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; allowing expenditure of 1.3 appropriated money for certain seminars and 1.4 conferences; clarifying certain prohibitions related 1.5 to the operation of snowmobiles, all-terrain vehicles, 1.6 and motorboats; modifying composition of the outdoor 1.7 recreation system; modifying disposition of certain 1.8 receipts; designating a migratory waterfowl refuge; 1.9 modifying certain rulemaking authority; eliminating 1.10 trawling fees; providing for acquisition of critical 1.11 aquatic habitat; modifying commissioner's authority to 1.12 remove rough fish; modifying minnow retailer and 1.13 turtle license provisions; clarifying forfeiture 1.14 procedure; modifying mineral land provisions; 1.15 increasing project amount for security in place of 1.16 bonds; granting legislative approval for certain water 1.17 usage; amending Minnesota Statutes 1998, sections 1.18 9.071; 86A.04; 86B.331, subdivision 1; 93.05; 93.055; 1.19 93.14; 93.15; 93.16; 93.17; 93.193, subdivision 1; 1.20 93.21; 93.22; 93.25, subdivisions 1 and 2; 93.26; 1.21 93.27; 93.28; 93.285, subdivisions 2 and 3; 93.335, 1.22 subdivision 1; 93.43; 97A.095, by adding a 1.23 subdivision; 97A.405, subdivision 3; 97A.475, 1.24 subdivision 30; 97C.041; 97C.501, subdivisions 1 and 1.25 2; and 97C.605, subdivisions 1 and 2; Minnesota 1.26 Statutes 1999 Supplement, sections 84.91, subdivision 1.27 1; 97A.065, subdivision 2; 169.1217, subdivision 7a; 1.28 290.431; 290.432; and 574.264, subdivision 1; 1.29 proposing coding for new law in Minnesota Statutes, 1.30 chapters 84; 93; and 97C; repealing Minnesota Statutes 1.31 1998, sections 93.07; 93.08; 93.09; 93.10; 93.11; 1.32 93.12; 93.13; 93.18; 93.19; 93.191; 93.192; 93.202; 1.33 93.23; 93.24; 93.283; 93.285, subdivisions 4 and 5; 1.34 93.30; 93.31; 93.32; 93.335, subdivisions 4 and 5; 1.35 93.34, subdivisions 1 and 3; 93.351; 93.352; 93.353; 1.36 93.354; 93.355; 93.356; 93.357; 93.37; 93.38; 93.39; 1.37 93.42; and 97B.312. 1.38 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.39 Section 1. Minnesota Statutes 1998, section 9.071, is 1.40 amended to read: 1.41 9.071 [SETTLEMENT OF CLAIMS; OTHER SPECIFIED POWERS.] 2.1 The council has the powers with respect tothe: 2.2 (1) timberlands provided in sections 90.031, 90.041, and 2.3 90.151; 2.4 (2) lands acquired from the United States provided in 2.5 section 94.50; 2.6 (3) lands subject to delinquent drainage assessments 2.7 provided in section 84A.20; 2.8 (4) transfer of lands between departments of state 2.9 government provided in section 15.16; 2.10 (5) sale or exchange of lands within national forests 2.11 provided in sections 92.30 and 92.31; 2.12 (6) approval of acquisition of land for camping or parking 2.13 area provided in sections 97A.135 and 97A.141; 2.14 (7)modification of iron leases provided in section 93.191;2.15(8)awardingpermitsleases to prospect for iron ore 2.16 provided in section 93.17; 2.17(9)(8) approval of rules for issuance ofpermitsleases to 2.18 prospect for minerals under state lands provided in 2.19 section93.0893.25; and 2.20(10)(9) construction of dams provided in section 103G.545. 2.21 Sec. 2. [84.0846] [NATURAL RESOURCE SEMINARS AND 2.22 CONFERENCES.] 2.23 The commissioner of natural resources may advance funds 2.24 appropriated for natural resource programs to government 2.25 agencies, the National Fish and Wildlife Foundation, federally 2.26 recognized Indian tribes and bands, colleges and universities, 2.27 and nonprofit organizations deemed by the commissioner to be 2.28 dedicated to the goals and objectives of the department for the 2.29 purpose of sponsoring or cosponsoring conferences and seminars 2.30 related to natural resources issues and management. The 2.31 commissioner shall execute grants or contracts with the 2.32 responsible parties under section 16C.05 prior to advancing any 2.33 state funds and the agreements must provide for a full 2.34 accounting of how the state's funds will be spent. 2.35 Sec. 3. Minnesota Statutes 1999 Supplement, section 84.91, 2.36 subdivision 1, is amended to read: 3.1 Subdivision 1. [ACTS PROHIBITED.] (a) No owner or other 3.2 person having charge or control of any snowmobile or all-terrain 3.3 vehicle shall authorize or permit any individual the person 3.4 knows or has reason to believe is under the influence of alcohol 3.5 or a controlled substance or other substance to operate the 3.6 snowmobile or all-terrain vehicle anywhere in this state or on 3.7 the ice of any boundary water of this state. 3.8 (b) No owner or other person having charge or control of 3.9 any snowmobile or all-terrain vehicle shall knowingly authorize 3.10 or permit any person, who by reason of any physical or mental 3.11 disability is incapable of operating the vehicle, to operate the 3.12 snowmobile or all-terrain vehicle anywhere in this state or on 3.13 the ice of any boundary water of this state. 3.14 (c) A person who operates or is in physical control of a 3.15 snowmobile or all-terrain vehicle anywhere in this state or on 3.16 the ice of any boundary water of this state is subject to 3.17 sections 169.121 to 169.1218 and 169.123 to 169.129. In 3.18 addition to the applicable sanctions under chapter 169, a person 3.19 who is convicted of violating section 169.121 or an ordinance in 3.20 conformity with it while operating a snowmobile or all-terrain 3.21 vehicle, or who refuses to comply with a lawful request to 3.22 submit to testing under section 169.123 or an ordinance in 3.23 conformity with it, shall be prohibited from operating the 3.24 snowmobile or all-terrain vehicle for a period of one year. The 3.25 commissioner shall notify theconvictedperson of the time 3.26 period during which the person is prohibited from operating a 3.27 snowmobile or all-terrain vehicle. 3.28 (d) Administrative and judicial review of the operating 3.29 privileges prohibition is governed by section 97B.066, 3.30 subdivisions 7 to 9, if the person does not have a prior 3.31 impaired driving conviction or prior license revocation, as 3.32 defined in section 169.121, subdivision 3. Otherwise, 3.33 administrative and judicial review of the prohibition is 3.34 governed by section 169.123. 3.35 (e) The court shall promptly forward to the commissioner 3.36 and the department of public safety copies of all convictions 4.1 and criminal and civil sanctions imposed under this section and 4.2 chapter 169 relating to snowmobiles and all-terrain vehicles. 4.3 (f) A person who violates paragraph (a) or (b), or an 4.4 ordinance in conformity with either of them, is guilty of a 4.5 misdemeanor. A person who operates a snowmobile or all-terrain 4.6 vehicle during the time period the person is prohibited from 4.7 operating a vehicle under paragraph (c) is guilty of a 4.8 misdemeanor. 4.9 Sec. 4. Minnesota Statutes 1998, section 86A.04, is 4.10 amended to read: 4.11 86A.04 [COMPOSITION OF SYSTEM.] 4.12 The outdoor recreation system shall consist of all state 4.13 parks; state recreation areas; state trails established pursuant 4.14 to sections 84.029, subdivision 2, and 85.015; state scientific 4.15 and natural areas; state wilderness areas; state forests; state 4.16 wildlife management areas; state water access sites, which 4.17 include all lands and facilities established by the commissioner 4.18 of natural resources or the commissioner of transportation to 4.19 provide public access to water; state wild, scenic, and 4.20 recreational rivers; state historic sites;andstate rest areas, 4.21 which include all facilities established by the commissioner of 4.22 transportation for the safety, rest, comfort and use of the 4.23 highway traveler, and shall include all existing facilities 4.24 designated as rest areas and waysides by the commissioner of 4.25 transportation; and any other units not listed in this section 4.26 that are classified under section 86A.05. Each individual state 4.27 park, state recreation area, and so forth is called a "unit." 4.28 Sec. 5. Minnesota Statutes 1998, section 86B.331, 4.29 subdivision 1, is amended to read: 4.30 Subdivision 1. [ACTS PROHIBITED.] (a) An owner or other 4.31 person having charge or control of a motorboat may not authorize 4.32 or allow an individual the person knows or has reason to believe 4.33 is under the influence of alcohol or a controlled or other 4.34 substance to operate the motorboat in operation on the waters of 4.35 this state. 4.36 (b) An owner or other person having charge or control of a 5.1 motorboat may not knowingly authorize or allow a person, who by 5.2 reason of a physical or mental disability is incapable of 5.3 operating the motorboat, to operate the motorboat in operation 5.4 on the waters of this state. 5.5 (c) A person who operates or is in physical control of a 5.6 motorboat on the waters of this state is subject to sections 5.7 169.121 to 169.1218 and 169.123 to 169.129. In addition to the 5.8 applicable sanctions under chapter 169, a person who is 5.9 convicted of violating section 169.121 or an ordinance in 5.10 conformity with it while operating a motorboat, shall be 5.11 prohibited from operating the motorboat on the waters of this 5.12 state for a period of 90 days between May 1 and October 31, 5.13 extending over two consecutive years if necessary. If the 5.14 person operating the motorboat refuses to comply with a lawful 5.15 demand to submit to testing under section 169.123 or an 5.16 ordinance in conformity with it, the person shall be prohibited 5.17 from operating the motorboat for a period of one year. The 5.18 commissioner shall notify theconvictedperson of the period 5.19 during which the person is prohibited from operating a motorboat. 5.20 (d) Administrative and judicial review of the operating 5.21 privileges prohibition is governed by section 97B.066, 5.22 subdivision 7 to 9, if the person does not have a prior impaired 5.23 driving conviction or prior license revocation, as defined in 5.24 section 169.121, subdivision 3. Otherwise, administrative and 5.25 judicial review of the prohibition is governed by section 5.26 169.123. 5.27 (e) The court shall promptly forward to the commissioner 5.28 and the department of public safety copies of all convictions 5.29 and criminal and civil sanctions imposed under this section and 5.30 chapter 169 relating to motorboats. 5.31 (f) A person who violates paragraph (a) or (b), or an 5.32 ordinance in conformity with either of them, is guilty of a 5.33 misdemeanor. 5.34 (g) For purposes of this subdivision, a motorboat "in 5.35 operation" does not include a motorboat that is anchored, 5.36 beached, or securely fastened to a dock or other permanent 6.1 mooring, or a motorboat that is being rowed or propelled by 6.2 other than mechanical means. 6.3 Sec. 6. Minnesota Statutes 1998, section 93.05, is amended 6.4 to read: 6.5 93.05 [HOLDER OFPERMIT ORLEASE.] 6.6 Subdivision 1. [RIGHT OF ENTRY.] In all cases where state 6.7 lands have been heretofore or may hereafter be sold pursuant to 6.8 the provisions of law upon which minerals have been reserved, 6.9 the holder of any mineralpermit orlease subsequently issued 6.10 thereon may nevertheless enter upon thesamelands and prospect 6.11thereon thereunderon the lands under the lease. 6.12 Subd. 2. [SECURITY FOR DAMAGES; CONDEMNATION.] Before 6.13 entering uponthe samelands described in subdivision 1, the 6.14permit orlease holder shall pay or secure to the owner of the 6.15 lands all damages which may arise therefrom and the same may be 6.16 determined either by mutual agreement or, if the interested 6.17 parties cannot agree, then the holder of the mineralpermit or6.18 lease may, in the name of the state of Minnesota, institute 6.19 proceedings to condemn the samein accordance with the general6.20provisions ofaccording to chapter 117; provided, that the state 6.21 shall bear no part of the cost of these proceedings, nor pay any 6.22 part of the damages awardedthereinin the proceedings. 6.23 Subd. 3. [ATTORNEY GENERAL TO INSTITUTE CONDEMNATION.] (a) 6.24 Upon written request of the holder of any mineralprospecting6.25permit or minerallease from the state, not in default, with the 6.26 approval of the commissioner of natural resources, the attorney 6.27 general shall institute, in the name of the state, proceedings 6.28 to acquire by condemnation any lands, rights-of-way, drainage or 6.29 flowage rights, easements or other interests necessary in 6.30 connection with prospecting for or mining the ore covered by 6.31such permit orthe lease. All costs and expenses ofsuchthe 6.32 proceedings and all damages awarded therein shall be paid by the 6.33 holder of thepermit orlease. 6.34 (b) In any eminent domain proceedingshereunderunder this 6.35 section, any value which the land taken may have by reason of 6.36 its location or availability for the depositing of stripping, 7.1 tailings or other wastes from general mining operations in its 7.2 vicinity, or for the erection of buildings or structures thereon 7.3 in connection with such operations, shall be considered in 7.4 determining the damages to be awarded the ownerthereofof the 7.5 land. 7.6 Sec. 7. Minnesota Statutes 1998, section 93.055, is 7.7 amended to read: 7.8 93.055 [ACTION TO QUIET TITLE TO LANDS COVERED BY MINERAL 7.9PERMIT ORLEASE.] 7.10 Upon written request of the holder of any mineral 7.11prospecting permit or minerallease from the state, not in 7.12 default, with the approval of the commissioner of natural 7.13 resources, the attorney general may institute proceedings to 7.14 quiet the title and determine adverse claims or to register the 7.15 title of the state to the lands or interests covered by the 7.16permit orlease. All costs and expenses ofsuchthe proceedings 7.17 including compensation of attorneys for the state shall be paid 7.18 by the holder of thepermit orlease.Upon receipt of such7.19request from the holder of a prospecting permit, if approved by7.20the commissioner of natural resources, and if such action is7.21authorized by the attorney general, the running of the time7.22within which the permit holder must begin prospecting thereunder7.23and the time within which the permit holder must apply for a7.24lease or do any other act required by the permit shall be7.25suspended until the entry of final judgment in the action, and7.26the term of the permit and the time required for any action by7.27the holder thereunder shall be extended by a period equivalent7.28to the time from the receipt of the request to the entry of the7.29judgment.7.30 Sec. 8. Minnesota Statutes 1998, section 93.14, is amended 7.31 to read: 7.32 93.14 [ISSUANCE OFPERMITSLEASES TO PROSPECT FOR ORES;7.33LEASES.] 7.34 The commissioner may executepermitsleases to prospect for 7.35 iron ore and other ores upon lands belonging to the state or in 7.36 which the state has an interest andleasesfor the mining of 8.1suchthe ores, subject to the conditions provided in sections 8.2 93.15 to 93.28. 8.3 Sec. 9. Minnesota Statutes 1998, section 93.15, is amended 8.4 to read: 8.5 93.15 [MINING UNITS; DESIGNATION; AREA.] 8.6 Subdivision 1. [DESIGNATION OF MINING UNITS.] (a) The 8.7 commissioner of natural resources may designate any lands 8.8 belonging to the state and the beds of any waters belonging to 8.9 the state or any lands in which the state has an interest as 8.10 mining units and may rearrange or modifysuchthe mining units 8.11 from time to time, subject to the limitationsherein prescribed8.12 of this section. 8.13 (b) No mining unit shall contain lands belonging to more 8.14 than one permanent trust fund, except mining units leased under 8.15 section 93.25. 8.16 (c) Lands which have been sold by the state and are in use 8.17 as part of the site of a plant for the production of taconite 8.18 concentrates shall not be designated as mining units.Each8.19mining unit shall consist of a contiguous tract not exceeding 808.20acres in area except as follows:8.21(1) An area not exceeding 90 acres consisting of or8.22including one or more government lots or fractional or oversized8.23subdivisions according to the government survey may be included8.24in one mining unit.8.25(2) An area of any size which has been covered by a state8.26mining lease or contract heretofore issued and heretofore or8.27hereafter terminated may be included in one mining unit.8.28(3) An area of any size within the bed of any public waters8.29belonging to the state may be included in one mining unit.8.30 Subd. 2. [LIST OF MINING UNITS.] The commissioner shall 8.31 prepare and keep on file in the office of the division of lands 8.32 and minerals of the department of natural resources and at such 8.33 other places as the commissioner may direct a list of the mining 8.34 units designatedhereunderunder this section, giving the 8.35 descriptionsthereofof the mining units and such other 8.36 information as the commissioner deems necessary. In case the 9.1 commissioner shall prescribe special conditions to be included 9.2 in aprospecting permit orlease for any mining unit as 9.3 authorized by law, a statement ofsuchthe conditions shall be 9.4 included with the designation ofsuchthe unit in the list. 9.5 Subd. 3. [ONE MINING UNIT PER LEASE.] Except as otherwise 9.6 expressly provided by law, eachprospecting permit ormining 9.7 lease shall cover only one entire mining unit designatedas9.8herein provided, and the designation of a mining unit in force9.9at the time an application for a prospecting permit therefor is9.10received by the commissioner according to law shall govern and9.11shall remain unchanged for the purposes of such permit or any9.12lease issued pursuant theretounder this section. 9.13 Sec. 10. Minnesota Statutes 1998, section 93.16, is 9.14 amended to read: 9.15 93.16 [PERMITSLEASES; SALE, NOTICE.] 9.16 (a) Except as otherwise expressly provided by law, 9.17prospecting permitsleases for iron ore or other minerals 9.18 belonging to the state shall be issued only upon public sale as 9.19hereinprovided under this section. 9.20 (b) The sale ofpermits mayleases shall be held at such 9.21 times and places as designated by the commissioner. 9.22 (c) The commissioner shall give public notice of intent to 9.23 hold a public sale by publication in the State Register, the EQB 9.24 Monitor, and such other publications as the commissioner may 9.25 direct at least 90 days prior to the proposed date of sale. 9.26 (d) The commissioner shall give public notice of each sale 9.27 by publication for three successive weeks in adaily9.28 newspaper that has its known office of issue in the county seat 9.29 of the county in which the mining units to be leased are located 9.30 and in a daily newspaper printed and published ineach of the9.31cities of St. Paul, Minneapolis, Duluth,Hibbing,and Virginia. 9.32 If no newspaper has its known office of issue in the county seat 9.33 of a particular county, the commissioner shall publish notice in 9.34 the newspaper designated as the publisher of the official 9.35 proceedings of the county board of that county. Thelastfirst 9.36 publication shall benot less than seven days nor more thanat 10.1 least 30 days before the date of sale.Like noticeThe public 10.2 notice of sale shall also be published in the State Register and 10.3 the EQB Monitor at least 30 days before the date of sale and may 10.4 be published innot to exceed twoadditional newspapers andtwo10.5 trade magazines, as the commissioner may direct. 10.6 (e) Each notice shall contain the following information: 10.7 (1) time and place of holding the sale; 10.8 (2)The general requirements of law affecting bidders and10.9purchasers of permits;10.10(3)the place or places where the list of mining units,to 10.11 be offered for sale will be available for inspection and where 10.12 forms for bids and applications forprospecting permitsleases 10.13 may be obtained; and 10.14(4)(3) such other information as the commissioner may 10.15 direct. 10.16 Sec. 11. Minnesota Statutes 1998, section 93.17, is 10.17 amended to read: 10.18 93.17 [APPLICATION FORPERMITSLEASES; BIDS; AWARDS.] 10.19 Subdivision 1. [LEASE APPLICATION.] (a) Applications for 10.20permitsleases to prospect for iron ore shall be presented to 10.21 the commissioner in writing in such form as the commissioner may 10.22 prescribe at any time before 4:30 p.m., St. Paul, Minnesota 10.23 time, on the last business day before the day specified for the 10.24 opening of bids, and no bids submitted after that time shall be 10.25 considered. The application shall be accompanied by a certified 10.26 check, cashier's check, or bank money order payable to thestate10.27treasurerdepartment of natural resources in the sum of$50$100 10.28 for each mining unitas set out above. 10.29 (b) Each application shall be accompaniedalsoby a sealed 10.30 bid setting forth the amount of royalty per gross ton of crude 10.31 ore based upon the iron content of the ore when dried at 212 10.32 degrees Fahrenheit, in its natural condition or when 10.33 concentrated, as set out indetail hereaftersection 93.20, 10.34 subdivisions 12 to 18, that the applicant proposes to pay to the 10.35 state of Minnesota in case thepermitlease shall be awarded. 10.36 Subd. 2. [BID REQUIREMENTS.] (a) Whenever a bid on any 11.1 mining unit exceeds the minimums prescribed in section 93.20, 11.2 the bidder shall offer a uniform amount above the minimums on 11.3 all schedules unless the mining unit is expressly excepted from 11.4 this requirement by the commissioner of natural resources by so 11.5 specifying in the list of lands and mining units. 11.6A separate sealed bid shall be required for each mining11.7unit as established by the commissioner covered by the11.8application, and shall be accompanied by a certified check made11.9payable to the state treasurer in the sum of $200 as a guarantee11.10that the applicant will carry out and perform in good faith all11.11the covenants set out in the permit.11.12 (b) The envelope containing each bid shall be plainly 11.13 marked on the outside showing the date of application, date 11.14 received by the commissioner, and the name of the applicant. 11.15 The commissioner shall endorse upon each application and sealed 11.16 bid the exact time of presentation and preserve the same 11.17 unopened in the commissioner's office. 11.18 Subd. 3. [BID ACCEPTANCE.] (a) At the time and place fixed 11.19 for the sale, the commissioner shall publicly announce the 11.20 number of applications and bids received. The commissioner,11.21together with at least one member of the executive council as11.22designated by the council,shall then publicly open the bids and 11.23 announce the amount of each bid separately. Thereafter, the 11.24 commissioner, together with the executive council, shall award 11.25 thepermitsleases to the highest bidders for the respective 11.26 mining units, but no bids shall be accepted thatshalldo not 11.27 equal or exceed the minimum amounts provided for in section 11.28 93.20, nor shall any bid be accepted thatshalldoes not comply 11.29 with the lawand be accompanied by a certified check for the11.30faithful performance of the terms of each permit as hereinbefore11.31set out. The right is reserved to the state to reject any and 11.32 all bids. 11.33 (b) All applications forpermitsleases and bids not 11.34 accepted atsuchthe sale shall become void at the close of the 11.35 sale and thecheckspayment accompanying the applications and 11.36 bids shall be returned to the applicants entitled to them. 12.1 (c) Upon the award of apermitlease, thecertified check12.2 payment submitted with the application as provided by 12.3 subdivision 1, shall be deposited with the state treasurer as a 12.4 fee for thepermit, to be credited to the same fund as the12.5rental or royalty from the mining unit affected, and the12.6certified check submitted with the bid as provided by12.7subdivision 2, shall be deposited with the state treasurer and12.8held for further disposition as provided by lawlease. 12.9 Sec. 12. [93.1925] [NEGOTIATED LEASES.] 12.10 Subdivision 1. [CONDITIONS REQUIRED.] When the 12.11 commissioner finds that the best interests of the state will be 12.12 served and the circumstances in clause (1), (2), or (3) exist, 12.13 the commissioner, with the approval of the executive council, 12.14 may issue an iron ore or taconite iron ore mining lease through 12.15 negotiations to an applicant. A lease may be issued through 12.16 negotiations under any of the following circumstances: 12.17 (1) the state taconite iron ore is adjacent to taconite 12.18 iron ore owned or leased for mining purposes by the applicant 12.19 and the commissioner finds that it is impracticable to mine the 12.20 state taconite iron ore except in conjunction with the mining of 12.21 the adjacent ore; 12.22 (2) the lands to be leased are primarily valuable for their 12.23 natural iron ore content; or 12.24 (3) the state's mineral ownership interest in the lands to 12.25 be leased is an undivided fractional interest and the applicant 12.26 holds under control a majority of the remaining undivided 12.27 fractional mineral interests in the lands to be leased. 12.28 Subd. 2. [APPLICATION.] (a) An application for a 12.29 negotiated lease shall be submitted to the commissioner of 12.30 natural resources. The commissioner shall prescribe the 12.31 information to be included in the application. The applicant 12.32 shall submit with the application a certified check, cashier's 12.33 check, or bank money order, payable to the department of natural 12.34 resources in the sum of $100, as a fee for filing the 12.35 application. The application fee shall not be refunded under 12.36 any circumstances. 13.1 (b) The right is reserved to the state to reject any or all 13.2 applications for a negotiated lease. 13.3 Subd. 3. [TERMS.] A lease issued under this section shall 13.4 be in the form set forth in section 93.20, with such additional 13.5 terms and conditions consistent with the lease as may be agreed 13.6 upon. The rental and royalty rates agreed upon shall be not 13.7 less than those prescribed in section 93.20. 13.8 Sec. 13. Minnesota Statutes 1998, section 93.193, 13.9 subdivision 1, is amended to read: 13.10 Subdivision 1. [APPLICATION FOR EXTENSION.] Upon written 13.11 application by the holder of any mining lease heretofore issued, 13.12 or hereafter issued upon a prospecting permit heretofore issued, 13.13 which has beenor may bedesignated as a taconite iron ore 13.14 mining lease pursuant to Minnesota Statutes 1998, section 93.19 13.15 or 93.191, the commissioner of natural resources, with the 13.16 approval of the executive council, may extend the termthereof13.17 of the lease for an additional period of 25 years beyond the 13.18 term specifiedthereinin the lease, upon the terms and 13.19 conditionshereinafterprescribed under this section. The 13.20 additional period of 25 years for whichsuch athe lease is 13.21 extended,shall be the extended period assuchthe term is used 13.22hereinin this section. 13.23 Sec. 14. Minnesota Statutes 1998, section 93.21, is 13.24 amended to read: 13.25 93.21 [EXECUTION OF LEASE.] 13.26 The lease provided for in section 93.20 shall be signed by 13.27 the commissioner for and in behalf of the state, with the13.28official seal of the commissioner attached,and shall be signed 13.29 by the party of the second part in the presence of two 13.30 witnesses, andsuchthe signatures and execution of the same by 13.31 the party of the second part shall be duly acknowledged. 13.32 Sec. 15. Minnesota Statutes 1998, section 93.22, is 13.33 amended to read: 13.34 93.22 [DISPOSAL OF MONEYS RECEIVEDDISPOSITION OF 13.35 PAYMENTS.] 13.36 (a) All payments under sections 93.14 to93.2893.285 shall 14.1 be made to thestate treasurer on the order of the commissioner14.2of finance, or the commissioner, as the case may be,department 14.3 of natural resources and shall be creditedto the permanent fund14.4of the class of land to which the demised premises belong and in14.5case the land shall not belong to any class of land having a14.6permanent fund then all payments shall be credited to such fund14.7as the legislature shall by law direct.as follows: 14.8 (1) if the lands or minerals and mineral rights covered by 14.9 a lease are held by the state by virtue of an act of Congress, 14.10 payments made under the lease shall be credited to the permanent 14.11 fund of the class of land to which the leased premises belong; 14.12 (2) if a lease covers the bed of navigable waters, payments 14.13 made under the lease shall be credited to the permanent school 14.14 fund of the state; and 14.15 (3) if the lands or minerals and mineral rights covered by 14.16 a lease are held by the state in trust for the taxing districts, 14.17 payments made under the lease shall be distributed annually on 14.18 the first day of September as follows: 14.19 (i) 20 percent to the general fund; and 14.20 (ii) 80 percent to the respective counties in which the 14.21 lands lie, to be apportioned among the taxing districts 14.22 interested therein as follows: county, three-ninths; town or 14.23 city, two-ninths; and school district, four-ninths. 14.24 (b) Except as provided under paragraph (a) and except where 14.25 the disposition of payments may be otherwise directed by law, 14.26 all payments shall be paid into the general fund of the state. 14.27 Sec. 16. [93.245] [MINING OF MINERALS OTHER THAN IRON 14.28 ORE.] 14.29 (a) If a mineral other than iron ore or taconite ore is 14.30 found on or in a mining unit covered by a state iron ore or 14.31 taconite iron ore mining lease, the state lessee may apply to 14.32 the commissioner of natural resources for a negotiated lease to 14.33 explore for, mine, and remove the mineral. The terms and 14.34 conditions under which the mineral may be mined or products 14.35 recovered shall be as agreed upon by the commissioner and the 14.36 state lessee. A mineral lease for ores other than iron ore or 15.1 taconite iron ore must comply with section 93.25 and rules 15.2 adopted thereunder. 15.3 (b) The right is reserved to the state to reject any or all 15.4 applications for a negotiated lease under paragraph (a). The 15.5 state may lease, under section 93.25 and rules adopted 15.6 thereunder, any minerals other than iron ore or taconite iron 15.7 ore on or in a mining unit covered by a state iron ore or 15.8 taconite iron ore mining lease. 15.9 Sec. 17. Minnesota Statutes 1998, section 93.25, 15.10 subdivision 1, is amended to read: 15.11 Subdivision 1. [LEASES.] The commissioner may issue leases 15.12 to prospect for, mine, and remove minerals other than iron ore 15.13 upon any lands owned by the state, including trust fund lands, 15.14 lands forfeited for nonpayment of taxes whether held in trust or 15.15 otherwise, and lands otherwise acquired, and the beds of any 15.16 waters belonging to the state. For purposes of this section, 15.17 iron ore means iron-bearing material where the primary product 15.18 is iron metal. 15.19 Sec. 18. Minnesota Statutes 1998, section 93.25, 15.20 subdivision 2, is amended to read: 15.21 Subd. 2. [LEASE REQUIREMENTS.] All leases for nonferrous 15.22 metallic minerals or petroleum must be approved by the executive 15.23 council, and any other mineral lease issued pursuant to this 15.24 section that covers 160 or more acres must be approved by the 15.25 executive council. The rents, royalties, terms, conditions, and 15.26 covenants of all such leases shall be fixed by the commissioner 15.27pursuant to suchaccording to rulesas may be prescribedadopted 15.28 by the commissioner, but no lease shall be for a longer term 15.29 than 50 years, and allsuchrents, royalties, terms, conditions, 15.30 and covenants shall be fully set forth in each leasethusissued 15.31and. The rents and royaltiestherein provided forshall be 15.32 credited to the funds as provided in section 93.22or 93.335,15.33subdivision 4, as amended. 15.34 Sec. 19. Minnesota Statutes 1998, section 93.26, is 15.35 amended to read: 15.36 93.26 [PERMITS ANDLEASES TO BERECORDEDFILED.] 16.1 Allpermits andleases, with the names and post office 16.2 addresses of all parties in interest, issued by the commissioner 16.3 under authority of sections 93.14 to93.2893.285, before 16.4 delivery shall be dulyrecorded at length in the record books to16.5be provided and keptfiled for record in the commissioner's 16.6 officefor that purpose and. A certificate ofsuch record16.7 filing showing the date ofrecord, the book and page16.8thereof,filing shall be endorsed on eachsuch permit orlease. 16.9 Sec. 20. Minnesota Statutes 1998, section 93.27, is 16.10 amended to read: 16.11 93.27 [ASSIGNMENTS, AGREEMENTS, OR CONTRACTS AFFECTING 16.12PERMITS ORLEASES;RECORDSFILING.] 16.13 All assignments, agreements, or contracts, underlying, 16.14 overriding, or operating agreements affectingany such permit or16.15 a lease shall be made in writing and signed by both parties 16.16 thereto, witnessed by two witnesses, and properly acknowledged 16.17 and contain the post office addresses of all parties having an 16.18 interest; and when so executed presented in triplicate to the 16.19 commissioner for filing of record.The commissioner shall then16.20record such assignments, agreements, or contracts, underlying,16.21overriding, or operating agreements at length in record books16.22kept and provided for that purpose in the commissioner's office16.23andA certificate ofsuch recordfiling showing the datethereof16.24and the book and pageof filing shall be endorsed on the the 16.25 assignments, agreements, contracts, underlying, overriding, or 16.26 operating agreements, a copy of which then shall be returned to 16.27 the party entitled thereto. 16.28 Sec. 21. Minnesota Statutes 1998, section 93.28, is 16.29 amended to read: 16.30 93.28 [APPROVAL OF INSTRUMENTS; FEES.] 16.31 All instruments by virtue of which the title toany permit16.32ora lease herein provided for is in any way affected shall 16.33 receive, as to form and execution,the approval of the 16.34 commissioner, which approval shall be endorsed thereon, and the 16.35 instrument when so approved shall be dulyrecordedfiled as 16.36 provided in section 93.27.For recording any assignment or17.1other instrument affecting the title to any permit or lease or17.2for furnishing certified copies of the records, the commissioner17.3may charge a fee of ten cents per folio. All such fees shall be17.4turned into the state treasury.17.5 Sec. 22. Minnesota Statutes 1998, section 93.285, 17.6 subdivision 2, is amended to read: 17.7 Subd. 2. [INCLUSION IN MINING UNIT.] In case any 17.8 stockpiled iron ore is situated on land designated or suitable 17.9 for designation as a mining unit under section 93.15,suchthe 17.10 stockpiled ore may, in the discretion of the commissioner of 17.11 natural resources, be included insuchthe unit by inserting a 17.12 description ofsuchthe ore in the designation of the unit. 17.13 Otherwisesuchthe ore shall not be considered as included 17.14 insuchthe unit. Upon the inclusion ofsuchthe ore insuch17.15 the unit, it shall be subject to all provisions of law relating 17.16 to the sale, issuance, terms, and conditions of aprospecting17.17permit andlease coveringsuchthe unit and other matters 17.18 pertaining thereto, so far as applicable, except as hereinafter17.19provided. 17.20 Sec. 23. Minnesota Statutes 1998, section 93.285, 17.21 subdivision 3, is amended to read: 17.22 Subd. 3. [STOCKPILE MINING UNIT.] (a) Any stockpiled iron 17.23 ore, wherever situated, may, in the discretion of the 17.24 commissioner of natural resources, be designated as a stockpile 17.25 mining unit for disposal separately from ore in the ground, such 17.26 designation to be madein accordance with the provisions of17.27 according to section 93.15, so far as applicable.Thereupon17.28such stockpile mining unit shall be subject to all provisions of17.29law relating to the sale, issuance, terms, and conditions of17.30prospecting permits and leases covering mining units designated17.31under such section 93.15 and other matters pertaining thereto,17.32except as hereinafter provided. Upon application of the holder17.33of a prospecting permit for such a stockpile mining unit, the17.34commissioner of natural resources may, for good cause shown,17.35extend the time for beginning the work of prospecting under the17.36permit to not exceeding six months from the date of the permit.18.1 (b) The commissioner may lease the mining unit at public or 18.2 private sale for an amount and under terms and conditions 18.3 prescribed by the commissioner. The lease term may not exceed 18.4 25 years. The amount payable for stockpiled iron ore material 18.5 shall be at least equivalent to the minimum royalty that would 18.6 be payable under section 93.20. 18.7 Sec. 24. Minnesota Statutes 1998, section 93.335, 18.8 subdivision 1, is amended to read: 18.9 Subdivision 1. [LAND GROUPED INTO MINING UNITS; LEASES18.10 LANDS HELD IN TRUST FOR TAXING DISTRICTS; LEASE TERMS AND 18.11 CONDITIONS.]Lands or minerals and mineral rights, including18.12fractional undivided interests therein, becoming the absolute18.13property of the state under the tax laws, may be grouped into18.14mining units, permits to prospect for iron ore thereon shall be18.15awarded, andMining leasesthereonissued as provided by 18.16 sections 93.14 to 93.33,and,except as otherwise specifically 18.17 providedhereinunder this section, shall be subject to all the 18.18 terms, conditions, and provisions ofsuchsectionsshall be18.19applicable thereto93.14 to 93.33, regardless of whether or 18.20 notsuchthe lands or minerals and mineral rights are held in 18.21 trust for taxing districts.Leases issued hereunder shall be in18.22the form provided by law, with only such changes as the18.23commissioner of natural resources shall find necessary to18.24indicate the specific interest covered by the lease and the18.25proportion of the stipulated royalty or rental payable under18.26subdivision 2 or otherwise to conform with the provisions18.27hereof. In case the state owns such a fractional undivided18.28interest and the remaining undivided interest in the property is18.29owned or held under lease for mining purposes by another, the18.30commissioner of natural resources, with the approval of the18.31executive council, upon application of such owner or lessee,18.32without public sale and without prior issuance of a prospecting18.33permit, may enter into a mining lease with such owner or lessee18.34covering the state's interest under the following terms and18.35conditions:18.36(1) The application shall be in such form and shall contain19.1such information as the commissioner shall prescribe;19.2(2) Where any of the ore to be mined under such lease lies19.3within the bed of a public lake or stream, the lessee shall19.4obtain an appropriate permit from the commissioner, pursuant to19.5applicable laws;19.6(3) The lease shall be in the form herein prescribed,19.7except that it may provide for the payment of rental and royalty19.8at such rates as may be agreed upon between the parties and may19.9contain such additional appropriate provisions, not inconsistent19.10with law, as may be agreed upon in furtherance of the mutual19.11interests of the parties; provided, that the rental and royalty19.12rates for iron ore shall not be less than the applicable minimum19.13rates prescribed in section 93.20.19.14 Sec. 25. Minnesota Statutes 1998, section 93.43, is 19.15 amended to read: 19.16 93.43 [PERMITS, LICENSES, ANDLEASES TOCOPPER,19.17COPPER-NICKEL OR NICKELNONFERROUS METALLIC MINERALS PRODUCERS.] 19.18 (a) The business of mining, producing, or beneficiating 19.19copper, copper-nickel or nickelnonferrous metallic minerals is 19.20 declared to be in the public interest and necessary to the 19.21 public welfare, and the use of property therefor is declared to 19.22 be a public use and purpose. 19.23 (b) The commissioner of natural resources is authorized to 19.24 grant permitsor, licenses, or leases on and across lands owned 19.25 by the state to any corporation or association engaged in the 19.26 business of or preparing to engage in the business of mining, 19.27 producing, or beneficiatingcopper, copper-nickel or19.28nickelnonferrous metallic minerals for pipe lines, pole lines, 19.29 conduits, sluiceways, roads, railroads, tramways, or flowage, 19.30 and to lease any lands owned by the state to any such 19.31 corporation or association for the depositing of stripping, lean 19.32 ores, tailings, or waste products of such business. 19.33 (c) The commissioner of natural resources is also 19.34 authorized to license the flooding of state lands in connection 19.35 with any permit or authorization for the use of public waters 19.36 issued by the legislature or by the commissioner pursuant to 20.1 law.SuchThe permits, licenses, and leases shall be uponsuch20.2 the conditionsand, forsuchthe consideration, and for 20.3suchthe period of time as the commissioner may determine. 20.4 (d) The county auditor, with the approval of the county 20.5 board, is authorized to grant permits, licenses, or leases for 20.6 all such purposes of or across tax-forfeited lands held by the 20.7 state in trust for any and all taxing districts, uponsuchthe 20.8 conditionsand, forsuchthe considerations, and forsuch20.9 the period of time as the county board may determine. Any 20.10 proceeds fromthegrantingof suchthe permits, licenses, or 20.11 leases by the county auditor shall be apportioned and 20.12 distributed as other proceeds from the sale or rental of tax- 20.13 forfeited lands. 20.14 Sec. 26. Minnesota Statutes 1999 Supplement, section 20.15 97A.065, subdivision 2, is amended to read: 20.16 Subd. 2. [FINES AND FORFEITED BAIL.] (a) Fines and 20.17 forfeited bail collected from prosecutions of violations of: 20.18 the game and fish laws; sections 84.091 to 84.15; sections 84.81 20.19 to 84.91; section 169.121, when the violation involved an 20.20 off-road recreational vehicle as defined in section 169.01, 20.21 subdivision 86; chapter 348; and any other law relating to wild 20.22 animals or aquatic vegetation, must be paid to the treasurer of 20.23 the county where the violation is prosecuted. The county 20.24 treasurer shall submit one-half of the receipts to the 20.25 commissioner and credit the balance to the county general 20.26 revenue fund except as provided in paragraphs (b), (c), and 20.27 (d). In a county in a judicial district under section 480.181, 20.28 subdivision 1, paragraph (b), as added in Laws 1999, chapter 20.29 216, article 7, section 26, the share that would otherwise go to 20.30 the county under this paragraph must be submitted to the state 20.31 treasurer for deposit in the state treasury and credited to the 20.32 general fund. 20.33 (b) The commissioner must reimburse a county, from the game 20.34 and fish fund, for the cost of keeping prisoners prosecuted for 20.35 violations under this section if the county board, by 20.36 resolution, directs: (1) the county treasurer to submit all 21.1 fines and forfeited bail to the commissioner; and (2) the county 21.2 auditor to certify and submit monthly itemized statements to the 21.3 commissioner. 21.4 (c) The county treasurer shall submit one-half of the 21.5 receipts collected under paragraph (a) from prosecutions of 21.6 violations of sections 84.81 to 84.91, and 169.121, except 21.7 receipts that are surcharges imposed under section 357.021, 21.8 subdivision 6, to thestate treasurercommissioner and credit 21.9 the balance to the county general fund. Thestate treasurer21.10 commissioner shall credit these receipts to the snowmobile 21.11 trails and enforcement account in the natural resources fund. 21.12 (d) The county treasurer shall indicate the amount of the 21.13 receipts that are surcharges imposed under section 357.021, 21.14 subdivision 6, and shall submit all of those receipts to the 21.15 state treasurer. 21.16 Sec. 27. Minnesota Statutes 1998, section 97A.095, is 21.17 amended by adding a subdivision to read: 21.18 Subd. 4. [SWAN LAKE MIGRATORY WATERFOWL REFUGE.] The land 21.19 described in Laws 1999, chapter 81, section 2, is designated 21.20 Swan Lake migratory waterfowl refuge under subdivision 1. 21.21 Sec. 28. Minnesota Statutes 1998, section 97A.405, 21.22 subdivision 3, is amended to read: 21.23 Subd. 3. [DUPLICATE LICENSES.] The commissioner shall 21.24 prescribe rules for issuing duplicate licenses to persons whose 21.25 licenses are lost or destroyed and for firearms deer hunters who 21.26 wish to change zone or season options prior to the start of the 21.27 regular firearms season. A duplicate license may not be issued 21.28 unless the applicant takes an oath covering the facts of loss or 21.29 destruction of the license or submits the original firearms deer 21.30 license that is being exchanged. 21.31 Sec. 29. Minnesota Statutes 1998, section 97A.475, 21.32 subdivision 30, is amended to read: 21.33 Subd. 30. [COMMERCIAL NETTING OF FISH.] The fees to take 21.34 commercial fish are: 21.35 (1) commercial license fees: 21.36 (i) for residents and nonresidents seining and netting in 22.1 inland waters, $90; 22.2 (ii) for residents netting in Lake Superior, $50; 22.3 (iii) for residents netting in Lake of the Woods, Rainy, 22.4 Namakan, and Sand Point lakes, $50; 22.5 (iv) for residents seining in the Mississippi River from St. 22.6 Anthony Falls to the St. Croix River junction, $50; 22.7 (v) for residents seining, netting, and set lining in 22.8 Wisconsin boundary waters from Lake St. Croix to the Iowa 22.9 border, $50; and 22.10 (vi) for a resident apprentice license, $25; and 22.11 (2) commercial gear fees: 22.12 (i) for each gill net in Lake Superior, Wisconsin boundary 22.13 waters, and Namakan Lake, $3.50 per 100 feet of net; 22.14 (ii) for each seine in inland waters, on the Mississippi 22.15 River as described in section 97C.801, subdivision 2, and in 22.16 Wisconsin boundary waters, $7 per 100 feet; 22.17 (iii) for each commercial hoop net in inland waters, $1.25; 22.18 (iv) for each submerged fyke, trap, and hoop net in Lake 22.19 Superior, St. Louis Estuary, Lake of the Woods, and Rainy, 22.20 Namakan, and Sand Point lakes, and for each pound net in Lake 22.21 Superior, $15; 22.22 (v) for each stake and pound net in Lake of the Woods, $60; 22.23 and 22.24 (vi) for each set line in the Wisconsin boundary waters, 22.25 $20; and22.26(vii) for each trawl used in Lake Superior, $50. 22.27 Sec. 30. [97C.02] [ACQUISITION OF CRITICAL AQUATIC 22.28 HABITAT.] 22.29 The commissioner shall acquire lands that are critical for 22.30 fish and other aquatic life and that meet criteria described for 22.31 aquatic management areas in section 86A.05, subdivision 14. The 22.32 lands that are acquired may be developed to manage lakes, 22.33 rivers, streams, and adjacent wetlands and lands for aquatic 22.34 life, water quality, intrinsic biological value, public fishing, 22.35 and other compatible outdoor recreational uses. The land may be 22.36 acquired by gift, lease, easement, or purchase. The 23.1 commissioner shall designate land acquired under this 23.2 subdivision as aquatic management areas for the purposes of the 23.3 outdoor recreation system. 23.4 Sec. 31. Minnesota Statutes 1998, section 97C.041, is 23.5 amended to read: 23.6 97C.041 [COMMISSIONER MAY REMOVE ROUGH FISH AND CATFISH.] 23.7 The commissioner may take rough fish, lake whitefish, and 23.8 rainbow smelt with seines, nets, and other devices. The 23.9 commissioner may also take catfish with seines, nets, and other 23.10 devices on the Minnesota-Wisconsin boundary waters. The 23.11 commissioner may hire or contract persons, or issue permits, to 23.12 take the fish. The commissioner shall prescribe the manner of 23.13 taking and disposal. The commissioner may award a contract 23.14 under this section without competitive bidding. Before 23.15 establishing the contractor's compensation, the commissioner 23.16 must consider the qualifications of the contractor, including 23.17 the contractor's equipment, knowledge of the waters, and ability 23.18 to perform the work. 23.19 Sec. 32. Minnesota Statutes 1998, section 97C.501, 23.20 subdivision 1, is amended to read: 23.21 Subdivision 1. [MINNOW RETAILERS.] (a) A person may not be 23.22 a minnow retailer without a minnow retailer license except as 23.23 provided insubdivisionsubdivisions 2, paragraph (d), and 3. A 23.24 person must purchase a minnow retailer license for each minnow 23.25 retail outlet operated, except as provided by subdivision 2, 23.26 paragraph (d). 23.27 (b) A minnow retailer must obtain a minnow retailer's 23.28 vehicle license for each motor vehicle used by the minnow 23.29 retailer to transport more than 12 dozen minnows to the minnow 23.30 retailer's place of business, except as provided in subdivision 23.31 3. A minnow retailer is not required to obtain a minnow 23.32 retailer's vehicle license if minnows are being transported by 23.33 common carrier and information is provided that allows the 23.34 commissioner to find out the location of the shipment in the 23.35 state. 23.36 Sec. 33. Minnesota Statutes 1998, section 97C.501, 24.1 subdivision 2, is amended to read: 24.2 Subd. 2. [MINNOW DEALERS.] (a) A person may not be a 24.3 minnow dealer without a minnow dealer license except as provided 24.4 in subdivision 3. 24.5 (b) A minnow dealer must obtain a minnow dealer's vehicle 24.6 license for each motor vehicle used to transport minnows. The 24.7 serial number, motor vehicle license number, make, and model 24.8 must be on the license. The license must be conspicuously 24.9 displayed in the vehicle. 24.10 (c) A minnow dealer may not transport minnows out of the 24.11 state without an exporting minnow dealer license. A minnow 24.12 dealer must obtain an exporting minnow dealer's vehicle license 24.13 for each motor vehicle used to transport minnows out of the 24.14 state. The serial number, motor vehicle license number, make, 24.15 and model must be on the license. The license must be 24.16 conspicuously displayed in the vehicle. 24.17 (d) A person with a minnow dealer's license may sell 24.18 minnows at one retail outlet. A minnow dealer must obtain a 24.19 minnow retailer license for each additional retail outlet 24.20 operated. A minnow dealer operating a retail outlet under a 24.21 minnow dealer's license must list the following information for 24.22 the retail outlet: name of the business; city; state; zip code; 24.23 and legal description or fire number. The retail outlet name 24.24 and location may be changed by making application to the 24.25 commissioner. 24.26 Sec. 34. Minnesota Statutes 1998, section 97C.605, 24.27 subdivision 1, is amended to read: 24.28 Subdivision 1. [LICENSE REQUIRED.] A person may not take, 24.29 possess,buy, sell,or transport turtles without an angling 24.30 license, except as provided in subdivision 2. 24.31 Sec. 35. Minnesota Statutes 1998, section 97C.605, 24.32 subdivision 2, is amended to read: 24.33 Subd. 2. [SALES LICENSE.] (a) A person may not take, 24.34 possess, transport, or purchase turtles for sale without a 24.35 turtle seller's license, except as provided in this subdivision. 24.36 (b) A person does not need a turtle seller's licenseis25.1not required to buy turtles for retail sale to consumersor an 25.2 angling license: 25.3 (1) when buying turtles for resale at alocation licensed25.4by the department of agriculture or health for sale or25.5preparation of foodretail outlet; 25.6 (2)of a person licensed by the department of agriculture25.7or health for sale or preparation of food; or25.8(3) of a personwhen buying a turtle at a retail outlet; or 25.9 (3) if the person is a nonresident buying a turtle from a 25.10 licensed turtle seller for export out of state. Shipping 25.11 documents provided by the turtle seller must accompany each 25.12 shipment exported out of state by a nonresident. Shipping 25.13 documents must include: name, address, city, state, and zip 25.14 code of the buyer; number of each species of turtle; and name 25.15 and license number of the turtle seller. 25.16 Sec. 36. Minnesota Statutes 1999 Supplement, section 25.17 169.1217, subdivision 7a, is amended to read: 25.18 Subd. 7a. [ADMINISTRATIVE FORFEITURE PROCEDURE.] (a) A 25.19 motor vehicle used to commit a designated offense or used in 25.20 conduct resulting in a designated license revocation is subject 25.21 to administrative forfeiture under this subdivision. 25.22 (b) When a motor vehicle is seized under subdivision 2, the 25.23 appropriate agency shall serve the driver or operator of the 25.24 vehicle with a notice of the seizure and intent to forfeit the 25.25 vehicle. Additionally, when a motor vehicle is seized under 25.26 subdivision 2, or within a reasonable time after that, all 25.27 persons known to have an ownership, possessory, or security 25.28 interest in the vehicle must be notified of the seizure and the 25.29 intent to forfeit the vehicle. For those vehicles required to 25.30 be registered under chapter 168, the notification to a person 25.31 known to have a security interest in the vehicle is required 25.32 only if the vehicle is registered under chapter 168 and the 25.33 interest is listed on the vehicle's title. Notice mailed by 25.34 certified mail to the address shown in department of public 25.35 safety records is sufficient notice to the registered owner of 25.36 the vehicle. Otherwise, notice may be given in the manner 26.1 provided by law for service of a summons in a civil action. 26.2 (c) The notice must be in writing and contain: 26.3 (1) a description of the vehicle seized; 26.4 (2) the date of seizure; and 26.5 (3) notice of the right to obtain judicial review of the 26.6 forfeiture and of the procedure for obtaining that judicial 26.7 review, printed in English, Hmong, and Spanish. Substantially 26.8 the following language must appear conspicuously: "IF YOU DO 26.9 NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA 26.10 STATUTES, SECTION 169.1217, SUBDIVISION 7a, YOU LOSE THE RIGHT 26.11 TO A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY 26.12 RIGHT YOU MAY HAVE TO THE ABOVE DESCRIBED PROPERTY. YOU MAY NOT 26.13 HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE 26.14 UNABLE TO AFFORD THE FEE. IF THE PROPERTY IS WORTH $7,500 OR 26.15 LESS, YOU MAY FILE YOUR CLAIM IN CONCILIATION COURT. YOU DO NOT 26.16 HAVE TO PAY THE CONCILIATION COURT FILING FEE IF THE PROPERTY IS 26.17 WORTH LESS THAN $500." 26.18 (d) Within 30 days following service of a notice of seizure 26.19 and forfeiture under this subdivision, a claimant may file a 26.20 demand for a judicial determination of the forfeiture. The 26.21 demand must be in the form of a civil complaint and must be 26.22 filed with the court administrator in the county in which the 26.23 seizure occurred, together with proof of service of a copy of 26.24 the complaint on the prosecuting authority having jurisdiction 26.25 over the forfeiture, and the standard filing fee for civil 26.26 actions unless the petitioner has the right to sue in forma 26.27 pauperis under section 563.01. If the value of the seized 26.28 property is $7,500 or less, the claimant may file an action in 26.29 conciliation court for recovery of the seized vehicle. If the 26.30 value of the seized property is less than $500, the claimant 26.31 does not have to pay the conciliation court filing fee. No 26.32 responsive pleading is required of the prosecuting authority and 26.33 no court fees may be charged for the prosecuting authority's 26.34 appearance in the matter. Except as provided in this section, 26.35 judicial reviews and hearings are governed by section 169.123, 26.36 subdivisions 5c and 6, and shall take place at the same time as 27.1 any judicial review of the person's license revocation under 27.2 section 169.123. The proceedings may be combined with any 27.3 hearing on a petition filed under section 169.123, subdivision 27.4 5c, and are governed by the rules of civil procedure. 27.5 (e) The complaint must be captioned in the name of the 27.6 claimant as plaintiff and the seized vehicle as defendant, and 27.7 must state with specificity the grounds on which the claimant 27.8 alleges the vehicle was improperly seized and the plaintiff's 27.9 interest in the vehicle seized. Notwithstanding any law to the 27.10 contrary, an action for the return of a vehicle seized under 27.11 this section may not be maintained by or on behalf of any person 27.12 who has been served with a notice of seizure and forfeiture 27.13 unless the person has complied with this subdivision. 27.14 (f) If the claimant makes a timely demand for a judicial 27.15 determination under this subdivision, the appropriate agency 27.16 must conduct the forfeiture under subdivision 8. 27.17 (g) If a demand for judicial determination of an 27.18 administrative forfeiture is filed under this subdivision and 27.19 the court orders the return of the seized vehicle, the court 27.20 shall order that filing fees be reimbursed to the person who 27.21 filed the demand. In addition, the court may order sanctions 27.22 under section 549.211. 27.23 Sec. 37. Minnesota Statutes 1999 Supplement, section 27.24 290.431, is amended to read: 27.25 290.431 [NONGAME WILDLIFE CHECKOFF.] 27.26 Every individual who files an income tax return or property 27.27 tax refund claim form may designate on their original return 27.28 that $1 or more shall be added to the tax or deducted from the 27.29 refund that would otherwise be payable by or to that individual 27.30 and paid into an account to be established for the management of 27.31 nongame wildlife. The commissioner of revenue shall, on the 27.32 income tax return and the property tax refund claim form, notify 27.33 filers of their right to designate that a portion of their tax 27.34 or refund shall be paid into the nongame wildlife management 27.35 account. The sum of the amounts so designated to be paid shall 27.36 be credited to the nongame wildlife management account for use 28.1 by the nongame program of the section of wildlife in the 28.2 department of natural resources. All interest earned on money 28.3 accrued, gifts to the program, contributions to the program, and 28.4 reimbursements of expenditures in the nongame wildlife 28.5 management account shall be credited to the account by the state 28.6 treasurer, except that gifts or contributions received directly 28.7 by the commissioner of natural resources and directed by the 28.8 contributor for use in specific nongame field projects or 28.9 geographic areas shall be handled according to section 84.085, 28.10 subdivision 1. The commissioner of natural resources shall 28.11 submit a work program for each fiscal year and semiannual 28.12 progress reports to the legislative commission on Minnesota 28.13 resources in the form determined by the commission. None of the 28.14 money provided in this section may be expended unless the 28.15 commission has approved the work program. 28.16 The state pledges and agrees with all contributors to the 28.17 nongame wildlife management account to use the funds contributed 28.18 solely for the management of nongame wildlife projects and 28.19 further agrees that it will not impose additional conditions or 28.20 restrictions that will limit or otherwise restrict the ability 28.21 of the commissioner of natural resources to use the available 28.22 funds for the most efficient and effective management of nongame 28.23 wildlife. 28.24 Sec. 38. Minnesota Statutes 1999 Supplement, section 28.25 290.432, is amended to read: 28.26 290.432 [CORPORATE NONGAME WILDLIFE CHECKOFF.] 28.27 A corporation that files an income tax return may designate 28.28 on its original return that $1 or more shall be added to the tax 28.29 or deducted from the refund that would otherwise be payable by 28.30 or to that corporation and paid into the nongame wildlife 28.31 management account established by section 290.431 for use by the 28.32 section of wildlife in the department of natural resources for 28.33 its nongame wildlife program. The commissioner of revenue 28.34 shall, on the corporate tax return, notify filers of their right 28.35 to designate that a portion of their tax return be paid into the 28.36 nongame wildlife management account for the protection of 29.1 endangered natural resources. All interest earned on money 29.2 accrued, gifts to the program, contributions to the program, and 29.3 reimbursements of expenditures in the nongame wildlife 29.4 management account shall be credited to the account by the state 29.5 treasurer, except that gifts or contributions received directly 29.6 by the commissioner of natural resources and directed by the 29.7 contributor for use in specific nongame field projects or 29.8 geographic areas shall be handled according to section 84.085, 29.9 subdivision 1. The commissioner of natural resources shall 29.10 submit a work program for each fiscal year to the legislative 29.11 commission on Minnesota resources in the form determined by the 29.12 commission. None of the money provided in this section may be 29.13 spent unless the commission has approved the work program. 29.14 The state pledges and agrees with all corporate 29.15 contributors to the nongame wildlife account to use the funds 29.16 contributed solely for the nongame wildlife program and further 29.17 agrees that it will not impose additional conditions or 29.18 restrictions that will limit or otherwise restrict the ability 29.19 of the commissioner of natural resources to use the available 29.20 funds for the most efficient and effective management of those 29.21 programs. 29.22 Sec. 39. Minnesota Statutes 1999 Supplement, section 29.23 574.264, subdivision 1, is amended to read: 29.24 Subdivision 1. [NATURAL RESOURCE DEVELOPMENT PROJECTS.] In 29.25 place of a performance or payment bond or bid deposit for a 29.26 state contract for a natural resource development project less 29.27 than$50,000$100,000, the person required to file the bond or 29.28 bid deposit may deposit in a local designated state depository 29.29 or with the state treasurer a certified check, a cashier's 29.30 check, a postal, bank, or express money order, assignable bonds 29.31 or notes of the United States, or an assignment of a bank 29.32 savings account or investment certificate or an irrevocable bank 29.33 letter of credit, in the same amount that would be required for 29.34 the bond or bid deposit. If securities listed in this section 29.35 are deposited, their value shall not be less than the amount 29.36 required for the bond or bid deposit and the person required to 30.1 file the bond or bid deposit shall submit an agreement 30.2 authorizing the commissioner to sell or otherwise take 30.3 possession of the securities in the event of default under the 30.4 contract or nonpayment of any persons furnishing labor and 30.5 materials under, or to perform, the contract. 30.6 Sec. 40. [WATER SUPPLY MANAGEMENT; LEGISLATIVE APPROVAL.] 30.7 According to Minnesota Statutes, section 103G.265, 30.8 subdivision 3, the legislature approves the granting of a permit 30.9 by the commissioner of natural resources to the city of Grand 30.10 Forks, North Dakota, for consumptive uses of more than 2,000,000 30.11 gallons of water per day average in a 30-day period from the Red 30.12 River of the North for municipal water supply purposes. 30.13 Approval granted under this section is limited and the term of 30.14 the permit shall not exceed January 1, 2005. 30.15 Sec. 41. [REPEALER.] 30.16 Minnesota Statutes 1998, sections 93.07; 93.08; 93.09; 30.17 93.10; 93.11; 93.12; 93.13; 93.18; 93.19; 93.191; 93.192; 30.18 93.202; 93.23; 93.24; 93.283; 93.285, subdivisions 4 and 5; 30.19 93.30; 93.31; 93.32; 93.335, subdivisions 4 and 5; 93.34, 30.20 subdivisions 1 and 3; 93.351; 93.352; 93.353; 93.354; 93.355; 30.21 93.356; 93.357; 93.37; 93.38; 93.39; 93.42; and 97B.312, are 30.22 repealed.