HF 253

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; creating a board of 
  1.3             natural resources; transferring certain powers and 
  1.4             duties of the commissioner to board of natural 
  1.5             resources; amending Minnesota Statutes 1998, sections 
  1.6             84.027, subdivision 2; 84.029, subdivision 2; 84.03; 
  1.7             84.033; 84.035, subdivisions 8 and 10; 84.0895, 
  1.8             subdivisions 3 and 7; 84.45; 84.80, subdivision 1; 
  1.9             84.86, subdivision 1; 84.942, subdivisions 2 and 3; 
  1.10            84.944; 84A.55, subdivisions 9 and 11; 84A.56; 85.052, 
  1.11            subdivision 1; 86B.205, subdivision 9; 88.09; 89.002; 
  1.12            89.01, subdivision 2; 89.032; 89.19; 90.041, 
  1.13            subdivision 2; 92.06, subdivision 4; 92.35; 92.45; 
  1.14            93.47, subdivisions 2 and 3; 97A.055, subdivision 4a; 
  1.15            97A.101, subdivision 2; 97A.141, subdivision 4; 
  1.16            97A.145; 97C.205; 97C.211, subdivision 2; 103B.511, 
  1.17            subdivision 1; 103B.531, subdivision 3; 103F.155; 
  1.18            103F.221, subdivision 2; 103F.325, subdivision 4; 
  1.19            103F.335, subdivisions 1 and 2; 103F.601, subdivision 
  1.20            1; 103G.121, subdivision 2; 103G.315, subdivisions 3 
  1.21            and 5; proposing coding for new law in Minnesota 
  1.22            Statutes, chapter 84. 
  1.23  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.24     Section 1.  [84.0265] [BOARD OF NATURAL RESOURCES.] 
  1.25     Subdivision 1.  [CREATION.] The board of natural resources 
  1.26  is created.  The board shall consist of the commissioner of 
  1.27  natural resources and one citizen from each congressional 
  1.28  district in the state appointed by the governor, by and with the 
  1.29  advice and consent of the senate. 
  1.30     Subd. 2.  [ADMINISTRATION.] The membership terms, 
  1.31  compensation, removal of members, and filling of vacancies on 
  1.32  the board shall be as provided in section 15.0575. 
  1.33     Subd. 3.  [MEMBERSHIP.] The membership of the board of 
  1.34  natural resources shall be broadly representative of the skills 
  2.1   and experience necessary to effectuate the natural resources 
  2.2   policy of section 84.027, except that no member other than the 
  2.3   commissioner shall be an officer or employee of the state or 
  2.4   federal government.  One member shall be a person knowledgeable 
  2.5   in the field of agriculture. 
  2.6      Sec. 2.  Minnesota Statutes 1998, section 84.027, 
  2.7   subdivision 2, is amended to read: 
  2.8      Subd. 2.  [BOARD DUTIES.] The commissioner board of natural 
  2.9   resources shall have charge and control of all the public lands, 
  2.10  parks, timber, waters, minerals, and wild animals of the state 
  2.11  and of the use, sale, leasing, or other disposition thereof, and 
  2.12  of all records pertaining to the performance of 
  2.13  the commissioner's board's functions relating thereto. 
  2.14     Sec. 3.  Minnesota Statutes 1998, section 84.029, 
  2.15  subdivision 2, is amended to read: 
  2.16     Subd. 2.  [ACQUISITION OF LAND FOR TRAILS.] The 
  2.17  commissioner board of natural resources may acquire, by gift, 
  2.18  purchase, or lease, easements or other interests in land for 
  2.19  trails, and recreational uses related to trails, where necessary 
  2.20  to complete trails established primarily in state forests, state 
  2.21  parks, or other public land under the jurisdiction of 
  2.22  the commissioner board, when railroad rights-of-way are 
  2.23  abandoned, when the use of township roads is compatible with 
  2.24  vehicular travel, and when needed to complete trails established 
  2.25  by the legislature.  
  2.26     Sec. 4.  Minnesota Statutes 1998, section 84.03, is amended 
  2.27  to read: 
  2.28     84.03 [ADDITIONAL BOARD DUTIES AND POWERS.] 
  2.29     Subdivision 1.  [STATISTICS; ADVERTISING.] (a) So far as 
  2.30  practicable the commissioner board of natural resources shall 
  2.31  collect and arrange statistics and other information in 
  2.32  reference to the lands and general and special resources of the 
  2.33  state.  
  2.34     (b) The commissioner board is hereby authorized and 
  2.35  empowered to take such measures as the commissioner board may 
  2.36  deem advisable to advertise, both within and without the state, 
  3.1   sales of all state lands, and to secure, compile, and issue such 
  3.2   valuable statistics of the resources of the state.  
  3.3      Subd. 2.  [RULES; FEES.] The commissioner board of natural 
  3.4   resources may adopt and promulgate reasonable rules, not 
  3.5   inconsistent with law, governing the use and enjoyment of state 
  3.6   land reserved from sale, state parks, state water access sites, 
  3.7   state trails, state monuments, state scientific and natural 
  3.8   areas, state wilderness areas, and recreational areas owned by 
  3.9   other state, local and federal agencies and operated under 
  3.10  agreement by the department of natural resources, which shall 
  3.11  have the force and effect of law.  A reasonable fee may be 
  3.12  fixed, charged, and collected by the commissioner board for the 
  3.13  privilege of the use of any or all of the foregoing privileges 
  3.14  and facilities.  
  3.15     Subd. 3.  [REPORT TO LEGISLATURE; LONG-RANGE PLAN.] 
  3.16  The commissioner board of natural resources, on or before 
  3.17  November 15 of each even numbered year, shall report to the 
  3.18  legislature the commissioner's board's acts and doings, with 
  3.19  recommendation for the improvement or conservation of state 
  3.20  parks, state water access sites, state trails, and state 
  3.21  monuments, state scientific and natural areas, state forests, 
  3.22  state wildlife management areas, public hunting grounds, public 
  3.23  shooting grounds, food and cover planting areas, wildlife lands, 
  3.24  recreational or public hunting areas, state wild and scenic 
  3.25  rivers, state wilderness areas, and all other recreational lands 
  3.26  under the jurisdiction of the department of natural resources, 
  3.27  and for desirable accessions thereto, such report to include an 
  3.28  inventory of the tracts and parcels of land, and rights, 
  3.29  interests, and easements therein, held by the state or withdrawn 
  3.30  from sale for any of these purposes, with the value thereof, and 
  3.31  a list of the name, location, size, and description of each 
  3.32  state trail, state scientific and natural area, state wildlife 
  3.33  management area, state water access site, and state wild, 
  3.34  scenic, or recreational river designated by the board or 
  3.35  commissioner of natural resources, and each public hunting 
  3.36  grounds, public shooting grounds, food and cover planting area, 
  4.1   wildlife lands, and recreational or public hunting area acquired 
  4.2   by the commissioner board since the last report.  
  4.3   The commissioner board shall maintain a long-range plan 
  4.4   governing the use of the public domain under the commissioner's 
  4.5   board's jurisdiction.  
  4.6      Sec. 5.  Minnesota Statutes 1998, section 84.033, is 
  4.7   amended to read: 
  4.8      84.033 [SCIENTIFIC AND NATURAL AREAS.] 
  4.9      The commissioner board of natural resources may acquire by 
  4.10  gift, lease, easement, or purchase, in the manner prescribed 
  4.11  under chapter 117, in the name of the state, lands or any 
  4.12  interest in lands suitable and desirable for establishing and 
  4.13  maintaining scientific and natural areas.  The commissioner 
  4.14  board shall designate any land so acquired as a scientific and 
  4.15  natural area and.  The commissioner of natural resources shall 
  4.16  administer any land so acquired and designated as provided by 
  4.17  section 86A.05.  
  4.18     Sec. 6.  Minnesota Statutes 1998, section 84.035, 
  4.19  subdivision 8, is amended to read: 
  4.20     Subd. 8.  [DITCH ABANDONMENTS.] In order to eliminate 
  4.21  repairs or improvements to any public drainage system that 
  4.22  crosses a peatland scientific and natural area in those 
  4.23  instances where the repair or improvement adversely affects an 
  4.24  area, the commissioner board of natural resources may petition 
  4.25  for the abandonment of parts of the public drainage system under 
  4.26  section 103E.811.  If the public drainage system is necessary as 
  4.27  a drainage outlet for lands outside of the peatland scientific 
  4.28  and natural area, the commissioner will board shall cooperate 
  4.29  with the ditch authority in the development of feasible and 
  4.30  prudent alternative means of providing a drainage outlet which 
  4.31  avoids the crossing of and damage to the peatland scientific and 
  4.32  natural area.  In so doing, the commissioner board shall grant 
  4.33  flowage easements to the ditch authority for disposal of the 
  4.34  outlet water on other state lands.  The ditch authority shall 
  4.35  approve the abandonment of parts of any public drainage system 
  4.36  crossing a peatland scientific and natural area if the public 
  5.1   drainage system crossing of those areas is not necessary as a 
  5.2   drainage outlet for lands outside of the areas or if there are 
  5.3   feasible and prudent alternative means of providing a drainage 
  5.4   outlet without crossing such areas.  In any abandonment under 
  5.5   this subdivision the commissioner board may enter into an 
  5.6   agreement with the ditch authority regarding apportionment of 
  5.7   costs and, contingent upon appropriations of money for that 
  5.8   purpose, may agree to pay a reasonable share of the cost of 
  5.9   abandonment. 
  5.10     Sec. 7.  Minnesota Statutes 1998, section 84.035, 
  5.11  subdivision 10, is amended to read: 
  5.12     Subd. 10.  [ACQUISITION OF PEATLAND SCIENTIFIC AND NATURAL 
  5.13  AREAS.] The commissioner board of natural resources may acquire 
  5.14  by purchase the surface interests, including peat, of lands 
  5.15  within the boundaries of the peatland areas described in section 
  5.16  84.036, that are owned, or that hereafter become owned, by the 
  5.17  state and administered by the local county board. 
  5.18     The commissioner board shall designate any land acquired 
  5.19  under this subdivision as peatland scientific and natural area 
  5.20  and.  The commissioner of natural resources shall preserve and 
  5.21  administer any land so acquired and designated in accordance 
  5.22  with subdivision 5 and section 86A.05. 
  5.23     Sec. 8.  Minnesota Statutes 1998, section 84.0895, 
  5.24  subdivision 3, is amended to read: 
  5.25     Subd. 3.  [DESIGNATION.] (a) The commissioner board of 
  5.26  natural resources shall adopt rules under chapter 14, to 
  5.27  designate species of wild animal or plant as: 
  5.28     (1) endangered, if the species is threatened with 
  5.29  extinction throughout all or a significant portion of its range; 
  5.30     (2) threatened, if the species is likely to become 
  5.31  endangered within the foreseeable future throughout all or a 
  5.32  significant portion of its range; or 
  5.33     (3) species of special concern, if although the species is 
  5.34  not endangered or threatened, it is extremely uncommon in this 
  5.35  state, or has unique or highly specific habitat requirements and 
  5.36  deserves careful monitoring of its status.  Species on the 
  6.1   periphery of their range that are not listed as threatened may 
  6.2   be included in this category along with those species that were 
  6.3   once threatened or endangered but now have increasing or 
  6.4   protected, stable populations. 
  6.5      (b) The range of the species in this state is a factor in 
  6.6   determining its status as endangered, threatened, or of special 
  6.7   concern.  A designation by the secretary of the interior that a 
  6.8   species is threatened or endangered is a prima facie showing 
  6.9   under this section. 
  6.10     (c) The commissioner board shall reevaluate the designated 
  6.11  species list every three years after it is first adopted and 
  6.12  make appropriate changes.  The review must consider the need for 
  6.13  further protection of species on the species of special concern 
  6.14  list.  Species may be withdrawn from designation in the same 
  6.15  manner that species are designated.  
  6.16     Sec. 9.  Minnesota Statutes 1998, section 84.0895, 
  6.17  subdivision 7, is amended to read: 
  6.18     Subd. 7.  [GENERAL EXCEPTIONS.] (a) The commissioner board 
  6.19  of natural resources may prescribe conditions for an act 
  6.20  otherwise prohibited by subdivision 1 if: 
  6.21     (1) the act is for the purpose of zoological, educational, 
  6.22  or scientific study; 
  6.23     (2) the act enhances the propagation or survival of the 
  6.24  affected species; 
  6.25     (3) the act prevents injury to persons or property; or 
  6.26     (4) the social and economic benefits of the act outweigh 
  6.27  the harm caused by it. 
  6.28     (b) A member of an endangered species may not be destroyed 
  6.29  under clause (3) or (4) until all alternatives, including live 
  6.30  trapping and transplantation, have been evaluated and rejected.  
  6.31  The commissioner board may prescribe conditions to propagate a 
  6.32  species or subspecies. 
  6.33     (c) A person may capture or destroy a member of an 
  6.34  endangered species, without permit, to avoid an immediate and 
  6.35  demonstrable threat to human life or property. 
  6.36     (d) The commissioner board must give approval under this 
  7.1   subdivision for forest management, including permit, sale, or 
  7.2   lease of land for timber harvesting.  
  7.3      Sec. 10.  Minnesota Statutes 1998, section 84.45, is 
  7.4   amended to read: 
  7.5      84.45 [COMMISSIONER, BOARD; POWERS AND DUTIES.] 
  7.6      The commissioner board of natural resources shall designate 
  7.7   such wilderness areas within the limits hereinbefore authorized 
  7.8   as the commissioner board shall determine after investigation to 
  7.9   be necessary for the purposes of sections 84.43 to 84.52, and to 
  7.10  add to, withdraw from, or otherwise modify such designations 
  7.11  from time to time as the fulfillment of such purposes may 
  7.12  require.  Such designations shall be made by rules adopted as 
  7.13  provided by and subject to the laws relating to rules of 
  7.14  administrative agencies of the state, and may be modified or 
  7.15  rescinded in like manner; provided, that in addition to or in 
  7.16  connection with the proceedings required under said laws, the 
  7.17  commissioner of natural resources board or an authorized agent 
  7.18  shall hold a public hearing on any proposal for a designation or 
  7.19  a change therein hereunder at a place designated by the 
  7.20  commissioner board in a county containing lands affected 
  7.21  thereby, of which at least two weeks' published notice shall be 
  7.22  given in each county affected, and at least 30 days' notice 
  7.23  shall be given by mail to the county auditor of each such county.
  7.24     Sec. 11.  Minnesota Statutes 1998, section 84.80, 
  7.25  subdivision 1, is amended to read: 
  7.26     Subdivision 1.  [RULES.] The commissioner board of natural 
  7.27  resources shall adopt rules under chapter 14 relating to: 
  7.28     (1) the use of off-road vehicles, in a manner consistent 
  7.29  with protection of the environment, on public lands and waters 
  7.30  under the jurisdiction of the commissioner of natural 
  7.31  resources board, including measures to minimize adverse impacts 
  7.32  on soils, waters, vegetation, and wildlife; 
  7.33     (2) off-road vehicle equipment and safety standards, in 
  7.34  consultation with the commissioner of public safety; 
  7.35     (3) uniform signs to be used by the state, counties, and 
  7.36  cities to control, direct, or regulate the operation and use of 
  8.1   off-road vehicles; and 
  8.2      (4) maximum off-road vehicle sound levels. 
  8.3      Sec. 12.  Minnesota Statutes 1998, section 84.86, 
  8.4   subdivision 1, is amended to read: 
  8.5      Subdivision 1.  [RULES.] With a view of achieving maximum 
  8.6   use of snowmobiles consistent with protection of the environment 
  8.7   the commissioner board of natural resources shall adopt rules in 
  8.8   the manner provided by chapter 14, for the following purposes: 
  8.9      (1) Registration of snowmobiles and display of registration 
  8.10  numbers. 
  8.11     (2) Use of snowmobiles insofar as game and fish resources 
  8.12  are affected. 
  8.13     (3) Use of snowmobiles on public lands and waters, or on 
  8.14  grant-in-aid trails, including, but not limited to, the use of 
  8.15  specified metal traction devices and nonmetal traction devices. 
  8.16     (4) Uniform signs to be used by the state, counties, and 
  8.17  cities, which are necessary or desirable to control, direct, or 
  8.18  regulate the operation and use of snowmobiles. 
  8.19     (5) Specifications relating to snowmobile mufflers. 
  8.20     (6) A comprehensive snowmobile information and safety 
  8.21  education and training program, including but not limited to the 
  8.22  preparation and dissemination of snowmobile information and 
  8.23  safety advice to the public, the training of snowmobile 
  8.24  operators, and the issuance of snowmobile safety certificates to 
  8.25  snowmobile operators who successfully complete the snowmobile 
  8.26  safety education and training course.  For the purpose of 
  8.27  administering such program and to defray a portion of the 
  8.28  expenses of training and certifying snowmobile operators, the 
  8.29  commissioner shall collect a fee of not to exceed $5 from each 
  8.30  person who receives the youth and young adult training and a fee 
  8.31  established under chapter 16A from each person who receives the 
  8.32  adult training.  The commissioner shall deposit the fee in the 
  8.33  snowmobile trails and enforcement account and the amount thereof 
  8.34  is appropriated annually to the commissioner of natural 
  8.35  resources for the administration of such programs.  The 
  8.36  commissioner shall cooperate with private organizations and 
  9.1   associations, private and public corporations, and local 
  9.2   governmental units in furtherance of the program established 
  9.3   under this clause.  The commissioner shall consult with the 
  9.4   commissioner of public safety in regard to training program 
  9.5   subject matter and performance testing that leads to the 
  9.6   certification of snowmobile operators. 
  9.7      (7) The operator of any snowmobile involved in an accident 
  9.8   resulting in injury requiring medical attention or 
  9.9   hospitalization to or death of any person or total damage to an 
  9.10  extent of $500 or more, shall forward a written report of the 
  9.11  accident to the commissioner on such form as the commissioner 
  9.12  shall prescribe.  If the operator is killed or is unable to file 
  9.13  a report due to incapacitation, any peace officer investigating 
  9.14  the accident shall file the accident report within ten business 
  9.15  days. 
  9.16     Sec. 13.  Minnesota Statutes 1998, section 84.942, 
  9.17  subdivision 2, is amended to read: 
  9.18     Subd. 2.  [STRATEGIC PLAN.] The board of natural resources 
  9.19  shall update the strategic plan must be updated every six years 
  9.20  and.  The strategic plan shall include: 
  9.21     (1) an issues analysis describing major fish and wildlife 
  9.22  management problems; 
  9.23     (2) a description of strategies to address management 
  9.24  problems; and 
  9.25     (3) an assessment of the need for additional fish and 
  9.26  wildlife research facilities. 
  9.27     Sec. 14.  Minnesota Statutes 1998, section 84.942, 
  9.28  subdivision 3, is amended to read: 
  9.29     Subd. 3.  [LONG-RANGE PLAN.] The board of natural resources 
  9.30  shall update the long-range plan must be updated every six years 
  9.31  and.  The long-range plan shall include: 
  9.32     (1) an assessment of historical, present, and projected 
  9.33  demand for fish and wildlife resources; 
  9.34     (2) an assessment of the capability of fish and wildlife 
  9.35  resources to meet present and future demand; 
  9.36     (3) development of a database capable of continuous 
 10.1   updating and usable as a resource management tool; and 
 10.2      (4) a statement of major goals, objectives, and policies to 
 10.3   address fish and wildlife resource management issues. 
 10.4      Sec. 15.  Minnesota Statutes 1998, section 84.944, is 
 10.5   amended to read: 
 10.6      84.944 [ACQUISITION OF CRITICAL NATURAL HABITAT.] 
 10.7      Subdivision 1.  [ACQUISITION CONSIDERATIONS.] (a) In 
 10.8   determining what critical natural habitat shall be acquired or 
 10.9   improved, the commissioner board of natural resources shall 
 10.10  consider: 
 10.11     (1) the significance of the land or water as existing or 
 10.12  potential habitat for fish and wildlife and providing fish and 
 10.13  wildlife oriented recreation; 
 10.14     (2) the significance of the land, water, or habitat 
 10.15  improvement to maintain or enhance native plant, fish, or 
 10.16  wildlife species designated as endangered or threatened under 
 10.17  section 84.0895; 
 10.18     (3) the presence of native ecological communities that are 
 10.19  now uncommon or diminishing; and 
 10.20     (4) the significance of the land, water or habitat 
 10.21  improvement to protect or enhance natural features within or 
 10.22  contiguous to natural areas including fish spawning areas, 
 10.23  wildlife management areas, scientific and natural areas, 
 10.24  riparian habitat and fish and wildlife management projects. 
 10.25     (b) Based on the above clauses, the commissioner board by 
 10.26  rule must establish a process to prioritize what critical 
 10.27  habitat shall be acquired or improved. 
 10.28     Subd. 2.  [DESIGNATION OF ACQUIRED SITES.] The critical 
 10.29  natural habitat acquired in fee title by the commissioner board 
 10.30  of natural resources under this section shall be designated by 
 10.31  the commissioner board as:  (1) an outdoor recreation unit 
 10.32  pursuant to section 86A.07, subdivision 3, or (2) as provided in 
 10.33  sections 97A.101, 97A.125, 97C.001, and 97C.011.  
 10.34  The commissioner board may so designate any critical natural 
 10.35  habitat acquired in less than fee title. 
 10.36     Subd. 3.  [COUNTY ACQUISITION APPROVAL.] The 
 11.1   commissioner board of natural resources must follow the 
 11.2   procedures under section 97A.145, subdivision 2, for critical 
 11.3   natural habitat acquired under this section. 
 11.4      Sec. 16.  Minnesota Statutes 1998, section 84A.55, 
 11.5   subdivision 9, is amended to read: 
 11.6      Subd. 9.  [DRAINAGE.] The commissioner board of natural 
 11.7   resources may make necessary investigations and surveys for and 
 11.8   may undertake projects for the drainage of state-owned lands 
 11.9   within a game preserve, conservation area, or other area subject 
 11.10  to this section so far as the commissioner board determines that 
 11.11  the lands will benefit from the project for the purposes for 
 11.12  which the area was established.  The commissioner board may pay 
 11.13  the cost of drainage projects out of funds appropriated and 
 11.14  available for them.  If the commissioner board finds after 
 11.15  investigation that a project for the construction, repair, or 
 11.16  improvement of a public ditch or ditch system undertaken by a 
 11.17  county or other public agency as otherwise provided by law will 
 11.18  benefit the lands for those purposes, the commissioner board may 
 11.19  cooperate in the project by joining in the petition for the 
 11.20  project or consenting to or approving it on any conditions 
 11.21  the commissioner board determines.  The commissioner board shall 
 11.22  authorize the imposition of assessments for the projects on the 
 11.23  lands in any amounts the commissioner board determines, or may 
 11.24  make lump sum contributions to the county or other public funds 
 11.25  established for the payment of the cost of the project.  The 
 11.26  assessments or contributions must not exceed the value of 
 11.27  benefits to the state-owned lands as determined by 
 11.28  the commissioner board and specified by written certificates or 
 11.29  other statement filed in the proceedings.  Assessments or 
 11.30  contributions are payable only out of funds appropriated and 
 11.31  available for them in amounts the commissioner board determines. 
 11.32  The commissioner of natural resources board shall establish by 
 11.33  rule before January 1, 1986, the criteria for determining 
 11.34  benefits to state-owned lands held or used to protect or 
 11.35  propagate wildlife, provide hunting or fishing for the public, 
 11.36  or serve other purposes relating to conservation, development, 
 12.1   or use of soil, water, forests, wild animals, or related natural 
 12.2   resources.  
 12.3      Sec. 17.  Minnesota Statutes 1998, section 84A.55, 
 12.4   subdivision 11, is amended to read: 
 12.5      Subd. 11.  [RULES.] The commissioner board of natural 
 12.6   resources may promulgate rules necessary for the execution of 
 12.7   this section, including the conditions of licenses and permits 
 12.8   under subdivision 7 and the amount of license fees.  In addition 
 12.9   to notice required by other law, the commissioner board must 
 12.10  give 30 days' notice posted in each township affected by the 
 12.11  rules.  The rules have the force of law, and any violation of 
 12.12  rules is a misdemeanor.  Lands within a game preserve, area, or 
 12.13  project referred to in subdivision 1, whether owned privately or 
 12.14  by the state or any governmental subdivision, are subject to the 
 12.15  rules consistent with the constitutional rights of private 
 12.16  owners or other applicable state law. 
 12.17     Sec. 18.  Minnesota Statutes 1998, section 84A.56, is 
 12.18  amended to read: 
 12.19     84A.56 [CONSOLIDATED CONSERVATION LAND ACQUISITION AND 
 12.20  DISPOSITION.] 
 12.21     Subdivision 1.  [CONSOLIDATED CONSERVATION LAND ACQUISITION 
 12.22  AND DISPOSITION PLAN.] Before the commissioner board of natural 
 12.23  resources may acquire or dispose of land in the game preserves, 
 12.24  areas, and projects established under section 84A.01, 84A.20, or 
 12.25  84A.31, in any county, the commissioner board must prepare a 
 12.26  county land acquisition and disposition plan.  The plan must 
 12.27  identify the general areas where the commissioner board intends 
 12.28  to acquire or dispose of land and their accompanying reasons.  
 12.29  The plan must emphasize a balance of uplands and wetlands.  
 12.30     Subd. 2.  [REVIEW BY COUNTY BOARD.] The plan must be 
 12.31  submitted to the county board for review and comment.  
 12.32  The county board must notify the commissioner board of natural 
 12.33  resources of any concerns or disagreements with the plan within 
 12.34  90 days after receiving the plan or proposal.  
 12.35     Subd. 3.  [DEPARTMENT BOARD REVIEW OF APPRAISALS.] The 
 12.36  county board must submit appraisals for land offered for sale 
 13.1   under this section to the commissioner board of natural 
 13.2   resources for review at least 30 days before the date of the 
 13.3   sale.  
 13.4      Sec. 19.  Minnesota Statutes 1998, section 85.052, 
 13.5   subdivision 1, is amended to read: 
 13.6      Subdivision 1.  [RULES.] The commissioner board of natural 
 13.7   resources may make rules for the use of state parks including: 
 13.8      (1) special parking space for automobiles or other 
 13.9   motor-driven vehicles in a state park or state recreation area; 
 13.10     (2) special parking spurs, campgrounds for automobiles, 
 13.11  sites for tent camping, and special auto trailer coach parking 
 13.12  spaces, for the use of the individual charged for the space; 
 13.13     (3) improvement and maintenance of golf courses already 
 13.14  established in state parks, and charging reasonable use fees; 
 13.15     (4) state park pageant areas that may be established in a 
 13.16  state park to have historical or other pageants conducted by the 
 13.17  commissioner of a state agency or other public agency; and 
 13.18     (5) providing water, sewer, and electric service to trailer 
 13.19  or tent campsites and charging a reasonable use fee.  
 13.20     Sec. 20.  Minnesota Statutes 1998, section 86B.205, 
 13.21  subdivision 9, is amended to read: 
 13.22     Subd. 9.  [WATERCRAFT USE RULES FOR LOCAL WATERS.] (a) On 
 13.23  request of a county, city, or town, the commissioner board of 
 13.24  natural resources may, after determining it to be in the public 
 13.25  interest, establish rules relating to the use of watercraft on 
 13.26  waters of this state that border upon or are within, in whole or 
 13.27  in part, the territorial boundaries of the governmental unit. 
 13.28     (b) The rules shall be established in the manner provided 
 13.29  by sections 14.02 to 14.62, but may not be submitted to the 
 13.30  attorney general nor filed with the secretary of state until 
 13.31  first approved by resolutions of the county boards of a majority 
 13.32  of the counties affected by the proposed rules.  
 13.33     (c) The rules may restrict:  
 13.34     (1) the type and size of watercraft and size of motor that 
 13.35  may use the waters affected by the rule; 
 13.36     (2) the areas of water that may be used by watercraft; 
 14.1      (3) the speed of watercraft; 
 14.2      (4) the times permitted for use of watercraft; or 
 14.3      (5) the minimum distance between watercraft.  
 14.4      (d) When establishing rules, the commissioner board shall 
 14.5   consider the physical characteristics of the waters affected, 
 14.6   their historical uses, shoreland uses and classification, and 
 14.7   other features unique to the waters affected by the rules.  
 14.8      (e) The commissioner board shall inform the users of the 
 14.9   waters of the rules affecting them at least two weeks before the 
 14.10  effective date of the rules by distributing copies of the rules 
 14.11  and by posting of the public accesses of the waters.  The 
 14.12  failure of the commissioner board to comply with this paragraph 
 14.13  does not affect the validity of the rules or a conviction for 
 14.14  violation of the rules.  
 14.15     (f) The cost of publishing rules and of marking and posting 
 14.16  waters under this subdivision shall be paid by the counties 
 14.17  affected by the rules, as apportioned by the commissioner board. 
 14.18     (g) Regulations or ordinances relating to the use of waters 
 14.19  of this state enacted by a local governmental unit before 
 14.20  January 1, 1972, shall continue in effect until repealed by the 
 14.21  local governmental unit or superseded by a rule of the 
 14.22  commissioner board adopted under this subdivision.  
 14.23     Sec. 21.  Minnesota Statutes 1998, section 88.09, is 
 14.24  amended to read: 
 14.25     88.09 [FIRE PROTECTION, LANDS, ACQUISITION.] 
 14.26     Subdivision 1.  [ACCEPTANCE OF LANDS.] The 
 14.27  commissioner board of natural resources may on behalf of the 
 14.28  state accept the title to any tract of land, not exceeding 40 
 14.29  acres in area, or to accept any easement in or upon any tract of 
 14.30  land, which the commissioner board deems necessary or convenient 
 14.31  for the use of the state as locations for fire lookout towers, 
 14.32  warehouses, or other buildings of any kind, or as locations for 
 14.33  firebreaks, or for other use which the commissioner board may 
 14.34  deem suitable.  
 14.35     Subd. 2.  [PURCHASE, LEASE, OR CONDEMNATION.] The 
 14.36  commissioner board of natural resources may on behalf of the 
 15.1   state, where no suitable state lands are available, purchase, 
 15.2   lease or acquire easements on small tracts or parcels of lands, 
 15.3   not exceeding 40 acres in area, to be used as locations for fire 
 15.4   lookout towers, warehouses, or other buildings of any kind, or 
 15.5   as locations for firebreaks, or for any other use which 
 15.6   the commissioner board may deem suitable; also acquire by 
 15.7   condemnation any tract of land, not exceeding 40 acres, for 
 15.8   these purposes; also acquire, by gift, purchase, or 
 15.9   condemnation, any easement or right of way that may be necessary 
 15.10  to provide access to any tract of land so acquired. 
 15.11     Sec. 22.  Minnesota Statutes 1998, section 89.002, is 
 15.12  amended to read: 
 15.13     89.002 [POLICIES.] 
 15.14     Subdivision 1.  [FOREST RESOURCE MANAGEMENT POLICY.] 
 15.15  The commissioner board of natural resources shall manage the 
 15.16  forest resources of state forest lands under the authority of 
 15.17  the commissioner board according to the principles of multiple 
 15.18  use and sustained yield.  The forest resource management policy 
 15.19  shall not supersede any existing duty or authority of 
 15.20  the commissioner board in managing forest lands, but the duties 
 15.21  and authorities, as far as practicable, shall be exercised 
 15.22  consistently with this policy.  The forest resource management 
 15.23  policy is not intended to exclude extractive uses of forest 
 15.24  lands under the authority of the commissioner board pursuant to 
 15.25  state law.  
 15.26     Subd. 2.  [REFORESTATION POLICY.] (a) The commissioner 
 15.27  board of natural resources shall maintain all forest lands under 
 15.28  authority of the commissioner board in appropriate forest cover 
 15.29  with species of trees, degree of stocking, rate of growth and 
 15.30  stand conditions designed to secure optimum public benefits 
 15.31  according to multiple use, sustained yield principles and 
 15.32  consistent with applicable forest management plans.  
 15.33     (b) Each year the commissioner board shall strive to assure 
 15.34  ensure that (1) reforestation occurs annually on an acreage at 
 15.35  least equal to the acreage harvested that year on all forest 
 15.36  lands under the authority of the commissioner board; (2) 
 16.1   additional reforestation is accomplished on areas previously 
 16.2   harvested but not adequately reforested so that the backlog of 
 16.3   reforestation work can be eliminated; and (3) poorly stocked 
 16.4   forest land, or forest land damaged by natural causes, shall be 
 16.5   returned to a state of productivity.  
 16.6      Subd. 3.  [FOREST ROAD POLICY.] The commissioner board of 
 16.7   natural resources shall provide a system of forest roads and 
 16.8   trails which provides access to state forest land and other 
 16.9   forest land under the commissioner's board's authority which is 
 16.10  adequate to permit the commissioner board to manage, protect, 
 16.11  and develop those lands and their forest resources consistent 
 16.12  with the forest resource management policy, and to meet demands 
 16.13  for forest resources.  
 16.14     Sec. 23.  Minnesota Statutes 1998, section 89.01, 
 16.15  subdivision 2, is amended to read: 
 16.16     Subd. 2.  [BOARD'S DUTIES.] The commissioner board of 
 16.17  natural resources shall execute all rules pertaining to forestry 
 16.18  and forest protection within the jurisdiction of the state; have 
 16.19  charge of the work of protecting all forests and lands from 
 16.20  fire; shall investigate the origin of all forest fires; and 
 16.21  prosecute all violators as provided by law; shall and prepare 
 16.22  and print for public distribution an abstract of the forest fire 
 16.23  laws of Minnesota, together with such rules as may be formulated.
 16.24     The commissioner board shall prepare printed notices 
 16.25  calling attention to the dangers from forest fires and cause 
 16.26  them to be posted in conspicuous places.  
 16.27     Sec. 24.  Minnesota Statutes 1998, section 89.032, is 
 16.28  amended to read: 
 16.29     89.032 [ACQUISITION OF LAND.] 
 16.30     Subdivision 1.  [ACQUISITION.] The commissioner board of 
 16.31  natural resources may acquire administrative sites or rights of 
 16.32  way by eminent domain, in the manner provided by law, or by 
 16.33  purchase any lands or interest in lands in the state forests as 
 16.34  created by law, which the commissioner board deems necessary for 
 16.35  state use, and development.  
 16.36     Subd. 2.  [STATE FOREST PURPOSES.] The commissioner board 
 17.1   of natural resources may acquire lands or interest in lands for 
 17.2   state forest purposes subject to mineral reservations. 
 17.3      Subd. 3.  [LEASES.] The commissioner board of natural 
 17.4   resources may lease any land which the commissioner board deems 
 17.5   necessary for use for buildings, lookout towers, or other 
 17.6   facilities for forestry purposes for such period as deemed 
 17.7   necessary.  
 17.8      Sec. 25.  Minnesota Statutes 1998, section 89.19, is 
 17.9   amended to read: 
 17.10     89.19 [RULES.] 
 17.11     The commissioner board of natural resources may prescribe 
 17.12  adopt rules governing the use of forest lands under the 
 17.13  authority of the commissioner board and state forest roads, or 
 17.14  any parts thereof, by the public and governing the exercise by 
 17.15  holders of leases or permits on forest lands and state forest 
 17.16  roads of all their rights under the leases or permits.  
 17.17     Sec. 26.  Minnesota Statutes 1998, section 90.041, 
 17.18  subdivision 2, is amended to read: 
 17.19     Subd. 2.  [TRESPASS CLAIMS.] The commissioner board of 
 17.20  natural resources may compromise and settle, with the approval 
 17.21  of the attorney general, upon terms the commissioner board deems 
 17.22  just, any claim of the state for casual and involuntary trespass 
 17.23  upon state lands or timber; provided that no claim shall be 
 17.24  settled for less than the full value of all timber or other 
 17.25  materials taken in casual trespass or the full amount of all 
 17.26  actual damage or loss suffered by the state as a result.  
 17.27  The commissioner board shall advise the executive council of any 
 17.28  information acquired by the commissioner board concerning any 
 17.29  trespass on state lands, giving all details and names of 
 17.30  witnesses and all compromises and settlements made under this 
 17.31  subdivision. 
 17.32     Sec. 27.  Minnesota Statutes 1998, section 92.06, 
 17.33  subdivision 4, is amended to read: 
 17.34     Subd. 4.  [IMPROVEMENTS, WHEN PAYMENT NOT NECESSARY.] (a) 
 17.35  If a person has made improvements to the land and if:  (1) the 
 17.36  commissioner board of natural resources believes that person 
 18.1   settled the land in good faith as homestead land under the laws 
 18.2   of the United States before it was certified to the state, (2) 
 18.3   the improvements were lawfully made by that person as a lessee 
 18.4   of the state, or (3) the commissioner board determines, based on 
 18.5   clear and convincing evidence provided by the person, that the 
 18.6   improvements were made by the person as an inadvertent 
 18.7   trespasser, then the value of the improvements must be 
 18.8   separately appraised and, if the settler, lessee, or inadvertent 
 18.9   trespasser purchases the land, the settler, lessee, or 
 18.10  inadvertent trespasser is not required to pay for the 
 18.11  improvements. 
 18.12     (b) If another person purchases the land, that person must 
 18.13  pay the owner of the improvements, in addition to all other 
 18.14  required payments, the appraised amount for the improvements.  
 18.15  Payment for improvements must be made within 15 days of the 
 18.16  auction sale, either in cash or upon terms and conditions 
 18.17  agreeable to the owner of the improvements. 
 18.18     (c) If payment for improvements is not made in cash, and if 
 18.19  there is no agreement between the parties within 15 days of the 
 18.20  auction sale, the commissioner board may: 
 18.21     (1) sell the property to the second highest qualified 
 18.22  bidder if that bidder submitted to the commissioner's board's 
 18.23  representative, at the auction sale, a written request to buy 
 18.24  the property at a specified price; or 
 18.25     (2) void the sale and reoffer the property at a subsequent 
 18.26  sale. 
 18.27     (d) This subdivision does not apply unless the owner of the 
 18.28  improvements makes a verified application to the commissioner 
 18.29  board showing entitlement to the improvements before the first 
 18.30  state public sale at which the land is offered for sale.  The 
 18.31  applicant must appear at the sale and offer to purchase the land 
 18.32  for at least its appraised value including all timber on it, and 
 18.33  make the purchase if no higher bid is received.  Actions or 
 18.34  other proceedings involving the land in question begun before 
 18.35  the sale must have been completed. 
 18.36     Sec. 28.  Minnesota Statutes 1998, section 92.35, is 
 19.1   amended to read: 
 19.2      92.35 [BOARD DUTIES AND POWERS.] 
 19.3      The commissioner board of natural resources must classify 
 19.4   all public and private lands in the state by the use to which 
 19.5   the lands are adapted, but principally as to adaptability to 
 19.6   present known uses, such as agriculture and forestry.  This 
 19.7   classification must be based on consideration of the known 
 19.8   physical and economic factors affecting use of the land.  The 
 19.9   commissioner board must consult private, state, and federal 
 19.10  agencies concerned with land use.  The commissioner board may 
 19.11  appoint advisory committees of residents of the state concerned 
 19.12  with and interested in land use.  The advisory committees shall 
 19.13  serve without pay, at the pleasure of the commissioner board.  
 19.14  The advisory committee must consider and report on land use 
 19.15  problems submitted by the commissioner board.  The 
 19.16  classification must be done first in the counties having land 
 19.17  classification committees.  In determining the land 
 19.18  classification, the commissioner board must consult and 
 19.19  cooperate with the land classification committee.  The 
 19.20  determination of the land classification committee is final. 
 19.21     Sec. 29.  Minnesota Statutes 1998, section 92.45, is 
 19.22  amended to read: 
 19.23     92.45 [STATE LAND ON MEANDERED LAKES WITHDRAWN FROM SALE.] 
 19.24     (a) All state lands bordering on or adjacent to meandered 
 19.25  lakes and other public waters and watercourses, with the live 
 19.26  timber growing on them, are withdrawn from sale except as 
 19.27  provided in this section. 
 19.28     (b) The commissioner board of natural resources may sell 
 19.29  the timber as otherwise provided by law for cutting and removal 
 19.30  under conditions the commissioner board prescribes.  The 
 19.31  conditions must be in accordance with approved, sustained-yield 
 19.32  forestry practices.  The commissioner board must reserve the 
 19.33  timber and impose other conditions the commissioner board deems 
 19.34  necessary to protect watersheds, wildlife habitat, shorelines, 
 19.35  and scenic features.  Within the area in Cook, Lake, and St. 
 19.36  Louis counties described in the act of Congress approved July 
 20.1   10, 1930, (Statutes at Large, volume 46, page 1020), the timber 
 20.2   on state lands is subject to restrictions like those now imposed 
 20.3   by the act on federal lands. 
 20.4      (c) The following land is reserved for public travel:  of 
 20.5   all land bordering on or adjacent to meandered lakes and other 
 20.6   public waters and watercourses and withdrawn from sale, a strip 
 20.7   two rods wide, the ordinary high-water mark being its waterside 
 20.8   boundary, and its landside boundary a line drawn parallel to the 
 20.9   ordinary high-water mark and two rods distant landward from it.  
 20.10  Wherever the conformation of the shore line or conditions 
 20.11  require, the commissioner board must reserve a wider strip. 
 20.12     (d) The commissioner board may sell state lands bordering 
 20.13  on or adjacent to the Mississippi river or any lakes, waters, 
 20.14  and watercourses in its bottom lands, desired or needed by the 
 20.15  United States government for, or in connection with, any project 
 20.16  heretofore authorized by Congress, to improve navigation in the 
 20.17  Mississippi River at public sale according to law, as in other 
 20.18  cases, upon application by an authorized United States 
 20.19  official.  The application must describe the land and include a 
 20.20  map showing its location with reference to adjoining properties. 
 20.21     Sec. 30.  Minnesota Statutes 1998, section 93.47, 
 20.22  subdivision 2, is amended to read: 
 20.23     Subd. 2.  [REGULATION CONSIDERATIONS.] (a) In determining 
 20.24  the extent and type of regulation required, the commissioner 
 20.25  board of natural resources shall give due consideration to the 
 20.26  effects of mining upon the following: 
 20.27     (a) (1) environment; 
 20.28     (b) (2) the future utilization of the land upon completion 
 20.29  of mining; and 
 20.30     (c) (3) the wise utilization and protection of the natural 
 20.31  resources including but not limited to the control of erosion, 
 20.32  the prevention of land or rock slides, and air and water 
 20.33  pollution.  
 20.34     (b) The commissioner board also shall give due 
 20.35  consideration to: 
 20.36     (a) (1) the future and economic effect of such regulations 
 21.1   upon the mine operators and landowners, the surrounding 
 21.2   communities, and the state of Minnesota; 
 21.3      (b) (2) the effect upon employment in the state; 
 21.4      (c) (3) the effect upon the future mining and development 
 21.5   of metallic minerals owned by the state of Minnesota and others, 
 21.6   and the revenues received therefrom; and 
 21.7      (d) (4) the practical problems of the mine operators and 
 21.8   mineral owners including, but not limited to, slope gradients as 
 21.9   achieved by good mining or soil stabilization practices.  
 21.10     Sec. 31.  Minnesota Statutes 1998, section 93.47, 
 21.11  subdivision 3, is amended to read: 
 21.12     Subd. 3.  [RULES.] (a) Upon completion of the study and 
 21.13  survey under subdivision 1 and consistent with the declared 
 21.14  policy of sections 93.44 to 93.51, the commissioner board of 
 21.15  natural resources, pursuant to chapter 14, may adopt rules 
 21.16  pertaining to that portion of mining operations conducted 
 21.17  subsequent to the effective date of such the rules and subject 
 21.18  to the provisions of any rights existing pursuant to any permit, 
 21.19  license, lease or other valid existing authorization issued by 
 21.20  the board, the commissioner, the Pollution Control Agency or any 
 21.21  other governmental entity, or their predecessors in office, and 
 21.22  subject to any applicable mine safety laws or rules now existing 
 21.23  or hereafter adopted, in regard to the following: 
 21.24     (a) (1) mine waste disposal,; 
 21.25     (b) (2) mining areas, including but not limited to plant 
 21.26  facilities and equipment,; and 
 21.27     (c) (3) permits to mine, as required by section 93.481. 
 21.28     (b) To the greatest extent possible, within the authority 
 21.29  possessed by the commissioner board, the rules so 
 21.30  promulgated adopted shall substantially comply with or exceed 
 21.31  any minimum mineland reclamation requirements which that may be 
 21.32  established pursuant to a federal Mineland Reclamation Act.  The 
 21.33  rules so promulgated adopted also shall conform with any state 
 21.34  and local land use planning program; provided further. 
 21.35     (c) The commissioner board shall develop procedures that 
 21.36  will identify areas or types of areas which that, if mined, 
 22.1   cannot be reclaimed with existing techniques to satisfy the 
 22.2   rules promulgated adopted under this subdivision, and.  The 
 22.3   commissioner will shall not issue permits to mine such areas 
 22.4   until the commissioner board determines technology is available 
 22.5   to satisfy the rules so promulgated adopted under this 
 22.6   subdivision.  
 22.7      Sec. 32.  Minnesota Statutes 1998, section 97A.055, 
 22.8   subdivision 4a, is amended to read: 
 22.9      Subd. 4a.  [CITIZEN OVERSIGHT COMMITTEES.] (a) The 
 22.10  commissioner board of natural resources shall appoint committees 
 22.11  of affected persons to review the reports prepared under 
 22.12  subdivision 4 and other relevant information and make 
 22.13  recommendations to the legislature and the commissioner board 
 22.14  for improvements in the management and use of money in the game 
 22.15  and fish fund. 
 22.16     (b) The commissioner board shall appoint the following 
 22.17  committees: 
 22.18     (1) a committee to review the annual game and fish fund 
 22.19  report and address general game and fish fund issues; 
 22.20     (2) a committee to address funding issues related to 
 22.21  fishing; 
 22.22     (3) a committee to review the report on the small game 
 22.23  license surcharge and the report required in subdivision 4, 
 22.24  paragraph (a), clause (2), and address funding issues related to 
 22.25  hunting; 
 22.26     (4) a committee to review the trout and salmon stamp report 
 22.27  and address funding issues related to trout and salmon; 
 22.28     (5) a committee to review the report on the migratory 
 22.29  waterfowl stamp and address funding issues related to migratory 
 22.30  waterfowl; 
 22.31     (6) a committee to review the report on the pheasant stamp 
 22.32  and address funding issues related to pheasants; and 
 22.33     (7) a committee to review the report on the turkey stamp 
 22.34  and address funding issues related to wild turkeys. 
 22.35     Sec. 33.  Minnesota Statutes 1998, section 97A.101, 
 22.36  subdivision 2, is amended to read: 
 23.1      Subd. 2.  [MANAGEMENT DESIGNATION.] (a) The 
 23.2   commissioner board of natural resources may designate, reserve, 
 23.3   and manage public waters for wildlife after giving notice and 
 23.4   holding a public hearing.  The hearing must be held in the 
 23.5   county where the major portion of the waters is located.  Notice 
 23.6   of the hearing must be published in a legal newspaper within 
 23.7   each county where the waters are located at least seven days 
 23.8   before the hearing. 
 23.9      (b) The commissioner board may contract with riparian 
 23.10  owners for water projects under section 103G.121, subdivision 3, 
 23.11  and may acquire land, accept local funding, and construct, 
 23.12  maintain, and operate structures to control water levels under 
 23.13  section 103G.505 to manage designated waters.  
 23.14     Sec. 34.  Minnesota Statutes 1998, section 97A.141, 
 23.15  subdivision 4, is amended to read: 
 23.16     Subd. 4.  [COOPERATION WITH METROPOLITAN GOVERNMENTAL 
 23.17  UNITS.] Local units of government owning lands adjacent to 
 23.18  public waters within the seven-county metropolitan area shall 
 23.19  cooperate with the commissioner to use those lands for public 
 23.20  access purposes when identified by the commissioner under 
 23.21  subdivision 1.  If cooperation does not occur, the 
 23.22  commissioner board of natural resources may use condemnation 
 23.23  authority under this section to acquire an interest in the local 
 23.24  government lands for public access purposes. 
 23.25     Sec. 35.  Minnesota Statutes 1998, section 97A.145, is 
 23.26  amended to read: 
 23.27     97A.145 [WETLANDS FOR WILDLIFE.] 
 23.28     Subdivision 1.  [ACQUISITION; GENERALLY.] (a) The 
 23.29  commissioner board of natural resources or the commissioner of 
 23.30  administration may acquire wetlands and bordering areas, 
 23.31  including marshes, ponds, small lakes, and stream bottoms for 
 23.32  water conservation relating to wildlife development.  The lands 
 23.33  that are acquired may be developed for wildlife, recreation, and 
 23.34  public hunting.  The wetlands may be acquired by gift, lease, 
 23.35  purchase, or exchange of state lands. 
 23.36     (b) The commissioner board may also acquire land owned by 
 24.1   the state and tax-forfeited land that is suitable for wildlife 
 24.2   development.  The wetlands may not be acquired unless public 
 24.3   access by right-of-way or easement from a public road is also 
 24.4   acquired or available.  In acquiring wetlands under this section 
 24.5   the commissioner board shall assign highest priority to type 3 
 24.6   and 4 wetlands, as defined in United States Fish and Wildlife 
 24.7   Service Circular No. 39 (1971 edition), that are public waters.  
 24.8   Lands purchased or leased under this section may not be used to 
 24.9   produce crops unless needed for wildlife.  The commissioner 
 24.10  board may designate land acquired under this section as a 
 24.11  wildlife management area for purposes of the outdoor recreation 
 24.12  system.  
 24.13     Subd. 2.  [ACQUISITION PROCEDURE.] (a) Lands purchased or 
 24.14  leased under this section must be acquired in accordance with 
 24.15  this subdivision.  
 24.16     (b) The commissioner must notify the county board and the 
 24.17  town officers where the land is located and furnish them a 
 24.18  description of the land to be acquired.  The county board must 
 24.19  approve or disapprove the proposed acquisition within 90 days 
 24.20  after being notified.  The commissioner may extend the time up 
 24.21  to 30 days.  The soil and water conservation district 
 24.22  supervisors shall counsel the county board on drainage and flood 
 24.23  control and the best utilization and capability of the land.  
 24.24     (c) If the county board approves the acquisition within the 
 24.25  prescribed time, the commissioner board of natural resources may 
 24.26  acquire the land.  
 24.27     (d) If the county board disapproves the acquisition, it 
 24.28  must state valid reasons.  The commissioner board of natural 
 24.29  resources may not purchase or lease the land if the county board 
 24.30  disapproves the acquisition and states its reasons within the 
 24.31  prescribed time period.  The landowner or the commissioner board 
 24.32  of natural resources may appeal the disapproval to the district 
 24.33  court having jurisdiction where the land is located.  
 24.34     (e) The commissioner board of natural resources or the 
 24.35  owner of the land may submit the proposed acquisition to the 
 24.36  land exchange board if:  (1) the county board does not give 
 25.1   reason for disapproval, or does not approve or disapprove the 
 25.2   acquisition within the prescribed time period; or (2) the court 
 25.3   finds that the disapproval is arbitrary and capricious, or that 
 25.4   the reasons stated for disapproval are invalid. 
 25.5      (f) The land exchange board must conduct a hearing and make 
 25.6   a decision on the acquisition within 60 days after receiving the 
 25.7   proposal.  The land exchange board must give notice of the 
 25.8   hearing to the county board, the commissioner board of natural 
 25.9   resources, the landowner, and other interested parties.  The 
 25.10  land exchange board must consider the interests of the county, 
 25.11  the state, and the landowner in determining whether the 
 25.12  acquisition is in the public interest.  If a majority of the 
 25.13  land exchange board members approves the acquisition, 
 25.14  the commissioner board of natural resources may acquire the 
 25.15  land.  If a majority disapproves, the commissioner board of 
 25.16  natural resources may not purchase or lease the land.  
 25.17     Subd. 3.  [MANAGEMENT.] If a drainage outlet is petitioned 
 25.18  and drainage proceedings are conducted under the Drainage Code, 
 25.19  chapter 103E, the commissioner board of natural resources should 
 25.20  not interfere with or unnecessarily delay the proceedings.  
 25.21     Sec. 36.  Minnesota Statutes 1998, section 97C.205, is 
 25.22  amended to read: 
 25.23     97C.205 [RULES FOR TRANSPORTING AND STOCKING FISH.] 
 25.24     (a) The commissioner board of natural resources may adopt 
 25.25  rules to regulate: 
 25.26     (1) the transportation of fish and fish eggs from one body 
 25.27  of water to another; and 
 25.28     (2) the stocking of waters with fish or fish eggs. 
 25.29     (b) The commissioner board shall prescribe adopt rules 
 25.30  designed to encourage local sporting organizations to propagate 
 25.31  game fish by using rearing ponds.  The rules must:  
 25.32     (1) prescribe methods to acquire brood stock for the ponds 
 25.33  by seining public waters; 
 25.34     (2) allow the sporting organizations to own and use seines 
 25.35  and other necessary equipment; and 
 25.36     (3) prescribe methods for stocking the fish in public 
 26.1   waters that give priority to the needs of the community where 
 26.2   the fish are reared and the desires of the organization 
 26.3   operating the rearing pond.  
 26.4      (c) A person age 16 or under may, for purposes of display 
 26.5   in a home aquarium, transport largemouth bass, smallmouth bass, 
 26.6   yellow perch, rock bass, black crappie, white crappie, bluegill 
 26.7   pumpkinseed, green sunfish, orange spotted sunfish, and black, 
 26.8   yellow, and brown bullheads taken by angling.  No more than four 
 26.9   of each species may be transported at any one time, and any 
 26.10  individual fish can be no longer than ten inches in total length.
 26.11     Sec. 37.  Minnesota Statutes 1998, section 97C.211, 
 26.12  subdivision 2, is amended to read: 
 26.13     Subd. 2.  [RULES FOR OPERATION.] The commissioner board of 
 26.14  natural resources shall prescribe adopt rules that allow a 
 26.15  person to maintain and operate a private fish hatchery to raise 
 26.16  and dispose of fish.  The commissioner board shall establish and 
 26.17  assess a fee to cover the cost of inspection and disease 
 26.18  certification of private hatcheries. 
 26.19     Sec. 38.  Minnesota Statutes 1998, section 103B.511, 
 26.20  subdivision 1, is amended to read: 
 26.21     Subdivision 1.  [PURPOSE.] (a) To preserve and protect the 
 26.22  lakes of the state and to increase and enhance the use and 
 26.23  enjoyment of the lakes it is in the public interest that a 
 26.24  statewide lake improvement program is established to:  preserve 
 26.25  the natural character of lakes and their shoreland environment 
 26.26  where feasible and practical; improve the quality of water in 
 26.27  lakes; provide for reasonable assurance of water quantity in 
 26.28  lakes, where feasible and practicable; and to assure ensure 
 26.29  protection of the lakes from the detrimental effects of human 
 26.30  activities and certain natural processes.  The commissioner 
 26.31  board of natural resources shall coordinate and supervise a 
 26.32  local-state program for the establishment of lake improvement 
 26.33  districts by counties for lakes located within their boundaries, 
 26.34  based on state guidelines and rules and compatible with all 
 26.35  state, regional, and local plans where the plans exist.  
 26.36     (b) In administration of this program, the commissioner of 
 27.1   natural resources board shall consult with and obtain advice 
 27.2   from other state agencies on the aspects of the program over 
 27.3   which the agencies have specific legislative authority, 
 27.4   including the department of health and the pollution control 
 27.5   agency.  
 27.6      Sec. 39.  Minnesota Statutes 1998, section 103B.531, 
 27.7   subdivision 3, is amended to read: 
 27.8      Subd. 3.  [APPROVAL OR DENIAL OF PETITION.] (a) If a 
 27.9   hearing is not to be held, within 30 days following the receipt 
 27.10  of verification by the county, or within 30 days following the 
 27.11  holding of a hearing, the commissioner board of natural 
 27.12  resources shall, by order, approve or disapprove the 
 27.13  establishment of the requested lake improvement district.  
 27.14     (b) If the commissioner board determines that the 
 27.15  establishment of the lake improvement district as requested in 
 27.16  the petition would be for the public welfare and public 
 27.17  interest, and that the purposes of section 103B.511, subdivision 
 27.18  1, would be served by the establishment of a lake improvement 
 27.19  district, the commissioner board shall by order approve the 
 27.20  establishment of the lake improvement district.  If 
 27.21  the commissioner board does not approve the establishment of the 
 27.22  district, the commissioner board shall by order disapprove the 
 27.23  establishment.  
 27.24     (c) An order approving creation may contain modifications 
 27.25  of the area's boundaries, functions, financing, or organization 
 27.26  from what was stated in the petition.  
 27.27     Sec. 40.  Minnesota Statutes 1998, section 103F.155, is 
 27.28  amended to read: 
 27.29     103F.155 [FLOOD PROTECTION PLANS.] 
 27.30     Subdivision 1.  [CONSTRUCTION OF FLOOD PROTECTION 
 27.31  MEASURES.] If emergency flood protection measures are 
 27.32  undertaken, the affected local governmental unit shall submit to 
 27.33  the commissioner board of natural resources a plan outlining 
 27.34  their use as a part of a future comprehensive flood emergency 
 27.35  program.  The plan shall be submitted within 120 days after 
 27.36  construction.  
 28.1      Subd. 2.  [COMMISSIONER'S BOARD'S REVIEW.] (a) The 
 28.2   commissioner board of natural resources shall review the plan 
 28.3   and consult with the state office of civil defense and other 
 28.4   appropriate state and federal agencies.  Following the review, 
 28.5   the commissioner board shall accept, require modification, or 
 28.6   reject the plan.  
 28.7      (b) If required modifications are not made, or if the plan 
 28.8   is rejected, the commissioner board shall order the removal of 
 28.9   the emergency protection measures and shall not provide grant 
 28.10  money under section 103F.161 until the plan is approved or the 
 28.11  required modifications are made. 
 28.12     Sec. 41.  Minnesota Statutes 1998, section 103F.221, 
 28.13  subdivision 2, is amended to read: 
 28.14     Subd. 2.  [COMMISSIONER'S BOARD'S ADOPTION OF ORDINANCE FOR 
 28.15  MUNICIPALITY.] (a) The commissioner board of natural resources 
 28.16  may adopt an ordinance or rules for the municipality if: 
 28.17     (1) a municipality does not have an ordinance or rule 
 28.18  affecting the use and development of shoreland; 
 28.19     (2) the corporate boundaries of the municipality are 
 28.20  expanded to include shorelands not previously included within 
 28.21  the municipal boundaries and the municipality fails to adopt an 
 28.22  ordinance within one year after including the shorelands within 
 28.23  its municipal boundaries; or 
 28.24     (3) the commissioner determines under subdivision 1 that a 
 28.25  municipal shoreland management ordinance does not substantially 
 28.26  comply with the standards and criteria for municipal shoreland 
 28.27  management and that the municipality has failed to make the 
 28.28  necessary changes within one year after receiving notice of 
 28.29  noncompliance.  
 28.30     (b) The ordinance or rules for the municipality must be 
 28.31  adopted as provided in this paragraph.  The commissioner board 
 28.32  must hold at least one public hearing on the proposed ordinance 
 28.33  or rules in the manner provided in section 462.357, after giving 
 28.34  notice under section 462.357.  The ordinance or rules are 
 28.35  effective for the municipality on the date and in accordance 
 28.36  with rules prescribed by the commissioner board relating to 
 29.1   compliance. 
 29.2      (c) The ordinance must be enforced as provided in section 
 29.3   462.362.  The penalties in section 462.362 apply to violations 
 29.4   of the ordinances or rules adopted for the municipality by the 
 29.5   commissioner board.  
 29.6      Sec. 42.  Minnesota Statutes 1998, section 103F.325, 
 29.7   subdivision 4, is amended to read: 
 29.8      Subd. 4.  [DESIGNATION OF RIVER AS PART OF SYSTEM.] Within 
 29.9   60 days after receipt of the administrative law judge's report, 
 29.10  the commissioner board of natural resources shall decide whether 
 29.11  to designate by order the river or a segment of the river as a 
 29.12  wild, scenic, or recreational river and, if so designated, shall 
 29.13  adopt a management plan to govern the area.  The commissioner 
 29.14  board shall notify and inform public agencies and private 
 29.15  landowners of the plan and its purposes to encourage their 
 29.16  cooperation in the management and use of their land in a manner 
 29.17  consistent with the plan and its purposes.  
 29.18     Sec. 43.  Minnesota Statutes 1998, section 103F.335, 
 29.19  subdivision 1, is amended to read: 
 29.20     Subdivision 1.  [COMPLIANCE OF ORDINANCES WITH SYSTEM.] (a) 
 29.21  Within six months after establishment of a wild, scenic, or 
 29.22  recreational river system, each local governmental unit with 
 29.23  jurisdiction over a portion of the system shall adopt or amend 
 29.24  its ordinances and land use district maps to the extent 
 29.25  necessary to comply with the standards and criteria of the 
 29.26  commissioner board of natural resources and the management plan. 
 29.27     (b) If a local government fails to adopt adequate 
 29.28  ordinances, maps, or amendments within six months, the 
 29.29  commissioner board shall adopt the ordinances, maps, or 
 29.30  amendments in the manner and with the effect specified in 
 29.31  section 103F.215.  
 29.32     (c) The commissioner shall assist local governments in the 
 29.33  preparation, implementation, and enforcement of the ordinances.  
 29.34     Sec. 44.  Minnesota Statutes 1998, section 103F.335, 
 29.35  subdivision 2, is amended to read: 
 29.36     Subd. 2.  [LOCAL GOVERNMENTAL UNITS MUST IMPLEMENT SYSTEM.] 
 30.1   All state, local and special governmental units, councils, 
 30.2   commissions, boards, districts, agencies, departments, and other 
 30.3   authorities shall exercise their powers to implement the 
 30.4   purposes of sections 103F.301 to 103F.345 and management plans 
 30.5   adopted by the commissioner board of natural resources.  
 30.6      Sec. 45.  Minnesota Statutes 1998, section 103F.601, 
 30.7   subdivision 1, is amended to read: 
 30.8      Subdivision 1.  [ESTABLISHMENT.] (a) The commissioner board 
 30.9   of natural resources shall establish a water bank program of 
 30.10  acquiring interests in land to preserve wetlands, whether or not 
 30.11  the wetlands are included in the definition contained in section 
 30.12  103G.005, subdivision 15a. 
 30.13     (b) The commissioner may: 
 30.14     (1) acquire title to wetlands under section 97A.145; or 
 30.15     (2) enter into easement agreements with property owners to 
 30.16  preserve wetlands and other waters.  
 30.17     Sec. 46.  Minnesota Statutes 1998, section 103G.121, 
 30.18  subdivision 2, is amended to read: 
 30.19     Subd. 2.  [ACQUISITION OF PROPERTY INCLUDING BY EMINENT 
 30.20  DOMAIN.] The commissioner board of natural resources may acquire 
 30.21  title to private property for an authorized purpose by purchase 
 30.22  or by eminent domain.  The use of property for projects to 
 30.23  implement this chapter is a public purpose.  On request by 
 30.24  the commissioner board, the attorney general shall acquire title 
 30.25  to private property for projects under this chapter as provided 
 30.26  in chapter 117.  
 30.27     Sec. 47.  Minnesota Statutes 1998, section 103G.315, 
 30.28  subdivision 3, is amended to read: 
 30.29     Subd. 3.  [ISSUANCE OF PERMIT.] If the commissioner board 
 30.30  of natural resources concludes that the plans of the applicant 
 30.31  are reasonable, practical, and will adequately protect public 
 30.32  safety and promote the public welfare, the commissioner shall 
 30.33  grant the permit.  
 30.34     Sec. 48.  Minnesota Statutes 1998, section 103G.315, 
 30.35  subdivision 5, is amended to read: 
 30.36     Subd. 5.  [DENIAL; MODIFICATIONS.] Otherwise the 
 31.1   commissioner shall reject the application or may require 
 31.2   modification of the plan as the commissioner board of natural 
 31.3   resources finds proper to protect the public interest.