in the county. The commissioner
must consider comments received on the proposed boundary amendment and must make
findings and issue a written order.
new text end

new text begin (b) The commissioner's order is effective 30 days after issuing the order. Before
the effective date, a local unit of government with jurisdiction in the affected area may
contest the order under chapter 14.
new text end

new text begin (c) Boundary amendments under this subdivision remain subject to the acreage
limitations in this section.
new text end

Sec. 23.

Minnesota Statutes 2008, section 103F.335, subdivision 1, is amended to read:

Subdivision 1.

Compliance of ordinances with system.

(a) Within six months after
establishment of a wild, scenic, or recreational river system, new text begin or within six months after
revision of the management plan, new text end each local governmental unit with jurisdiction over a
portion of the system shall adopt or amend its ordinances and land use district maps
to the extent necessary to new text begin substantially new text end comply with the standards and criteria of the
commissioner and the management plan.

(b) If a local government fails to adopt deleted text begin adequate deleted text end new text begin substantially compliant new text end ordinances,
maps, or amendments within six months, the commissioner shall adopt the ordinances,
maps, or amendments in the manner and with the effect specified in section 103F.215.

(c) The commissioner shall assist local governments in the preparation,
implementation, and enforcement of the ordinances.

Sec. 24.

Minnesota Statutes 2009 Supplement, section 103G.201, is amended to read:

103G.201 PUBLIC WATERS INVENTORY.

(a) The commissioner shall maintain a public waters inventory map of each county
that shows the waters of this state that are designated as public waters under the public
waters inventory and classification procedures prescribed under Laws 1979, chapter
199, and shall provide access to a copy of the maps deleted text begin and lists deleted text end . As county public waters
inventory maps deleted text begin and lists deleted text end are revised according to this section, the commissioner shall send
a notification or a copy of the maps deleted text begin and lists deleted text end to the auditor of each affected county.

(b) The commissioner is authorized to revise the deleted text begin list deleted text end new text begin map new text end of public waters established
under Laws 1979, chapter 199, to reclassify those types 3, 4, and 5 wetlands previously
identified as public waters wetlands under Laws 1979, chapter 199, as public waters or as
wetlands under section 103G.005, subdivision 19. The commissioner may only reclassify
public waters wetlands as public waters if:

(1) they are assigned a shoreland management classification by the commissioner
under sections 103F.201 to 103F.221;

(2) they are classified as lacustrine wetlands or deepwater habitats according to
Classification of Wetlands and Deepwater Habitats of the United States (Cowardin,
et al., 1979 edition); or

(3) the state or federal government has become titleholder to any of the beds or
shores of the public waters wetlands, subsequent to the preparation of the public waters
inventory map filed with the auditor of the county, pursuant to paragraph (a), and the
responsible state or federal agency declares that the water is necessary for the purposes
of the public ownership.

(c) The commissioner must provide notice of the reclassification to the local
government unit, the county board, the watershed district, if one exists for the area, and
the soil and water conservation district. Within 60 days of receiving notice from the
commissioner, a party required to receive the notice may provide a resolution stating
objections to the reclassification. If the commissioner receives an objection from a party
required to receive the notice, the reclassification is not effective. If the commissioner does
not receive an objection from a party required to receive the notice, the reclassification
of a wetland under paragraph (b) is effective 60 days after the notice is received by all
of the parties.

(d) The commissioner shall give priority to the reclassification of public waters
wetlands that are or have the potential to be affected by public works projects.

(e) The commissioner may revise the public waters inventory map deleted text begin and list deleted text end of each
county:

(1) to reflect the changes authorized in paragraph (b); and

(2) as needed, to:

(i) correct errors in the original inventory;

(ii) add or subtract trout stream tributaries within sections that contain a designated
trout stream following written notice to the landowner;

(iii) add depleted quarries, and sand and gravel pits, when the body of water exceeds
50 acres and the shoreland has been zoned for residential development; and

(iv) add or subtract public waters that have been created or eliminated as a
requirement of a permit authorized by the commissioner under section 103G.245.

Sec. 25.

Minnesota Statutes 2008, section 103G.271, subdivision 3, is amended to read:

Subd. 3.

Permit restriction during summer months.

The commissioner must not
modify or restrict the amount of appropriation from a groundwater source authorized in a
water use permit issued to irrigate agricultural land deleted text begin under section 103G.295, subdivision
2, deleted text end between May 1 and October 1, unless the commissioner determines the authorized
amount of appropriation endangers a domestic water supply.

Sec. 26.

new text begin [103G.282] MONITORING TO EVALUATE IMPACTS FROM
APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Monitoring equipment. new text end

new text begin The commissioner may require the
installation and maintenance of monitoring equipment to evaluate water resource impacts
from permitted appropriations and proposed projects that require a permit. Monitoring for
water resources that supply more than one appropriator must be designed to minimize
costs to individual appropriators.
new text end

new text begin Subd. 2. new text end

new text begin Measuring devices required. new text end

new text begin Monitoring installations required under
subdivision 1 must be equipped with automated measuring devices to measure water
levels, flows, or conditions. The commissioner may determine the frequency of
measurements and other measuring methods based on the quantity of water appropriated
or used, the source of water, potential connections to other water resources, the method
of appropriating or using water, seasonal and long-term changes in water levels, and any
other facts supplied to the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Reports and costs. new text end

new text begin (a) Records of water measurements under subdivision
2 must be kept for each installation. The measurements must be reported annually to the
commissioner on or before February 15 of the following year in a format or on forms
prescribed by the commissioner.
new text end

new text begin (b) The owner or person in charge of an installation for appropriating or using
waters of the state or a proposal that requires a permit is responsible for all costs related
to establishing and maintaining monitoring installations and to measuring and reporting
data. Monitoring costs for water resources that supply more than one appropriator may be
distributed among all users within a monitoring area determined by the commissioner and
assessed based on volumes of water appropriated and proximity to resources of concern.
new text end

Sec. 27.

Minnesota Statutes 2008, section 103G.285, subdivision 5, is amended to read:

Subd. 5.

Trout streams.

Permits issued after June 3, 1977, to appropriate water
from streams designated trout streams by the commissioner's orders under section deleted text begin 97C.021 deleted text end
new text begin 97C.005 new text end must be limited to temporary appropriations.

Sec. 28.

new text begin [103G.287] GROUNDWATER APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Waiver. new text end

new text begin The commissioner may waive a limitation or requirement in
subdivisions 2 to 6 for just cause.
new text end

new text begin Subd. 2. new text end

new text begin Applications for groundwater appropriations. new text end

new text begin Groundwater use permit
applications are not complete until the applicant has supplied:
new text end

new text begin (1) a water well record as required by section 103I.205, subdivision 9, information
on the subsurface geologic formations penetrated by the well and the formation or aquifer
that will serve as the water source, and geologic information from test holes drilled to
locate the site of the production well;
new text end

new text begin (2) the maximum daily, seasonal, and annual pumpage rates and volumes being
requested;
new text end

new text begin (3) information on groundwater quality in terms of the measures of quality
commonly specified for the proposed water use and details on water treatment necessary
for the proposed use;
new text end

new text begin (4) an inventory of existing wells within 1-1/2 miles of the proposed production well
or within the area of influence, as determined by the commissioner. The inventory must
include information on well locations, depths, geologic formations, depth of the pump or
intake, pumping and nonpumping water levels, and details of well construction; and
new text end

new text begin (5) the results of an aquifer test completed according to specifications approved by
the commissioner. The test must be conducted at the maximum pumping rate requested
in the application and for a length of time adequate to assess or predict impacts to other
wells and surface water and groundwater resources. The permit applicant is responsible
for all costs related to the aquifer test, including the construction of groundwater and
surface water monitoring installations, and water level readings before, during, and after
the aquifer test.
new text end

new text begin Subd. 3. new text end

new text begin Relationship to surface water resources. new text end

new text begin Groundwater appropriations
that have potential impacts to surface waters are subject to applicable provisions in
section 103G.285.
new text end

new text begin Subd. 4. new text end

new text begin Protection of groundwater supplies. new text end

new text begin The commissioner may establish
water appropriation limits to protect groundwater resources. When establishing water
appropriation limits to protect groundwater resources, the commissioner must consider
current and projected water levels and water supply management objectives in section
103G.265, subdivision 1.
new text end

new text begin Subd. 5. new text end

new text begin Groundwater management areas. new text end

new text begin The commissioner may designate
groundwater management areas and limit total annual water appropriations and uses
within a designated area to ensure future supplies. Water appropriations and uses within a
designated management area must be consistent with a plan approved by the commissioner
that addresses water conservation requirements and water allocation priorities established
in section 103G.261.
new text end

new text begin Subd. 6. new text end

new text begin Interference with other wells. new text end

new text begin The commissioner may issue water use
permits for appropriation from groundwater only if the commissioner determines that
adequate water supplies are available for the proposed use without reducing water levels
beyond the reach of public water supply and private domestic wells constructed according
to Minnesota Rules, chapter 4725.
new text end

Sec. 29.

Minnesota Statutes 2008, section 103G.301, subdivision 6, is amended to read:

Subd. 6.

Filing application.

deleted text begin (a) deleted text end An application for a permit must be filed with the
commissioner and if the proposed activity for which the permit is requested is within a
municipality, or is within or affects a watershed district or a soil and water conservation
district, a copy of the application with maps, plans, and specifications must be served on
the mayor of the municipality, the secretary of the board of managers of the watershed
district, and the secretary of the board of supervisors of the soil and water conservation
district.

deleted text begin (b) If the application is required to be served on a local governmental unit under
this subdivision, proof of service must be included with the application and filed with
the commissioner.
deleted text end

Sec. 30.

Minnesota Statutes 2008, section 103G.305, subdivision 2, is amended to read:

Subd. 2.

Exception.

The requirements of subdivision 1 do not apply to applications
for a water use permit for:

(1) deleted text begin appropriations from waters of the state for irrigation, under section 103G.295; deleted text end

deleted text begin (2) deleted text end appropriations for diversion from the basin of origin of more than 2,000,000
gallons per day average in a 30-day period; or

deleted text begin (3) deleted text end new text begin (2) new text end appropriations with a consumptive use of more than 2,000,000 gallons per
day average for a 30-day period.

Sec. 31.

Minnesota Statutes 2008, section 103G.315, subdivision 11, is amended to
read:

Subd. 11.

Limitations on permits.

(a) Except as otherwise expressly provided by
law, a permit issued by the commissioner under this chapter is subject to:

(1) cancellation by the commissioner at any time if necessary to protect the public
interests;

(2) further conditions on the term of the permit or its cancellation as the
commissioner may prescribe and amend and reissue the permit; and

(3) applicable law existing before or after the issuance of the permit.

(b) Permits issued to irrigate agricultural land deleted text begin under section 103G.295, or considered
issued, deleted text end are subject to this subdivision and are subject to cancellation by the commissioner
upon the recommendation of the supervisors of the soil and water conservation district
where the land to be irrigated is located.

Sec. 32.

Minnesota Statutes 2008, section 103G.515, subdivision 5, is amended to read:

Subd. 5.

Removal of hazardous dams.

Notwithstanding any provision of
this section or of section 103G.511 relating to cost sharing or apportionment, the
commissioner, within the limits of legislative appropriation, may assume or pay the entire
cost of removal of a privately or publicly owned dam upon determining new text begin removal provides
the lowest cost solution and:
new text end

new text begin (1) new text end that continued existence of the structure presents a significant public safety
hazard, or prevents restoration of an important fisheries resource deleted text begin , deleted text end new text begin ; new text end or

new text begin (2) new text end that public or private property is being damaged due to partial failure of the
structure deleted text begin , and that an attempt to assess costs of removal against the private or public
owner would be of no avail deleted text end .

Sec. 33.

new text begin [103G.651] REMOVING SUNKEN LOGS FROM PUBLIC WATERS.
new text end

new text begin The commissioner of natural resources must not issue leases to remove sunken logs
or issue permits for the removal of sunken logs from public waters.
new text end

Sec. 34.

Minnesota Statutes 2008, section 290.431, is amended to read:

290.431 NONGAME WILDLIFE CHECKOFF.

Every individual who files an income tax return or property tax refund claim form
may designate on their original return that $1 or more shall be added to the tax or deducted
from the refund that would otherwise be payable by or to that individual and paid into an
account to be established for the management of nongame wildlife. The commissioner
of revenue shall, on the income tax return and the property tax refund claim form, notify
filers of their right to designate that a portion of their tax or refund shall be paid into
the nongame wildlife management account. The sum of the amounts so designated to
be paid shall be credited to the nongame wildlife management account for use by the
nongame program deleted text begin of the section of wildlife deleted text end in the Department of Natural Resources. All
interest earned on money accrued, gifts to the program, contributions to the program, and
reimbursements of expenditures in the nongame wildlife management account shall be
credited to the account by the commissioner of management and budget, except that
gifts or contributions received directly by the commissioner of natural resources and
directed by the contributor for use in specific nongame field projects or geographic
areas shall be handled according to section 84.085, subdivision 1. The commissioner
of natural resources shall submit a work program for each fiscal year and semiannual
progress reports to the Legislative-Citizen Commission on Minnesota Resources in the
form determined by the commission. deleted text begin None of the money provided in this section may be
deleted text end deleted text begin expended unless the commission has approved the work program. deleted text end

The state pledges and agrees with all contributors to the nongame wildlife
management account to use the funds contributed solely for the management of nongame
wildlife projects and further agrees that it will not impose additional conditions or
restrictions that will limit or otherwise restrict the ability of the commissioner of natural
resources to use the available funds for the most efficient and effective management of
nongame wildlife. new text begin The commissioner may use funds appropriated for nongame wildlife
programs for the purpose of developing, preserving, restoring, and maintaining wintering
habitat for neotropical migrant birds in Latin America and the Caribbean under agreement
or contract with any nonprofit organization dedicated to the construction, maintenance, and
repair of such projects that are acceptable to the governmental agency having jurisdiction
over the land and water affected by the projects. Under this authority, the commissioner
may execute agreements and contracts if the commissioner determines that the use of the
funds will benefit neotropical migrant birds that breed in or migrate through the state.
new text end

Sec. 35.

Minnesota Statutes 2008, section 290.432, is amended to read:

290.432 CORPORATE NONGAME WILDLIFE CHECKOFF.

A corporation that files an income tax return may designate on its original return that
$1 or more shall be added to the tax or deducted from the refund that would otherwise be
payable by or to that corporation and paid into the nongame wildlife management account
established by section 290.431 for use by deleted text begin the section of wildlife in deleted text end the Department of
Natural Resources for its nongame wildlife program. The commissioner of revenue shall,
on the corporate tax return, notify filers of their right to designate that a portion of their
tax return be paid into the nongame wildlife management account for the protection of
endangered natural resources. All interest earned on money accrued, gifts to the program,
contributions to the program, and reimbursements of expenditures in the nongame wildlife
management account shall be credited to the account by the commissioner of management
and budget, except that gifts or contributions received directly by the commissioner of
natural resources and directed by the contributor for use in specific nongame field projects
or geographic areas shall be handled according to section 84.085, subdivision 1. The
commissioner of natural resources shall submit a work program for each fiscal year to
the Legislative-Citizen Commission on Minnesota Resources in the form determined by
the commission. deleted text begin None of the money provided in this section may be spent unless the
deleted text end deleted text begin commission has approved the work program. deleted text end

The state pledges and agrees with all corporate contributors to the nongame wildlife
account to use the funds contributed solely for the nongame wildlife program and further
agrees that it will not impose additional conditions or restrictions that will limit or
otherwise restrict the ability of the commissioner of natural resources to use the available
funds for the most efficient and effective management of those programs.

Sec. 36. new text begin ACQUISITION; LAKE VERMILION STATE PARK.
new text end

new text begin Notwithstanding any law to the contrary, the commissioner of natural resources may
acquire by gift or purchase the lands for Lake Vermilion State Park. The commissioner
may pay up to $18,000,000 for the lands for Lake Vermilion State Park.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 37. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin (a) The revisor of statutes shall change the term "horse trail pass" to "horse pass"
wherever it appears in Minnesota Statutes and Minnesota Rules.
new text end

new text begin (b) The revisor of statutes shall change the term "canoe and boating routes" or
similar term to "water trail routes" or similar term wherever it appears in Minnesota
Statutes and Minnesota Rules.
new text end

new text begin (c) The revisor of statutes shall change the term "Minnesota Conservation Corps"
to "Conservation Corps Minnesota" wherever it appears in Minnesota Statutes and
Minnesota Rules.
new text end

Sec. 38. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, sections 103G.295; and 103G.650, new text end new text begin are repealed.
new text end