Minnesota Session Laws - 2017, Regular Session

CHAPTER 93--S.F.No. 844

An act

relating to state government; appropriating money for environment, natural resources, and tourism purposes; modifying fees; providing for disposition of certain receipts; modifying grant, contract, and lease provisions; modifying state park permit requirements; modifying water safety provisions; modifying provisions to take, possess, and transport wildlife; modifying duties and authority; modifying Minnesota Naturalist Corps provisions; modifying prescribed burn provisions; modifying timber sales provisions; providing for certain hearings, appeals, and reviews; modifying buffer requirements; modifying landfill cleanup program; modifying tax-forfeited land provisions; providing for riparian protection aid; modifying the Water Law; modifying invasive species provisions; modifying off-highway vehicle provisions; modifying permit and license requirements; modifying Petroleum Tank Release Cleanup Act; extending ban on open air swine basins; modifying environmental review; modifying Environmental Quality Board; requiring reports; requiring rulemaking;

amending Minnesota Statutes 2016, sections 84.01, by adding a subdivision; 84.027, subdivisions 14a, 14b; 84.788, subdivision 2; 84.793, subdivision 1; 84.8031; 84.82, subdivisions 2, 3; 84.8205, subdivision 1; 84.922, subdivision 5; 84.925, subdivision 1; 84.9256, subdivisions 1, 2; 84.9275, subdivision 1; 84.946, subdivision 2, by adding a subdivision; 84.992, subdivisions 3, 4, 5, 6; 84D.03, subdivisions 3, 4; 84D.04, subdivision 1; 84D.05, subdivision 1; 84D.108, subdivision 2a, by adding subdivisions; 84D.11, by adding a subdivision; 85.052, subdivision 1; 85.053, subdivisions 8, 10; 85.054, by adding a subdivision; 85.055, subdivision 1; 85.22, subdivision 2a; 85.32, subdivision 1; 86B.301, subdivision 2; 86B.313, subdivision 1; 86B.701, subdivision 3; 88.01, subdivision 28; 88.523; 89.39; 90.01, subdivisions 8, 12, by adding a subdivision; 90.041, subdivision 2; 90.051; 90.101, subdivision 2; 90.14; 90.145, subdivision 2; 90.151, subdivision 1; 90.162; 90.252; 93.25, subdivision 2; 93.47, subdivision 4; 93.481, subdivision 2; 93.50; 94.343, subdivision 9; 94.344, subdivision 9; 97A.015, subdivisions 39, 43, 45, 52, 53, by adding a subdivision; 97A.045, subdivision 10; 97A.055, subdivision 2; 97A.075, subdivision 1; 97A.137, subdivision 5; 97A.201, subdivision 2, by adding a subdivision; 97A.225, subdivision 8; 97A.301, subdivision 1; 97A.338; 97A.420, subdivision 1; 97A.421, subdivision 2a; 97A.441, subdivision 1; 97A.473, subdivisions 2, 2a, 2b, 4, 5, 5a; 97A.474, subdivision 2; 97A.475, subdivisions 2, 3, 6, 7, 8, 45; 97B.031, subdivision 6; 97B.071; 97B.405; 97B.431; 97B.516; 97B.655, subdivision 1; 97C.081, subdivision 3; 97C.355, subdivisions 2, 2a; 97C.401, subdivision 2; 97C.501, subdivision 1; 97C.701, by adding a subdivision; 103F.48, subdivisions 1, 3; 103G.005, subdivisions 10b, 10h, by adding a subdivision; 103G.222, subdivisions 1, 3; 103G.223; 103G.2242, subdivisions 1, 2; 103G.2372, subdivision 1; 103G.271, subdivisions 1, 6, 6a, 7; 103G.287, subdivision 1; 103G.411; 114D.25, by adding a subdivision; 115B.39, subdivision 2; 115B.40, subdivision 4; 115C.021, subdivision 1, by adding a subdivision; 116.03, subdivision 2b, by adding a subdivision; 116.07, subdivision 4d; 116.0714; 116C.03, subdivision 2; 116C.04, subdivision 2; 116D.04, subdivisions 2a, 5b, 10; 116D.045, subdivision 1; 160.06; 168.1295, subdivision 1; 282.018, subdivision 1; 282.04, subdivision 1; 296A.18, subdivision 6a; Laws 2000, chapter 486, section 4, as amended; Laws 2013, chapter 114, article 4, section 105; Laws 2015, First Special Session chapter 4, article 4, sections 136; 146; Laws 2016, chapter 189, article 3, sections 6; 26; 46; proposing coding for new law in Minnesota Statutes, chapters 85; 93; 115; 115B; 477A; repealing Minnesota Statutes 2016, sections 84.026, subdivision 3; 97B.031, subdivision 5; 97C.701, subdivisions 1a, 6; 97C.705; 97C.711; 116C.03, subdivision 3a; 116C.04, subdivision 3; Minnesota Rules, parts 6258.0100; 6258.0200; 6258.0300; 6258.0400; 6258.0500; 6258.0600; 6258.0700, subparts 1, 4, 5; 6258.0800; 6258.0900.

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

ARTICLE 1

ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS

Section 1. new text begin ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS. new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the agencies and for the purposes specified in this article. The appropriations are from the general fund, or another named fund, and are available for the fiscal years indicated for each purpose. The figures "2018" and "2019" used in this article mean that the appropriations listed under them are available for the fiscal year ending June 30, 2018, or June 30, 2019, respectively. "The first year" is fiscal year 2018. "The second year" is fiscal year 2019. "The biennium" is fiscal years 2018 and 2019. Appropriations for the fiscal year ending June 30, 2017, are effective the day following final enactment. new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2018 new text end		new text begin 2019 new text end

Sec. 2. new text begin POLLUTION CONTROL AGENCY new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 101,821,000 new text end

new text begin $ new text end

new text begin 100,206,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin General new text end	new text begin 6,543,000 new text end	new text begin 6,802,000 new text end
new text begin State Government Special Revenue new text end	new text begin 75,000 new text end	new text begin 75,000 new text end
new text begin Environmental new text end	new text begin 78,984,000 new text end	new text begin 79,892,000 new text end
new text begin Remediation new text end	new text begin 13,219,000 new text end	new text begin 13,437,000 new text end
new text begin Closed Landfill Investment new text end	new text begin 3,000,000 new text end	new text begin -0- new text end

new text begin The amounts that may be spent for each purpose are specified in the following subdivisions. new text end

new text begin The commissioner must present the agency's biennial budget for fiscal years 2020 and 2021 to the legislature in a transparent way by agency division, including the proposed budget bill and presentations of the budget to committees and divisions with jurisdiction over the agency's budget. new text end

new text begin Subd. 2. new text end new text begin Environmental Analysis and Outcomes new text end

new text begin 12,577,000 new text end

new text begin 12,558,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin Environmental new text end	new text begin 12,308,000 new text end	new text begin 12,289,000 new text end
new text begin Remediation new text end	new text begin 181,000 new text end	new text begin 181,000 new text end
new text begin General new text end	new text begin 88,000 new text end	new text begin 88,000 new text end

new text begin (a) $88,000 the first year and $88,000 the second year are from the general fund for: new text end

new text begin (1) a municipal liaison to assist municipalities in implementing and participating in the water-quality standards rulemaking process and navigating the NPDES/SDS permitting process; new text end

new text begin (2) enhanced economic analysis in the water-quality standards rulemaking process, including more-specific analysis and identification of cost-effective permitting; new text end

new text begin (3) developing statewide economic analyses and templates to reduce the amount of information and time required for municipalities to apply for variances from water-quality standards; and new text end

new text begin (4) coordinating with the Public Facilities Authority to identify and advocate for the resources needed for municipalities to achieve permit requirements. new text end

new text begin (b) $204,000 the first year and $204,000 the second year are from the environmental fund for a monitoring program under Minnesota Statutes, section 116.454. new text end

new text begin (c) $346,000 the first year and $346,000 the second year are from the environmental fund for monitoring ambient air for hazardous pollutants. new text end

new text begin (d) $90,000 the first year and $90,000 the second year are from the environmental fund for duties related to harmful chemicals in children's products under Minnesota Statutes, sections 116.9401 to 116.9407. Of this amount, $57,000 each year is transferred to the commissioner of health. new text end

new text begin (e) $109,000 the first year and $109,000 the second year are from the environmental fund for registration of wastewater laboratories. new text end

new text begin (f) $913,000 the first year and $913,000 the second year are from the environmental fund to continue perfluorochemical biomonitoring in eastern-metropolitan communities, as recommended by the Environmental Health Tracking and Biomonitoring Advisory Panel, and address other environmental health risks, including air quality. The communities must include Hmong and other immigrant farming communities. Of this amount, up to $677,000 the first year and $677,000 the second year are for transfer to the Department of Health. new text end

new text begin (g) $100,000 the first year and $50,000 the second year are from the environmental fund for impaired waters listing procedures required under this act. new text end

new text begin Subd. 3. new text end new text begin Industrial new text end

new text begin 14,079,000 new text end

new text begin 14,200,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin Environmental new text end	new text begin 13,099,000 new text end	new text begin 13,220,000 new text end
new text begin Remediation new text end	new text begin 980,000 new text end	new text begin 980,000 new text end

new text begin $980,000 the first year and $980,000 the second year are from the remediation fund for the leaking underground storage tank program to investigate, clean up, and prevent future releases from underground petroleum storage tanks and to the petroleum remediation program for vapor assessment and remediation. These same annual amounts are transferred from the petroleum tank fund to the remediation fund. new text end

new text begin Subd. 4. new text end new text begin Municipal new text end

new text begin 6,625,000 new text end

new text begin 6,624,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin General new text end	new text begin 162,000 new text end	new text begin 162,000 new text end
new text begin Environmental new text end	new text begin 6,463,000 new text end	new text begin 6,462,000 new text end

new text begin (a) $162,000 the first year and $162,000 the second year are from the general fund for: new text end

new text begin (1) a municipal liaison to assist municipalities in implementing and participating in the water-quality standards rulemaking process and navigating the NPDES/SDS permitting process; new text end

new text begin (2) enhanced economic analysis in the water-quality standards rulemaking process, including more specific analysis and identification of cost-effective permitting; new text end

new text begin (3) development of statewide economic analyses and templates to reduce the amount of information and time required for municipalities to apply for variances from water quality standards; and new text end

new text begin (4) coordinating with the Public Facilities Authority to identify and advocate for the resources needed for municipalities to achieve permit requirements. new text end

new text begin (b) $50,000 the first year and $50,000 the second year are from the environmental fund for transfer to the Office of Administrative Hearings to establish sanitary districts. new text end

new text begin (c) $615,000 the first year and $614,000 the second year are from the environmental fund for subsurface sewage treatment system (SSTS) program administration and community technical assistance and education, including grants and technical assistance to communities for water-quality protection. Of this amount, $129,000 each year is for assistance to counties through grants for SSTS program administration. A county receiving a grant from this appropriation must submit the results achieved with the grant to the commissioner as part of its annual SSTS report. Any unexpended balance in the first year does not cancel but is available in the second year. new text end

new text begin (d) $639,000 the first year and $640,000 the second year are from the environmental fund to address the need for continued increased activity in the areas of new technology review, technical assistance for local governments, and enforcement under Minnesota Statutes, sections 115.55 to 115.58, and to complete the requirements of Laws 2003, chapter 128, article 1, section 165. new text end

new text begin (e) Notwithstanding Minnesota Statutes, section 16A.28, the appropriations encumbered on or before June 30, 2019, as grants or contracts for subsurface sewage treatment systems, surface water and groundwater assessments, storm water, and water-quality protection in this subdivision are available until June 30, 2022. new text end

new text begin Subd. 5. new text end new text begin Operations new text end

new text begin 9,769,000 new text end

new text begin 11,052,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin Environmental new text end	new text begin 6,349,000 new text end	new text begin 7,154,000 new text end
new text begin Remediation new text end	new text begin 1,074,000 new text end	new text begin 1,293,000 new text end
new text begin General new text end	new text begin 2,346,000 new text end	new text begin 2,605,000 new text end

new text begin (a) $174,000 the first year and $174,000 the second year are from the remediation fund for purposes of the leaking underground storage tank program to investigate, clean up, and prevent future releases from underground petroleum storage tanks, and to the petroleum remediation program for vapor assessment and remediation. These same annual amounts are transferred from the petroleum tank fund to the remediation fund. new text end

new text begin (b) $400,000 the first year and $400,000 the second year are from the environmental fund to develop and maintain systems to support permitting and regulatory business processes and agency data. This is a onetime appropriation. new text end

new text begin (c) $300,000 the first year is from the environmental fund for a grant to the Metropolitan Council under Minnesota Statutes, section 116.195, for wastewater infrastructure to support waste to biofuel development. This is a onetime appropriation and is available until June 30, 2019. new text end

new text begin (d) $2,346,000 the first year and $2,605,000 the second year are from the general fund for agency operating adjustments. The commissioner shall make necessary adjustments to program appropriations in this article to distribute these funds. The commissioner may transfer an amount of this appropriation to the remediation fund. By September 1, 2017, the commissioner shall report to the chairs of the legislative committees with jurisdiction over environment and natural resources finance the distribution of funds and resulting base-level appropriations for each program. new text end

new text begin (e) $1,774,000 the first year and $2,879,000 the second year are from the environmental fund for agency operating adjustments. The commissioner shall make necessary adjustments to program appropriations in this article to distribute these funds. By September 1, 2017, the commissioner shall report to the chairs of the legislative committees with jurisdiction over environment and natural resources finance the distribution of funds and resulting base-level appropriations for each program. new text end

new text begin (f) $310,000 the first year and $528,000 the second year are from the remediation fund for agency operating adjustments. The commissioner shall make necessary adjustments to program appropriations in this article to distribute these funds. By September 1, 2017, the commissioner shall report to the chairs of the legislative committees with jurisdiction over environment and natural resources finance the distribution of funds and resulting base-level appropriations for each program. If any amount under this paragraph is allocated for the leaking underground storage-tank program, the same amount is transferred from the petroleum tank fund to the remediation fund. new text end

new text begin Subd. 6. new text end new text begin Remediation new text end

new text begin 14,670,000 new text end

new text begin 11,669,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin Environmental new text end	new text begin 688,000 new text end	new text begin 688,000 new text end
new text begin Remediation new text end	new text begin 10,766,000 new text end	new text begin 10,765,000 new text end
new text begin Closed Landfill Investment new text end	new text begin 3,000,000 new text end	new text begin -0- new text end
new text begin General new text end	new text begin 216,000 new text end	new text begin 216,000 new text end

new text begin (a) All money for environmental response, compensation, and compliance in the remediation fund not otherwise appropriated is appropriated to the commissioners of the Pollution Control Agency and agriculture for purposes of Minnesota Statutes, section 115B.20, subdivision 2, clauses (1), (2), (3), (6), and (7). At the beginning of each fiscal year, the two commissioners shall jointly submit an annual spending plan to the commissioner of management and budget that maximizes the use of resources and appropriately allocates the money between the two departments. This appropriation is available until June 30, 2019. new text end

new text begin (b) $216,000 the first year and $216,000 the second year are from the general fund and $216,000 the first year and $216,000 the second year are from the environmental fund to manage contaminated sediment projects at multiple sites identified in the St. Louis River remedial action plan to restore water quality in the St. Louis River area of concern. This amount is added to the base for fiscal year 2020 only. new text end

new text begin (c) $3,871,000 the first year and $3,870,000 the second year are from the remediation fund for purposes of the leaking underground storage tank program to investigate, clean up, and prevent future releases from underground petroleum storage tanks, and to the petroleum remediation program for purposes of vapor assessment and remediation. These same annual amounts are transferred from the petroleum tank fund to the remediation fund. new text end

new text begin (d) $252,000 the first year and $252,000 the second year are from the remediation fund for transfer to the commissioner of health for private water-supply monitoring and health assessment costs in areas contaminated by unpermitted mixed municipal solid waste disposal facilities and drinking water advisories and public information activities for areas contaminated by hazardous releases. new text end

new text begin (e) Notwithstanding Minnesota Statutes, section 115B.421, $3,000,000 the first year is from the closed landfill investment fund for settling obligations with the federal government, remedial investigations, feasibility studies, engineering, and cleanup-related activities for purposes of environmental response actions at a priority qualified facility under Minnesota Statutes, sections 115B.406 and 115B.407. By January 15, 2018, the commissioner must submit a status report to the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over the environment and natural resources. This is a onetime appropriation and is available until June 30, 2019. new text end

new text begin Subd. 7. new text end new text begin Resource Management and Assistance new text end

new text begin 33,617,000 new text end

new text begin 33,619,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin General new text end	new text begin 700,000 new text end	new text begin 700,000 new text end
new text begin State Government Special Revenue new text end	new text begin 75,000 new text end	new text begin 75,000 new text end
new text begin Environmental new text end	new text begin 32,842,000 new text end	new text begin 32,844,000 new text end

new text begin (a) Up to $150,000 the first year and $150,000 the second year may be transferred from the environmental fund to the small business environmental improvement loan account established in Minnesota Statutes, section 116.993. new text end

new text begin (b) $1,000,000 the first year and $1,000,000 the second year are for competitive recycling grants under Minnesota Statutes, section 115A.565. Of this amount $700,000 each year is from the general fund, and $300,000 each year is from the environmental fund. This appropriation is available until June 30, 2021. Any unencumbered grant and loan balances in the first year do not cancel but are available for grants and loans in the second year. new text end

new text begin (c) $693,000 the first year and $693,000 the second year are from the environmental fund for emission reduction activities and grants to small businesses and other nonpoint emission reduction efforts. Of this amount, $100,000 the first year and $100,000 the second year are to continue work with Clean Air Minnesota, and the commissioner may enter into an agreement with Environmental Initiative to support this effort. Any unencumbered grant and loan balances in the first year do not cancel but are available for grants and loans in the second year. new text end

new text begin (d) $17,250,000 the first year and $17,250,000 the second year are from the environmental fund for SCORE block grants to counties. new text end

new text begin (e) $119,000 the first year and $119,000 the second year are from the environmental fund for environmental assistance grants or loans under Minnesota Statutes, section 115A.0716. Any unencumbered grant and loan balances in the first year do not cancel but are available for grants and loans in the second year. new text end

new text begin (f) $68,000 the first year and $69,000 the second year are from the environmental fund for subsurface sewage treatment system (SSTS) program administration and community technical assistance and education, including grants and technical assistance to communities for water-quality protection. new text end

new text begin (g) $125,000 the first year and $126,000 the second year are from the environmental fund to address the need for continued increased activity in the areas of new technology review, technical assistance for local governments, and enforcement under Minnesota Statutes, sections 115.55 to 115.58, and to complete the requirements of Laws 2003, chapter 128, article 1, section 165. new text end

new text begin (h) All money deposited in the environmental fund for the metropolitan solid waste landfill fee in accordance with Minnesota Statutes, section 473.843, and not otherwise appropriated, is appropriated for the purposes of Minnesota Statutes, section 473.844. new text end

new text begin (i) Notwithstanding Minnesota Statutes, section 16A.28, the appropriations encumbered on or before June 30, 2019, as contracts or grants for environmental assistance awarded under Minnesota Statutes, section 115A.0716; technical and research assistance under Minnesota Statutes, section 115A.152; technical assistance under Minnesota Statutes, section 115A.52; and pollution prevention assistance under Minnesota Statutes, section 115D.04, are available until June 30, 2021. new text end

new text begin Subd. 8. new text end new text begin Watershed new text end

new text begin 9,220,000 new text end

new text begin 9,220,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin Environmental new text end	new text begin 7,043,000 new text end	new text begin 7,043,000 new text end
new text begin Remediation new text end	new text begin 218,000 new text end	new text begin 218,000 new text end
new text begin General new text end	new text begin 1,959,000 new text end	new text begin 1,959,000 new text end

new text begin (a) $1,959,000 the first year and $1,959,000 the second year are from the general fund for grants to delegated counties to administer the county feedlot program under Minnesota Statutes, section 116.0711, subdivisions 2 and 3. Money remaining after the first year is available for the second year. new text end

new text begin (b) $207,000 the first year and $207,000 the second year are from the environmental fund for the costs of implementing general operating permits for feedlots over 1,000 animal units. new text end

new text begin (c) $118,000 the first year and $118,000 the second year are from the remediation fund for purposes of the leaking underground storage tank program to investigate, clean up, and prevent future releases from underground petroleum storage tanks, and to the petroleum remediation program for vapor assessment and remediation. These same annual amounts are transferred from the petroleum tank fund to the remediation fund. new text end

new text begin Subd. 9. new text end new text begin Environmental Quality Board new text end

new text begin 1,264,000 new text end

new text begin 1,264,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin General new text end	new text begin 1,072,000 new text end	new text begin 1,072,000 new text end
new text begin Environmental new text end	new text begin 192,000 new text end	new text begin 192,000 new text end

new text begin Subd. 10. new text end new text begin Transfers new text end

new text begin The commissioner shall transfer up to $44,000,000 from the environmental fund to the remediation fund for the purposes of the remediation fund under Minnesota Statutes, section 116.155, subdivision 2. new text end

Sec. 3. new text begin NATURAL RESOURCES new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 283,249,000 new text end

new text begin $ new text end

new text begin 286,475,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin General new text end	new text begin 86,508,000 new text end	new text begin 84,699,000 new text end
new text begin Natural Resources new text end	new text begin 94,744,000 new text end	new text begin 97,773,000 new text end
new text begin Game and Fish new text end	new text begin 101,689,000 new text end	new text begin 103,688,000 new text end
new text begin Remediation new text end	new text begin 102,000 new text end	new text begin 103,000 new text end
new text begin Permanent School new text end	new text begin 206,000 new text end	new text begin 212,000 new text end

new text begin The amounts that may be spent for each purpose are specified in the following subdivisions. new text end

new text begin Subd. 2. new text end new text begin Land and Mineral Resources Management new text end

new text begin 5,652,000 new text end

new text begin 5,658,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin General new text end	new text begin 1,710,000 new text end	new text begin 1,710,000 new text end
new text begin Natural Resources new text end	new text begin 3,392,000 new text end	new text begin 3,392,000 new text end
new text begin Game and Fish new text end	new text begin 344,000 new text end	new text begin 344,000 new text end
new text begin Permanent School new text end	new text begin 206,000 new text end	new text begin 212,000 new text end

new text begin (a) $319,000 the first year and $319,000 the second year are for environmental research relating to mine permitting, of which $200,000 each year is from the minerals management account and $119,000 each year is from the general fund. new text end

new text begin (b) $2,815,000 the first year and $2,815,000 the second year are from the minerals management account in the natural resources fund for use as provided in Minnesota Statutes, section 93.2236, paragraph (c), for mineral resource management, projects to enhance future mineral income, and projects to promote new mineral resource opportunities. new text end

new text begin (c) $206,000 the first year and $212,000 the second year are from the state forest suspense account in the permanent school fund to secure maximum long-term economic return from the school trust lands consistent with fiduciary responsibilities and sound natural resources conservation and management principles. new text end

new text begin (d) $125,000 the first year and $125,000 the second year are for conservation easement stewardship. new text end

new text begin Subd. 3. new text end new text begin Ecological and Water Resources new text end

new text begin 32,740,000 new text end

new text begin 32,629,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin General new text end	new text begin 17,213,000 new text end	new text begin 17,046,000 new text end
new text begin Natural Resources new text end	new text begin 10,576,000 new text end	new text begin 10,576,000 new text end
new text begin Game and Fish new text end	new text begin 4,951,000 new text end	new text begin 5,007,000 new text end

new text begin (a) $3,242,000 the first year and $3,242,000 the second year are from the invasive species account in the natural resources fund and $3,206,000 the first year and $3,206,000 the second year are from the general fund for management, public awareness, assessment and monitoring research, and water access inspection to prevent the spread of invasive species; management of invasive plants in public waters; and management of terrestrial invasive species on state-administered lands. new text end

new text begin (b) $5,000,000 the first year and $5,000,000 the second year are from the water management account in the natural resources fund for only the purposes specified in Minnesota Statutes, section 103G.27, subdivision 2. new text end

new text begin (c) $124,000 the first year and $124,000 the second year are for a grant to the Mississippi Headwaters Board for up to 50 percent of the cost of implementing the comprehensive plan for the upper Mississippi within areas under the board's jurisdiction. new text end

new text begin (d) $10,000 the first year and $10,000 the second year are for payment to the Leech Lake Band of Chippewa Indians to implement the band's portion of the comprehensive plan for the upper Mississippi. new text end

new text begin (e) $264,000 the first year and $264,000 the second year are for grants for up to 50 percent of the cost of implementation of the Red River mediation agreement. new text end

new text begin (f) $2,078,000 the first year and $2,134,000 the second year are from the heritage enhancement account in the game and fish fund for only the purposes specified in Minnesota Statutes, section 297A.94, paragraph (e), clause (1). new text end

new text begin (g) $950,000 the first year and $950,000 the second year are from the nongame wildlife management account in the natural resources fund for the purpose of nongame wildlife management. Notwithstanding Minnesota Statutes, section 290.431, $100,000 the first year and $100,000 the second year may be used for nongame wildlife information, education, and promotion. new text end

new text begin (h) Notwithstanding Minnesota Statutes, section 84.943, $13,000 the first year and $13,000 the second year from the critical habitat private sector matching account may be used to publicize the critical habitat license plate match program. new text end

new text begin (i) $6,000,000 the first year and $6,000,000 the second year are from the general fund for the following activities: new text end

new text begin (1) financial reimbursement and technical support to soil and water conservation districts or other local units of government for groundwater level monitoring; new text end

new text begin (2) surface water monitoring and analysis, including installation of monitoring gauges; new text end

new text begin (3) groundwater analysis to assist with water appropriation permitting decisions; new text end

new text begin (4) permit application review incorporating surface water and groundwater technical analysis; new text end

new text begin (5) precipitation data and analysis to improve the use of irrigation; new text end

new text begin (6) information technology, including electronic permitting and integrated data systems; and new text end

new text begin (7) compliance and monitoring. new text end

new text begin (j) $167,000 the first year is for a grant to the Koronis Lake Association for purposes of removing and preventing aquatic invasive species. This is a onetime appropriation and is available until June 30, 2022. new text end

new text begin (k) $410,000 the first year and $410,000 the second year are from the heritage enhancement account in the game and fish fund for grants to the Minnesota Aquatic Invasive Species Research Center at the University of Minnesota to prioritize, support, and develop research-based solutions that can reduce the effects of aquatic invasive species in Minnesota by preventing spread, controlling populations, and managing ecosystems and to advance knowledge to inspire action by others. new text end

new text begin Subd. 4. new text end new text begin Forest Management new text end

new text begin 47,185,000 new text end

new text begin 45,981,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin General new text end	new text begin 31,719,000 new text end	new text begin 30,481,000 new text end
new text begin Natural Resources new text end	new text begin 14,144,000 new text end	new text begin 14,144,000 new text end
new text begin Game and Fish new text end	new text begin 1,322,000 new text end	new text begin 1,356,000 new text end

new text begin (a) $7,145,000 the first year and $7,145,000 the second year are for prevention, presuppression, and suppression costs of emergency firefighting and other costs incurred under Minnesota Statutes, section 88.12. The amount necessary to pay for presuppression and suppression costs during the biennium is appropriated from the general fund. By January 15 of each year, the commissioner of natural resources shall submit a report to the chairs and ranking minority members of the house and senate committees and divisions having jurisdiction over environment and natural resources finance, identifying all firefighting costs incurred and reimbursements received in the prior fiscal year. These appropriations may not be transferred. Any reimbursement of firefighting expenditures made to the commissioner from any source other than federal mobilizations must be deposited into the general fund. new text end

new text begin (b) $11,644,000 the first year and $11,644,000 the second year are from the forest management investment account in the natural resources fund for only the purposes specified in Minnesota Statutes, section 89.039, subdivision 2. new text end

new text begin (c) $1,322,000 the first year and $1,356,000 the second year are from the heritage enhancement account in the game and fish fund to advance ecological classification systems (ECS) scientific management tools for forest and invasive species management. new text end

new text begin (d) $780,000 the first year and $780,000 the second year are for the Forest Resources Council to implement the Sustainable Forest Resources Act. new text end

new text begin (e) $500,000 the first year is from the general fund for a study of the ability to sustainably harvest at least 1,000,000 cords of wood annually on state-administered forest lands. No later than March 1, 2018, the commissioner must report the study's findings to the legislative committees with jurisdiction over environment and natural resources policy and finance. This is a onetime appropriation. new text end

new text begin (f) $2,000,000 the first year and $2,000,000 the second year are from the forest management investment account in the natural resources fund for state forest reforestation. The base from the forest management investment account in the natural resources fund for fiscal year 2020 and later is $1,250,000. new text end

new text begin (g) $1,869,000 the first year and $1,131,000 the second year are from the general fund for the Next Generation Core Forestry data system. The appropriation is available until June 30, 2021. new text end

new text begin (h) $500,000 the first year and $500,000 the second year are from the forest management investment account in the natural resources fund for forest road maintenance on state forest roads. new text end

new text begin (i) $500,000 the first year and $500,000 the second year are from the general fund for forest road maintenance on county forest roads. new text end

new text begin (j) $500,000 the first year and $500,000 the second year are from the general fund for additional private forest management. new text end

new text begin (k) The base for the natural resources fund in fiscal year 2020 and later is $13,394,000. new text end

new text begin Subd. 5. new text end new text begin Parks and Trails Management new text end

new text begin 79,830,000 new text end

new text begin 81,100,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin General new text end	new text begin 25,057,000 new text end	new text begin 24,927,000 new text end
new text begin Natural Resources new text end	new text begin 52,500,000 new text end	new text begin 53,900,000 new text end
new text begin Game and Fish new text end	new text begin 2,273,000 new text end	new text begin 2,273,000 new text end

new text begin (a) $1,075,000 the first year and $1,075,000 the second year are from the water recreation account in the natural resources fund for enhancing and maintaining public water-access facilities. new text end

new text begin (b) $5,740,000 the first year and $5,740,000 the second year are from the natural resources fund for state trail, park, and recreation area operations. This appropriation is from the revenue deposited in the natural resources fund under Minnesota Statutes, section 297A.94, paragraph (e), clause (2). new text end

new text begin (c) $17,350,000 the first year and $17,750,000 the second year are from the state parks account in the natural resources fund for state park and state recreation area operation and maintenance. new text end

new text begin (d) $1,005,000 the first year and $1,005,000 the second year are from the natural resources fund for park and trail grants to local units of government on land to be maintained for at least 20 years for the purposes of the grants. This appropriation is from the revenue deposited in the natural resources fund under Minnesota Statutes, section 297A.94, paragraph (e), clause (4). Any unencumbered balance does not cancel at the end of the first year and is available for the second year. new text end

new text begin (e) $130,000 the first year is from the general fund, and $8,424,000 the first year and $9,624,000 the second year are from the snowmobile trails and enforcement account in the natural resources fund for the snowmobile grants-in-aid program. Any unencumbered balance does not cancel at the end of the first year and is available for the second year. new text end

new text begin (f) $1,835,000 the first year and $1,835,000 the second year are from the natural resources fund for the off-highway vehicle grants-in-aid program. Of this amount, $1,360,000 the first year and $1,360,000 the second year are from the all-terrain vehicle account; $150,000 each year is from the off-highway motorcycle account; and $325,000 each year is from the off-road vehicle account. Any unencumbered balance does not cancel at the end of the first year and is available for the second year. new text end

new text begin (g) $75,000 the first year and $75,000 the second year are from the cross-country ski account in the natural resources fund for grooming and maintaining cross-country ski trails in state parks, trails, and recreation areas. new text end

new text begin (h) $250,000 the first year and $250,000 the second year are from the state land and water conservation account in the natural resources fund for priorities established by the commissioner for eligible state projects and administrative and planning activities consistent with Minnesota Statutes, section 84.0264, and the federal Land and Water Conservation Fund Act. Any unencumbered balance does not cancel at the end of the first year and is available for the second year. new text end

new text begin (i) $150,000 the first year is from the all-terrain vehicle account in the natural resources fund for a grant to the city of Orr to predesign, design, and construct the Voyageur all-terrain vehicle trail system, including: new text end

new text begin (1) design of the alignment for phase I of the Voyageur all-terrain vehicle trail system and development of a preliminary phase II alignment; new text end

new text begin (2) completion of wetland delineation and wetland permitting; new text end

new text begin (3) completion of the engineering design and cost estimates for a snowmobile and off-highway vehicle bridge over the Vermilion River to establish a trail connection; and new text end

new text begin (4) completion of the master plan for the Voyageur all-terrain vehicle trail system. new text end

new text begin This is a onetime appropriation and is available until June 30, 2020. new text end

new text begin (j) $250,000 the first year and $250,000 the second year are from the general fund for matching grants for local parks and outdoor recreation areas under Minnesota Statutes, section 85.019, subdivision 2. new text end

new text begin (k) $250,000 the first year and $250,000 the second year are from the general fund for matching grants for local trail connections under Minnesota Statutes, section 85.019, subdivision 4c. new text end

new text begin (l) $50,000 the first year is from the all-terrain vehicle account in the natural resources fund for a grant to the city of Virginia to assist the Virginia Area All-Terrain Vehicle Club to plan, design, engineer, and permit a comprehensive all-terrain vehicle system in the Virginia area and to connect with the Iron Range Off-Highway Vehicle Recreation Area. This is a onetime appropriation and is available until June 30, 2020. new text end

new text begin Subd. 6. new text end new text begin Fish and Wildlife Management new text end

new text begin 68,207,000 new text end

new text begin 67,750,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin Natural Resources new text end	new text begin 1,912,000 new text end	new text begin 1,912,000 new text end
new text begin Game and Fish new text end	new text begin 66,295,000 new text end	new text begin 65,838,000 new text end

new text begin (a) $8,283,000 the first year and $8,386,000 the second year are from the heritage enhancement account in the game and fish fund only for activities specified in Minnesota Statutes, section 297A.94, paragraph (e), clause (1). Notwithstanding Minnesota Statutes, section 297A.94, five percent of this appropriation may be used for expanding hunter and angler recruitment and retention. new text end

new text begin (b) Notwithstanding Minnesota Statutes, section 297A.94, $30,000 the first year is from the heritage enhancement account in the game and fish fund for the commissioner of natural resources to contract with a private entity to search for a site to construct a world-class shooting range and club house for use by the Minnesota State High School League and for other regional, statewide, national, and international shooting events. The commissioner must provide public notice of the search, including making the public aware of the process through the Department of Natural Resources' media outlets, and solicit input on the location and building options for the facility. The siting search process must include a public process to determine if any business or individual is interested in donating land for the facility, anticipated to be at least 500 acres. The site search team must meet with interested third parties affected by or interested in the facility. The commissioner must submit a report with the results of the site search to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over environment and natural resources by March 1, 2018. This is a onetime appropriation. new text end

new text begin (c) Notwithstanding Minnesota Statutes, section 297A.94, $30,000 the first year is from the heritage enhancement account in the game and fish fund for a study of lead shot deposition on state lands. By March 1, 2018, the commissioner shall provide a report of the study to the chairs and ranking minority members of the legislative committees with jurisdiction over natural resources policy and finance. This is a onetime appropriation. new text end

new text begin (d) Notwithstanding Minnesota Statutes, section 297A.94, $500,000 the first year is from the heritage enhancement account in the game and fish fund for planning and emergency response to disease outbreaks in wildlife. This is a onetime appropriation and is available until June 30, 2019. new text end

new text begin Subd. 7. new text end new text begin Enforcement new text end

new text begin 40,879,000 new text end

new text begin 40,880,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin General new text end	new text begin 6,640,000 new text end	new text begin 6,640,000 new text end
new text begin Natural Resources new text end	new text begin 10,309,000 new text end	new text begin 10,309,000 new text end
new text begin Game and Fish new text end	new text begin 23,828,000 new text end	new text begin 23,828,000 new text end
new text begin Remediation new text end	new text begin 102,000 new text end	new text begin 103,000 new text end

new text begin (a) $1,718,000 the first year and $1,718,000 the second year are from the general fund for enforcement efforts to prevent the spread of aquatic invasive species. new text end

new text begin (b) $1,580,000 the first year and $1,580,000 the second year are from the heritage enhancement account in the game and fish fund for only the purposes specified in Minnesota Statutes, section 297A.94, paragraph (e), clause (1). new text end

new text begin (c) $1,082,000 the first year and $1,082,000 the second year are from the water recreation account in the natural resources fund for grants to counties for boat and water safety. Any unencumbered balance does not cancel at the end of the first year and is available for the second year. new text end

new text begin (d) $315,000 the first year and $315,000 the second year are from the snowmobile trails and enforcement account in the natural resources fund for grants to local law enforcement agencies for snowmobile enforcement activities. Any unencumbered balance does not cancel at the end of the first year and is available for the second year. new text end

new text begin (e) $250,000 the first year and $250,000 the second year are from the all-terrain vehicle account for grants to qualifying organizations to assist in safety and environmental education and monitoring trails on public lands under Minnesota Statutes, section 84.9011. Grants issued under this paragraph must be issued through a formal agreement with the organization. By December 15 each year, an organization receiving a grant under this paragraph shall report to the commissioner with details on expenditures and outcomes from the grant. Of this appropriation, $25,000 each year is for administration of these grants. Any unencumbered balance does not cancel at the end of the first year and is available for the second year. new text end

new text begin (f) $510,000 the first year and $510,000 the second year are from the natural resources fund for grants to county law enforcement agencies for off-highway vehicle enforcement and public education activities based on off-highway vehicle use in the county. Of this amount, $498,000 each year is from the all-terrain vehicle account; $11,000 each year is from the off-highway motorcycle account; and $1,000 each year is from the off-road vehicle account. The county enforcement agencies may use money received under this appropriation to make grants to other local enforcement agencies within the county that have a high concentration of off-highway vehicle use. Of this appropriation, $25,000 each year is for administration of these grants. Any unencumbered balance does not cancel at the end of the first year and is available for the second year. new text end

new text begin (g) $1,000,000 each year is for recruiting, training, and maintaining additional conservation officers. new text end

new text begin (h) The commissioner may hold a conservation officer academy if necessary. new text end

new text begin Subd. 8. new text end new text begin Operations Support new text end

new text begin 8,436,000 new text end

new text begin 12,157,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin General new text end	new text begin 4,169,000 new text end	new text begin 3,895,000 new text end
new text begin Natural Resources new text end	new text begin 1,591,000 new text end	new text begin 3,220,000 new text end
new text begin Game and Fish new text end	new text begin 2,676,000 new text end	new text begin 5,042,000 new text end

new text begin (a) $1,965,000 the first year is available for legal costs. Of this amount, up to $500,000 may be transferred to the Minnesota Pollution Control Agency. This is a onetime appropriation and is available until June 30, 2021. new text end

new text begin (b) $2,204,000 the first year and $3,895,000 the second year are from the general fund for agency operating adjustments. The commissioner shall make necessary adjustments to program appropriations in this article to distribute these funds. By September 1, 2017, the commissioner shall report to the chairs of the legislative committees with jurisdiction over environment and natural resources finance the distribution of funds and resulting base-level appropriations for each program. new text end

new text begin (c) $2,676,000 the first year and $5,042,000 the second year are from the game and fish fund for agency operating adjustments. The commissioner shall make necessary adjustments to program appropriations in this article to distribute these funds. By September 1, 2017, the commissioner shall report to the chairs of the legislative committees with jurisdiction over environment and natural resources finance the distribution of funds and resulting base-level appropriations for each program. new text end

new text begin (d) $1,591,000 the first year and $3,220,000 the second year are from the natural resources fund for agency operating adjustments. The commissioner shall make necessary adjustments to program appropriations in this article to distribute these funds. By September 1, 2017, the commissioner shall report to the chairs of the legislative committees with jurisdiction over environment and natural resources finance the distribution of funds and resulting base-level appropriations for each program. new text end

new text begin Subd. 9. new text end new text begin Pass Through Funds new text end

new text begin 320,000 new text end

new text begin 320,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin Natural Resources new text end	new text begin 320,000 new text end	new text begin 320,000 new text end

new text begin $320,000 the first year and $320,000 the second year are from the natural resources fund for grants to be divided equally between the city of St. Paul for the Como Park Zoo and Conservatory and the city of Duluth for the Duluth Zoo. This appropriation is from the revenue deposited to the natural resources fund under Minnesota Statutes, section 297A.94, paragraph (e), clause (5). new text end

new text begin Subd. 10. new text end new text begin Cancellation new text end

new text begin The remaining amount of the general fund appropriation in Laws 2016, chapter 189, article 3, section 3, subdivision 3, for a grant to the Koronis Lake Association, estimated to be $167,000, is canceled on June 30, 2017. new text end

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

Sec. 4. new text begin BOARD OF WATER AND SOIL RESOURCES new text end

new text begin $ new text end

new text begin 14,311,000 new text end

new text begin $ new text end

new text begin 14,164,000 new text end

new text begin (a) $3,423,000 the first year and $3,423,000 the second year are for natural resources block grants to local governments. Grants must be matched with a combination of local cash or in-kind contributions. The base grant portion related to water planning must be matched by an amount as specified by Minnesota Statutes, section 103B.3369. The board may reduce the amount of the natural resources block grant to a county by an amount equal to any reduction in the county's general services allocation to a soil and water conservation district from the county's previous year allocation when the board determines that the reduction was disproportionate. new text end

new text begin (b) $3,116,000 the first year and $3,116,000 the second year are for grants to soil and water conservation districts for the purposes of Minnesota Statutes, sections 103C.321 and 103C.331, and for general purposes, nonpoint engineering, and implementation and stewardship of the reinvest in Minnesota reserve program. Expenditures may be made from these appropriations for supplies and services benefiting soil and water conservation districts. Any district receiving a payment under this paragraph shall maintain a Web page that publishes, at a minimum, its annual report, annual audit, annual budget, and meeting notices. new text end

new text begin (c) $260,000 the first year and $260,000 the second year are for feedlot water quality cost share grants for feedlots under 300 animal units and nutrient and manure management projects in watersheds where there are impaired waters. new text end

new text begin (d) $1,200,000 the first year and $1,200,000 the second year are for soil and water conservation district cost-sharing contracts for perennially vegetated riparian buffers, erosion control, water retention and treatment, and other high-priority conservation practices. new text end

new text begin (e) $100,000 the first year and $100,000 the second year are for county cooperative weed management cost-share programs and to restore native plants in selected invasive species management sites. new text end

new text begin (f) $761,000 the first year and $761,000 the second year are for implementation, enforcement, and oversight of the Wetland Conservation Act, including administration of the wetland banking program and in-lieu fee mechanism. new text end

new text begin (g) $300,000 the first year is for improving the efficiency and effectiveness of Minnesota's wetland regulatory programs through continued examination of United States Clean Water Act section 404 assumption including negotiation of draft agreements with the United States Environmental Protection Agency and the United States Army Corps of Engineers, planning for an online permitting system, upgrading the existing wetland banking database, and developing an in-lieu fee wetland banking program as authorized by statute. This is a onetime appropriation. new text end

new text begin (h) $166,000 the first year and $166,000 the second year are to provide technical assistance to local drainage management officials and for the costs of the Drainage Work Group. The Board of Water and Soil Resources must coordinate the stakeholder drainage work group in accordance with Minnesota Statutes, section 103B.101, subdivision 13, to evaluate and make recommendations to accelerate drainage system acquisition and establishment of ditch buffer strips under Minnesota Statutes, chapter 103E, or compatible alternative practices required by Minnesota Statutes, section 103F.48. The evaluation and recommendations must be submitted in a report to the senate and house of representatives committees with jurisdiction over agriculture and environment policy by February 1, 2018. new text end

new text begin (i) $100,000 the first year and $100,000 the second year are for a grant to the Red River Basin Commission for water quality and floodplain management, including administration of programs. This appropriation must be matched by nonstate funds. If the appropriation in either year is insufficient, the appropriation in the other year is available for it. new text end

new text begin (j) $140,000 the first year and $140,000 the second year are for grants to Area II Minnesota River Basin Projects for floodplain management. new text end

new text begin (k) $125,000 the first year and $125,000 the second year are for conservation easement stewardship. new text end

new text begin (l) $240,000 the first year and $240,000 the second year are for a grant to the Lower Minnesota River Watershed District to defray the annual cost of operating and maintaining sites for dredge spoil to sustain the state, national, and international commercial and recreational navigation on the lower Minnesota River. new text end

new text begin (m) $4,380,000 the first year and $4,533,000 the second year are for Board of Water and Soil Resources agency administration and operations. new text end

new text begin (n) Notwithstanding Minnesota Statutes, section 103C.501, the board may shift cost-share funds in this section and may adjust the technical and administrative assistance portion of the grant funds to leverage federal or other nonstate funds or to address high-priority needs identified in local water management plans or comprehensive water management plans. new text end

new text begin (o) The appropriations for grants in this section are available until June 30, 2021, except returned grants are available for two years after they are returned. If an appropriation for grants in either year is insufficient, the appropriation in the other year is available for it. new text end

new text begin (p) Notwithstanding Minnesota Statutes, section 16B.97, the appropriations for grants in this section are exempt from Department of Administration, Office of Grants Management Policy 08-08 Grant Payments and 08-10 Grant Monitoring. new text end

Sec. 5. new text begin METROPOLITAN COUNCIL new text end

new text begin $ new text end

new text begin 8,540,000 new text end

new text begin $ new text end

new text begin 8,540,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin General new text end	new text begin 2,540,000 new text end	new text begin 2,540,000 new text end
new text begin Natural Resources new text end	new text begin 6,000,000 new text end	new text begin 6,000,000 new text end

new text begin (a) $2,540,000 the first year and $2,540,000 the second year are for metropolitan area regional parks operation and maintenance according to Minnesota Statutes, section 473.351. new text end

new text begin (b) $6,000,000 the first year and $6,000,000 the second year are from the natural resources fund for metropolitan area regional parks and trails maintenance and operations. This appropriation is from the revenue deposited in the natural resources fund under Minnesota Statutes, section 297A.94, paragraph (e), clause (3). new text end

Sec. 6. new text begin CONSERVATION CORPS MINNESOTA new text end

new text begin $ new text end

new text begin 945,000 new text end

new text begin $ new text end

new text begin 945,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin General new text end	new text begin 455,000 new text end	new text begin 455,000 new text end
new text begin Natural Resources new text end	new text begin 490,000 new text end	new text begin 490,000 new text end

new text begin Conservation Corps Minnesota may receive money appropriated from the natural resources fund under this section only as provided in an agreement with the commissioner of natural resources. new text end

Sec. 7. new text begin ZOOLOGICAL BOARD new text end

new text begin $ new text end

new text begin 9,227,000 new text end

new text begin $ new text end

new text begin 9,303,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2018 new text end	new text begin 2019 new text end
new text begin General new text end	new text begin 9,067,000 new text end	new text begin 9,143,000 new text end
new text begin Natural Resources new text end	new text begin 160,000 new text end	new text begin 160,000 new text end

new text begin $160,000 the first year and $160,000 the second year are from the natural resources fund from the revenue deposited under Minnesota Statutes, section 297A.94, paragraph (e), clause (5). new text end

Sec. 8. new text begin SCIENCE MUSEUM new text end

new text begin $ new text end

new text begin 1,079,000 new text end

new text begin $ new text end

new text begin 1,079,000 new text end

Sec. 9. new text begin ADMINISTRATION new text end

new text begin $ new text end

new text begin 800,000 new text end

new text begin $ new text end

new text begin 300,000 new text end

new text begin (a) $300,000 the first year and $300,000 the second year are from the state forest suspense account in the permanent school fund for the school trust lands director. This appropriation is to be used for securing long-term economic return from the school trust lands consistent with fiduciary responsibilities and sound natural resources conservation and management principles. new text end

new text begin (b) $500,000 the first year is from the state forest suspense account in the permanent school fund for the school trust lands director to initiate the private sale of surplus school trust lands identified according to Minnesota Statutes, section 92.82, paragraph (d), including but not limited to valuation expenses, legal fees, and transactional staff costs. This is a onetime appropriation and is available until June 30, 2019. new text end

Sec. 10. new text begin EXPLORE MINNESOTA TOURISM new text end

new text begin $ new text end

new text begin 15,684,000 new text end

new text begin $ new text end

new text begin 14,321,000 new text end

new text begin (a) To develop maximum private sector involvement in tourism, $500,000 the first year and $500,000 the second year must be matched by Explore Minnesota Tourism from nonstate sources. Each $1 of state incentive must be matched with $6 of private sector funding. Cash match is defined as revenue to the state or documented cash expenditures directly expended to support Explore Minnesota Tourism programs. Up to one-half of the private sector contribution may be in-kind or soft match. The incentive in fiscal year 2018 shall be based on fiscal year 2017 private sector contributions. The incentive in fiscal year 2019 shall be based on fiscal year 2018 private sector contributions. This incentive is ongoing. new text end

new text begin (b) Funding for the marketing grants is available either year of the biennium. Unexpended grant funds from the first year are available in the second year. new text end

new text begin (c) $100,000 each year is for a grant to the Northern Lights International Music Festival. new text end

new text begin (d) $900,000 the first year is for the major events grant program. This is a onetime appropriation and is available until June 30, 2021. new text end

new text begin (e) $500,000 the first year is for updating the board's Web site, developing digital content, and making system upgrades. This is a onetime appropriation and is available until June 30, 2019. new text end

Sec. 11. new text begin REVENUE new text end

new text begin $ new text end

new text begin 2,000,000 new text end

new text begin $ new text end

new text begin 2,000,000 new text end

new text begin $2,000,000 each year is for riparian protection aid payments under Minnesota Statutes, section 477A.21. Notwithstanding Minnesota Statutes, section 477A.21, subdivisions 3 and 4, the first year appropriation may be paid only to counties. Unexpended funds from the first year are available the second year. new text end

Sec. 12.

Laws 2016, chapter 189, article 3, section 6, is amended to read:

Sec. 6. ADMINISTRATION

$

250,000

$

-0-

$250,000 the first year is from the state forest suspense account in the permanent school fund for the school trust lands director to initiate real estate development projects on school trust lands as determined by the school trust lands director. This is a onetime appropriation new text begin and is available until June 30, 2019 new text end .

new text begin EFFECTIVE DATE. new text end

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

ARTICLE 2

ENVIRONMENT AND NATURAL RESOURCES STATUTORY CHANGES

Section 1.

Minnesota Statutes 2016, section 84.01, is amended by adding a subdivision to read:

new text begin Subd. 6. new text end

new text begin Legal counsel. new text end

new text begin The commissioner of natural resources may appoint attorneys or outside counsel to render title opinions, represent the department in severed mineral interest forfeiture actions brought pursuant to section 93.55, and, notwithstanding any statute to the contrary, represent the state in quiet title or title registration actions affecting land or interests in land administered by the commissioner. new text end

Sec. 2.

Minnesota Statutes 2016, section 84.027, subdivision 14a, is amended to read:

Subd. 14a.

Permitting efficiency new text begin ; public notice new text end .

(a) It is the goal of the state that environmental and resource management permits be issued or denied within 90 days for Tier 1 permits or 150 days for Tier 2 permits following submission of a permit application. The commissioner of natural resources shall establish management systems designed to achieve the goal.

(b) The commissioner shall prepare an annual permitting efficiency report that includes statistics on meeting the goal in paragraph (a) and the criteria for deleted text begin Tier 1 and deleted text end Tier 2 by permit categories. The report is due August 1 each year. For permit applications that have not met the goal, the report must state the reasons for not meeting the goal. In stating the reasons for not meeting the goal, the commissioner shall separately identify delays caused by the responsiveness of the proposer, lack of staff, scientific or technical disagreements, or the level of public engagement. The report must specify the number of days from initial submission of the application to the day of determination that the application is complete. The report must aggregate the data for the year and assess whether program or system changes are necessary to achieve the goal. The report must be posted on the department's Web site and submitted to the governor and the chairs and ranking minority members of the house of representatives and senate committees having jurisdiction over natural resources policy and finance.

(c) The commissioner shall allow electronic submission of environmental review and permit documents to the department.

(d) deleted text begin Beginning July 1, 2011, deleted text end Within 30 business days of application for a permit subject to paragraph (a), the commissioner of natural resources shall notify the deleted text begin project proposer deleted text end new text begin permit applicant new text end , in writing, whether the application is complete or incomplete. If the commissioner determines that an application is incomplete, the notice to the applicant must enumerate all deficiencies, citing specific provisions of the applicable rules and statutes, and advise the applicant on how the deficiencies can be remedied. If the commissioner determines that the application is complete, the notice must confirm the application's Tier 1 or Tier 2 permit status. new text begin If the commissioner believes that a complete application for a Tier 2 construction permit cannot be issued within the 150-day goal, the commissioner must provide notice to the applicant with the commissioner's notice that the application is complete and, upon request of the applicant, provide the permit applicant with a schedule estimating when the agency will begin drafting the permit and issue the public notice of the draft permit. new text end This paragraph does not apply to an application for a permit that is subject to a grant or loan agreement under chapter 446A.

new text begin (e) When public notice of a draft individual Tier 2 permit is required, the commissioner must provide the applicant a draft permit for review by the applicant within 30 days after determining the proposal conforms to all federal and state laws and rules, unless the permit applicant and the commissioner mutually agree to a different date. The commissioner must consider all comments submitted by the applicant before issuing the permit. new text end

Sec. 3.

Minnesota Statutes 2016, section 84.027, subdivision 14b, is amended to read:

Subd. 14b.

Expediting costs; reimbursement.

Permit applicants deleted text begin who wish to construct, reconstruct, modify, or operate a facility deleted text end needing any permit from the commissioner of natural resources new text begin to construct, reconstruct, or modify a project or to operate a facility new text end may offer to reimburse the department for the costs of staff time or consultant services needed to expedite the new text begin preapplication process and new text end permit development process new text begin through the final decision on the permit new text end , including the analysis of environmental review documents. The reimbursement shall be in addition to permit application fees imposed by law. When the commissioner determines that additional resources are needed to develop the permit application in an expedited manner, and that expediting the development is consistent with permitting program priorities, the commissioner may accept the reimbursement. new text begin The commissioner must give the permit applicant an estimate of costs for the expedited service to be incurred by the commissioner. The estimate must include a brief description of the tasks to be performed, a schedule for completing the tasks, and the estimated cost for each task. The proposer and the commissioner shall enter into a written agreement detailing the estimated costs for the expedited service to be incurred by the department. The agreement must also identify staff anticipated to be assigned to the project. The commissioner must not issue a permit until the applicant has paid all fees in full. The commissioner must refund any unobligated balance of fees paid. new text end Reimbursements accepted by the commissioner are appropriated to the commissioner for the purpose of developing the permit or analyzing environmental review documents. Reimbursement by a permit applicant shall precede and not be contingent upon issuance of a permit; shall not affect the commissioner's decision on whether to issue or deny a permit, what conditions are included in a permit, or the application of state and federal statutes and rules governing permit determinations; and shall not affect final decisions regarding environmental review.

Sec. 4.

Minnesota Statutes 2016, section 84.788, subdivision 2, is amended to read:

Subd. 2.

Exemptions.

Registration is not required for off-highway motorcycles:

(1) owned and used by the United States, an Indian tribal government, the state, another state, or a political subdivision;

(2) registered in another state or country that have not been within this state for more than 30 consecutive days;

(3) registered under chapter 168, when operated on forest roads to gain access to a state forest campground;

(4) used exclusively in organized track racing events;

(5) operated on state or grant-in-aid trails by a nonresident possessing a nonresident off-highway motorcycle state trail pass; deleted text begin or deleted text end

(6) operated by a person participating in an event for which the commissioner has issued a special use permit deleted text begin . deleted text end new text begin ; or new text end

new text begin (7) operated on boundary trails and registered in another state or country providing equal reciprocal registration or licensing exemptions for registrants of this state. new text end

Sec. 5.

Minnesota Statutes 2016, section 84.793, subdivision 1, is amended to read:

Subdivision 1.

Prohibitions on youthful operators.

(a) A person new text begin six years or older but new text end less than 16 years of age operating an off-highway motorcycle on public lands or waters must possess a valid off-highway motorcycle safety certificate issued by the commissioner.

(b) Except for operation on public road rights-of-way that is permitted under section 84.795, subdivision 1, a driver's license issued by the state or another state is required to operate an off-highway motorcycle along or on a public road right-of-way.

(c) A person under 12 years of age may not:

(1) make a direct crossing of a public road right-of-way;

(2) operate an off-highway motorcycle on a public road right-of-way in the state; or

(3) operate an off-highway motorcycle on public lands or waters unless accompanied by a person 18 years of age or older or participating in an event for which the commissioner has issued a special use permit.

(d) Except for public road rights-of-way of interstate highways, a person less than 16 years of age may make a direct crossing of a public road right-of-way of a trunk, county state-aid, or county highway only if that person is accompanied by a person 18 years of age or older who holds a valid driver's license.

(e) A person less than 16 years of age may operate an off-highway motorcycle on public road rights-of-way in accordance with section 84.795, subdivision 1, paragraph (a), only if that person is accompanied by a person 18 years of age or older who holds a valid driver's license.

(f) Notwithstanding paragraph (a), a nonresident less than 16 years of age may operate an off-highway motorcycle on public lands or waters if the nonresident youth has in possession evidence of completing an off-road safety course offered by the Motorcycle Safety Foundation or another state as provided in section 84.791, subdivision 4.

Sec. 6.

Minnesota Statutes 2016, section 84.8031, is amended to read:

84.8031 GRANT-IN-AID APPLICATIONS; REVIEW PERIOD.

The commissioner must review an off-road vehicle grant-in-aid application and, if approved, deleted text begin commence deleted text end new text begin begin new text end public review of the application within 60 days after the completed application has been locally approved and submitted to an area parks and trails office. If the commissioner fails to approve or deny the application within 60 days after submission, the application is deemed approved and the commissioner must provide for a 30-day public review period. new text begin If the commissioner denies an application, the commissioner must provide the applicant with a written explanation for denying the application at the time the applicant is notified of the denial. new text end

Sec. 7.

Minnesota Statutes 2016, section 84.82, subdivision 2, is amended to read:

Subd. 2.

Application, issuance, issuing fee.

(a) Application for registration or reregistration shall be made to the commissioner or an authorized deputy registrar of motor vehicles in a format prescribed by the commissioner and shall state the legal name and address of every owner of the snowmobile.

(b) A person who purchases a snowmobile from a retail dealer shall make application for registration to the dealer at the point of sale. The dealer shall issue a dealer temporary 21-day registration permit to each purchaser who applies to the dealer for registration. The temporary permit must contain the dealer's identification number and phone number. Each retail dealer shall submit completed registration and fees to the deputy registrar at least once a week. No fee may be charged by a dealer to a purchaser for providing the temporary permit.

(c) Upon receipt of the application and the appropriate fee, the commissioner or deputy registrar shall issue to the applicant, or provide to the dealer, an assigned registration number or a commissioner or deputy registrar temporary 21-day permit. Once issued, the registration number must be affixed to the snowmobile in a clearly visible and permanent manner for enforcement purposes as the commissioner of natural resources shall prescribe. A dealer subject to paragraph (b) shall provide the registration materials or temporary permit to the purchaser within the temporary 21-day permit period. The registration is not valid unless signed by at least one owner.

(d) Each deputy registrar of motor vehicles acting pursuant to section 168.33, shall also be a deputy registrar of snowmobiles. The commissioner of natural resources in agreement with the commissioner of public safety may prescribe the accounting and procedural requirements necessary to assure efficient handling of registrations and registration fees. Deputy registrars shall strictly comply with these accounting and procedural requirements.

(e) deleted text begin A fee of $2 deleted text end In addition to deleted text begin that otherwise deleted text end new text begin other fees new text end prescribed by law deleted text begin shall be charged for deleted text end new text begin , an issuing fee of $4.50 is charged for each snowmobile registration renewal, duplicate or replacement registration card, and replacement decal and an issuing fee of $7 is charged for each snowmobile registration and registration transfer issued by new text end :

(1) deleted text begin each snowmobile registered by the deleted text end new text begin a new text end registrar or a deputy registrar and deleted text begin the additional fee shall be disposed of deleted text end new text begin must be deposited new text end in the manner provided in section 168.33, subdivision 2; or

(2) deleted text begin each snowmobile registered by deleted text end the commissioner and deleted text begin the additional fee shall deleted text end new text begin must new text end be deposited in the state treasury and credited to the snowmobile trails and enforcement account in the natural resources fund.

Sec. 8.

Minnesota Statutes 2016, section 84.82, subdivision 3, is amended to read:

Subd. 3.

Fees for registration.

(a) The fee for registration of each snowmobile, other than those used for an agricultural purpose, as defined in section 84.92, subdivision 1c, those registered by a dealer or manufacturer pursuant to paragraph (b) or (c), or those registered under subdivision 2a shall be as follows: deleted text begin $75 deleted text end new text begin $105 new text end for three years and $10 for a duplicate or transfer.

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

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

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

Sec. 9.

Minnesota Statutes 2016, section 84.8205, subdivision 1, is amended to read:

Subdivision 1.

Sticker required; fee.

(a) A snowmobile that is not registered in the state under section 84.82, subdivision 3, paragraph (a), or that is registered by a manufacturer or dealer under section 84.82, subdivision 3, paragraph (b) or (c), may not be operated on a state or grant-in-aid snowmobile trail unless a snowmobile state trail sticker is affixed to the snowmobile.

(b) The commissioner of natural resources shall issue a sticker upon application and payment of a fee. The fee is:

(1) deleted text begin $35 deleted text end new text begin $50 new text end for a one-year snowmobile state trail sticker purchased by an individual; and

(2) $15 for a one-year snowmobile state trail sticker purchased by a dealer or manufacturer.

(c) In addition to other penalties prescribed by law, an individual in violation of this subdivision must purchase an annual state trail sticker for a fee of $70. The sticker is valid from November 1 through June 30. Fees collected under this section, except for the issuing fee for licensing agents, shall be deposited in the state treasury and credited to the snowmobile trails and enforcement account in the natural resources fund and, except for the electronic licensing system commission established by the commissioner under section 84.027, subdivision 15, must be used for grants-in-aid, trail maintenance, grooming, and easement acquisition.

(d) A state trail sticker is not required under this section for:

(1) a snowmobile that is owned and used by the United States, an Indian tribal government, another state, or a political subdivision thereof that is exempt from registration under section 84.82, subdivision 6;

(2) a collector snowmobile that is operated as provided in a special permit issued for the collector snowmobile under section 84.82, subdivision 7a;

(3) a person operating a snowmobile only on the portion of a trail that is owned by the person or the person's spouse, child, or parent; or

(4) a snowmobile while being used to groom a state or grant-in-aid trail.

Sec. 10.

Minnesota Statutes 2016, section 84.922, subdivision 5, is amended to read:

Subd. 5.

Fees for registration.

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

(1) for public use, deleted text begin $45 deleted text end new text begin $60 new text end ;

(2) for private use, $6; and

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

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

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

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

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

Sec. 11.

Minnesota Statutes 2016, section 84.925, subdivision 1, is amended to read:

Subdivision 1.

Program established.

(a) The commissioner shall establish a comprehensive all-terrain vehicle environmental and safety education and training program, including the preparation and dissemination of vehicle information and safety advice to the public, the training of all-terrain vehicle operators, and the issuance of all-terrain vehicle safety certificates to vehicle operators over the age of 12 years who successfully complete the all-terrain vehicle environmental and safety education and training course. new text begin A parent or guardian must be present at the hands-on training portion of the program for youth who are six through ten years of age. new text end

(b) For the purpose of administering the program and to defray the expenses of training and certifying vehicle operators, the commissioner shall collect a fee from each person who receives the training. The commissioner shall collect a fee, to include a $1 issuing fee for licensing agents, for issuing a duplicate all-terrain vehicle safety certificate. The commissioner shall establish both fees in a manner that neither significantly overrecovers nor underrecovers costs, including overhead costs, involved in providing the services. The fees are not subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply. The fees may be established by the commissioner notwithstanding section 16A.1283. Fee proceeds, except for the issuing fee for licensing agents under this subdivision, shall be deposited in the all-terrain vehicle account in the natural resources fund and the amount thereof, except for the electronic licensing system commission established by the commissioner under section 84.027, subdivision 15, and issuing fees collected by the commissioner, is appropriated annually to the Enforcement Division of the Department of Natural Resources for the administration of the programs. In addition to the fee established by the commissioner, instructors may charge each person up to the established fee amount for class materials and expenses.

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

Sec. 12.

Minnesota Statutes 2016, section 84.9256, subdivision 1, is amended to read:

Subdivision 1.

Prohibitions on youthful operators.

(a) Except for operation on public road rights-of-way that is permitted under section 84.928 and as provided under paragraph (j), a driver's license issued by the state or another state is required to operate an all-terrain vehicle along or on a public road right-of-way.

(b) A person under 12 years of age shall not:

(1) make a direct crossing of a public road right-of-way;

(2) operate an all-terrain vehicle on a public road right-of-way in the state; or

(3) operate an all-terrain vehicle on public lands or waters, except as provided in paragraph (f).

(c) Except for public road rights-of-way of interstate highways, a person 12 years of age but less than 16 years may make a direct crossing of a public road right-of-way of a trunk, county state-aid, or county highway or operate on public lands and waters or state or grant-in-aid trails, only if that person possesses a valid all-terrain vehicle safety certificate issued by the commissioner and is accompanied by a person 18 years of age or older who holds a valid driver's license.

(d) To be issued an all-terrain vehicle safety certificate, a person at least 12 years old, but less than 16 years old, must:

(1) successfully complete the safety education and training program under section 84.925, subdivision 1, including a riding component; and

(2) be able to properly reach and control the handle bars and reach the foot pegs while sitting upright on the seat of the all-terrain vehicle.

(e) A person at least deleted text begin 11 deleted text end new text begin six new text end years of age may take the safety education and training program and may receive an all-terrain vehicle safety certificate under paragraph (d), but the certificate is not valid until the person reaches age 12.

(f) A person at least ten years of age but under 12 years of age may operate an all-terrain vehicle with an engine capacity up to deleted text begin 90cc deleted text end new text begin 110cc if the vehicle is a class 1 all-terrain vehicle with straddle-style seating or up to 170cc if the vehicle is a class 1 all-terrain vehicle with side-by-side-style seating new text end on public lands or waters if accompanied by a parent or legal guardian.

(g) A person under 15 years of age shall not operate a class 2 all-terrain vehicle.

(h) A person under the age of 16 may not operate an all-terrain vehicle on public lands or waters or on state or grant-in-aid trails if the person cannot properly reach and control new text begin : new text end

new text begin (1) new text end the handle bars and reach the foot pegs while sitting upright on the seat of the all-terrain vehicle new text begin with straddle-style seating; or new text end

new text begin (2) the steering wheel and foot controls of a class 1 all-terrain vehicle with side-by-side-style seating while sitting upright in the seat with the seat belt fully engaged new text end .

(i) Notwithstanding paragraph (c), a nonresident at least 12 years old, but less than 16 years old, may make a direct crossing of a public road right-of-way of a trunk, county state-aid, or county highway or operate an all-terrain vehicle on public lands and waters or state or grant-in-aid trails if:

(1) the nonresident youth has in possession evidence of completing an all-terrain safety course offered by the ATV Safety Institute or another state as provided in section 84.925, subdivision 3; and

(2) the nonresident youth is accompanied by a person 18 years of age or older who holds a valid driver's license.

(j) A person 12 years of age but less than 16 years of age may operate an all-terrain vehicle on the roadway, bank, slope, or ditch of a public road right-of-way as permitted under section 84.928 if the person:

(1) possesses a valid all-terrain vehicle safety certificate issued by the commissioner; and

(2) is accompanied by a parent or legal guardian on a separate all-terrain vehicle.

Sec. 13.

Minnesota Statutes 2016, section 84.9256, subdivision 2, is amended to read:

Subd. 2.

Helmet and seat belts required.

(a) A person less than 18 years of age shall not ride as a passenger or as an operator of an all-terrain vehicle on public land, public waters, or on a public road right-of-way unless wearing a safety helmet approved by the commissioner of public safety.

(b) A person less than 18 years of age shall not ride as a passenger or as an operator of deleted text begin a class 2 deleted text end new text begin an new text end all-terrain vehicle without wearing a seat belt when provided by the manufacturer.

Sec. 14.

Minnesota Statutes 2016, section 84.9275, subdivision 1, is amended to read:

Subdivision 1.

Pass required; fee.

(a) A tribal member exempt from registration under section 84.922, subdivision 1a, clause (2), or a nonresident may not operate an all-terrain vehicle on a state or grant-in-aid all-terrain vehicle trail unless the operator carries a valid nonresident all-terrain vehicle state trail pass in immediate possession. The pass must be available for inspection by a peace officer, a conservation officer, or an employee designated under section 84.0835.

(b) The commissioner of natural resources shall issue a pass upon application and payment of a deleted text begin $20 deleted text end new text begin $30 new text end fee. The pass is valid from January 1 through December 31. Fees collected under this section, except for the issuing fee for licensing agents, shall be deposited in the state treasury and credited to the all-terrain vehicle account in the natural resources fund and, except for the electronic licensing system commission established by the commissioner under section 84.027, subdivision 15, must be used for grants-in-aid to counties and municipalities for all-terrain vehicle organizations to construct and maintain all-terrain vehicle trails and use areas.

(c) A nonresident all-terrain vehicle state trail pass is not required for:

(1) an all-terrain vehicle that is owned and used by the United States, another state, or a political subdivision thereof that is exempt from registration under section 84.922, subdivision 1a;

(2) a person operating an all-terrain vehicle only on the portion of a trail that is owned by the person or the person's spouse, child, or parent; or

(3) a nonresident operating an all-terrain vehicle that is registered according to section 84.922.

Sec. 15.

Minnesota Statutes 2016, section 84.946, subdivision 2, is amended to read:

Subd. 2.

Standards.

(a) An appropriation for asset preservation may be used only for a capital expenditure on a capital asset previously owned by the state, within the meaning of generally accepted accounting principles as applied to public expenditures. The commissioner of natural resources will consult with the commissioner of management and budget to the extent necessary to ensure this and will furnish the commissioner of management and budget a list of projects to be financed from the account in order of their priority. The legislature assumes that many projects for preservation and replacement of portions of existing capital assets will constitute betterments and capital improvements within the meaning of the Constitution and capital expenditures under generally accepted accounting principles, and will be financed more efficiently and economically under this section than by direct appropriations for specific projects.

(b) An appropriation for asset preservation must not be used to acquire land or to acquire or construct buildings or other facilities.

(c) Capital budget expenditures for natural resource asset preservation and replacement projects must be for one or more of the following types of capital projects that support the existing programmatic mission of the department: code compliance including health and safety, Americans with Disabilities Act requirements, hazardous material abatement, access improvement, or air quality improvement; building energy efficiency improvements using current best practices; building or infrastructure repairs necessary to preserve the interior and exterior of existing buildings; new text begin projects to remove life safety hazards such as building code violations or structural defects; new text end or renovation of other existing improvements to land, including but not limited to trails and bridges.

(d) Up to ten percent of an appropriation awarded under this section may be used for design costs for projects eligible to be funded from this account in anticipation of future funding from the account.

Sec. 16.

Minnesota Statutes 2016, section 84.946, is amended by adding a subdivision to read:

new text begin Subd. 4. new text end

new text begin Priorities; report. new text end

new text begin The commissioner of natural resources must establish priorities for natural resource asset preservation and replacement projects. By January 15 each year, the commissioner must submit to the commissioner of management and budget a list of the projects that have been paid for with money from a natural resource asset preservation and replacement appropriation during the preceding calendar year. new text end

Sec. 17.

Minnesota Statutes 2016, section 84.992, subdivision 3, is amended to read:

Subd. 3.

Training and mentoring.

The commissioner must develop and implement a training program that adequately prepares Minnesota Naturalist Corps members for the tasks assigned. Each corps member deleted text begin shall be deleted text end new text begin is new text end assigned deleted text begin a state park deleted text end new text begin an interpretive new text end naturalist as a mentor.

Sec. 18.

Minnesota Statutes 2016, section 84.992, subdivision 4, is amended to read:

Subd. 4.

Uniform deleted text begin patch deleted text end new text begin pin new text end .

Uniforms worn by members of the Minnesota Naturalist Corps must have a deleted text begin patch deleted text end new text begin pin new text end that includes the name of the Minnesota Naturalist Corps and information that the program is funded by the clean water, land, and legacy amendment to the Minnesota Constitution adopted by the voters in November 2008.

Sec. 19.

Minnesota Statutes 2016, section 84.992, subdivision 5, is amended to read:

Subd. 5.

Eligibility.

A person is eligible to enroll in the Minnesota Naturalist Corps if the person:

(1) is a permanent resident of the state;

(2) is a participant in an approved college internship program deleted text begin or has a postsecondary degree deleted text end in a new text begin field related to new text end natural deleted text begin resource deleted text end new text begin resources, cultural history, interpretation, new text end or conservation deleted text begin related field deleted text end ; and

(3) has completed at least one year of postsecondary education.

Sec. 20.

Minnesota Statutes 2016, section 84.992, subdivision 6, is amended to read:

Subd. 6.

Corps member status.

Minnesota Naturalist Corps members are not eligible for unemployment benefits deleted text begin if their services are excluded under section 268.035, subdivision 20, deleted text end and are not eligible for other benefits except workers' compensation. The corps members are not employees of the state within the meaning of section 43A.02, subdivision 21.

Sec. 21.

Minnesota Statutes 2016, section 84D.03, subdivision 3, is amended to read:

Subd. 3.

Bait harvest from infested waters.

(a) Taking wild animals from infested waters for bait or aquatic farm purposes is prohibited, except as provided in paragraph (b), (c), or (d), and section 97C.341.

(b) In waters that are listed as infested waters, except those listed as infested with prohibited invasive species of fish or certifiable diseases of fish, as defined under section 17.4982, subdivision 6, taking wild animals may be permitted for:

(1) commercial taking of wild animals for bait and aquatic farm purposes as provided in a permit issued under section 84D.11, subject to rules adopted by the commissioner; and

(2) bait purposes for noncommercial personal use in waters that contain Eurasian watermilfoil, when the infested waters are listed solely because they contain Eurasian watermilfoil and if the equipment for taking is limited to cylindrical minnow traps not exceeding 16 inches in diameter and 32 inches in length.

(c) In streams or rivers that are listed as infested waters, except those listed as infested with certifiable diseases of fish, as defined under section 17.4982, subdivision 6, the harvest of bullheads, goldeyes, mooneyes, sheepshead (freshwater drum), and suckers for bait by hook and line for noncommercial personal use is allowed as follows:

(1) fish taken under this paragraph must be used on the same body of water where caught and while still on that water body. Where the river or stream is divided by barriers such as dams, the fish must be caught and used on the same section of the river or stream;

(2) fish taken under this paragraph may not be transported live from or off the water body;

(3) fish harvested under this paragraph may only be used in accordance with this section;

(4) any other use of wild animals used for bait from infested waters is prohibited;

(5) fish taken under this paragraph must meet all other size restrictions and requirements as established in rules; and

(6) all species listed under this paragraph shall be included in the person's daily limit as established in rules, if applicable.

(d) In the Mississippi River downstream of St. Anthony Falls and the St. Croix River downstream of the dam at Taylors Falls, including portions described as Minnesota-Wisconsin boundary waters in Minnesota Rules, part 6266.0500, subpart 1, items A and B, the harvest of gizzard shad by cast net for noncommercial personal use as bait for angling, as provided in a permit issued under section 84D.11, is allowed as follows:

(1) nontarget species must immediately be returned to the water;

(2) gizzard shad taken under this paragraph must be used on the same body of water where caught and while still on that water body. Where the river is divided by barriers such as dams, the gizzard shad must be caught and used on the same section of the river;

(3) gizzard shad taken under this paragraph may not be transported off the water body; and

(4) gizzard shad harvested under this paragraph may only be used in accordance with this section.

This paragraph expires December 1, 2017.

(e) Equipment authorized for minnow harvest in a listed infested water by permit issued under paragraph (b) may not be transported to, or used in, any waters other than waters specified in the permit.

new text begin (f) Bait intended for sale may not be held in infested water after taking and before sale, unless authorized under a license or permit according to Minnesota Rules, part 6216.0500. new text end

Sec. 22.

Minnesota Statutes 2016, section 84D.03, subdivision 4, is amended to read:

Subd. 4.

Commercial fishing and turtle, frog, and crayfish harvesting restrictions in infested and noninfested waters.

(a) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in an infested water that is listed because it contains invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982, deleted text begin may not be used in any other waters. If a commercial licensee operates in an infested water listed because it contains invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982, all nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in waters listed as infested with invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982, deleted text end must be tagged with tags provided by the commissioner, as specified in the commercial licensee's license or permit. new text begin Tagged gear must not be used in water bodies other than those specified in the license or permit. The permit may authorize department staff to remove tags after the gear is decontaminated. new text end This tagging requirement does not apply to commercial fishing equipment used in Lake Superior.

(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in an infested water that is listed solely because it contains Eurasian watermilfoil must be dried for a minimum of ten days or frozen for a minimum of two days before they are used in any other waters, except as provided in this paragraph. Commercial licensees must notify the department's regional or area fisheries office or a conservation officer before removing nets or equipment from an infested water listed solely because it contains Eurasian watermilfoil and before resetting those nets or equipment in any other waters. Upon notification, the commissioner may authorize a commercial licensee to move nets or equipment to another water without freezing or drying, if that water is listed as infested solely because it contains Eurasian watermilfoil.

(c) A commercial licensee must remove all aquatic macrophytes from nets and other equipment before placing the equipment into waters of the state.

(d) The commissioner shall provide a commercial licensee with a current listing of listed infested waters at the time that a license or permit is issued.

Sec. 23.

Minnesota Statutes 2016, section 84D.04, subdivision 1, is amended to read:

Subdivision 1.

Classes.

The commissioner shall, as provided in this chapter, classify nonnative species of aquatic plants and wild animals new text begin , including subspecies, genotypes, cultivars, hybrids, or genera of nonnative species, new text end according to the following categories:

(1) prohibited invasive species, which may not be possessed, imported, purchased, sold, propagated, transported, or introduced except as provided in section 84D.05;

(2) regulated invasive species, which may not be introduced except as provided in section 84D.07;

(3) unlisted nonnative species, which are subject to the classification procedure in section 84D.06; and

(4) unregulated nonnative species, which are not subject to regulation under this chapter.

Sec. 24.

Minnesota Statutes 2016, section 84D.05, subdivision 1, is amended to read:

Subdivision 1.

Prohibited activities.

A person may not possess, import, purchase, sell, propagate, transport, or introduce a prohibited invasive species, except:

(1) under a permit issued by the commissioner under section 84D.11;

(2) in the case of purple loosestrife, as provided by sections 18.75 to 18.88;

(3) under a restricted species permit issued under section 17.457;

(4) when being transported to the department, or another destination as the commissioner may direct, in a sealed container for purposes of identifying the species or reporting the presence of the species;

(5) when being transported for disposal as part of a harvest or control activity when specifically authorized under a permit issued by the commissioner according to section 103G.615, when being transported for disposal as specified under a commercial fishing license issued by the commissioner according to section 97A.418, 97C.801, 97C.811, 97C.825, 97C.831, or 97C.835, or when being transported as specified by the commissioner;

(6) when being removed from watercraft and equipment, or caught while angling, and immediately returned to the water from which they came; deleted text begin or deleted text end

new text begin (7) when being transported from riparian property to a legal disposal site that is at least 100 feet from any surface water, ditch, or seasonally flooded land, provided the prohibited invasive species are in a covered commercial vehicle specifically designed and used for hauling trash; or new text end

deleted text begin (7) deleted text end new text begin (8) new text end as the commissioner may otherwise prescribe by rule.

Sec. 25.

Minnesota Statutes 2016, section 84D.108, subdivision 2a, is amended to read:

Subd. 2a.

Lake Minnetonka pilot study.

(a) The commissioner may issue an additional permit to service providers to return to Lake Minnetonka water-related equipment with zebra mussels attached after the equipment has been seasonally stored, serviced, or repaired. The permit must include verification and documentation requirements and any other conditions the commissioner deems necessary.

(b) Water-related equipment with zebra mussels attached may be returned only to Lake Minnetonka (DNR Division of Waters number 27-0133) by service providers permitted under subdivision 1.

(c) The service provider's place of business must be within the Lake Minnetonka Conservation District as established according to sections 103B.601 to 103B.645 new text begin or within a municipality immediately bordering the Lake Minnetonka Conservation District's boundaries new text end .

(d) A service provider applying for a permit under this subdivision must, if approved for a permit and before the permit is valid, furnish a corporate surety bond in favor of the state for $50,000 payable upon violation of this chapter new text begin while the service provider is acting under a permit issued according to this subdivision new text end .

(e) This subdivision expires December 1, deleted text begin 2018 deleted text end new text begin 2019 new text end .

Sec. 26.

Minnesota Statutes 2016, section 84D.108, is amended by adding a subdivision to read:

new text begin Subd. 2b. new text end

new text begin Gull Lake pilot study. new text end

new text begin (a) The commissioner may include an additional targeted pilot study to include water-related equipment with zebra mussels attached for the Gull Narrows State Water Access Site, Government Point State Water Access Site, and Gull East State Water Access Site on Gull Lake (DNR Division of Waters number 11-0305) in Cass and Crow Wing Counties using the same authorities, general procedures, and requirements provided for the Lake Minnetonka pilot project in subdivision 2a. Lake service providers participating in the Gull Lake targeted pilot study place of business must be located in Cass or Crow Wing County. new text end

new text begin (b) If an additional targeted pilot project for Gull Lake is implemented under this section, the report to the chairs and ranking minority members of the senate and house of representatives committees having jurisdiction over natural resources required under Laws 2016, chapter 189, article 3, section 48, must also include the Gull Lake targeted pilot study recommendations and assessments. new text end

new text begin (c) This subdivision expires December 1, 2019. new text end

Sec. 27.

Minnesota Statutes 2016, section 84D.108, is amended by adding a subdivision to read:

new text begin Subd. 2c. new text end

new text begin Cross Lake pilot study. new text end

new text begin (a) The commissioner may include an additional targeted pilot study to include water-related equipment with zebra mussels attached for the Cross Lake #1 State Water Access Site on Cross Lake (DNR Division of Waters number 18-0312) in Crow Wing County using the same authorities, general procedures, and requirements provided for the Lake Minnetonka pilot project in subdivision 2a. The place of business of lake service providers participating in the Cross Lake targeted pilot study must be located in Cass or Crow Wing County. new text end

new text begin (b) If an additional targeted pilot project for Cross Lake is implemented under this section, the report to the chairs and ranking minority members of the senate and house of representatives committees having jurisdiction over natural resources required under Laws 2016, chapter 189, article 3, section 48, must also include the Cross Lake targeted pilot study recommendations and assessments. new text end

new text begin (c) This subdivision expires December 1, 2019. new text end

Sec. 28.

Minnesota Statutes 2016, section 84D.11, is amended by adding a subdivision to read:

new text begin Subd. 1a. new text end

new text begin Permit for invasive carp. new text end

new text begin The commissioner may issue a permit to departmental divisions for tagging bighead, black, grass, or silver carp for research or control. Under the permit, the carp may be released into the water body from which the carp was captured. This subdivision expires December 31, 2021. new text end

Sec. 29.

new text begin [85.0507] FORT RIDGELY GOLF COURSE; GOLF CARTS. new text end

new text begin The commissioner may by contract, concession agreement, or lease, authorize the use of golf carts on the golf course at Fort Ridgely State Park. new text end

Sec. 30.

Minnesota Statutes 2016, section 85.052, subdivision 1, is amended to read:

Subdivision 1.

Authority to establish.

(a) The commissioner may establish, by written order, provisions for the use of state parks for the following:

(1) special parking space for automobiles or other motor-driven vehicles in a state park or state recreation area;

(2) special parking spurs, campgrounds for automobiles, sites for tent camping, new text begin other types of lodging, camping, or day use facilities, new text end and special auto trailer coach parking spaces, for the use of the individual charged for the space new text begin or facility new text end ;

(3) improvement and maintenance of golf courses already established in state parks, and charging reasonable use fees; and

(4) providing water, sewer, and electric service to trailer or tent campsites and charging a reasonable use fee.

(b) Provisions established under paragraph (a) are exempt from section 16A.1283 and the rulemaking provisions of chapter 14. Section 14.386 does not apply.

new text begin (c) For the purposes of this subdivision, "lodging" means an enclosed shelter, room, or building with furnishings for overnight use. new text end

Sec. 31.

Minnesota Statutes 2016, section 85.053, subdivision 8, is amended to read:

Subd. 8.

new text begin Free permit; new text end military personnel deleted text begin ; exemption deleted text end .

(a) deleted text begin A one-day permit, deleted text end new text begin Annual permits new text end under subdivision deleted text begin 4, shall deleted text end new text begin 1 must new text end be issued without a fee deleted text begin for a motor vehicle being used by a person who is serving in deleted text end new text begin to new text end active military deleted text begin service deleted text end new text begin personnel new text end in any branch or unit of the United States armed forces deleted text begin and who is stationed outside Minnesota, during the period of active service and for 90 days immediately thereafter, if the deleted text end new text begin or their dependents and to recipients of a Purple Heart medal. To qualify for a free permit under this subdivision, a new text end person deleted text begin presents the person's current military orders deleted text end new text begin must present qualifying military identification or an annual pass for the United States military issued through the National Parks and Federal Recreational Lands Pass program new text end to the park attendant on duty or other designee of the commissioner.

(b) For purposes of this deleted text begin section, "active service" has the meaning given under section 190.05, subdivision 5c, when performed outside Minnesota deleted text end new text begin subdivision, the commissioner shall establish what constitutes qualifying military identification in the State Register new text end .

(c) deleted text begin A permit is not required for a motor vehicle being used by military personnel or their dependents who have in their possession the annual pass for United States military and their dependents issued by the federal government for access to federal recreation sites deleted text end new text begin For vehicles permitted under paragraph (a), the permit or decal issued under this subdivision is valid only when displayed on a vehicle owned and occupied by the person to whom the permit is issued new text end .

new text begin (d) The commissioner may issue a daily vehicle permit free of charge to an individual who qualifies under paragraph (a) and does not own or operate a motor vehicle. new text end

Sec. 32.

Minnesota Statutes 2016, section 85.053, subdivision 10, is amended to read:

Subd. 10.

Free deleted text begin entrance deleted text end new text begin permit new text end ; disabled veterans.

new text begin (a) new text end The commissioner shall issue an annual park permit for no charge to any veteran deleted text begin with a total and permanent service-connected disability, and a daily park permit to any resident veteran deleted text end with any level of service-connected disability, as determined by the United States Department of Veterans Affairs, who presents each year a copy of the veteran's determination letter new text begin or other official form of validation issued by the United States Department of Veterans Affairs or the United States Department of Defense new text end to a park attendant or commissioner's designee. For the purposes of this deleted text begin section deleted text end new text begin subdivision new text end , "veteran" has the meaning given in section 197.447.

new text begin (b) For vehicles permitted under paragraph (a), the permit or decal issued under this subdivision is valid only when displayed on a vehicle owned and occupied by the person to whom the permit is issued. new text end

new text begin (c) The commissioner may issue a daily vehicle permit free of charge to an individual who qualifies under paragraph (a) and does not own or operate a motor vehicle. new text end

Sec. 33.

Minnesota Statutes 2016, section 85.054, is amended by adding a subdivision to read:

new text begin Subd. 19. new text end

new text begin Fort Ridgely golf course. new text end

new text begin The commissioner may by contract, concession agreement, or lease waive a state park permit and associated fee for motor vehicle entry or parking for persons playing golf at the Fort Ridgely State Park golf course provided that the contract, concession agreement, or lease payment to the state is set, in part, to compensate the state park system for the loss of the state park fees. new text end

Sec. 34.

Minnesota Statutes 2016, section 85.055, subdivision 1, is amended to read:

Subdivision 1.

Fees.

The fee for state park permits for:

(1) an annual use of state parks is deleted text begin $25 deleted text end new text begin $35 new text end ;

(2) a second or subsequent vehicle state park permit is deleted text begin $18 deleted text end new text begin $26 new text end ;

(3) a state park permit valid for one day is deleted text begin $5 deleted text end new text begin $7 new text end ;

(4) a daily vehicle state park permit for groups is deleted text begin $3 deleted text end new text begin $5 new text end ;

(5) an annual permit for motorcycles is deleted text begin $20 deleted text end new text begin $30 new text end ;

(6) an employee's state park permit is without charge; and

(7) a state park permit for persons with disabilities under section 85.053, subdivision 7, paragraph (a), clauses (1) to (3), is $12.

The fees specified in this subdivision include any sales tax required by state law.

Sec. 35.

Minnesota Statutes 2016, section 85.22, subdivision 2a, is amended to read:

Subd. 2a.

Receipts, appropriation.

All receipts derived from the rental or sale of state park items, tours deleted text begin at Forestville Mystery Cave State Park deleted text end , new text begin interpretation programs, educational programs, new text end and operation of Douglas Lodge shall be deposited in the state treasury and be credited to the state parks working capital account. Receipts and expenses from Douglas Lodge shall be tracked separately within the account. Money in the account is annually appropriated for the purchase and payment of expenses attributable to items for resale or rental and operation of Douglas Lodge. Any excess receipts in this account are annually appropriated for state park management and interpretive programs.

Sec. 36.

Minnesota Statutes 2016, section 85.32, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Areas marked deleted text end new text begin Designation new text end .

The commissioner of natural resources is authorized in cooperation with local units of government and private individuals and groups when feasible to deleted text begin mark deleted text end new text begin manage new text end state water trails on new text begin the Lake Superior water trail under section 85.0155 and on new text end the new text begin following rivers, which have historic, recreational, and scenic values: new text end Little Fork, Big Fork, Minnesota, St. Croix, Snake, Mississippi, Red Lake, Cannon, Straight, Des Moines, Crow Wing, St. Louis, Pine, Rum, Kettle, Cloquet, Root, Zumbro, Pomme de Terre within Swift County, Watonwan, Cottonwood, Whitewater, Chippewa from Benson in Swift County to Montevideo in Chippewa County, Long Prairie, Red River of the North, Sauk, Otter Tail, Redwood, Blue Earth, Cedar, Shell Rock, deleted text begin and deleted text end new text begin Vermilion in St. Louis County, North Fork of the Crow, and South Fork of the new text end Crow deleted text begin Rivers, which have historic and scenic values, and to mark appropriately deleted text end new text begin . The commissioner may map and sign new text end points of interest, new text begin public water access sites, new text end portages, camp sites, and deleted text begin all deleted text end dams, rapids, waterfalls, deleted text begin whirlpools, deleted text end and other serious hazards that are dangerous to canoe, kayak, and watercraft travelers. new text begin The commissioner may maintain passageway for watercraft on state water trails. new text end

Sec. 37.

new text begin [85.47] SPECIAL USE PERMITS; FEES. new text end

new text begin Fees collected for special use permits to use state trails not on state forest, state park, or state recreation area lands and for use of state water access sites must be deposited in the natural resources fund. new text end

Sec. 38.

Minnesota Statutes 2016, section 86B.301, subdivision 2, is amended to read:

Subd. 2.

Exemptions.

A watercraft license is not required for:

(1) a watercraft that is covered by a license or number in full force and effect under federal law or a federally approved licensing or numbering system of another state, new text begin or a watercraft that is owned by a person from another state and that state does not require licensing that type of watercraft, new text end and new text begin the watercraft new text end has not been within this state for more than 90 consecutive days, which does not include days that a watercraft is laid up at dock over winter or for repairs at a Lake Superior port or another port in the state;

(2) a watercraft from a country other than the United States that has not been within this state for more than 90 consecutive days, which does not include days that a watercraft is laid up at dock over winter or for repairs at a Lake Superior port or another port in the state;

(3) a watercraft owned by the United States, an Indian tribal government, a state, or a political subdivision of a state, except watercraft used for recreational purposes;

(4) a ship's lifeboat;

(5) a watercraft that has been issued a valid marine document by the United States government;

(6) a waterfowl boat during waterfowl-hunting season;

(7) a rice boat during the harvest season;

(8) a seaplane;

(9) a nonmotorized watercraft ten feet in length or less; and

(10) a watercraft that is covered by a valid license or number issued by a federally recognized Indian tribe in the state under a federally approved licensing or numbering system and that is owned by a member of that tribe.

Sec. 39.

Minnesota Statutes 2016, section 86B.313, subdivision 1, is amended to read:

Subdivision 1.

General requirements.

(a) In addition to requirements of other laws relating to watercraft, a person may not operate or permit the operation of a personal watercraft:

(1) without each person on board the personal watercraft wearing a deleted text begin United States Coast Guard (USCG) approved deleted text end wearable personal flotation device deleted text begin with a deleted text end new text begin that is approved by the United States Coast Guard (USCG) and has a new text end USCG label indicating deleted text begin it deleted text end new text begin the flotation device new text end either is approved for or does not prohibit use with personal watercraft deleted text begin or water skiing deleted text end ;

(2) between one hour before sunset and 9:30 a.m.;

(3) at greater than slow-no wake speed within 150 feet of:

(i) a shoreline;

(ii) a dock;

(iii) a swimmer;

(iv) a raft used for swimming or diving; or

(v) a moored, anchored, or nonmotorized watercraft;

(4) while towing a person on water skis, a kneeboard, an inflatable craft, or any other device unless:

(i) an observer is on board; or

(ii) the personal watercraft is equipped with factory-installed or factory-specified accessory mirrors that give the operator a wide field of vision to the rear;

(5) without the lanyard-type engine cutoff switch being attached to the person, clothing, or personal flotation device of the operator, if the personal watercraft is equipped by the manufacturer with such a device;

(6) if any part of the spring-loaded throttle mechanism has been removed, altered, or tampered with so as to interfere with the return-to-idle system;

(7) to chase or harass wildlife;

(8) through emergent or floating vegetation at other than a slow-no wake speed;

(9) in a manner that unreasonably or unnecessarily endangers life, limb, or property, including weaving through congested watercraft traffic, jumping the wake of another watercraft within 150 feet of the other watercraft, or operating the watercraft while facing backwards;

(10) in any other manner that is not reasonable and prudent; or

(11) without a personal watercraft rules decal, issued by the commissioner, attached to the personal watercraft so as to be in full view of the operator.

(b) Paragraph (a), clause (3), does not apply to a person operating a personal watercraft to launch or land a person on water skis, a kneeboard, or similar device by the most direct route to open water.

Sec. 40.

Minnesota Statutes 2016, section 86B.701, subdivision 3, is amended to read:

Subd. 3.

Allocation of funding.

(a) new text begin Notwithstanding section 16A.41, expenditures directly related to each appropriation's purpose made on or after January 1 of the fiscal year in which the grant is made or the date of work plan approval, whichever is later, are eligible for reimbursement unless otherwise provided. new text end

new text begin (b) new text end The amount of funds to be allocated under subdivisions 1 and 2 and shall be determined by the commissioner on the basis of the following criteria:

(1) the number of watercraft using the waters wholly or partially within the county;

(2) the number of watercraft using particular bodies of water, wholly or partially within the county, in relation to the size of the body of water and the type, speed, and size of the watercraft utilizing the water body;

(3) the amount of water acreage wholly or partially within the county;

(4) the overall performance of the county in the area of boat and water safety;

(5) special considerations, such as volume of transient or nonresident watercraft use, number of rental watercraft, extremely large bodies of water wholly or partially in the county; or

(6) any other factor as determined by the commissioner.

deleted text begin (b) deleted text end new text begin (c) new text end The commissioner may require reports from the counties, make appropriate surveys or studies, or utilize local surveys or studies to determine the criteria required in allocation funds.

Sec. 41.

Minnesota Statutes 2016, section 88.01, subdivision 28, is amended to read:

Subd. 28.

Prescribed burn.

"Prescribed burn" means a fire that is intentionally ignited, managed, and controlled new text begin for the purpose of managing forests, prairies, or wildlife habitats new text end by an entity meeting certification requirements established by the commissioner deleted text begin for the purpose of managing vegetation deleted text end . A prescribed burn that has exceeded its prescribed boundaries and requires new text begin immediate new text end suppression action new text begin by a local fire department or other agency with wildfire suppression responsibilities new text end is considered a wildfire.

Sec. 42.

Minnesota Statutes 2016, section 88.523, is amended to read:

88.523 AUXILIARY FOREST CONTRACTS; SUPPLEMENTAL AGREEMENTS.

Upon application of the owner, any auxiliary forest contract may be made subject to any provisions of law enacted subsequent to the execution of the contract and in force at the time of application, so far as not already applicable, with the approval of the county board and the commissioner of natural resources. A supplemental agreement in a deleted text begin form deleted text end new text begin format new text end prescribed by the commissioner deleted text begin and approved by the attorney general deleted text end must be executed by the commissioner in behalf of the state and by the owner. The supplemental agreement must be filed and recorded in like manner as the supplemental contract under section 88.49, subdivision 9, and takes effect upon filing and recording.

Sec. 43.

Minnesota Statutes 2016, section 89.39, is amended to read:

89.39 PURCHASE AGREEMENTS AND PENALTIES.

Every individual, partnership, or private corporation to whom any planting stock is supplied for planting on private land deleted text begin hereunder shall deleted text end new text begin under sections 89.35 to 89.39 must new text end execute an agreement, deleted text begin upon a form deleted text end new text begin in a format new text end approved by the deleted text begin attorney general deleted text end new text begin commissioner new text end , to comply with deleted text begin all deleted text end the requirements of sections 89.35 to 89.39 and deleted text begin all deleted text end conditions prescribed by the commissioner deleted text begin hereunder deleted text end new text begin thereunder new text end . Any party to such an agreement who deleted text begin shall violate any provision thereof shall, deleted text end new text begin violates the agreement is, new text end in addition to any other penalties that may be applicable, deleted text begin be deleted text end liable to the state in a sum equal to three times the reasonable value of the trees affected by the violation at the time the deleted text begin same deleted text end new text begin trees new text end were shipped for planting; provided, that if deleted text begin such deleted text end new text begin the new text end trees are sold or offered for sale for any purpose not deleted text begin herein deleted text end authorized deleted text begin , such deleted text end new text begin under sections 89.35 to 89.39, the new text end penalty deleted text begin shall be deleted text end new text begin is new text end equal to three times the sale price. deleted text begin Such deleted text end new text begin The new text end penalties deleted text begin shall be deleted text end new text begin are new text end recoverable in a civil action brought in the name of the state by the attorney general.

Sec. 44.

Minnesota Statutes 2016, section 90.01, is amended by adding a subdivision to read:

new text begin Subd. 1a. new text end

new text begin Affiliate. new text end

new text begin "Affiliate" means a person who: new text end

new text begin (1) controls, is controlled by, or is under common control with any other person, including, without limitation, a partner, business entity with common ownership, or principal of any business entity or a subsidiary, parent company, or holding company of any person; or new text end

new text begin (2) bids as a representative for another person. new text end

Sec. 45.

Minnesota Statutes 2016, section 90.01, subdivision 8, is amended to read:

Subd. 8.

Permit holder.

"Permit holder" means the person new text begin or affiliate of the person new text end who is the signatory of a permit to cut timber on state lands.

Sec. 46.

Minnesota Statutes 2016, section 90.01, subdivision 12, is amended to read:

Subd. 12.

Responsible bidder.

"Responsible bidder" means a person new text begin or affiliate of a person new text end who is financially responsible; demonstrates the judgment, skill, ability, capacity, and integrity requisite and necessary to perform according to the terms of a permit issued under this chapter; and is not currently debarred by deleted text begin another deleted text end new text begin a new text end government entity for any cause.

Sec. 47.

Minnesota Statutes 2016, section 90.041, subdivision 2, is amended to read:

Subd. 2.

Trespass on state lands.

The commissioner may compromise and settle deleted text begin , with notification to the attorney general deleted text end , upon terms the commissioner deems just, any claim of the state for casual and involuntary trespass upon state lands or timber; provided that no claim shall be settled for less than the full value of all timber or other materials taken in casual trespass or the full amount of all actual damage or loss suffered by the state as a result. Upon request, the commissioner shall advise the Executive Council of any information acquired by the commissioner concerning any trespass on state lands, giving all details and names of witnesses and all compromises and settlements made under this subdivision.

Sec. 48.

Minnesota Statutes 2016, section 90.051, is amended to read:

90.051 SUPERVISION OF SALES; BOND.

The department employee delegated to supervise state timber appraisals and sales shall be bonded in a form to be prescribed by the deleted text begin attorney general deleted text end new text begin commissioner new text end and in the sum of not less than $25,000, conditioned upon the faithful and honest performance of duties.

Sec. 49.

Minnesota Statutes 2016, section 90.101, subdivision 2, is amended to read:

Subd. 2.

Sale list and notice.

At least 30 days before the date of sale, the commissioner shall compile a list containing a description of each tract of land upon which any timber to be offered is situated and a statement of the estimated quantity of timber and of the appraised price of each kind of timber thereon as shown by the report of the state appraiser. No description shall be added after the list is posted and no timber shall be sold from land not described in the list. Copies of the list deleted text begin shall deleted text end new text begin must new text end be furnished to all interested applicants. new text begin At least 30 days before the date of sale, new text end a copy of the list deleted text begin shall deleted text end new text begin must new text end be new text begin posted on the Internet or new text end conspicuously posted in the forest office or other public facility most accessible to potential bidders deleted text begin at least 30 days prior to the date of sale deleted text end . deleted text begin The commissioner shall cause a notice to be published once not less than one week before the date of sale in a legal newspaper in the county or counties where the land is situated. The notice shall state the time and place of the sale and the location at which further information regarding the sale may be obtained. deleted text end The commissioner may give other published or posted notice as the commissioner deems proper to reach prospective bidders.

Sec. 50.

Minnesota Statutes 2016, section 90.14, is amended to read:

90.14 AUCTION SALE PROCEDURE.

(a) All state timber shall be offered and sold by the same unit of measurement as it was appraised. No tract shall be sold to any person other than the deleted text begin purchaser deleted text end new text begin responsible bidder new text end in whose name the bid was made. The commissioner may refuse to approve any and all bids received and cancel a sale of state timber for good and sufficient reasons.

(b) The purchaser at any sale of timber shall, immediately upon the approval of the bid, or, if unsold at public auction, at the time of purchase at a subsequent sale under section 90.101, subdivision 1, pay to the commissioner a down payment of 15 percent of the appraised value. In case any purchaser fails to make such payment, the purchaser shall be liable therefor to the state in a civil action, and the commissioner may reoffer the timber for sale as though no bid or sale under section 90.101, subdivision 1, therefor had been made.

(c) In lieu of the scaling of state timber required by this chapter, a purchaser of state timber may, at the time of payment by the purchaser to the commissioner of 15 percent of the appraised value, elect in deleted text begin writing on deleted text end a deleted text begin form deleted text end new text begin format new text end prescribed by the deleted text begin attorney general deleted text end new text begin commissioner new text end to purchase a permit based solely on the appraiser's estimate of the volume of timber described in the permit, provided that the commissioner has expressly designated the availability of such option for that tract on the list of tracts available for sale as required under section 90.101. A purchaser who elects in deleted text begin writing on deleted text end a deleted text begin form deleted text end new text begin format new text end prescribed by the deleted text begin attorney general deleted text end new text begin commissioner new text end to purchase a permit based solely on the appraiser's estimate of the volume of timber described on the permit does not have recourse to the provisions of section 90.281.

(d) In the case of a public auction sale conducted by a sealed bid process, tracts shall be awarded to the high bidder, who shall pay to the commissioner a down payment of 15 percent of the appraised value that must be received or postmarked within 14 days of the date of the sealed bid opening. If a purchaser fails to make the down payment, the purchaser is liable for the down payment to the state and the commissioner may offer the timber for sale to the next highest bidder as though no higher bid had been made.

(e) Except as otherwise provided by law, at the time the purchaser signs a permit issued under section 90.151, the commissioner shall require the purchaser to make a bid guarantee payment to the commissioner in an amount equal to 15 percent of the total purchase price of the permit less the down payment amount required by paragraph (b) for any bid increase in excess of $10,000 of the appraised value. If a required bid guarantee payment is not submitted with the signed permit, no harvesting may occur, the permit cancels, and the down payment for timber forfeits to the state. The bid guarantee payment forfeits to the state if the purchaser and successors in interest fail to execute an effective permit.

Sec. 51.

Minnesota Statutes 2016, section 90.145, subdivision 2, is amended to read:

Subd. 2.

Purchaser registration.

To facilitate the sale of permits issued under section 90.151, the commissioner may establish a registration system to verify the qualifications of a person new text begin or affiliate new text end as a responsible bidder to purchase a timber permit. Any system implemented by the commissioner shall be limited in scope to only that information that is required for the efficient administration of the purchaser qualification requirements of this chapter. The registration system established under this subdivision is not subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply.

Sec. 52.

Minnesota Statutes 2016, section 90.151, subdivision 1, is amended to read:

Subdivision 1.

Issuance; expiration.

(a) Following receipt of the down payment for state timber required under section 90.14 or 90.191, the commissioner shall issue a numbered permit to the purchaser, in a deleted text begin form deleted text end new text begin format new text end approved by the deleted text begin attorney general deleted text end new text begin commissioner new text end , by the terms of which the purchaser deleted text begin shall be deleted text end new text begin is new text end authorized to enter upon the land deleted text begin , deleted text end and to cut and remove the timber deleted text begin therein deleted text end described new text begin in the permit new text end as designated for cutting in the report of the state appraiser, according to the provisions of this chapter. The permit deleted text begin shall deleted text end new text begin must new text end be correctly dated and executed by the commissioner and signed by the purchaser. If a permit is not signed by the purchaser within 45 days from the date of purchase, the permit cancels and the down payment for timber required under section 90.14 forfeits to the state. The commissioner may grant an additional period for the purchaser to sign the permit, not to exceed ten business days, provided the purchaser pays a $200 penalty fee.

(b) The permit deleted text begin shall expire deleted text end new text begin expires new text end no later than five years after the date of sale as the commissioner shall specify or as specified under section 90.191, and the timber deleted text begin shall deleted text end new text begin must new text end be cut and removed within the time specified deleted text begin therein deleted text end . If additional time is needed, the permit holder must request, deleted text begin prior to deleted text end new text begin before new text end the expiration date, and may be granted, for good and sufficient reasons, up to 90 additional days for the completion of skidding, hauling, and removing all equipment and buildings. All cut timber, equipment, and buildings not removed from the land after expiration of the permit becomes the property of the state.

(c) The commissioner may grant deleted text begin an deleted text end additional deleted text begin period of deleted text end time not to exceed 240 days for deleted text begin the removal of deleted text end new text begin removing new text end cut timber, equipment, and buildings upon receipt of a written request by the permit holder for good and sufficient reasons. The permit holder may combine in the written request under this paragraph the request for additional time under paragraph (b).

Sec. 53.

Minnesota Statutes 2016, section 90.162, is amended to read:

90.162 SECURING TIMBER PERMITS WITH CUTTING BLOCKS.

In lieu of the security deposit equal to the value of all timber covered by the permit required by section 90.161, a purchaser of state timber may elect in deleted text begin writing on deleted text end a deleted text begin form deleted text end new text begin format new text end prescribed by the deleted text begin attorney general deleted text end new text begin commissioner new text end to give good and valid surety to the state of Minnesota equal to the purchase price for any designated cutting block identified on the permit before the date the purchaser enters upon the land to begin harvesting the timber on the designated cutting block.

Sec. 54.

Minnesota Statutes 2016, section 90.252, is amended to read:

90.252 SCALING AGREEMENT; WEIGHT MEASUREMENT SERVICES; FEES.

Subdivision 1.

Scaling agreement.

The commissioner may enter into an agreement with either a timber sale permittee, or the purchaser of the cut products, or both, so that the scaling of the cut timber and the collection of the payment for the same can be consummated by the state. deleted text begin Such an deleted text end new text begin The new text end agreement deleted text begin shall deleted text end new text begin must new text end be approved as to form and content by the deleted text begin attorney general deleted text end new text begin commissioner new text end and deleted text begin shall deleted text end new text begin must new text end provide for a bond or cash in lieu of a bond and deleted text begin such deleted text end other safeguards as are necessary to protect the interests of the state. The scaling and payment collection procedure may be used for any state timber sale, except that no permittee who is also the consumer shall both cut and scale the timber sold unless deleted text begin such deleted text end new text begin the new text end scaling is supervised by a state scaler.

Subd. 2.

Weight measurement services; fees.

The commissioner may enter into an agreement with the owner or operator of any weight scale inspected, tested, and approved under chapter 239 to provide weight measurements for deleted text begin the deleted text end scaling deleted text begin of deleted text end state timber according to section 90.251. The agreement deleted text begin shall deleted text end new text begin must new text end be deleted text begin on a form deleted text end new text begin in a format new text end prescribed by the deleted text begin attorney general deleted text end new text begin commissioner new text end , deleted text begin shall become a deleted text end new text begin becomes new text end part of the official record of any state timber permit so scaled, and deleted text begin shall deleted text end new text begin must new text end contain safeguards that are necessary to protect the interests of the state. Except as otherwise provided by the commissioner, the cost of any agreement to provide weight measurement of state timber deleted text begin shall deleted text end new text begin must new text end be paid by the permit holder of any state timber permit so measured and the cost deleted text begin shall deleted text end new text begin must new text end be included in the statement of the amount due for the permit under section 90.181, subdivision 1.

Sec. 55.

Minnesota Statutes 2016, section 93.25, subdivision 2, is amended to read:

Subd. 2.

Lease requirements.

All leases for nonferrous metallic minerals or petroleum must be approved by the Executive Council, and any other mineral lease issued pursuant to this section that covers 160 or more acres must be approved by the Executive Council. The rents, royalties, terms, conditions, and covenants of all such leases shall be fixed by the commissioner according to rules adopted by the commissioner, but no lease shall be for a longer term than 50 years, and all rents, royalties, terms, conditions, and covenants shall be fully set forth in each lease issued. new text begin No lease shall be canceled by the state for failure to meet production requirements prior to the 36th year of the lease. new text end The rents and royalties shall be credited to the funds as provided in section 93.22.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and applies to leases in effect or issued on or after that date. new text end

Sec. 56.

Minnesota Statutes 2016, section 93.47, subdivision 4, is amended to read:

Subd. 4.

Administration and enforcement.

The commissioner shall administer and enforce sections 93.44 to 93.51 and the rules adopted pursuant hereto. In so doing the commissioner may (1) conduct such investigations and inspections as the commissioner deems necessary for the proper administration of sections 93.44 to 93.51; (2) enter upon any parts of the mining areas in connection with any such investigation and inspection without liability to the operator or landowner provided that reasonable prior notice of intention to do so shall have been given the operator or landowner; (3) conduct such research or enter into contracts related to mining areas and the reclamation thereof as may be necessary to carry out the provisions of sections 93.46 to 93.50 new text begin ; and (4) allocate surplus wetland credits that are approved by the commissioner under a permit to mine on or after July 1, 1991, and that are not otherwise deposited in a state wetland bank new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 1991. new text end

Sec. 57.

Minnesota Statutes 2016, section 93.481, subdivision 2, is amended to read:

Subd. 2.

Commissioner's review; hearing deleted text begin ; burden of proof deleted text end .

Within 120 days after receiving deleted text begin the deleted text end new text begin an new text end application deleted text begin , or after receiving additional information requested, or after holding a hearing as provided in this section deleted text end new text begin the commissioner has deemed complete and filed new text end , the commissioner shall grant the permit applied for, with or without modifications or conditions, or deny the application new text begin unless a contested case hearing is requested or ordered under section 93.483 new text end . deleted text begin If written objections to the proposed application are filed with the commissioner within 30 days after the last publication required pursuant to this section or within seven days after publication in the case of an application to conduct lean ore stockpile removal, by any person owning property which will be affected by the proposed operation or by any federal, state, or local governmental agency having responsibilities affected by the proposed operations, a public hearing shall be held by the commissioner in the locality of the proposed operations within 30 days of receipt of such written objections and after appropriate notice and publication of the date, time, and location of the hearing. deleted text end new text begin The commissioner's decision to grant the permit, with or without modifications, or deny the application constitutes a final order for purposes of section 93.50. new text end The commissioner new text begin in granting a permit with or without modifications new text end shall determine that the reclamation or restoration planned for the operation complies with lawful requirements and can be accomplished under available technology and that a proposed reclamation or restoration technique is practical and workable under available technology. new text begin The commissioner may hold public meetings on the application. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and applies to all pending applications submitted before that date. new text end

Sec. 58.

new text begin [93.483] CONTESTED CASE. new text end

new text begin Subdivision 1. new text end

new text begin Petition for contested case hearing. new text end

new text begin Any person owning property that will be affected by the proposed operation or any federal, state, or local government having responsibilities affected by the proposed operation identified in the application for a permit to mine under section 93.481 may file a petition with the commissioner to hold a contested case hearing on the completed application. To be considered by the commissioner, a petition must be submitted in writing, must contain the information specified in subdivision 2, and must be submitted to the commissioner within 30 days after the application is deemed complete and filed. In addition, the commissioner may, on the commissioner's own motion, order a contested case hearing on the completed application. new text end

new text begin Subd. 2. new text end

new text begin Petition contents. new text end

new text begin (a) A petition for a contested case hearing must include the following information: new text end

new text begin (1) a statement of reasons or proposed findings supporting the commissioner's decision to hold a contested case hearing pursuant to the criteria in subdivision 3; and new text end

new text begin (2) a statement of the issues proposed to be addressed by a contested case hearing and the specific relief requested or resolution of the matter. new text end

new text begin (b) To the extent known by the petitioner, a petition for a contested case hearing may also include: new text end

new text begin (1) a proposed list of prospective witnesses to be called, including experts, with a brief description of the proposed testimony or a summary of evidence to be presented at a contested case hearing; new text end

new text begin (2) a proposed list of publications, references, or studies to be introduced and relied upon at a contested case hearing; and new text end

new text begin (3) an estimate of time required for the petitioner to present the matter at a contested case hearing. new text end

new text begin (c) A petitioner is not bound or limited to the witnesses, materials, or estimated time identified in the petition if the requested contested case is granted by the commissioner. new text end

new text begin (d) Any person may serve timely responses to a petition for a contested case hearing. The commissioner shall establish deadlines for responses to be submitted. new text end

new text begin Subd. 3. new text end

new text begin Commissioner's decision to hold hearing. new text end

new text begin (a) The commissioner must grant the petition to hold a contested case hearing or order upon the commissioner's own motion that a contested case hearing be held if the commissioner finds that: new text end

new text begin (1) there is a material issue of fact in dispute concerning the completed application before the commissioner; new text end

new text begin (2) the commissioner has jurisdiction to make a determination on the disputed material issue of fact; and new text end

new text begin (3) there is a reasonable basis underlying a disputed material issue of fact so that a contested case hearing would allow the introduction of information that would aid the commissioner in resolving the disputed facts in order to make a final decision on the completed application. new text end

new text begin (b) The commissioner must make the determination of whether to grant a petition or otherwise order a contested case hearing within 120 days after the commissioner deems the application complete and filed. new text end

new text begin Subd. 4. new text end

new text begin Hearing upon request of applicant. new text end

new text begin The applicant may, within 30 days after the application is deemed complete and filed, submit a request for a contested case. Within 30 days of the applicant's request, the commissioner shall grant the petition and initiate the contested case hearing process. new text end

new text begin Subd. 5. new text end

new text begin Scope of hearing. new text end

new text begin If the commissioner decides to hold a contested case hearing, the commissioner shall identify the issues to be resolved and limit the scope and conduct of the hearing in accordance with applicable law, due process, and fundamental fairness. The commissioner may, before granting or ordering a contested case hearing, develop a proposed permit or permit conditions to inform the contested case. The contested case hearing must be conducted in accordance with sections 14.57 to 14.62. The final decision by the commissioner to grant, with or without modifications or conditions, or deny the application after a contested case shall constitute a final order for purposes of section 93.50. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and applies to all pending applications submitted before that date. new text end

Sec. 59.

Minnesota Statutes 2016, section 93.50, is amended to read:

93.50 APPEAL.

Any person aggrieved by any new text begin final new text end order, ruling, or decision of the commissioner may deleted text begin appeal deleted text end new text begin obtain judicial review of new text end such order, ruling, or decision deleted text begin in the manner provided in chapter 14 deleted text end new text begin under sections 14.63 to 14.69 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and applies to all final orders, rulings, and decisions issued after that date. new text end

Sec. 60.

Minnesota Statutes 2016, section 94.343, subdivision 9, is amended to read:

Subd. 9.

Approval by deleted text begin attorney general deleted text end new text begin commissioner new text end .

No exchange of class A land shall be consummated unless the deleted text begin attorney general shall have given an opinion in writing deleted text end new text begin commissioner determines new text end that the title to the land proposed to be conveyed to the state is good and deleted text begin marketable, deleted text end free from all liens deleted text begin and deleted text end new text begin , with all new text end encumbrances new text begin identified new text end except reservations herein authorized. new text begin The commissioner may use title insurance to aid in the title determination. new text end If required by the deleted text begin attorney general deleted text end new text begin commissioner new text end , the landowner deleted text begin shall deleted text end new text begin must new text end submit an abstract of title and make and file with the commissioner an affidavit as to possession of the land, improvements, liens, and encumbrances thereon, and other matters affecting the title.

Sec. 61.

Minnesota Statutes 2016, section 94.344, subdivision 9, is amended to read:

Subd. 9.

Approval of county attorney.

No exchange of class B land shall be consummated unless the title to the land proposed to be exchanged therefor deleted text begin shall deleted text end new text begin is new text end first deleted text begin be deleted text end approved by the county attorney in like manner as provided for approval by the deleted text begin attorney general deleted text end new text begin commissioner new text end in case of class A land. The county attorney's opinion on the title deleted text begin shall be deleted text end new text begin is new text end subject to approval by the deleted text begin attorney general deleted text end new text begin commissioner new text end .

Sec. 62.

Minnesota Statutes 2016, section 97A.015, is amended by adding a subdivision to read:

new text begin Subd. 35a. new text end

new text begin Portable shelter. new text end

new text begin "Portable shelter" means a fish house, dark house, or other shelter that is set on the ice of state waters to provide shelter and that collapses, folds, or is disassembled for transportation. new text end

Sec. 63.

Minnesota Statutes 2016, section 97A.015, subdivision 39, is amended to read:

Subd. 39.

Protected wild animals.

"Protected wild animals" deleted text begin are the following wild animals: deleted text end new text begin means new text end big game, small game, game fish, rough fish, minnows, leeches, alewives, ciscoes, chubs, deleted text begin and deleted text end lake whitefish deleted text begin , deleted text end and the subfamily Coregoninae, rainbow smelt, frogs, turtles, clams, mussels, wolf, mourning doves, new text begin bats, snakes, salamanders, lizards, any animal species listed as endangered, threatened, or of special concern in Minnesota Rules, chapter 6134, new text end and wild animals that are protected by a restriction in the time or manner of taking, other than a restriction in the use of artificial lights, poison, or motor vehicles.

Sec. 64.

Minnesota Statutes 2016, section 97A.015, subdivision 43, is amended to read:

Subd. 43.

Rough fish.

"Rough fish" means carp, buffalo, sucker, sheepshead, bowfin, burbot, cisco, gar, goldeye, and bullhead new text begin , except for any fish species listed as endangered, threatened, or of special concern in Minnesota Rules, chapter 6134 new text end .

Sec. 65.

Minnesota Statutes 2016, section 97A.015, subdivision 45, is amended to read:

Subd. 45.

Small game.

"Small game" means game birds, gray squirrel, fox squirrel, cottontail rabbit, snowshoe hare, jack rabbit, raccoon, lynx, bobcat, new text begin short-tailed weasel, long-tailed weasel, new text end wolf, red fox and gray fox, fisher, pine marten, opossum, badger, cougar, wolverine, muskrat, mink, otter, and beaver.

Sec. 66.

Minnesota Statutes 2016, section 97A.015, subdivision 52, is amended to read:

Subd. 52.

Unprotected birds.

"Unprotected birds" means English sparrow, deleted text begin blackbird, deleted text end starling, deleted text begin magpie, deleted text end cormorant, common pigeon, Eurasian collared dove, chukar partridge, quail other than bobwhite quail, and mute swan.

Sec. 67.

Minnesota Statutes 2016, section 97A.015, subdivision 53, is amended to read:

Subd. 53.

Unprotected wild animals.

"Unprotected wild animals" means wild animals that are not protected wild animals including deleted text begin weasel, deleted text end coyote, new text begin plains pocket new text end gopher, porcupine, striped skunk, and unprotected birds new text begin , except any animal species listed as endangered, threatened, or of special concern in Minnesota Rules, chapter 6134 new text end .

Sec. 68.

Minnesota Statutes 2016, section 97A.045, subdivision 10, is amended to read:

Subd. 10.

Reciprocal agreements on violations.

The commissioner deleted text begin , with the approval of the attorney general, deleted text end may enter into reciprocal agreements with game and fish authorities in other states and the United States government to provide for:

(1) revocation of the appropriate Minnesota game and fish licenses of Minnesota residents for violations of game and fish laws committed in signatory jurisdictions deleted text begin which deleted text end new text begin that new text end result in license revocation in that jurisdiction;

(2) reporting convictions and license revocations of residents of signatory states for violations of game and fish laws of Minnesota to game and fish authorities in the nonresident's state of residence; and

(3) release upon signature without posting of bail for residents of signatory states accused of game and fish law violations in this state, providing for recovery, in the resident jurisdiction, of fines levied if the citation is not answered in this state.

As used in this subdivision, "conviction" includes a plea of guilty or a forfeiture of bail.

Sec. 69.

Minnesota Statutes 2016, section 97A.055, subdivision 2, is amended to read:

Subd. 2.

Receipts.

The commissioner of management and budget shall credit to the game and fish fund all money received under the game and fish laws and all income from state lands acquired by purchase or gift for game or fish purposes, including receipts from:

(1) licenses and permits issued;

(2) fines and forfeited bail;

(3) sales of contraband, wild animals, and other property under the control of the division new text begin , except as provided in section 97A.225, subdivision 8, clause (2) new text end ;

(4) fees from advanced education courses for hunters and trappers;

(5) reimbursements of expenditures by the division;

(6) contributions to the division; and

(7) revenue credited to the game and fish fund under section 297A.94, paragraph (e), clause (1).

Sec. 70.

Minnesota Statutes 2016, section 97A.075, subdivision 1, is amended to read:

Subdivision 1.

Deer, bear, and lifetime licenses.

(a) For purposes of this subdivision, "deer license" means a license issued under section 97A.475, subdivisions 2, clauses (5), (6), (7), (13), (14), and (15); 3, paragraph (a), clauses (2), (3), (4), (10), (11), and (12); and 8, paragraph (b), and licenses issued under section 97B.301, subdivision 4.

(b) $2 from each annual deer license and $2 annually from the lifetime fish and wildlife trust fund, established in section 97A.4742, for each license issued under section 97A.473, subdivision 4, shall be credited to the deer management account and is appropriated to the commissioner for deer habitat improvement or deer management programs.

(c) $1 from each annual deer license and each bear license and $1 annually from the lifetime fish and wildlife trust fund, established in section 97A.4742, for each license issued under section 97A.473, subdivision 4, shall be credited to the deer and bear management account and is appropriated to the commissioner for deer and bear management programs, including a computerized licensing system.

(d) Fifty cents from each deer license is credited to the emergency deer feeding and wild cervidae health management account and is appropriated for emergency deer feeding and wild cervidae health management. Money appropriated for emergency deer feeding and wild cervidae health management is available until expended.

When the unencumbered balance in the appropriation for emergency deer feeding and wild cervidae health management exceeds $2,500,000 at the end of a fiscal year, the unencumbered balance in excess of $2,500,000 is canceled and available for deer and bear management programs and computerized licensing.

deleted text begin (e) Fifty cents from each annual deer license and 50 cents annually from the lifetime fish and wildlife trust fund established in section 97A.4742, for each license issued under section 97A.473, subdivision 4, shall be credited to the wolf management and monitoring account under subdivision 7. deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1 of the year following the year the wolf is delisted under the federal Endangered Species Act. new text end

Sec. 71.

Minnesota Statutes 2016, section 97A.137, subdivision 5, is amended to read:

Subd. 5.

Portable stands.

new text begin (a) new text end Prior to the Saturday on or nearest September 16, a portable stand may be left overnight in a wildlife management area by a person with a valid bear license who is hunting within 100 yards of a bear bait site that is legally tagged and registered as prescribed under section 97B.425. Any person leaving a portable stand overnight under this subdivision must affix a tag with: (1) the person's name and address; (2) the licensee's driver's license number; or (3) the "MDNR#" license identification number issued to the licensee. The tag must be affixed to the stand in a manner that it can be read from the ground.

new text begin (b) From November 1 through December 31, a portable stand may be left overnight by a person possessing a license to take deer in a wildlife management area located in whole or in part north and west of a line described as follows: new text end

new text begin State Trunk Highway 1 from the west boundary of the state to State Trunk Highway 89; then north along State Trunk Highway 89 to Fourtown; then north on County State-Aid Highway 44, Beltrami County, to County Road 704, Beltrami County; then north on County Road 704 to Dick's Parkway State Forest Road; then north on Dick's Parkway to County State-Aid Highway 5, Roseau County; then north on County State-Aid Highway 5 to Warroad; then north on State Trunk Highway 11 to State Trunk Highway 313; then north on State Trunk Highway 313 to the north boundary of the state. new text end

new text begin A person leaving a portable stand overnight under this paragraph must affix a tag with: (1) the person's name and address; (2) the licensee's driver's license number; or (3) the "MDNR#" license identification number issued to the licensee. The tag must be affixed to the stand so that it can be read from the ground and must be made of a material sufficient to withstand weather conditions. A person leaving a portable stand overnight in a wildlife management area under this paragraph may not leave more than two portable stands in any one wildlife management area. Unoccupied portable stands left overnight under this paragraph may be used by any member of the public. This paragraph expires December 31, 2019. new text end

Sec. 72.

Minnesota Statutes 2016, section 97A.201, subdivision 2, is amended to read:

Subd. 2.

Duty of deleted text begin county attorneys and deleted text end peace officers.

deleted text begin County attorneys and deleted text end All peace officers must enforce the game and fish laws.

Sec. 73.

Minnesota Statutes 2016, section 97A.201, is amended by adding a subdivision to read:

new text begin Subd. 3. new text end

new text begin Prosecuting authority. new text end

new text begin County attorneys are the primary prosecuting authority for violations under section 97A.205, clause (5). Prosecution includes associated civil forfeiture actions provided by law. new text end

Sec. 74.

Minnesota Statutes 2016, section 97A.225, subdivision 8, is amended to read:

Subd. 8.

Proceeds of sale.

deleted text begin After determining the expense deleted text end new text begin The proceeds from the sale after payment of the costs new text end of seizing, new text begin towing, new text end keeping, and selling the property deleted text begin , the commissioner must pay the deleted text end new text begin and satisfying valid new text end liens deleted text begin from the proceeds according to the court order. The remaining proceeds deleted text end new text begin against the property must be distributed as follows: new text end

new text begin (1) 70 percent of the money or proceeds new text end shall be deposited in the state treasury and credited to the game and fish fund new text begin ; and new text end

new text begin (2) 30 percent of the money or proceeds is considered a cost of forfeiting the property and must be forwarded to the prosecuting authority that handled the forfeiture for deposit as a supplement to its operating fund or similar fund for prosecutorial purposes new text end .

Sec. 75.

Minnesota Statutes 2016, section 97A.301, subdivision 1, is amended to read:

Subdivision 1.

Misdemeanor.

Unless a different penalty is prescribed, a person is guilty of a misdemeanor if that person:

(1) deleted text begin takes, buys, sells, transports or possesses a wild animal in violation of deleted text end new text begin violates new text end the game and fish laws;

(2) aids or assists in committing the violation;

(3) knowingly shares in the proceeds of the violation;

(4) fails to perform a duty or comply with a requirement of the game and fish laws;

(5) knowingly makes a false statement related to an affidavit regarding a violation new text begin or requirement new text end of the game and fish laws; or

(6) violates or attempts to violate a rule under the game and fish laws.

Sec. 76.

Minnesota Statutes 2016, section 97A.338, is amended to read:

97A.338 GROSS OVERLIMITS OF WILD ANIMALS; PENALTY.

new text begin (a) new text end A person who takes, possesses, or transports wild animals over the legal limit, in closed season, or without a valid license, when the restitution value of the wild animals is over $1,000 is guilty of a gross overlimit violation. new text begin Except as provided in paragraph (b), new text end a violation under this deleted text begin section deleted text end new text begin paragraph new text end is a gross misdemeanor.

new text begin (b) If a wild animal involved in a gross overlimit violation is listed as a threatened or endangered wild animal, the penalty in paragraph (a) does not apply unless more than one animal is taken, possessed, or transported in violation of the game and fish laws. new text end

Sec. 77.

Minnesota Statutes 2016, section 97A.420, subdivision 1, is amended to read:

Subdivision 1.

Seizure.

(a) An enforcement officer shall immediately seize the license of a person who unlawfully takes, transports, or possesses wild animals when the restitution value of the wild animals exceeds $500. Except as provided in subdivisions 2, 4, and 5, the person may not use or obtain any license to take the same type of wild animals involved, including a duplicate license, until an action is taken under subdivision 6. If the license seized under this paragraph was for a big game animal, the license seizure applies to all licenses to take big game issued to the individual. If the license seized under this paragraph was for small game animals, the license seizure applies to all licenses to take small game issued to the individual.

(b) In addition to the license seizure under paragraph (a), if the restitution value of the wild animals unlawfully taken, possessed, or transported is deleted text begin $5,000 deleted text end new text begin $1,000 new text end or more, all other game and fish licenses held by the person shall be immediately seized. Except as provided in subdivision 2, 4, or 5, the person may not obtain any game or fish license or permit, including a duplicate license, until an action is taken under subdivision 6.

(c) A person may not take wild animals covered by a license seized under this subdivision until an action is taken under subdivision 6.

Sec. 78.

Minnesota Statutes 2016, section 97A.421, subdivision 2a, is amended to read:

Subd. 2a.

Issuance after conviction; gross overlimits.

(a) new text begin A person may not obtain a license to take a wild animal and is prohibited from taking wild animals for ten years after the date of conviction of a violation when the restitution value of the wild animals is $2,000 or more. new text end

new text begin (b) new text end A person may not obtain a license to take a wild animal and is prohibited from taking wild animals for deleted text begin a period of deleted text end five years after the date of conviction of:

(1) a violation when the restitution value of the wild animals is deleted text begin $5,000 deleted text end new text begin $1,000 new text end or more new text begin , but less than $2,000 new text end ; or

(2) a violation when the restitution value of the wild animals exceeds $500 and the violation occurs within ten years of one or more previous license revocations under this subdivision.

deleted text begin (b) deleted text end new text begin (c) new text end A person may not obtain a license to take the type of wild animals involved in a violation when the restitution value of the wild animals exceeds $500 and is prohibited from taking the type of wild animals involved in the violation for deleted text begin a period of deleted text end three years after the date of conviction of a violation.

deleted text begin (c) deleted text end new text begin (d) new text end The time period of multiple revocations under paragraph (a) new text begin or (b) new text end , clause (2), deleted text begin shall be deleted text end new text begin are new text end consecutive and no wild animals of any kind may be taken during the entire new text begin revocation new text end period.

new text begin (e) If a wild animal involved in the conviction is listed as a threatened or endangered wild animal, the revocations under this subdivision do not apply unless more than one animal is taken, possessed, or transported in violation of the game and fish laws. new text end

deleted text begin (d) deleted text end new text begin (f) new text end The court may not stay or reduce the imposition of license revocation provisions under this subdivision.

Sec. 79.

Minnesota Statutes 2016, section 97A.441, subdivision 1, is amended to read:

Subdivision 1.

Angling and spearing; disabled residents.

(a) A person authorized to issue licenses must issue, without a fee, licenses to take fish by angling or spearing to a resident who is:

(1) blind;

(2) a recipient of Supplemental Security Income for the aged, blind, and disabled;

(3) a recipient of Social Security aid to the disabled under United States Code, title 42, section 416, paragraph (i)(l), or section 423(d);

(4) a recipient of workers' compensation based on a finding of total and permanent disability;

(5) 65 years of age or older and was qualified under clause (2) or (3) at the age of 64; deleted text begin or deleted text end

(6) permanently disabled and meets the disability requirements for Supplemental Security Income or Social Security aid to the disabled under United States Code, title 42, section 416, paragraph (i)(l), or section 423(d) new text begin ; new text end

new text begin (7) receiving aid under the federal Railroad Retirement Act of 1974, United States Code, title 45, section 231a(a)(1)(v); or new text end

new text begin (8) a former employee of the United States Postal Service receiving disability pay under United States Code, title 5, section 8337 new text end .

(b) A driver's license or Minnesota identification card bearing the applicable designation under section 171.07, subdivision 17, serves as satisfactory evidence to obtain a license under this subdivision at all agent locations.

Sec. 80.

Minnesota Statutes 2016, section 97A.473, subdivision 2, is amended to read:

Subd. 2.

Lifetime angling license; fee.

(a) A resident lifetime angling license authorizes a person to take fish by angling in the state. The license authorizes those activities authorized by the annual resident angling license. The license does not include a trout-and-salmon stamp validation, a walleye stamp validation, or other stamps required by law.

(b) The fees for a resident lifetime angling license are:

(1) age 3 and under, deleted text begin $304 deleted text end new text begin $344 new text end ;

(2) age 4 to age 15, deleted text begin $415 deleted text end new text begin $469 new text end ;

(3) age 16 to age 50, deleted text begin $508 deleted text end new text begin $574 new text end ; and

(4) age 51 and over, deleted text begin $335 deleted text end new text begin $379 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2018. new text end

Sec. 81.

Minnesota Statutes 2016, section 97A.473, subdivision 2a, is amended to read:

Subd. 2a.

Lifetime spearing license; fee.

(a) A resident lifetime spearing license authorizes a person to take fish by spearing in the state. The license authorizes those activities authorized by the annual resident spearing license.

(b) The fees for a resident lifetime spearing license are:

(1) age 3 and under, deleted text begin $77 deleted text end new text begin $90 new text end ;

(2) age 4 to age 15, deleted text begin $106 deleted text end new text begin $124 new text end ;

(3) age 16 to age 50, deleted text begin $100 deleted text end new text begin $117 new text end ; and

(4) age 51 and over, deleted text begin $52 deleted text end new text begin $61 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2018. new text end

Sec. 82.

Minnesota Statutes 2016, section 97A.473, subdivision 2b, is amended to read:

Subd. 2b.

Lifetime angling and spearing license; fee.

(a) A resident lifetime angling and spearing license authorizes a person to take fish by angling or spearing in the state. The license authorizes those activities authorized by the annual resident angling and spearing licenses.

(b) The fees for a resident lifetime angling and spearing license are:

(1) age 3 and under, deleted text begin $380 deleted text end new text begin $432 new text end ;

(2) age 4 to age 15, deleted text begin $509 deleted text end new text begin $579 new text end ;

(3) age 16 to age 50, deleted text begin $596 deleted text end new text begin $678 new text end ; and

(4) age 51 and over, deleted text begin $386 deleted text end new text begin $439 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2018. new text end

Sec. 83.

Minnesota Statutes 2016, section 97A.473, subdivision 4, is amended to read:

Subd. 4.

Lifetime deer-hunting license; fee.

(a) A resident lifetime deer-hunting license authorizes a person to take deer with firearms or by archery in the state. The license authorizes those activities authorized by the annual resident firearm deer-hunting license or the annual resident archery deer-hunting license. The licensee must register and receive tags each year that the license is used. The tags shall be issued at no charge to the licensee.

(b) The fees for a resident lifetime firearm or archery deer-hunting license are:

(1) age 3 and under, deleted text begin $406 deleted text end new text begin $458 new text end ;

(2) age 4 to age 15, deleted text begin $538 deleted text end new text begin $607 new text end ;

(3) age 16 to age 50, deleted text begin $656 deleted text end new text begin $741 new text end ; and

(4) age 51 and over, deleted text begin $468 deleted text end new text begin $528 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2018. new text end

Sec. 84.

Minnesota Statutes 2016, section 97A.473, subdivision 5, is amended to read:

Subd. 5.

Lifetime sporting license; fee.

(a) A resident lifetime sporting license authorizes a person to take fish by angling and hunt and trap small game, other than wolves, in the state. The license authorizes those activities authorized by the annual resident angling and resident small-game-hunting licenses and the resident trapping license for fur-bearing animals other than wolves. The license does not include a trout-and-salmon stamp validation, a turkey stamp validation, a walleye stamp validation, or any other hunting stamps required by law.

(b) The fees for a resident lifetime sporting license are:

(1) age 3 and under, deleted text begin $485 deleted text end new text begin $522 new text end ;

(2) age 4 to age 15, deleted text begin $659 deleted text end new text begin $710 new text end ;

(3) age 16 to age 50, deleted text begin $861 deleted text end new text begin $927 new text end ; and

(4) age 51 and over, deleted text begin $560 deleted text end new text begin $603 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2018. new text end

Sec. 85.

Minnesota Statutes 2016, section 97A.473, subdivision 5a, is amended to read:

Subd. 5a.

Lifetime sporting with spearing option license; fee.

(a) A resident lifetime sporting with spearing option license authorizes a person to take fish by angling or spearing and hunt and trap small game, other than wolves, in the state. The license authorizes those activities authorized by the annual resident angling, spearing, and resident small-game-hunting licenses and the resident trapping license for fur-bearing animals other than wolves. The license does not include a trout-and-salmon stamp validation, a turkey stamp validation, a walleye stamp validation, or any other hunting stamps required by law.

(b) The fees for a resident lifetime sporting with spearing option license are:

(1) age 3 and under, deleted text begin $562 deleted text end new text begin $612 new text end ;

(2) age 4 to age 15, deleted text begin $765 deleted text end new text begin $833 new text end ;

(3) age 16 to age 50, deleted text begin $961 deleted text end new text begin $1,046 new text end ; and

(4) age 51 and over, deleted text begin $612 deleted text end new text begin $666 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2018. new text end

Sec. 86.

Minnesota Statutes 2016, section 97A.474, subdivision 2, is amended to read:

Subd. 2.

Nonresident lifetime angling license; fee.

(a) A nonresident lifetime angling license authorizes a person to take fish by angling in the state. The license authorizes those activities authorized by the annual nonresident angling license. The license does not include a trout-and-salmon stamp validation, a walleye stamp validation, or other stamps required by law.

(b) The fees for a nonresident lifetime angling license are:

(1) age 3 and under, deleted text begin $726 deleted text end new text begin $821 new text end ;

(2) age 4 to age 15, deleted text begin $925 deleted text end new text begin $1,046 new text end ;

(3) age 16 to age 50, deleted text begin $1,054 deleted text end new text begin $1,191 new text end ; and

(4) age 51 and over, deleted text begin $702 deleted text end new text begin $794 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2018. new text end

Sec. 87.

Minnesota Statutes 2016, section 97A.475, subdivision 2, is amended to read:

Subd. 2.

Resident hunting.

Fees for the following licenses, to be issued to residents only, are:

(1) for persons age 18 or over and under age 65 to take small game, $15.50;

(2) for persons age 65 or over, $7 to take small game;

(3) for persons age 18 or over to take turkey, $26;

(4) for persons age 13 or over and under age 18 to take turkey, $5;

(5) for persons age 18 or over to take deer with firearms during the regular firearms season, deleted text begin $30 deleted text end new text begin $34 new text end ;

(6) for persons age 18 or over to take deer by archery, deleted text begin $30 deleted text end new text begin $34 new text end ;

(7) for persons age 18 or over to take deer by muzzleloader during the muzzleloader season, deleted text begin $30 deleted text end new text begin $34 new text end ;

(8) to take moose, for a party of not more than six persons, $356;

(9) for persons age 18 or over to take bear, $44;

(10) to take elk, for a party of not more than two persons, $287;

(11) to take Canada geese during a special season, $4;

(12) to take prairie chickens, $23;

(13) for persons age 13 or over and under age 18 to take deer with firearms during the regular firearms season, $5;

(14) for persons age 13 or over and under age 18 to take deer by archery, $5;

(15) for persons age 13 or over and under age 18 to take deer by muzzleloader during the muzzleloader season, $5;

(16) for persons age 10, 11, or 12 to take bear, no fee;

(17) for persons age 13 or over and under age 18 to take bear, $5;

(18) for persons age 18 or over to take small game for a consecutive 72-hour period selected by the licensee, $19, of which an amount equal to: one-half of the fee for the migratory-waterfowl stamp under subdivision 5, clause (1), shall be deposited in the waterfowl habitat improvement account under section 97A.075, subdivision 2; one-half of the fee for the pheasant stamp under subdivision 5, clause (2), shall be deposited in the pheasant habitat improvement account under section 97A.075, subdivision 4; and one-half of the small-game surcharge under subdivision 4, shall be deposited in the wildlife acquisition account;

(19) for persons age 16 or over and under age 18 to take small game, $5;

(20) to take wolf, $30;

(21) for persons age 12 and under to take turkey, no fee;

(22) for persons age 10, 11, or 12 to take deer by firearm, no fee;

(23) for persons age 10, 11, or 12 to take deer by archery, no fee; and

(24) for persons age 10, 11, or 12 to take deer by muzzleloader during the muzzleloader season, no fee.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2018. new text end

Sec. 88.

Minnesota Statutes 2016, section 97A.475, subdivision 3, is amended to read:

Subd. 3.

Nonresident hunting.

(a) Fees for the following licenses, to be issued to nonresidents, are:

(1) for persons age 18 or over to take small game, $90.50;

(2) for persons age 18 or over to take deer with firearms during the regular firearms season, deleted text begin $160 deleted text end new text begin $180 new text end ;

(3) for persons age 18 or over to take deer by archery, deleted text begin $160 deleted text end new text begin $180 new text end ;

(4) for persons age 18 or over to take deer by muzzleloader during the muzzleloader season, deleted text begin $160 deleted text end new text begin $180 new text end ;

(5) for persons age 18 or over to take bear, $225;

(6) for persons age 18 or over to take turkey, $91;

(7) for persons age 13 or over and under age 18 to take turkey, $5;

(8) to take raccoon or bobcat, $178;

(9) to take Canada geese during a special season, $4;

(10) for persons age 13 or over and under age 18 to take deer with firearms during the regular firearms season in any open season option or time period, $5;

(11) for persons age 13 or over and under age 18 to take deer by archery, $5;

(12) for persons age 13 or over and under age 18 to take deer during the muzzleloader season, $5;

(13) for persons age 13 or over and under 18 to take bear, $5;

(14) for persons age 18 or over to take small game for a consecutive 72-hour period selected by the licensee, $75, of which an amount equal to: one-half of the fee for the migratory-waterfowl stamp under subdivision 5, clause (1), shall be deposited in the waterfowl habitat improvement account under section 97A.075, subdivision 2; one-half of the fee for the pheasant stamp under subdivision 5, clause (2), shall be deposited in the pheasant habitat improvement account under section 97A.075, subdivision 4; and one-half of the small-game surcharge under subdivision 4, shall be deposited into the wildlife acquisition account;

(15) for persons age 16 or 17 to take small game, $5;

(16) to take wolf, $250;

(17) for persons age 12 and under to take turkey, no fee;

(18) for persons age ten, 11, or 12 to take deer by firearm, no fee;

(19) for persons age ten, 11, or 12 to take deer by archery, no fee;

(20) for persons age ten, 11, or 12 to take deer by muzzleloader during the muzzleloader season, no fee; and

(21) for persons age 10, 11, or 12 to take bear, no fee.

(b) A $5 surcharge shall be added to nonresident hunting licenses issued under paragraph (a), clauses (1) to (6) and (8). An additional commission may not be assessed on this surcharge.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2018. new text end

Sec. 89.

Minnesota Statutes 2016, section 97A.475, subdivision 6, is amended to read:

Subd. 6.

Resident fishing.

Fees for the following licenses, to be issued to residents only, are:

(1) for persons age 18 or over to take fish by angling, deleted text begin $22 deleted text end new text begin $25 new text end ;

(2) for persons age 18 or over to take fish by angling, for a combined license for a married couple, deleted text begin $35 deleted text end new text begin $40 new text end ;

(3) for persons age 18 or over to take fish by spearing from a dark house, deleted text begin $5 deleted text end new text begin $6 new text end , and the person must possess an angling license;

(4) for persons age 18 or over to take fish by angling for a 24-hour period selected by the licensee, deleted text begin $10 deleted text end new text begin $12 new text end ;

(5) for persons age 18 or over to take fish by angling for a consecutive 72-hour period selected by the licensee, deleted text begin $12 deleted text end new text begin $14 new text end ;

(6) for persons age 18 or over to take fish by angling for three consecutive years, deleted text begin $63 deleted text end new text begin $71 new text end ; and

(7) for persons age 16 or over and under age 18 to take fish by angling, $5.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2018. new text end

Sec. 90.

Minnesota Statutes 2016, section 97A.475, subdivision 7, is amended to read:

Subd. 7.

Nonresident fishing.

(a) Fees for the following licenses, to be issued to nonresidents, are:

(1) for persons age 18 or over to take fish by angling, deleted text begin $40 deleted text end new text begin $46 new text end ;

(2) for persons age 18 or over to take fish by angling limited to seven consecutive days selected by the licensee, deleted text begin $33 deleted text end new text begin $38 new text end ;

(3) for persons age 18 or over to take fish by angling for a consecutive 72-hour period selected by the licensee, deleted text begin $27 deleted text end new text begin $31 new text end ;

(4) for persons age 18 or over to take fish by angling for a combined license for a family for one or both parents and dependent children under the age of 16, deleted text begin $55 deleted text end new text begin $63 new text end ;

(5) for persons age 18 or over to take fish by angling for a 24-hour period selected by the licensee, deleted text begin $12 deleted text end new text begin $14 new text end ;

(6) to take fish by angling for a combined license for a married couple, limited to 14 consecutive days selected by one of the licensees, deleted text begin $43 deleted text end new text begin $49 new text end ;

(7) for persons age 18 or over to take fish by spearing from a dark house, deleted text begin $10 deleted text end new text begin $12 new text end , and the person must possess an angling license; and

(8) for persons age 16 or over and under age 18 to take fish by angling, $5.

(b) A $5 surcharge shall be added to all nonresident fishing licenses, except licenses issued under paragraph (a), clauses (5) and (8). An additional commission may not be assessed on this surcharge.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2018. new text end

Sec. 91.

Minnesota Statutes 2016, section 97A.475, subdivision 8, is amended to read:

Subd. 8.

Minnesota sporting; supersports.

(a) The commissioner shall issue Minnesota sporting licenses to residents only. The licensee may take fish by angling and small game. The fee for the license is:

(1) for an individual, deleted text begin $31.50 deleted text end new text begin $34.50 new text end ; and

(2) for a combined license for a married couple to take fish and for one spouse to take small game, deleted text begin $45.50 deleted text end new text begin $50.50 new text end .

(b) The commissioner shall issue Minnesota supersports licenses to residents only. The licensee may take fish by angling, including trout; small game, including pheasant and waterfowl; and deer by firearms or muzzleloader or by archery. The fee for the supersports license, including all required stamp validations is:

(1) for an individual age 18 or over, deleted text begin $86.50 deleted text end new text begin $93.50 new text end ; and

(2) for a combined license for a married couple to take fish, including the trout-and-salmon stamp validation, and for one spouse to take small game, including pheasant and waterfowl, and deer, deleted text begin $110.50 deleted text end new text begin $119.50 new text end .

(c) Revenue for the stamp endorsements under paragraph (b) shall be deposited according to section 97A.075, subdivisions 2, 3, and 4.

(d) Revenue for the deer license endorsement under paragraph (b) shall be deposited according to section 97A.075, subdivision 1.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2018. new text end

Sec. 92.

Minnesota Statutes 2016, section 97A.475, subdivision 45, is amended to read:

Subd. 45.

Camp Ripley archery deer hunt.

The application fee for the Camp Ripley archery deer hunt is deleted text begin $12 deleted text end new text begin $14 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2018. new text end

Sec. 93.

Minnesota Statutes 2016, section 97B.031, subdivision 6, is amended to read:

Subd. 6.

Scopes deleted text begin ; age 60 or over deleted text end .

A person deleted text begin age 60 or over deleted text end may use a muzzleloader with a scope to take deer during the muzzleloader season. The scope may have magnification capabilities.

Sec. 94.

Minnesota Statutes 2016, section 97B.071, is amended to read:

97B.071 deleted text begin BLAZE ORANGE deleted text end new text begin CLOTHING new text end REQUIREMENTS new text begin ; BLAZE ORANGE OR BLAZE PINK new text end .

(a) Except as provided in rules adopted under paragraph (c), a person may not hunt or trap during the open season where deer may be taken by firearms under applicable laws and ordinances, unless the visible portion of the person's cap and outer clothing above the waist, excluding sleeves and gloves, is blaze orange new text begin or blaze pink new text end . Blaze orange new text begin or blaze pink new text end includes a camouflage pattern of at least 50 percent blaze orange new text begin or blaze pink new text end within each foot square. This section does not apply to migratory-waterfowl hunters on waters of this state or in a stationary shooting location or to trappers on waters of this state.

(b) Except as provided in rules adopted under paragraph (c), and in addition to the requirement in paragraph (a), a person may not take small game other than turkey, migratory birds, raccoons, and predators, except while trapping, unless a visible portion of at least one article of the person's clothing above the waist is blaze orange new text begin or blaze pink new text end . This paragraph does not apply to a person when in a stationary location while hunting deer by archery or when hunting small game by falconry.

(c) The commissioner may, by rule, prescribe an alternative color in cases where paragraph (a) or (b) would violate the Religious Freedom Restoration Act of 1993, Public Law 103-141.

(d) A violation of paragraph (b) shall not result in a penalty, but is punishable only by a safety warning.

Sec. 95.

Minnesota Statutes 2016, section 97B.405, is amended to read:

97B.405 COMMISSIONER MAY LIMIT NUMBER OF BEAR HUNTERS.

(a) The commissioner may limit the number of persons that may hunt bear in an area, if it is necessary to prevent an overharvest or improve the distribution of hunters. The commissioner may establish, by rule, a method, including a drawing, to impartially select the hunters for an area. The commissioner shall give preference to hunters that have previously applied and have not been selected.

new text begin (b) If the commissioner limits the number of persons that may hunt bear in an area under paragraph (a), the commissioner must reserve one permit and give first preference for that permit to a resident of a Minnesota veterans home. new text end

deleted text begin (b) deleted text end new text begin (c) new text end A person selected through a drawing must purchase a license by August 1. Any remaining available licenses not purchased shall be issued to any eligible person as prescribed by the commissioner on a first-come, first-served basis beginning three business days after August 1.

Sec. 96.

Minnesota Statutes 2016, section 97B.431, is amended to read:

97B.431 BEAR-HUNTING OUTFITTERS.

(a) A person may not place bait for bear, or guide hunters to take bear, for compensation without a bear-hunting-outfitter license. A bear-hunting outfitter is not required to have a license to take bear unless the outfitter is attempting to shoot a bear. The commissioner shall adopt rules for qualifications for issuance and administration of the licenses.

(b) The commissioner shall establish a resident master bear-hunting-outfitter license under which one person serves as the bear-hunting outfitter and one other person is eligible to guide and bait bear. Additional persons may be added to the license and are eligible to guide and bait bear under the license, provided the additional fee under section 97A.475, subdivision 16, is paid for each person added. The commissioner shall adopt rules for qualifications for issuance and administration of the licenses new text begin . The commissioner must not require a person to have certification or training in first aid or CPR to be eligible for a license under this section new text end .

Sec. 97.

Minnesota Statutes 2016, section 97B.516, is amended to read:

97B.516 ELK MANAGEMENT PLAN.

(a) The commissioner of natural resources must adopt an elk management plan that:

(1) recognizes the value and uniqueness of elk;

(2) provides for integrated management of an elk population in harmony with the environment; and

(3) affords optimum recreational opportunities.

(b) Notwithstanding paragraph (a), the commissioner must not manage an elk herd new text begin in Kittson, Roseau, Marshall, or Beltrami Counties new text end in a manner that would increase the size of the herd, including adoption or implementation of an elk management plan designed to increase an elk herd, unless the commissioner of agriculture verifies that crop and fence damages paid under section 3.7371 and attributed to the herd have not increased for at least two years.

(c) At least 60 days prior to implementing a plan to increase an elk herd, the commissioners of natural resources and agriculture must hold a joint public meeting in the county where the elk herd to be increased is located. At the meeting, the commissioners must present evidence that crop and fence damages have not increased in the prior two years and must detail the practices that will be used to reduce elk conflicts with area landowners.

Sec. 98.

Minnesota Statutes 2016, section 97B.655, subdivision 1, is amended to read:

Subdivision 1.

Owners and occupants may take certain animals.

A person new text begin or the person's agent new text end may take new text begin bats, snakes, salamanders, lizards, weasel, new text end mink, squirrel, rabbit, hare, raccoon, bobcat, fox, opossum, muskrat, or beaver on land owned or occupied by the person where the animal is causing damage. The person new text begin or the person's agent new text end may take the animal without a license and in any manner except by deleted text begin poison, or deleted text end artificial lights in the closed season new text begin or by poison new text end . Raccoons may be taken under this subdivision with artificial lights during open season. A person deleted text begin that deleted text end new text begin or the person's agent who new text end kills mink, raccoon, bobcat, fox, opossum, muskrat, or beaver under this subdivision must notify a conservation officer or employee of the Fish and Wildlife Division within 24 hours after the animal is killed.

Sec. 99.

Minnesota Statutes 2016, section 97C.081, subdivision 3, is amended to read:

Subd. 3.

Contests requiring a permit.

(a) Unless subdivision 3a applies, a person must have a permit from the commissioner to conduct a fishing contest if:

(1) there are more than 25 boats for open water contests, more than 150 participants for ice fishing contests, or more than 100 participants for shore fishing contests;

(2) entry fees are more than $25 per person; or

(3) the contest is limited to trout species.

(b) The commissioner shall charge a fee for the permit that recovers the costs of issuing the permit and of monitoring the activities allowed by the permit. Notwithstanding section 16A.1283, the commissioner may, by written order published in the State Register, establish contest permit fees. The fees are not subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply.

(c) The commissioner may require the applicant to furnish evidence of financial responsibility in the form of a surety bond or bank letter of credit in the amount of $25,000 if entry fees are over $25 per person, or total prizes are valued at more than $25,000, and if the applicant has either:

(1) not previously conducted a fishing contest requiring a permit under this subdivision; or

(2) ever failed to make required prize awards in a fishing contest conducted by the applicant.

(d) The permit fee for any individual contest may not exceed the following amounts:

(1) deleted text begin $60 deleted text end new text begin $70 new text end for an open water contest not exceeding 50 boats and without off-site weigh-in;

(2) deleted text begin $200 deleted text end new text begin $225 new text end for an open water contest with more than 50 boats and without off-site weigh-in;

(3) deleted text begin $250 deleted text end new text begin $280 new text end for an open water contest not exceeding 50 boats with off-site weigh-in;

(4) deleted text begin $500 deleted text end new text begin $560 new text end for an open water contest with more than 50 boats with off-site weigh-in; or

(5) deleted text begin $120 deleted text end new text begin $135 new text end for an ice fishing contest with more than 150 participants.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2018. new text end

Sec. 100.

Minnesota Statutes 2016, section 97C.355, subdivision 2, is amended to read:

Subd. 2.

License required.

(a) A person may not deleted text begin leave deleted text end new text begin place new text end a dark house, fish house, or shelter deleted text begin unattended deleted text end new text begin , except a portable shelter, new text end on the ice deleted text begin at any time between midnight and one hour before sunrise deleted text end unless:

(1) the house or shelter is licensed; and

(2) has the license tag attached to the exterior in a readily visible location, except as provided in this subdivision.

(b) The commissioner must issue a tag with a dark house, fish house, or shelter license, marked with a number to correspond with the license and the year of issue. A dark house, fish house, or shelter license is not required of a resident on boundary waters where the adjacent state does not charge a fee for the same activity.

Sec. 101.

Minnesota Statutes 2016, section 97C.355, subdivision 2a, is amended to read:

Subd. 2a.

Portable shelters.

new text begin (a) new text end A person using a portable shelter that is not identified under subdivision 1 new text begin may not leave the portable shelter unattended between midnight and sunrise and new text end must remain within 200 feet of the shelter while the shelter is on the ice of state waters.

new text begin (b) If a person leaves the portable shelter unattended any time between midnight and one hour before sunrise or is not within 200 feet of the portable shelter, the portable shelter must be licensed as provided under subdivision 2. new text end

Sec. 102.

Minnesota Statutes 2016, section 97C.401, subdivision 2, is amended to read:

Subd. 2.

Walleye deleted text begin ; northern pike deleted text end .

deleted text begin (a) Except as provided in paragraph (b), deleted text end A person may have no more than one walleye larger than 20 inches deleted text begin and one northern pike larger than 30 inches deleted text end in possession. new text begin This subdivision does not apply to boundary waters. new text end

deleted text begin (b) The restrictions in paragraph (a) do not apply to boundary waters. deleted text end

Sec. 103.

Minnesota Statutes 2016, section 97C.501, subdivision 1, is amended to read:

Subdivision 1.

Minnow retailers.

(a) A person may not be a minnow retailer without a minnow retailer license except as provided in subdivisions 2, paragraph (d), and 3. A person must purchase a minnow retailer license for each minnow retail outlet operated, except as provided by subdivision 2, paragraph (d).

(b) A minnow retailer must obtain a minnow retailer's vehicle license for each motor vehicle used by the minnow retailer to transport more than 12 dozen minnows to the minnow retailer's place of business deleted text begin , except as provided in subdivision 3 deleted text end . A minnow retailer is not required to obtain a minnow retailer's vehicle license new text begin : new text end

new text begin (1) as provided in subdivision 3; new text end

new text begin (2) if the minnow retailer is licensed as a resort under section 157.16, is transporting minnows purchased from a minnow dealer's place of business directly to the resort, possesses a detailed receipt, including the date and time of purchase, and presents the receipt and minnows for inspection upon request; or new text end

new text begin (3) new text end if minnows are being transported by common carrier and information is provided that allows the commissioner to find out the location of the shipment in the state.

Sec. 104.

Minnesota Statutes 2016, section 97C.701, is amended by adding a subdivision to read:

new text begin Subd. 7. new text end

new text begin Harvesting mussel shells. new text end

new text begin Live mussels may not be harvested. A person possessing a valid resident or nonresident angling license or a person not required to have an angling license to take fish may take and possess at any time, for personal use only, not more than 24 whole shells or 48 shell halves of dead freshwater mussels. Mussel shells may be harvested in waters of the state where fish may be taken by angling. Mussel shells must be harvested by hand-picking only and may not be purchased or sold. new text end

Sec. 105.

Minnesota Statutes 2016, section 103F.48, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) For the purposes of this section, the following terms have the meanings given them.

(b) "Board" means the Board of Water and Soil Resources.

(c) "Buffer" means an area consisting of perennial vegetation, excluding invasive plants and noxious weeds, adjacent to all bodies of water within the state and that protects the water resources of the state from runoff pollution; stabilizes soils, shores, and banks; and protects or provides riparian corridors.

(d) "Buffer protection map" means buffer maps established and maintained by the commissioner of natural resources.

(e) "Commissioner" means the commissioner of natural resources.

(f) "Executive director" means the executive director of the Board of Water and Soil Resources.

(g) "Local water management authority" means a watershed district, metropolitan water management organization, or county operating separately or jointly in its role as local water management authority under chapter 103B or 103D.

(h) "Normal water level" means the level evidenced by the long-term presence of surface water as indicated directly by hydrophytic plants or hydric soils or indirectly determined via hydrological models or analysis.

(i) "Public waters" deleted text begin has the meaning given in section 103G.005, subdivision 15. The term deleted text end new text begin means new text end public waters deleted text begin as used in this section applies to waters deleted text end that are on the public waters inventory as provided in section 103G.201.

(j) "With jurisdiction" means a board determination that the county or watershed district has adopted a rule, ordinance, or official controls providing procedures for the issuance of administrative penalty orders, enforcement, and appeals for purposes of this section and section 103B.101, subdivision 12a.

Sec. 106.

Minnesota Statutes 2016, section 103F.48, subdivision 3, is amended to read:

Subd. 3.

Water resources riparian protection requirements on public waters and public drainage systems.

(a) Except as provided in paragraph (b), landowners owning property adjacent to a water body identified and mapped on a buffer protection map must maintain a buffer to protect the state's water resources as follows:

(1) for all public waters, the more restrictive of:

(i) a 50-foot average width, 30-foot minimum width, continuous buffer of perennially rooted vegetation; or

(ii) the state shoreland standards and criteria adopted by the commissioner under section 103F.211; and

(2) for public drainage systems established under chapter 103E , a 16.5-foot minimum width continuous buffer as provided in section 103E.021, subdivision 1. The buffer vegetation shall not impede future maintenance of the ditch.

(b) A landowner owning property adjacent to a water body identified in a buffer protection map and whose property is used for cultivation farming may meet the requirements under paragraph (a) by adopting an alternative riparian water quality practice, or combination of structural, vegetative, and management practices, based on the Natural Resources Conservation Service Field Office Technical Guide deleted text begin or deleted text end new text begin , common alternative practices adopted and published by the board, new text end other practices approved by the board, new text begin or practices based on local conditions approved by the local soil and water conservation district that are consistent with the Field Office Technical Guide, new text end that provide water quality protection comparable to the buffer protection for the water body that the property abuts. Included in these practices are retention ponds and alternative measures that prevent overland flow to the water resource.

(c) The width of a buffer on public waters must be measured from the top or crown of the bank. Where there is no defined bank, measurement must be from the edge of the normal water level. The width of the buffer on public drainage systems must be measured as provided in section 103E.021, subdivision 1.

(d) Upon request by a landowner or authorized agent or operator of a landowner, a technical professional employee or contractor of the soil and water conservation district or its delegate may issue a validation of compliance with the requirements of this subdivision. The soil and water conservation district validation may be appealed to the board as described in subdivision 9.

(e) Buffers or alternative water quality practices required under paragraph (a) or (b) must be in place on or before:

(1) November 1, 2017, for public waters; and

(2) November 1, 2018, for public drainage systems.

(f) Nothing in this section limits the eligibility of a landowner or authorized agent or operator of a landowner to participate in federal or state conservation programs, including enrolling or reenrolling in federal conservation programs.

new text begin (g) After the effective date of this section, a person planting buffers or water quality protection practices to meet the requirements in paragraph (a) must use only seed mixes verified by the Department of Agriculture as consistent with chapter 18G or 21 to prevent contamination with Palmer amaranth or other noxious weed seeds. new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 107.

Minnesota Statutes 2016, section 103G.005, is amended by adding a subdivision to read:

new text begin Subd. 8a. new text end

new text begin Constructed management facilities for storm water. new text end

new text begin "Constructed management facilities for storm water" means ponds, basins, holding tanks, cisterns, infiltration trenches and swales, or other best management practices that have been designed, constructed, and operated to store or treat storm water in accordance with local, state, or federal requirements. new text end

Sec. 108.

Minnesota Statutes 2016, section 103G.005, subdivision 10b, is amended to read:

Subd. 10b.

Greater than 80 percent area.

"Greater than 80 percent area" means a county deleted text begin or deleted text end new text begin , new text end watershed new text begin , or, for purposes of wetland replacement, bank service area new text end where 80 percent or more of the presettlement wetland acreage is intact and:

(1) ten percent or more of the current total land area is wetland; or

(2) 50 percent or more of the current total land area is state or federal land.

new text begin EFFECTIVE DATE. new text end

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

Sec. 109.

Minnesota Statutes 2016, section 103G.005, subdivision 10h, is amended to read:

Subd. 10h.

Less than 50 percent area.

"Less than 50 percent area" means a county deleted text begin or deleted text end new text begin , new text end watershed new text begin , or, for purposes of wetland replacement, bank service area new text end with less than 50 percent of the presettlement wetland acreage intact or any county deleted text begin or deleted text end new text begin , new text end watershed new text begin , or bank service area new text end not defined as a "greater than 80 percent area" or "50 to 80 percent area."

new text begin EFFECTIVE DATE. new text end

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

Sec. 110.

Minnesota Statutes 2016, section 103G.222, subdivision 1, is amended to read:

Subdivision 1.

Requirements.

(a) Wetlands must not be drained or filled, wholly or partially, unless replaced by actions that provide at least equal public value under a replacement plan approved as provided in section 103G.2242, a replacement plan under a local governmental unit's comprehensive wetland protection and management plan approved by the board under section 103G.2243, or, if a permit to mine is required under section 93.481, under a mining reclamation plan approved by the commissioner under the permit to mine. new text begin Project-specific wetland replacement plans submitted as part of a project for which a permit to mine is required and approved by the commissioner on or after July 1, 1991, may include surplus wetland credits to be allocated by the commissioner to offset future mining-related wetland impacts under any permits to mine held by the permittee, the operator, the permittee's or operator's parent, an affiliated subsidiary, or an assignee pursuant to an assignment under section 93.481, subdivision 5. new text end For project-specific wetland replacement completed prior to wetland impacts authorized or conducted under a permit to mine within the Great Lakes and Rainy River watershed basins, those basins shall be considered a single watershed for purposes of determining wetland replacement ratios. Mining reclamation plans shall apply the same principles and standards for replacing wetlands that are applicable to mitigation plans approved as provided in section 103G.2242. new text begin The commissioner must provide notice of an application for wetland replacement under a permit to mine to the county in which the impact is proposed and the county in which a mitigation site is proposed. new text end Public value must be determined in accordance with section 103B.3355 or a comprehensive wetland protection and management plan established under section 103G.2243. Sections 103G.221 to 103G.2372 also apply to excavation in permanently and semipermanently flooded areas of types 3, 4, and 5 wetlands.

(b) Replacement must be guided by the following principles in descending order of priority:

(1) avoiding the direct or indirect impact of the activity that may destroy or diminish the wetland;

(2) minimizing the impact by limiting the degree or magnitude of the wetland activity and its implementation;

(3) rectifying the impact by repairing, rehabilitating, or restoring the affected wetland environment;

(4) reducing or eliminating the impact over time by preservation and maintenance operations during the life of the activity;

(5) compensating for the impact by restoring a wetland; and

(6) compensating for the impact by replacing or providing substitute wetland resources or environments.

For a project involving the draining or filling of wetlands in an amount not exceeding 10,000 square feet more than the applicable amount in section 103G.2241, subdivision 9, paragraph (a), the local government unit may make an on-site sequencing determination without a written alternatives analysis from the applicant.

(c) If a wetland is located in a cultivated field, then replacement must be accomplished through restoration only without regard to the priority order in paragraph (b), provided that the altered wetland is not converted to a nonagricultural use for at least ten years.

(d) If a wetland is replaced under paragraph (c), or drained under section 103G.2241, subdivision 2, paragraph (b) or (e), the local government unit may require a deed restriction that prohibits nonagricultural use for at least ten years. The local government unit may require the deed restriction if it determines the wetland area drained is at risk of conversion to a nonagricultural use within ten years based on the zoning classification, proximity to a municipality or full service road, or other criteria as determined by the local government unit.

(e) Restoration and replacement of wetlands must be accomplished in accordance with the ecology of the landscape area affected and ponds that are created primarily to fulfill storm water management, and water quality treatment requirements may not be used to satisfy replacement requirements under this chapter unless the design includes pretreatment of runoff and the pond is functioning as a wetland.

(f) Except as provided in paragraph (g), for a wetland or public waters wetland located on nonagricultural land, replacement must be in the ratio of two acres of replaced wetland for each acre of drained or filled wetland.

(g) For a wetland or public waters wetland located on agricultural land or in a greater than 80 percent area, replacement must be in the ratio of one acre of replaced wetland for each acre of drained or filled wetland.

(h) Wetlands that are restored or created as a result of an approved replacement plan are subject to the provisions of this section for any subsequent drainage or filling.

(i) Except in a greater than 80 percent area, only wetlands that have been restored from previously drained or filled wetlands, wetlands created by excavation in nonwetlands, wetlands created by dikes or dams along public or private drainage ditches, or wetlands created by dikes or dams associated with the restoration of previously drained or filled wetlands may be used for wetland replacement according to rules adopted under section 103G.2242, subdivision 1. Modification or conversion of nondegraded naturally occurring wetlands from one type to another are not eligible for wetland replacement.

(j) The Technical Evaluation Panel established under section 103G.2242, subdivision 2, shall ensure that sufficient time has occurred for the wetland to develop wetland characteristics of soils, vegetation, and hydrology before recommending that the wetland be deposited in the statewide wetland bank. If the Technical Evaluation Panel has reason to believe that the wetland characteristics may change substantially, the panel shall postpone its recommendation until the wetland has stabilized.

(k) This section and sections 103G.223 to 103G.2242, 103G.2364, and 103G.2365 apply to the state and its departments and agencies.

(l) For projects involving draining or filling of wetlands associated with a new public transportation project, and for projects expanded solely for additional traffic capacity, public transportation authorities may purchase credits from the board at the cost to the board to establish credits. Proceeds from the sale of credits provided under this paragraph are appropriated to the board for the purposes of this paragraph. For the purposes of this paragraph, "transportation project" does not include an airport project.

(m) A replacement plan for wetlands is not required for individual projects that result in the filling or draining of wetlands for the repair, rehabilitation, reconstruction, or replacement of a currently serviceable existing state, city, county, or town public road necessary, as determined by the public transportation authority, to meet state or federal design or safety standards or requirements, excluding new roads or roads expanded solely for additional traffic capacity lanes. This paragraph only applies to authorities for public transportation projects that:

(1) minimize the amount of wetland filling or draining associated with the project and consider mitigating important site-specific wetland functions on site;

(2) except as provided in clause (3), submit project-specific reports to the board, the Technical Evaluation Panel, the commissioner of natural resources, and members of the public requesting a copy at least 30 days prior to construction that indicate the location, amount, and type of wetlands to be filled or drained by the project or, alternatively, convene an annual meeting of the parties required to receive notice to review projects to be commenced during the upcoming year; and

(3) for minor and emergency maintenance work impacting less than 10,000 square feet, submit project-specific reports, within 30 days of commencing the activity, to the board that indicate the location, amount, and type of wetlands that have been filled or drained.

Those required to receive notice of public transportation projects may appeal minimization, delineation, and on-site mitigation decisions made by the public transportation authority to the board according to the provisions of section 103G.2242, subdivision 9. The Technical Evaluation Panel shall review minimization and delineation decisions made by the public transportation authority and provide recommendations regarding on-site mitigation if requested to do so by the local government unit, a contiguous landowner, or a member of the Technical Evaluation Panel.

Except for state public transportation projects, for which the state Department of Transportation is responsible, the board must replace the wetlands, and wetland areas of public waters if authorized by the commissioner or a delegated authority, drained or filled by public transportation projects on existing roads.

Public transportation authorities at their discretion may deviate from federal and state design standards on existing road projects when practical and reasonable to avoid wetland filling or draining, provided that public safety is not unreasonably compromised. The local road authority and its officers and employees are exempt from liability for any tort claim for injury to persons or property arising from travel on the highway and related to the deviation from the design standards for construction or reconstruction under this paragraph. This paragraph does not preclude an action for damages arising from negligence in construction or maintenance on a highway.

(n) If a landowner seeks approval of a replacement plan after the proposed project has already affected the wetland, the local government unit may require the landowner to replace the affected wetland at a ratio not to exceed twice the replacement ratio otherwise required.

(o) A local government unit may request the board to reclassify a county or watershed on the basis of its percentage of presettlement wetlands remaining. After receipt of satisfactory documentation from the local government, the board shall change the classification of a county or watershed. If requested by the local government unit, the board must assist in developing the documentation. Within 30 days of its action to approve a change of wetland classifications, the board shall publish a notice of the change in the Environmental Quality Board Monitor.

(p) One hundred citizens who reside within the jurisdiction of the local government unit may request the local government unit to reclassify a county or watershed on the basis of its percentage of presettlement wetlands remaining. In support of their petition, the citizens shall provide satisfactory documentation to the local government unit. The local government unit shall consider the petition and forward the request to the board under paragraph (o) or provide a reason why the petition is denied.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 1991. new text end

Sec. 111.

Minnesota Statutes 2016, section 103G.222, subdivision 3, is amended to read:

Subd. 3.

Wetland replacement siting.

(a) deleted text begin Impacted wetlands in a 50 to deleted text end new text begin Impacted wetlands outside of a greater than new text end 80 percent area must new text begin not new text end be replaced in a deleted text begin 50 to deleted text end new text begin greater than new text end 80 percent area deleted text begin or in a less than 50 percent area. Impacted wetlands in a less than 50 percent area must be replaced in a less than 50 percent area deleted text end . All wetland replacement must follow this priority order:

(1) deleted text begin on site or deleted text end in the same minor watershed as the impacted wetland;

(2) in the same watershed as the impacted wetland;

(3) in the same deleted text begin county or deleted text end wetland bank service area as the impacted wetland; and

(4) in another wetland bank service area.

(b) Notwithstanding paragraph (a), wetland banking credits approved according to a complete wetland banking application submitted to a local government unit by April 1, 1996, may be used to replace wetland impacts resulting from public transportation projects statewide.

(c) Notwithstanding paragraph (a), clauses (1) and (2), the priority order for replacement by wetland banking begins at paragraph (a), clause (3), according to rules adopted under section 103G.2242, subdivision 1.

(d) When reasonable, practicable, and environmentally beneficial replacement opportunities are not available in siting priorities listed in paragraph (a), the applicant may seek opportunities at the next level.

(e) For the purposes of this section, "reasonable, practicable, and environmentally beneficial replacement opportunities" are defined as opportunities that:

(1) take advantage of naturally occurring hydrogeomorphological conditions and require minimal landscape alteration;

(2) have a high likelihood of becoming a functional wetland that will continue in perpetuity;

(3) do not adversely affect other habitat types or ecological communities that are important in maintaining the overall biological diversity of the area; and

(4) are available and capable of being done after taking into consideration cost, existing technology, and logistics consistent with overall project purposes.

(f) Regulatory agencies, local government units, and other entities involved in wetland restoration shall collaborate to identify potential replacement opportunities within their jurisdictional areas.

(g) The board must establish wetland replacement ratios and wetland bank service area priorities to implement the siting and targeting of wetland replacement and encourage the use of high priority areas for wetland replacement.

new text begin (h) Wetland replacement sites identified in accordance with the priority order for replacement siting in paragraph (a) as part of the completion of an adequate environmental impact statement may be approved for a replacement plan under section 93.481, 103G.2242, or 103G.2243 without further modification related to the priority order, notwithstanding availability of new mitigation sites or availability of credits after completion of an adequate environmental impact statement. Wetland replacement plan applications must be submitted within one year of the adequacy determination of the environmental impact statement to be eligible for approval under this paragraph. new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 112.

Minnesota Statutes 2016, section 103G.223, is amended to read:

103G.223 CALCAREOUS FENS.

new text begin (a) new text end Calcareous fens, as identified by the commissioner by written order published in the State Register, may not be filled, drained, or otherwise degraded, wholly or partially, by any activity, unless the commissioner, under an approved management plan, decides some alteration is necessary new text begin or as provided in paragraph (b) new text end . Identifications made by the commissioner are not subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply.

new text begin (b) The commissioner may allow water appropriations that result in temporary reductions in groundwater resources on a seasonal basis under an approved calcareous fen management plan. new text end

Sec. 113.

Minnesota Statutes 2016, section 103G.2242, subdivision 1, is amended to read:

Subdivision 1.

Rules.

(a) The board, in consultation with the commissioner, shall adopt rules governing the approval of wetland value replacement plans under this section and public-waters-work permits affecting public waters wetlands under section 103G.245. These rules must address the criteria, procedure, timing, and location of acceptable replacement of wetland values and may address the state establishment and administration of a wetland banking program for public and private projects, including provisions for an in-lieu fee program; the administrative, monitoring, and enforcement procedures to be used; and a procedure for the review and appeal of decisions under this section. In the case of peatlands, the replacement plan rules must consider the impact on carbon. Any in-lieu fee program established by the board must conform with Code of Federal Regulations, title 33, section 332.8, as amended.

(b) After the adoption of the rules, a replacement plan must be approved by a resolution of the governing body of the local government unit, consistent with the provisions of the rules or a comprehensive wetland protection and management plan approved under section 103G.2243.

(c) If the local government unit fails to apply the rules, or fails to implement a local comprehensive wetland protection and management plan established under section 103G.2243, the government unit is subject to penalty as determined by the board.

new text begin (d) When making a determination under rules adopted pursuant to this subdivision on whether a rare natural community will be permanently adversely affected, consideration of measures to mitigate any adverse effect on the community must be considered. new text end

Sec. 114.

Minnesota Statutes 2016, section 103G.2242, subdivision 2, is amended to read:

Subd. 2.

Evaluation.

(a) Questions concerning the public value, location, size, or type of a wetland shall be submitted to and determined by a Technical Evaluation Panel after an on-site inspection. The Technical Evaluation Panel shall be composed of a technical professional employee of the board, a technical professional employee of the local soil and water conservation district or districts, a technical professional with expertise in water resources management appointed by the local government unit, and a technical professional employee of the Department of Natural Resources for projects affecting public waters or wetlands adjacent to public waters. The panel shall use the "United States Army Corps of Engineers Wetland Delineation Manual" (January 1987), including updates, supplementary guidance, and replacements, if any, "Wetlands of the United States" (United States Fish and Wildlife Service Circular 39, 1971 edition), and "Classification of Wetlands and Deepwater Habitats of the United States" (1979 edition). The panel shall provide the wetland determination and recommendations on other technical matters to the local government unit that must approve a replacement plan, sequencing, exemption determination, no-loss determination, or wetland boundary or type determination and may recommend approval or denial of the plan. The authority must consider and include the decision of the Technical Evaluation Panel in their approval or denial of a plan or determination.

new text begin (b) A member of the Technical Evaluation Panel that has a financial interest in a wetland bank or management responsibility to sell or make recommendations in their official capacity to sell credits from a publicly owned wetland bank must disclose that interest, in writing, to the Technical Evaluation Panel and the local government unit. new text end

deleted text begin (b) deleted text end new text begin (c) new text end Persons conducting wetland or public waters boundary delineations or type determinations are exempt from the requirements of chapter 326. The board may develop a professional wetland delineator certification program.

deleted text begin (c) deleted text end new text begin (d) new text end The board must establish an interagency team to assist in identifying and evaluating potential wetland replacement sites. The team must consist of members of the Technical Evaluation Panel and representatives from the Department of Natural Resources; the Pollution Control Agency; the United States Army Corps of Engineers, St. Paul district; and other organizations as determined by the board.

Sec. 115.

Minnesota Statutes 2016, section 103G.2372, subdivision 1, is amended to read:

Subdivision 1.

Authority; orders.

(a) The commissioner of natural resources, conservation officers, and peace officers shall enforce laws preserving and protecting groundwater quantity, wetlands, and public waters. The commissioner of natural resources, a conservation officer, or a peace officer may issue a cease and desist order to stop any illegal activity adversely affecting groundwater quantity, a wetland, or public waters.

(b) In the order, or by separate order, the commissioner, conservation officer, or peace officer may require restoration or replacement of the wetland or public waters, as determined by the local soil and water conservation district for wetlands and the commissioner of natural resources for public waters. Restoration or replacement orders may be recorded or filed in the office of the county recorder or registrar of titles, as appropriate, in the county where the real property is located by the commissioner of natural resources, conservation officers, or peace officers as a deed restriction on the property that runs with the land and is binding on the owners, successors, and assigns until the conditions of the order are met or the order is rescinded. Notwithstanding section 386.77, the agency shall pay the applicable filing fee for any document filed under this section.

new text begin (c) If a court has ruled that there has not been a violation of the restoration or replacement order, an order may not be recorded or filed under this section. new text end

new text begin (d) The commissioner must remove a deed restriction filed or recorded under this section on homesteaded property if the owner requests that it be removed and a court has found that the owner of the property is not guilty or that there has not been a violation of the restoration or replacement order. Within 30 days of receiving the request for removal from the owner, the commissioner must contact, in writing, the office of the county recorder or registrar of titles where the order is recorded or filed, along with all applicable fees, and have the order removed. Within 30 days of receiving notification from the office of the county recorder or registrar of titles that the order has been removed, the commissioner must inform the owner that the order has been removed and provide the owner with a copy of any documentation provided by the office of the county recorder or registrar of titles. new text end

Sec. 116.

Minnesota Statutes 2016, section 103G.271, subdivision 1, is amended to read:

Subdivision 1.

Permit required.

(a) Except as provided in paragraph (b), the state, a person, partnership, or association, private or public corporation, county, municipality, or other political subdivision of the state may not appropriate or use waters of the state without a water-use permit from the commissioner.

(b) This section does not apply to new text begin the following water uses: new text end

new text begin (1) new text end use for a water supply by less than 25 persons for domestic purposes, except as required by the commissioner under section 103G.287, subdivision 4, paragraph (b) deleted text begin . deleted text end new text begin ; new text end

new text begin (2) nonconsumptive diversion of a surface water of the state from its natural channel for the production of hydroelectric or hydromechanical power at structures that were in existence on and before July 1, 1937, including repowering, upgrades, or additions to those facilities; or new text end

new text begin (3) appropriation or use of storm water collected and used to reduce storm-water runoff volume, treat storm water, or sustain groundwater supplies when water is extracted from constructed management facilities for storm water. new text end

(c) The commissioner may issue a state general permit for appropriation of water to a governmental subdivision or to the general public. The general permit may authorize more than one project and the appropriation or use of more than one source of water. Water-use permit processing fees and reports required under subdivision 6 and section 103G.281, subdivision 3, are required for each project or water source that is included under a general permit, except that no fee is required for uses totaling less than 15,000,000 gallons annually.

Sec. 117.

Minnesota Statutes 2016, section 103G.271, subdivision 6, is amended to read:

Subd. 6.

Water-use permit processing fee.

(a) Except as described in paragraphs (b) to (g), a water-use permit processing fee must be prescribed by the commissioner in accordance with the schedule of fees in this subdivision for each water-use permit in force at any time during the year. Fees collected under this paragraph are credited to the water management account in the natural resources fund. The schedule is as follows, with the stated fee in each clause applied to the total amount appropriated:

(1) $140 for amounts not exceeding 50,000,000 gallons per year;

(2) $3.50 per 1,000,000 gallons for amounts greater than 50,000,000 gallons but less than 100,000,000 gallons per year;

(3) $4 per 1,000,000 gallons for amounts greater than 100,000,000 gallons but less than 150,000,000 gallons per year;

(4) $4.50 per 1,000,000 gallons for amounts greater than 150,000,000 gallons but less than 200,000,000 gallons per year;

(5) $5 per 1,000,000 gallons for amounts greater than 200,000,000 gallons but less than 250,000,000 gallons per year;

(6) $5.50 per 1,000,000 gallons for amounts greater than 250,000,000 gallons but less than 300,000,000 gallons per year;

(7) $6 per 1,000,000 gallons for amounts greater than 300,000,000 gallons but less than 350,000,000 gallons per year;

(8) $6.50 per 1,000,000 gallons for amounts greater than 350,000,000 gallons but less than 400,000,000 gallons per year;

(9) $7 per 1,000,000 gallons for amounts greater than 400,000,000 gallons but less than 450,000,000 gallons per year;

(10) $7.50 per 1,000,000 gallons for amounts greater than 450,000,000 gallons but less than 500,000,000 gallons per year; and

(11) $8 per 1,000,000 gallons for amounts greater than 500,000,000 gallons per year.

(b) For once-through cooling systems, a water-use processing fee must be prescribed by the commissioner in accordance with the following schedule of fees for each water-use permit in force at any time during the year:

(1) for nonprofit corporations and school districts, $200 per 1,000,000 gallons; and

(2) for all other users, $420 per 1,000,000 gallons.

(c) The fee is payable based on the amount of water appropriated during the year and, except as provided in paragraph (f), the minimum fee is $100.

(d) For water-use processing fees other than once-through cooling systems:

(1) the fee for a city of the first class may not exceed $250,000 per year;

(2) the fee for other entities for any permitted use may not exceed:

(i) $60,000 per year for an entity holding three or fewer permits;

(ii) $90,000 per year for an entity holding four or five permits; or

(iii) $300,000 per year for an entity holding more than five permits;

(3) the fee for agricultural irrigation may not exceed $750 per year;

(4) the fee for a municipality that furnishes electric service and cogenerates steam for home heating may not exceed $10,000 for its permit for water use related to the cogeneration of electricity and steam; deleted text begin and deleted text end

new text begin (5) the fee for a facility that temporarily diverts a water of the state from its natural channel to produce hydroelectric or hydromechanical power may not exceed $5,000 per year. A permit for such a facility does not count toward the number of permits held by an entity as described in paragraph (d); and new text end

deleted text begin (5) deleted text end new text begin (6) new text end no fee is required for a project involving the appropriation of surface water to prevent flood damage or to remove flood waters during a period of flooding, as determined by the commissioner.

(e) Failure to pay the fee is sufficient cause for revoking a permit. A penalty of ten percent per month calculated from the original due date must be imposed on the unpaid balance of fees remaining 30 days after the sending of a second notice of fees due. A fee may not be imposed on an agency, as defined in section 16B.01, subdivision 2, or federal governmental agency holding a water appropriation permit.

(f) The minimum water-use processing fee for a permit issued for irrigation of agricultural land is $20 for years in which:

(1) there is no appropriation of water under the permit; or

(2) the permit is suspended for more than seven consecutive days between May 1 and October 1.

(g) The commissioner shall waive the water-use permit fee for installations and projects that use storm water runoff or where public entities are diverting water to treat a water quality issue and returning the water to its source without using the water for any other purpose, unless the commissioner determines that the proposed use adversely affects surface water or groundwater.

(h) A surcharge of $30 per million gallons in addition to the fee prescribed in paragraph (a) shall be applied to the volume of water used in each of the months of June, July, and August that exceeds the volume of water used in January for municipal water use, irrigation of golf courses, and landscape irrigation. The surcharge for municipalities with more than one permit shall be determined based on the total appropriations from all permits that supply a common distribution system.

Sec. 118.

Minnesota Statutes 2016, section 103G.271, subdivision 6a, is amended to read:

Subd. 6a.

Fees for past unpermitted appropriations.

An entity that appropriates water without a required permit under subdivision 1 must pay the applicable water-use permit processing fee specified in subdivision 6 for the period during which the unpermitted appropriation occurred. The fees for unpermitted appropriations are required for the previous seven calendar years after being notified of the need for a permit. This fee is in addition to any other fee or penalty assessed. The commissioner may waive payment of fees for past unpermitted appropriations for a residential system permitted under subdivision 5, paragraph (b) new text begin , or for a hydroelectric or hydromechanical facility that temporarily diverts a water of the state from its natural channel new text end .

Sec. 119.

Minnesota Statutes 2016, section 103G.271, subdivision 7, is amended to read:

Subd. 7.

Transfer of permit.

A water-use permit may be transferred to a successive owner of real property if the permittee conveys the real property where the source of water is located. The new owner must notify the commissioner immediately after the conveyance and request transfer of the permit. new text begin The commissioner must not deny the transfer of a permit if the permittee is in compliance with all permit conditions and the permit meets the requirements of sections 103G.255 to 103G.301. new text end

Sec. 120.

Minnesota Statutes 2016, section 103G.287, subdivision 1, is amended to read:

Subdivision 1.

Applications for groundwater appropriations; preliminary well construction approval.

(a) Groundwater use permit applications are not complete until the applicant has supplied:

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

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

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

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

(5) the results of any assessments conducted by the commissioner under paragraph (c).

(b) The commissioner may waive an application requirement in this subdivision if the information provided with the application is adequate to determine whether the proposed appropriation and use of water is sustainable and will protect ecosystems, water quality, and the ability of future generations to meet their own needs.

(c) The commissioner shall provide an assessment of a proposed well needing a groundwater appropriation permit. The commissioner shall evaluate the information submitted as required under section 103I.205, subdivision 1, paragraph (f), and determine whether the anticipated appropriation request is likely to meet the applicable requirements of this chapter. If the appropriation request is likely to meet applicable requirements, the commissioner shall provide the person submitting the information with a letter providing preliminary approval to construct the well new text begin and the requirements, including test-well information, that will be needed to obtain the permit new text end .

new text begin (d) The commissioner must provide an applicant denied a groundwater use permit or issued a groundwater use permit that is reduced or restricted from the original request with all information the commissioner used in making the determination, including hydrographs, flow tests, aquifer tests, topographic maps, field reports, photographs, and proof of equipment calibration. new text end

Sec. 121.

Minnesota Statutes 2016, section 103G.411, is amended to read:

103G.411 STIPULATION OF LOW-WATER MARK.

If the state is a party in a civil action relating to the navigability or ownership of the bed of a body of water, river, or stream, the commissioner, in behalf of the state, deleted text begin with the approval of the attorney general, deleted text end may agree by written stipulation with a riparian owner who is a party to the action on the location of the ordinary low-water mark on the riparian land of the party. After the stipulation is executed by all parties, it must be presented to the judge of the district court where the action is pending for approval. If the stipulation is approved, the judge shall make and enter an order providing that the final judgment when entered shall conform to the location of the ordinary, low-water mark as provided for in the stipulation as it relates to the parties to the stipulation.

Sec. 122.

Minnesota Statutes 2016, section 114D.25, is amended by adding a subdivision to read:

new text begin Subd. 6. new text end

new text begin Impaired waters list; public notice and process. new text end

new text begin The commissioner of the Pollution Control Agency must allow at least 60 days for public comment after publishing the draft impaired waters list required under the federal Clean Water Act. In making impairment designations, the Pollution Control Agency must use available water-quality data that takes into consideration recent relevant pollutant reductions resulting from controls on municipal point sources and nonpoint sources. new text end

Sec. 123.

new text begin [115.542] NOTICE REQUIREMENTS FOR PUBLICLY OWNED WASTEWATER TREATMENT FACILITIES. new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purpose of this section, the following terms have the meanings given: new text end

new text begin (1) "permit" means a national pollutant discharge elimination system (NPDES) permit or state disposal system (SDS) permit; and new text end

new text begin (2) "permit applicant" means a person or entity submitting an application for a new permit or renewal, modification, or revocation of an existing permit for a publicly owned wastewater treatment facility. new text end

new text begin Subd. 2. new text end

new text begin Applicability. new text end

new text begin This section applies to all draft permits and permits for publicly owned wastewater treatment facilities for which the commissioner of the Pollution Control Agency makes a preliminary determination whether to issue or deny. new text end

new text begin Subd. 3. new text end

new text begin Notice requirements. new text end

new text begin The commissioner of the Pollution Control Agency must provide a permit applicant with a copy of the draft permit and any fact sheets required by agency rules at least 30 days before the distribution and public notice of the permit application and preliminary determination. new text end

new text begin Subd. 4. new text end

new text begin Permitting efficiency. new text end

new text begin The commissioner must prepare and issue a public notice of a completed application and the commissioner's preliminary determination as to whether the permit should be issued or denied. The public comment period must be at least 60 days for permit applications under this section. Notwithstanding section 116.03, it is the goal of the state that Tier 2 permits for publicly owned wastewater treatment facilities be issued or denied within 210 days following submission of a permit application. new text end

Sec. 124.

Minnesota Statutes 2016, section 115B.39, subdivision 2, is amended to read:

Subd. 2.

Definitions.

(a) In addition to the definitions in this subdivision, the definitions in sections 115A.03 and 115B.02 apply to sections 115B.39 to 115B.445, except as specifically modified in this subdivision.

(b) "Cleanup order" means a consent order between responsible persons and the agency or an order issued by the United States Environmental Protection Agency under section 106 of the federal Superfund Act.

(c) "Closure" means actions to prevent or minimize the threat to public health and the environment posed by a mixed municipal solid waste disposal facility that has stopped accepting waste by controlling the sources of releases or threatened releases at the facility. "Closure" includes removing contaminated equipment and liners; applying final cover; grading and seeding final cover; installing wells, borings, and other monitoring devices; constructing groundwater and surface water diversion structures; and installing gas control systems and site security systems, as necessary. The commissioner may authorize use of final cover that includes processed materials that meet the requirements in Code of Federal Regulations, title 40, section 503.32, paragraph (a).

(d) "Closure upgrade" means construction activity that will, at a minimum, modify an existing cover so that it satisfies current rule requirements for mixed municipal solid waste land disposal facilities.

(e) "Contingency action" means organized, planned, or coordinated courses of action to be followed in case of fire, explosion, or release of solid waste, waste by-products, or leachate that could threaten human health or the environment.

(f) "Corrective action" means steps taken to repair facility structures including liners, monitoring wells, separation equipment, covers, and aeration devices and to bring the facility into compliance with design, construction, groundwater, surface water, and air emission standards.

(g) new text begin "Custodial" or "custodial care" means actions taken for the care, maintenance, and monitoring of closure actions at a mixed municipal solid waste disposal facility after completion of the postclosure period. new text end

new text begin (h) new text end "Decomposition gases" means gases produced by chemical or microbial activity during the decomposition of solid waste.

deleted text begin (h) deleted text end new text begin (i) new text end "Dump materials" means nonhazardous mixed municipal solid wastes disposed at a Minnesota waste disposal site other than a qualified facility prior to 1973.

deleted text begin (i) deleted text end new text begin (j) new text end "Environmental response action" means response action at a qualified facility new text begin or priority qualified facility new text end , including corrective action, closure, postclosure care; contingency action; environmental studies, including remedial investigations and feasibility studies; engineering, including remedial design; removal; remedial action; site construction; and other similar cleanup-related activities.

deleted text begin (j) deleted text end new text begin (k) new text end "Environmental response costs" means:

(1) costs of environmental response action, not including legal or administrative expenses; and

(2) costs required to be paid to the federal government under section 107(a) of the federal Superfund Act, as amended.

new text begin (l) "Owner or operator of a priority qualified facility" means a person, personal representative, trustee, beneficiary, partnership, sole proprietorship, firm, limited liability company, cooperative, association, corporation, or other entity that: new text end

new text begin (1) has possession of, holds title to, or owns a controlling interest in a priority qualified facility; new text end

new text begin (2) participates in decision making related to compliance with federal and state environmental laws and regulations for a priority qualified facility; or new text end

new text begin (3) has authority or control to make decisions regarding state and federal environmental laws and regulations for a priority qualified facility. new text end

new text begin (m) "Priority qualified facility" means: new text end

new text begin (1) a qualified facility: new text end

new text begin (i) that is listed on the National Priorities List pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act; new text end

new text begin (ii) that is listed on the Permanent List of Priorities pursuant to the Minnesota Environmental Response and Liability Act; new text end

new text begin (iii) for which a binding agreement pursuant to section 115B.40, subdivision 4, has not been entered into between the owner or operator of the qualified facility and the commissioner; and new text end

new text begin (iv) that is not an excluded facility pursuant to section 115B.405; and new text end

new text begin (2) property located within 750 feet from the boundary of a facility described in clause (1), including any contiguous property: new text end

new text begin (i) that is listed on the Permanent List of Priorities pursuant to the Minnesota Environmental Response and Liability Act, as of the effective date of this section; new text end

new text begin (ii) where mixed municipal solid waste was disposed of within the boundaries of the property, which disposal did not occur under a permit from the agency; and new text end

new text begin (iii) for which the commissioner determines an environmental response action is necessary to protect public health or welfare or the environment at and in the vicinity of the facility described in clause (1). new text end

deleted text begin (k) deleted text end new text begin (n) new text end "Postclosure" or "postclosure care" means actions taken for the care, maintenance, and monitoring of closure actions at a mixed municipal solid waste disposal facility.

deleted text begin (l) deleted text end new text begin (o) new text end "Qualified facility" means a mixed municipal solid waste disposal facility as described in the most recent agency permit, including adjacent property used for solid waste disposal that did not occur under a permit from the agency, that:

(1)(i) is or was permitted by the agency;

(ii) stopped accepting solid waste, except demolition debris, for disposal by April 9, 1994; and

(iii) stopped accepting demolition debris for disposal by June 1, 1994, except that demolition debris may be accepted until May 1, 1995, at a permitted area where disposal of demolition debris is allowed, if the area where the demolition debris is deposited is at least 50 feet from the fill boundary of the area where mixed municipal solid waste was deposited; deleted text begin or deleted text end

(2) is or was permitted by the agency deleted text begin ; deleted text end and

(i) stopped accepting waste by January 1, 2000, except that demolition debris, industrial waste, and municipal solid waste combustor ash may be accepted until January 1, 2001, at a permitted area where disposal of such waste is allowed, if the area where the waste is deposited is at least 50 feet from the fill boundary of the area where mixed municipal solid waste was deposited; or

(ii) stopped accepting waste by January 1, 2019, and is located in a county that meets all applicable recycling goals in section 115A.551 and that has arranged for all mixed municipal solid waste generated in the county to be delivered to and processed by a resource recovery facility located in the county for at least 20 years new text begin ; or new text end

new text begin (3) is or was permitted by the agency and stopped accepting waste for disposal by January 1, 2009, and for which the postclosure care period ended on July 26, 2013 new text end .

new text begin EFFECTIVE DATE. new text end

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

Sec. 125.

Minnesota Statutes 2016, section 115B.40, subdivision 4, is amended to read:

Subd. 4.

Qualified facility not under cleanup order; duties.

(a) The owner or operator of a qualified facility that is not subject to a cleanup order shall:

(1) complete closure activities at the facility, or enter into a binding agreement with the commissioner to do so, as provided in paragraph (e), within one year from the date the owner or operator is notified by the commissioner under subdivision 3 of the closure activities that are necessary to properly close the facility in compliance with facility's permit, closure orders, or enforcement agreement with the agency, and with the solid waste rules in effect at the time the facility stopped accepting waste;

(2) undertake or continue postclosure new text begin and custodial new text end care at the facility until the date of notice of compliance under subdivision 7;

(3) in the case of qualified facilities defined in section 115B.39, subdivision 2, paragraph deleted text begin (l) deleted text end new text begin (o) new text end , clause (1), transfer to the commissioner of revenue for deposit in the remediation fund established in section 116.155 any funds required for proof of financial responsibility under section 116.07, subdivision 4h, that remain after facility closure and any postclosure care and response action undertaken by the owner or operator at the facility including, if proof of financial responsibility is provided through a letter of credit or other financial instrument or mechanism that does not accumulate money in an account, the amount that would have accumulated had the owner or operator utilized a trust fund, less any amount used for closure, postclosure care, and response action at the facility; deleted text begin and deleted text end

(4) in the case of qualified facilities defined in section 115B.39, subdivision 2, paragraph deleted text begin (l) deleted text end new text begin (o) new text end , clause (2), transfer to the commissioner of revenue for deposit in the remediation fund established in section 116.155 an amount of cash that is equal to the sum of their approved current contingency action cost estimate and the present value of their approved estimated remaining postclosure care costs required for proof of financial responsibility under section 116.07, subdivision 4h deleted text begin . deleted text end new text begin ; and new text end

new text begin (5) in the case of qualified facilities defined in section 115B.39, subdivision 2, paragraph (o), clause (3), transfer to the commissioner of revenue for deposit in the remediation fund established in section 116.155 an amount of cash that is equal to the sum of their approved current contingency action cost estimate and any funds required for proof of financial responsibility under section 116.07, subdivision 4h, that remain after facility closure and any postclosure and custodial care and response action undertaken by the owner or operator at the facility. new text end

(b) The owner or operator of a qualified facility that is not subject to a cleanup order shall:

(1) in the case of qualified facilities defined in section 115B.39, subdivision 2, paragraph deleted text begin (l) deleted text end new text begin (o) new text end , clause (1), provide the commissioner with a copy of all applicable comprehensive general liability insurance policies and other liability policies relating to property damage, certificates, or other evidence of insurance coverage held during the life of the facility; and

(2) enter into a binding agreement with the commissioner to:

(i) in the case of qualified facilities defined in section 115B.39, subdivision 2, paragraph deleted text begin (l) deleted text end new text begin (o) new text end , clause (1), take any actions necessary to preserve the owner or operator's rights to payment or defense under insurance policies included in clause (1); cooperate with the commissioner in asserting claims under the policies; and, within 60 days of a request by the commissioner, but no earlier than July 1, 1996, assign only those rights under the policies related to environmental response costs;

(ii) cooperate with the commissioner or other persons acting at the direction of the commissioner in taking additional environmental response actions necessary to address releases or threatened releases and to avoid any action that interferes with environmental response actions, including allowing entry to the property and to the facility's records and allowing entry and installation of equipment; and

(iii) refrain from developing or altering the use of property described in any permit for the facility except after consultation with the commissioner and in conformance with any conditions established by the commissioner for that property, including use restrictions, to protect public health and welfare and the environment.

(c) The owner or operator of a qualified facility defined in section 115B.39, subdivision 2, paragraph deleted text begin (l) deleted text end new text begin (o) new text end , clause (1), that is a political subdivision may use a portion of any funds established for response at the facility, which are available directly or through a financial instrument or other financial arrangement, for closure or postclosure care at the facility if funds available for closure or postclosure care are inadequate and shall assign the rights to any remainder to the commissioner.

(d) The agreement required in paragraph (b), clause (2), must be in writing and must apply to and be binding upon the successors and assigns of the owner. The owner shall record the agreement, or a memorandum approved by the commissioner that summarizes the agreement, with the county recorder or registrar of titles of the county where the property is located.

(e) A binding agreement entered into under paragraph (a), clause (1), may include a provision that the owner or operator will reimburse the commissioner for the costs of closing the facility to the standard required in that clause.

new text begin EFFECTIVE DATE. new text end

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

Sec. 126.

new text begin [115B.406] PRIORITY QUALIFIED FACILITIES. new text end

new text begin Subdivision 1. new text end

new text begin Legislative findings. new text end

new text begin The legislature recognizes the need to protect the public health and welfare and the environment at priority qualified facilities. To implement a timely and effective cleanup and prevent multiparty litigation, the legislature finds it is in the public interest to direct the commissioner of the Pollution Control Agency to take environmental response actions that the commissioner deems reasonable and necessary to protect the public health or welfare or the environment at priority qualified facilities and to acquire real property interests at priority qualified facilities to ensure the completion and long-term effectiveness of environmental response actions. new text end

new text begin Subd. 2. new text end

new text begin Notifying owner or operator of priority qualified facility. new text end

new text begin Within 30 days after the effective date of this section, or within 30 days after section 115B.39, subdivision 2, paragraph (m), applies to a facility, whichever is later, the commissioner must notify the owner or operator of a qualified facility that the facility is a priority qualified facility under section 115B.39, subdivision 2, paragraph (m). Within 60 days after being notified under this subdivision, the owner or operator of a priority qualified facility must enter into a binding agreement with the commissioner according to section 115B.40, subdivision 4, paragraph (b). new text end

new text begin Subd. 3. new text end

new text begin State response. new text end

new text begin If the owner or operator of a priority qualified facility fails to enter into a binding agreement according to subdivision 2: new text end

new text begin (1) the commissioner must assume all obligations for environmental response actions under the federal Superfund Act and any federal or state cleanup orders and undertake further action under section 115B.40, subdivision 1, at or related to the priority qualified facility that the commissioner deems reasonable and necessary; new text end

new text begin (2) the commissioner must not seek recovery against responsible persons who are not the owner or operator of a priority qualified facility of any costs incurred by the commissioner for environmental response action at or related to the facility, except as provided under section 115B.40, subdivision 7, paragraph (b), clause (2), item (i) or (ii); and new text end

new text begin (3) the commissioner and the attorney general must communicate with the United States Environmental Protection Agency regarding the manner and procedure for the state's assumption of federal obligations at the priority qualified facility. new text end

new text begin Subd. 4. new text end

new text begin Civil penalty. new text end

new text begin An owner or operator of a priority qualified facility is subject to a civil penalty in an amount to be determined by the court of not more than $20,000 per day for each day that the owner or operator fails to comply with subdivision 2. The penalty ceases to accrue when the owner or operator enters into a binding agreement with the commissioner according to section 115B.40, subdivision 4, paragraph (b), and a payment agreement for environmental response costs incurred by the commissioner at or related to the priority qualified facility. The civil penalty may be recovered by an action brought by the attorney general in the name of the state in connection with an action to recover expenses of the agency under subdivision 7 or by a separate action in the District Court of Ramsey County. All penalties recovered under this subdivision must be deposited in the remediation fund. new text end

new text begin Subd. 5. new text end

new text begin Disqualification; permits. new text end

new text begin If an owner or operator of a priority qualified facility that is not a local government unit fails to comply with subdivision 2, the owner or operator is ineligible to obtain or renew a state or local permit or license to engage in a business that manages solid waste. Failure of an owner or operator of a priority qualified facility that is not a local government unit to comply with subdivision 2 is prima facie evidence of the lack of fitness of the owner or operator to conduct any solid waste business and is grounds for revocation of any solid waste permit or license held by the owner or operator. new text end

new text begin Subd. 6. new text end

new text begin Duty to provide information. new text end

new text begin Any person that the commissioner determines has information regarding the priority qualified facility or the owner or operator of the priority qualified facility must furnish to the commissioner any information that person may have or may reasonably obtain that is relevant to the priority qualified facility or the owner or operator of the priority qualified facility. The commissioner upon presentation of credentials may examine and copy any books, papers, records, memoranda, or data of a person that has a duty to provide information to the commissioner and may enter upon any property, public or private, to take any action authorized by this section, including obtaining information from a person that has a duty to provide the information. new text end

new text begin Subd. 7. new text end

new text begin Recovering expenses. new text end

new text begin Any reasonable and necessary expenses incurred by the commissioner pursuant to this section, including all environmental response costs and administrative and legal expenses, may be recovered in a civil action brought by the attorney general against the owner or operator of a priority qualified facility. The commissioner's certification of expenses is prima facie evidence that the expenses are reasonable and necessary. Any expenses incurred pursuant to this section that are recovered by the attorney general, including any award of attorney fees, must be deposited in the remediation fund. new text end

new text begin Subd. 8. new text end

new text begin Claims prohibited. new text end

new text begin The owner or operator of a priority qualified facility is barred from bringing any claim based on contract, tort, or statute or using any remedy available under any other provision of state law, including common law, for personal injury, disease, economic loss, environmental response costs incurred by the owner or operator, environmental response costs incurred by the state, or legal and administrative expenses arising out of a release or threat of release of any hazardous substance, pollutant, contaminant, or decomposition gases related to the priority qualified facility. new text end

new text begin Subd. 9. new text end

new text begin Environmental response costs; liens. new text end

new text begin All environmental response costs, including administrative and legal expenses, incurred by the commissioner at a priority qualified facility constitute a lien in favor of the state upon any real property located in the state, other than homestead property, owned by the owner or operator of the priority qualified facility who is subject to the requirements of section 115B.40, subdivision 4 or 5. A lien under this subdivision attaches when the environmental response costs are first incurred. Notwithstanding section 514.672, a lien under this subdivision continues until the lien is satisfied or six years after completion of construction of the final environmental response action, not including operation and maintenance. Notice, filing, and release of the lien are governed by sections 514.671 to 514.676, except where those requirements specifically are related to only cleanup action expenses as defined in section 514.671. Relative priority of a lien under this subdivision is governed by section 514.672, except that a lien attached to property that was included in any permit for the priority qualified facility takes precedence over all other liens regardless of when the other liens were or are perfected. Amounts received to satisfy all or a part of a lien must be deposited in the remediation fund. new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 127.

new text begin [115B.407] ACQUISITION AND DISPOSITION OF REAL PROPERTY AT PRIORITY QUALIFIED FACILITIES. new text end

new text begin (a) The commissioner may acquire interests in real property by donation or eminent domain at all or a portion of a priority qualified facility. Condemnation under this section includes acquisition of fee title or an easement. After acquiring an interest in real property under this section, the commissioner must take environmental response actions at the priority qualified facility according to sections 115B.39 to 115B.414 after the legislature makes an appropriation for that purpose. new text end

new text begin (b) The commissioner may dispose of real property acquired under this section according to section 115B.17, subdivision 16. new text end

new text begin (c) Chapter 117 governs condemnation proceedings by the commissioner under this section. The exceptions under section 117.189 apply to the use of eminent domain authority under this section. new text end

new text begin (d) The state is not liable under this chapter solely as a result of acquiring an interest in real property under this section. new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 128.

new text begin [115B.408] DEPOSIT OF PROCEEDS. new text end

new text begin All amounts paid to the state under sections 115B.406 and 115B.407 must be deposited in the state treasury and credited to the remediation fund. new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 129.

Minnesota Statutes 2016, section 115C.021, subdivision 1, is amended to read:

Subdivision 1.

General rule.

Except as provided in subdivisions 2 to deleted text begin 4 deleted text end new text begin 5 new text end , a person is responsible for a release from a tank if the person is an owner or operator of the tank at any time during or after the release.

Sec. 130.

Minnesota Statutes 2016, section 115C.021, is amended by adding a subdivision to read:

new text begin Subd. 5. new text end

new text begin Heating fuel oil vendor. new text end

new text begin A heating fuel oil vendor is not a responsible person for a heating fuel oil release at a residential location if the release was caused solely by the failure of a tank owned by the homeowner. new text end

Sec. 131.

Minnesota Statutes 2016, section 116.03, subdivision 2b, is amended to read:

Subd. 2b.

Permitting efficiency.

(a) It is the goal of the state that environmental and resource management permits be issued or denied within 90 days for Tier 1 permits or 150 days for Tier 2 permits following submission of a permit application. The commissioner of the Pollution Control Agency shall establish management systems designed to achieve the goal. For the purposes of this section, "Tier 1 permits" are permits that do not require individualized actions or public comment periods, and "Tier 2 permits" are permits that require individualized actions or public comment periods.

(b) The commissioner shall prepare an annual permitting efficiency report that includes statistics on meeting the goal in paragraph (a) and the criteria for deleted text begin Tier 1 and deleted text end Tier 2 by permit categories. The report is due August 1 each year. For permit applications that have not met the goal, the report must state the reasons for not meeting the goal. In stating the reasons for not meeting the goal, the commissioner shall separately identify delays caused by the responsiveness of the proposer, lack of staff, scientific or technical disagreements, or the level of public engagement. The report must specify the number of days from initial submission of the application to the day of determination that the application is complete. The report must aggregate the data for the year and assess whether program or system changes are necessary to achieve the goal. The report must be posted on the agency's Web site and submitted to the governor and the chairs and ranking minority members of the house of representatives and senate committees having jurisdiction over environment policy and finance.

(c) The commissioner shall allow electronic submission of environmental review and permit documents to the agency.

(d) deleted text begin Beginning July 1, 2011, deleted text end Within 30 business days of application for a permit subject to paragraph (a), the commissioner of the Pollution Control Agency shall notify the deleted text begin project proposer deleted text end new text begin permit applicant new text end , in writing, whether the application is complete or incomplete. If the commissioner determines that an application is incomplete, the notice to the applicant must enumerate all deficiencies, citing specific provisions of the applicable rules and statutes, and advise the applicant on how the deficiencies can be remedied. If the commissioner determines that the application is complete, the notice must confirm the application's Tier 1 or Tier 2 permit status. new text begin If the commissioner believes that a complete application for a Tier 2 construction permit cannot be issued within the 150-day goal, the commissioner must provide notice to the applicant with the commissioner's notice that the application is complete and, upon request of the applicant, provide the permit applicant with a schedule estimating when the agency will begin drafting the permit and issue the public notice of the draft permit. new text end This paragraph does not apply to an application for a permit that is subject to a grant or loan agreement under chapter 446A.

(e) For purposes of this subdivision, "permit professional" means an individual not employed by the Pollution Control Agency who:

(1) has a professional license issued by the state of Minnesota in the subject area of the permit;

(2) has at least ten years of experience in the subject area of the permit; and

(3) abides by the duty of candor applicable to employees of the Pollution Control Agency under agency rules and complies with all applicable requirements under chapter 326.

(f) Upon the agency's request, an applicant relying on a permit professional must participate in a meeting with the agency before submitting an application:

(1) at least two weeks prior to the preapplication meeting, the applicant must submit at least the following:

(i) project description, including, but not limited to, scope of work, primary emissions points, discharge outfalls, and water intake points;

(ii) location of the project, including county, municipality, and location on the site;

(iii) business schedule for project completion; and

(iv) other information requested by the agency at least four weeks prior to the scheduled meeting; and

(2) during the preapplication meeting, the agency shall provide for the applicant at least the following:

(i) an overview of the permit review program;

(ii) a determination of which specific application or applications will be necessary to complete the project;

(iii) a statement notifying the applicant if the specific permit being sought requires a mandatory public hearing or comment period;

(iv) a review of the timetable established in the permit review program for the specific permit being sought; and

(v) a determination of what information must be included in the application, including a description of any required modeling or testing.

(g) The applicant may select a permit professional to undertake the preparation of the permit application and draft permit.

(h) If a preapplication meeting was held, the agency shall, within seven business days of receipt of an application, notify the applicant and submitting permit professional that the application is complete or is denied, specifying the deficiencies of the application.

(i) Upon receipt of notice that the application is complete, the permit professional shall submit to the agency a timetable for submitting a draft permit. The permit professional shall submit a draft permit on or before the date provided in the timetable. Within 60 days after the close of the public comment period, the commissioner shall notify the applicant whether the permit can be issued.

(j) Nothing in this section shall be construed to modify:

(1) any requirement of law that is necessary to retain federal delegation to or assumption by the state; or

(2) the authority to implement a federal law or program.

(k) The permit application and draft permit shall identify or include as an appendix all studies and other sources of information used to substantiate the analysis contained in the permit application and draft permit. The commissioner shall request additional studies, if needed, and the deleted text begin project proposer deleted text end new text begin permit applicant new text end shall submit all additional studies and information necessary for the commissioner to perform the commissioner's responsibility to review, modify, and determine the completeness of the application and approve the draft permit.

Sec. 132.

Minnesota Statutes 2016, section 116.03, is amended by adding a subdivision to read:

new text begin Subd. 7. new text end

new text begin Draft permits; public notice. new text end

new text begin When public notice of a draft individual Tier 2 permit is required, the commissioner must provide to the applicant a draft permit for review by the applicant within 30 days after determining the proposal conforms to all federal and state laws and rules, unless the permit applicant and the commissioner mutually agree to a different date. The commissioner must consider all comments submitted by the applicant before issuing the permit. new text end

Sec. 133.

Minnesota Statutes 2016, section 116.07, subdivision 4d, is amended to read:

Subd. 4d.

Permit fees.

(a) The agency may collect permit fees in amounts not greater than those necessary to cover the reasonable costs of developing, reviewing, and acting upon applications for agency permits and implementing and enforcing the conditions of the permits pursuant to agency rules. Permit fees shall not include the costs of litigation. The fee schedule must reflect reasonable and routine direct and indirect costs associated with permitting, implementation, and enforcement. The agency may impose an additional enforcement fee to be collected for a period of up to two years to cover the reasonable costs of implementing and enforcing the conditions of a permit under the rules of the agency. Any money collected under this paragraph shall be deposited in the environmental fund.

(b) Notwithstanding paragraph (a), the agency shall collect an annual fee from the owner or operator of all stationary sources, emission facilities, emissions units, air contaminant treatment facilities, treatment facilities, potential air contaminant storage facilities, or storage facilities subject to a notification, permit, or license requirement under this chapter, subchapters I and V of the federal Clean Air Act, United States Code, title 42, section 7401 et seq., or rules adopted thereunder. The annual fee shall be used to pay for all direct and indirect reasonable costs, including legal costs, required to develop and administer the notification, permit, or license program requirements of this chapter, subchapters I and V of the federal Clean Air Act, United States Code, title 42, section 7401 et seq., or rules adopted thereunder. Those costs include the reasonable costs of reviewing and acting upon an application for a permit; implementing and enforcing statutes, rules, and the terms and conditions of a permit; emissions, ambient, and deposition monitoring; preparing generally applicable regulations; responding to federal guidance; modeling, analyses, and demonstrations; preparing inventories and tracking emissions; and providing information to the public about these activities.

(c) The agency shall set fees that:

(1) will result in the collection, in the aggregate, from the sources listed in paragraph (b), of an amount not less than $25 per ton of each volatile organic compound; pollutant regulated under United States Code, title 42, section 7411 or 7412 (section 111 or 112 of the federal Clean Air Act); and each pollutant, except carbon monoxide, for which a national primary ambient air quality standard has been promulgated;

(2) may result in the collection, in the aggregate, from the sources listed in paragraph (b), of an amount not less than $25 per ton of each pollutant not listed in clause (1) that is regulated under this chapter or air quality rules adopted under this chapter; and

(3) shall collect, in the aggregate, from the sources listed in paragraph (b), the amount needed to match grant funds received by the state under United States Code, title 42, section 7405 (section 105 of the federal Clean Air Act).

The agency must not include in the calculation of the aggregate amount to be collected under clauses (1) and (2) any amount in excess of 4,000 tons per year of each air pollutant from a source. The increase in air permit fees to match federal grant funds shall be a surcharge on existing fees. The commissioner may not collect the surcharge after the grant funds become unavailable. In addition, the commissioner shall use nonfee funds to the extent practical to match the grant funds so that the fee surcharge is minimized.

(d) To cover the reasonable costs described in paragraph (b), the agency shall provide in the rules promulgated under paragraph (c) for an increase in the fee collected in each year by the percentage, if any, by which the Consumer Price Index for the most recent calendar year ending before the beginning of the year the fee is collected exceeds the Consumer Price Index for the calendar year 1989. For purposes of this paragraph the Consumer Price Index for any calendar year is the average of the Consumer Price Index for all-urban consumers published by the United States Department of Labor, as of the close of the 12-month period ending on August 31 of each calendar year. The revision of the Consumer Price Index that is most consistent with the Consumer Price Index for calendar year 1989 shall be used.

(e) Any money collected under paragraphs (b) to (d) must be deposited in the environmental fund and must be used solely for the activities listed in paragraph (b).

(f) Permit applicants who wish to construct, reconstruct, or modify a deleted text begin facility deleted text end new text begin project new text end may offer to reimburse the agency for the costs of staff time or consultant services needed to expedite the new text begin preapplication process and new text end permit development process new text begin through the final decision on the permit new text end , including the analysis of environmental review documents. The reimbursement shall be in addition to permit application fees imposed by law. When the agency determines that it needs additional resources to develop the permit application in an expedited manner, and that expediting the development is consistent with permitting program priorities, the agency may accept the reimbursement. new text begin The commissioner must give the applicant an estimate of costs to be incurred by the commissioner. The estimate must include a brief description of the tasks to be performed, a schedule for completing the tasks, and the estimated cost for each task. The applicant and the commissioner must enter into a written agreement detailing the estimated costs for the expedited permit decision-making process to be incurred by the agency. The agreement must also identify staff anticipated to be assigned to the project. The commissioner must not issue a permit until the applicant has paid all fees in full. The commissioner must refund any unobligated balance of fees paid. new text end Reimbursements accepted by the agency are appropriated to the agency for the purpose of developing the permit or analyzing environmental review documents. Reimbursement by a permit applicant shall precede and not be contingent upon issuance of a permit; shall not affect the agency's decision on whether to issue or deny a permit, what conditions are included in a permit, or the application of state and federal statutes and rules governing permit determinations; and shall not affect final decisions regarding environmental review.

(g) The fees under this subdivision are exempt from section 16A.1285.

Sec. 134.

Minnesota Statutes 2016, section 116.0714, is amended to read:

116.0714 NEW OPEN AIR SWINE BASINS.

The commissioner of the Pollution Control Agency or a county board shall not approve any permits for the construction of new open air swine basins, except that existing facilities may use one basin of less than 1,000,000 gallons as part of a permitted waste treatment program for resolving pollution problems or to allow conversion of an existing basin of less than 1,000,000 gallons to a different animal type, provided all standards are met. This section expires June 30, deleted text begin 2017 deleted text end new text begin 2022 new text end .

new text begin EFFECTIVE DATE. new text end

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

Sec. 135.

Minnesota Statutes 2016, section 116C.03, subdivision 2, is amended to read:

Subd. 2.

Membership.

The members of the board are the commissioner of administration, the commissioner of commerce, the commissioner of the Pollution Control Agency, the commissioner of natural resources, the commissioner of agriculture, the commissioner of health, the commissioner of employment and economic development, the commissioner of transportation, new text begin and new text end the chair of the Board of Water and Soil Resources deleted text begin , and a representative of the governor's office designated by the governor deleted text end . The governor shall appoint deleted text begin five deleted text end members from the general public to the board new text begin , one from each congressional district new text end , subject to the advice and consent of the senate. At least deleted text begin two of the five deleted text end new text begin four new text end public members must have knowledge of and be conversant in deleted text begin water management issues in the state deleted text end new text begin environmental review or permitting new text end . new text begin The governor must appoint the chair of the board. new text end Notwithstanding the provisions of section 15.06, subdivision 6, members of the board may not delegate their powers and responsibilities as board members to any other person. new text begin Members appointed under this subdivision must not be registered lobbyists or legislators. new text end

Sec. 136.

Minnesota Statutes 2016, section 116C.04, subdivision 2, is amended to read:

Subd. 2.

Jurisdiction.

(a) The board shall determine which environmental problems of interdepartmental concern to state government shall be considered by the board. The board shall initiate interdepartmental investigations into those matters that it determines are in need of study. Topics for investigation may include but need not be limited to deleted text begin future population and settlement patterns, deleted text end air and water resources and quality, solid waste management, transportation and utility corridors, deleted text begin economically productive open space, deleted text end energy policy and need, deleted text begin growth and development, and land use deleted text end new text begin and new text end planning.

(b) The board shall review programs of state agencies that significantly affect the environment and coordinate those it determines are interdepartmental in nature, and insure agency compliance with state environmental policy.

(c) The board may review environmental rules and criteria for granting and denying permits by state agencies and may resolve conflicts involving state agencies with regard to programs, rules, permits and procedures significantly affecting the environment, provided that such resolution of conflicts is consistent with state environmental policy.

deleted text begin (d) State agencies shall submit to the board all proposed legislation of major significance relating to the environment and the board shall submit a report to the governor and the legislature with comments on such major environmental proposals of state agencies. deleted text end

Sec. 137.

Minnesota Statutes 2016, section 116D.04, subdivision 2a, is amended to read:

Subd. 2a.

When prepared.

new text begin (a) new text end Where there is potential for significant environmental effects resulting from any major governmental action, the action shall be preceded by a detailed environmental impact statement prepared by the responsible governmental unit. The environmental impact statement shall be an analytical rather than an encyclopedic document which describes the proposed action in detail, analyzes its significant environmental impacts, discusses appropriate alternatives to the proposed action and their impacts, and explores methods by which adverse environmental impacts of an action could be mitigated. The environmental impact statement shall also analyze those economic, employment, and sociological effects that cannot be avoided should the action be implemented. To ensure its use in the decision-making process, the environmental impact statement shall be prepared as early as practical in the formulation of an action.

deleted text begin (a) deleted text end new text begin (b) new text end The board shall by rule establish categories of actions for which environmental impact statements and for which environmental assessment worksheets shall be prepared as well as categories of actions for which no environmental review is required under this section. A mandatory environmental assessment worksheet deleted text begin shall deleted text end new text begin is new text end not deleted text begin be deleted text end required for the expansion of an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph (b), or the conversion of an ethanol plant to a biobutanol facility or the expansion of a biobutanol facility as defined in section 41A.15, subdivision 2d, based on the capacity of the expanded or converted facility to produce alcohol fuel, but must be required if the ethanol plant or biobutanol facility meets or exceeds thresholds of other categories of actions for which environmental assessment worksheets must be prepared. The responsible governmental unit for an ethanol plant or biobutanol facility project for which an environmental assessment worksheet is prepared deleted text begin shall be deleted text end new text begin is new text end the state agency with the greatest responsibility for supervising or approving the project as a whole.

new text begin (c) new text end A mandatory environmental impact statement deleted text begin shall deleted text end new text begin is new text end not deleted text begin be deleted text end required for a facility or plant located outside the seven-county metropolitan area that produces less than 125,000,000 gallons of ethanol, biobutanol, or cellulosic biofuel annually, or produces less than 400,000 tons of chemicals annually, if the facility or plant is: an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph (b); a biobutanol facility, as defined in section 41A.15, subdivision 2d; or a cellulosic biofuel facility. A facility or plant that only uses a cellulosic feedstock to produce chemical products for use by another facility as a feedstock deleted text begin shall deleted text end new text begin is new text end not deleted text begin be deleted text end considered a fuel conversion facility as used in rules adopted under this chapter.

deleted text begin (b) deleted text end new text begin (d) new text end The responsible governmental unit shall promptly publish notice of the completion of an environmental assessment worksheet by publishing the notice in at least one newspaper of general circulation in the geographic area where the project is proposed, by posting the notice on a Web site that has been designated as the official publication site for publication of proceedings, public notices, and summaries of a political subdivision in which the project is proposed, or in any other manner determined by the board and shall provide copies of the environmental assessment worksheet to the board and its member agencies. Comments on the need for an environmental impact statement may be submitted to the responsible governmental unit during a 30-day period following publication of the notice that an environmental assessment worksheet has been completed. The responsible governmental unit's decision on the need for an environmental impact statement shall be based on the environmental assessment worksheet and the comments received during the comment period, and shall be made within 15 days after the close of the comment period. The board's chair may extend the 15-day period by not more than 15 additional days upon the request of the responsible governmental unit.

deleted text begin (c) deleted text end new text begin (e) new text end An environmental assessment worksheet shall also be prepared for a proposed action whenever material evidence accompanying a petition by not less than 100 individuals who reside or own property in the state, submitted before the proposed project has received final approval by the appropriate governmental units, demonstrates that, because of the nature or location of a proposed action, there may be potential for significant environmental effects. Petitions requesting the preparation of an environmental assessment worksheet shall be submitted to the board. The chair of the board shall determine the appropriate responsible governmental unit and forward the petition to it. A decision on the need for an environmental assessment worksheet shall be made by the responsible governmental unit within 15 days after the petition is received by the responsible governmental unit. The board's chair may extend the 15-day period by not more than 15 additional days upon request of the responsible governmental unit.

deleted text begin (d) deleted text end new text begin (f) new text end Except in an environmentally sensitive location where Minnesota Rules, part 4410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental review under this chapter and rules of the board, if:

(1) the proposed action is:

(i) an animal feedlot facility with a capacity of less than 1,000 animal units; or

(ii) an expansion of an existing animal feedlot facility with a total cumulative capacity of less than 1,000 animal units;

(2) the application for the animal feedlot facility includes a written commitment by the proposer to design, construct, and operate the facility in full compliance with Pollution Control Agency feedlot rules; and

(3) the county board holds a public meeting for citizen input at least ten business days deleted text begin prior to deleted text end new text begin before new text end the Pollution Control Agency or county issuing a feedlot permit for the animal feedlot facility unless another public meeting for citizen input has been held with regard to the feedlot facility to be permitted. The exemption in this paragraph is in addition to other exemptions provided under other law and rules of the board.

deleted text begin (e) deleted text end new text begin (g) new text end The board may, deleted text begin prior to deleted text end new text begin before new text end final approval of a proposed project, require preparation of an environmental assessment worksheet by a responsible governmental unit selected by the board for any action where environmental review under this section has not been specifically provided for by rule or otherwise initiated.

deleted text begin (f) deleted text end new text begin (h) new text end An early and open process shall be utilized to limit the scope of the environmental impact statement to a discussion of those impacts deleted text begin , which deleted text end new text begin that new text end , because of the nature or location of the project, have the potential for significant environmental effects. The same process shall be utilized to determine the form, content new text begin , new text end and level of detail of the statement as well as the alternatives deleted text begin which deleted text end new text begin that new text end are appropriate for consideration in the statement. In addition, the permits deleted text begin which deleted text end new text begin that new text end will be required for the proposed action shall be identified during the scoping process. Further, the process shall identify those permits for which information will be developed concurrently with the environmental impact statement. The board shall provide in its rules for the expeditious completion of the scoping process. The determinations reached in the process shall be incorporated into the order requiring the preparation of an environmental impact statement.

deleted text begin (g) deleted text end new text begin (i) new text end The responsible governmental unit shall, to the extent practicable, avoid duplication and ensure coordination between state and federal environmental review and between environmental review and environmental permitting. Whenever practical, information needed by a governmental unit for making final decisions on permits or other actions required for a proposed project shall be developed in conjunction with the preparation of an environmental impact statement. When an environmental impact statement is prepared for a project requiring multiple permits for which two or more agencies' decision processes include either mandatory or discretionary hearings before a hearing officer deleted text begin prior to deleted text end new text begin before new text end the agencies' decision on the permit, the agencies may, notwithstanding any law or rule to the contrary, conduct the hearings in a single consolidated hearing process if requested by the proposer. All agencies having jurisdiction over a permit that is included in the consolidated hearing shall participate. The responsible governmental unit shall establish appropriate procedures for the consolidated hearing process, including procedures to ensure that the consolidated hearing process is consistent with the applicable requirements for each permit regarding the rights and duties of parties to the hearing, and shall utilize the earliest applicable hearing procedure to initiate the hearing. new text begin All agencies having jurisdiction over a permit identified in the draft environmental assessment worksheet scoping document must begin reviewing any permit application upon publication of the notice of preparation of the environmental impact statement. new text end

deleted text begin (h) deleted text end new text begin (j) new text end An environmental impact statement shall be prepared and its adequacy determined within 280 days after notice of its preparation unless the time is extended by consent of the parties or by the governor for good cause. The responsible governmental unit shall determine the adequacy of an environmental impact statement, unless within 60 days after notice is published that an environmental impact statement will be prepared, the board chooses to determine the adequacy of an environmental impact statement. If an environmental impact statement is found to be inadequate, the responsible governmental unit shall have 60 days to prepare an adequate environmental impact statement.

deleted text begin (i) deleted text end new text begin (k) new text end The proposer of a specific action may include in the information submitted to the responsible governmental unit a preliminary draft environmental impact statement under this section on that action for review, modification, and determination of completeness and adequacy by the responsible governmental unit. A preliminary draft environmental impact statement prepared by the project proposer and submitted to the responsible governmental unit shall identify or include as an appendix all studies and other sources of information used to substantiate the analysis contained in the preliminary draft environmental impact statement. The responsible governmental unit shall require additional studies, if needed, and obtain from the project proposer all additional studies and information necessary for the responsible governmental unit to perform its responsibility to review, modify, and determine the completeness and adequacy of the environmental impact statement.

Sec. 138.

Minnesota Statutes 2016, section 116D.04, subdivision 5b, is amended to read:

Subd. 5b.

Review of environmental assessment worksheets and environmental impact statements.

By December 1, deleted text begin 2012 deleted text end new text begin 2018 new text end , and every deleted text begin five deleted text end new text begin three new text end years thereafter, the Environmental Quality Board, Pollution Control Agency, Department of Natural Resources, and Department of Transportation, after consultation with political subdivisions, shall submit to the governor and the chairs of the house of representatives and senate committees having jurisdiction over environment and natural resources a list of mandatory environmental assessment worksheet and mandatory environmental impact statement categories for which the agency or a political subdivision is designated as the responsible government unit, and for each worksheet or statement category, a document including:

(1) intended historical purposes of the category;

(2) whether projects that fall within the category are also subject to local, state, or federal permits; and

(3) an analysis of new text begin and recommendations for new text end whether the mandatory category should be modified, eliminated, or unchanged based on its new text begin intended outcomes and new text end relationship to existing permits or other federal, state, or local laws or ordinances.

Sec. 139.

Minnesota Statutes 2016, section 116D.04, subdivision 10, is amended to read:

Subd. 10.

Review.

A person aggrieved by a final decision on the need for an environmental assessment worksheet, the need for an environmental impact statement, or the adequacy of an environmental impact statement is entitled to judicial review of the decision under sections 14.63 to 14.68. A petition for a writ of certiorari by an aggrieved person for judicial review under sections 14.63 to 14.68 must be filed with the Court of Appeals and served on the responsible governmental unit not more than 30 days after the deleted text begin party receives the final decision and order of the deleted text end responsible governmental unit new text begin provides notice of the decision in the EQB Monitor new text end . Proceedings for review under this section must be instituted by serving a petition for a writ of certiorari personally or by certified mail upon the responsible governmental unit and by promptly filing the proof of service in the Office of the Clerk of the Appellate Courts and the matter will proceed in the manner provided by the Rules of Civil Appellate Procedure. A copy of the petition must be provided to the attorney general at the time of service. Copies of the writ must be served, personally or by certified mail, upon the responsible governmental unit and the project proposer. The filing of the writ of certiorari does not stay the enforcement of any other governmental action, provided that the responsible governmental unit may stay enforcement or the Court of Appeals may order a stay upon terms it deems proper. A bond may be required under section 562.02 unless at the time of hearing on the application for the bond the petitioner-relator has shown that the claim is likely to succeed on the merits. The board may initiate judicial review of decisions referred to herein and the board or a project proposer may intervene as of right in any proceeding brought under this subdivision.

Sec. 140.

Minnesota Statutes 2016, section 116D.045, subdivision 1, is amended to read:

Subdivision 1.

Assessment.

The board deleted text begin shall deleted text end new text begin must new text end by rule adopt procedures to new text begin : new text end

new text begin (1) new text end assess the proposer of a specific action for new text begin the responsible governmental unit's new text end reasonable costs of preparing, reviewing, and distributing the environmental impact statement. The costs deleted text begin shall deleted text end new text begin must new text end be determined by the responsible governmental unit deleted text begin pursuant deleted text end new text begin according new text end to the rules deleted text begin promulgated deleted text end new text begin adopted new text end by the board new text begin ; and new text end

new text begin (2) authorize a responsible governmental unit to allow a proposer of a specific action to prepare a draft environmental impact statement according to section 116D.04, subdivision 2a, paragraph (i) new text end .

Sec. 141.

Minnesota Statutes 2016, section 160.06, is amended to read:

160.06 TRAIL OR PORTAGE DEDICATION.

Any trail or portage between public or navigable bodies of water or from public or navigable water to a public highway in this state deleted text begin which deleted text end new text begin that new text end has been in continued and uninterrupted use by the general public for 15 years or more as a trail or portage for the purposes of travel, deleted text begin shall be deleted text end new text begin is new text end deemed to have been dedicated to the public as a trail or portage. This section deleted text begin shall apply deleted text end new text begin applies new text end only to forest trails on established deleted text begin state water trails deleted text end new text begin canoe routes new text end and the public deleted text begin shall have deleted text end new text begin has new text end the right to use the same for deleted text begin the purposes of deleted text end travel to the same extent as public highways. The width of all trails and portages dedicated by user deleted text begin shall be deleted text end new text begin is new text end eight feet on each side of the centerline of the trail or portage.

Sec. 142.

Minnesota Statutes 2016, section 168.1295, subdivision 1, is amended to read:

Subdivision 1.

General requirements and procedures.

(a) The commissioner shall issue state parks and trails plates to an applicant who:

(1) is a registered owner of a passenger automobile, recreational vehicle, one ton pickup truck, or motorcycle;

(2) pays a fee of $10 to cover the costs of handling and manufacturing the plates;

(3) pays the registration tax required under section 168.013;

(4) pays the fees required under this chapter;

(5) contributes a minimum of deleted text begin $50 deleted text end new text begin $60 new text end annually to the state parks and trails donation account established in section 85.056; and

(6) complies with this chapter and rules governing registration of motor vehicles and licensing of drivers.

(b) The state parks and trails plate application must indicate that the contribution specified under paragraph (a), clause (5), is a minimum contribution to receive the plate and that the applicant may make an additional contribution to the account.

(c) State parks and trails plates may be personalized according to section 168.12, subdivision 2a.

Sec. 143.

Minnesota Statutes 2016, section 282.018, subdivision 1, is amended to read:

Subdivision 1.

Land on or adjacent to public waters.

(a) All land which is the property of the state as a result of forfeiture to the state for nonpayment of taxes, regardless of whether the land is held in trust for taxing districts, and which borders on or is adjacent to meandered lakes and other public waters and watercourses, and the live timber growing or being thereon, is hereby withdrawn from sale except as hereinafter provided. The authority having jurisdiction over the timber on any deleted text begin such deleted text end new text begin of these new text end lands may sell the timber as otherwise provided by law for cutting and removal under deleted text begin such deleted text end new text begin the new text end conditions as the authority may prescribe in accordance with approved, sustained yield forestry practices. The authority having jurisdiction over the timber shall reserve deleted text begin such deleted text end new text begin the new text end timber and impose deleted text begin such deleted text end new text begin the new text end conditions as the authority deems necessary for the protection of watersheds, wildlife habitat, shorelines, and scenic features. Within the area in Cook, Lake, and St. Louis counties described in the Act of Congress approved July 10, 1930 (46 Stat. 1020), the timber on tax-forfeited lands shall be subject to like restrictions as are now imposed by that act on federal lands.

(b) Of all tax-forfeited land bordering on or adjacent to meandered lakes and other public waters and watercourses and so withdrawn from sale, a strip two rods in width, the ordinary high-water mark being the waterside boundary thereof, and the land side boundary thereof being a line drawn parallel to the ordinary high-water mark and two rods distant landward therefrom, hereby is reserved for public travel thereon, and whatever the conformation of the shore line or conditions require, the authority having jurisdiction over deleted text begin such deleted text end new text begin these new text end lands shall reserve a wider strip for deleted text begin such deleted text end new text begin these new text end purposes.

(c) Any tract or parcel of land which has 150 feet or less of waterfront may be sold by the authority having jurisdiction over the land, in the manner otherwise provided by law for the sale of deleted text begin such deleted text end new text begin the new text end lands, if the authority determines that it is in the public interest to do so. new text begin Any tract or parcel of land within a plat of record bordering on or adjacent to meandered lakes and other public waters and watercourses may be sold by the authority having jurisdiction over the land, in the manner otherwise provided by law for the sale of the lands, if the authority determines that it is in the public interest to do so. new text end If the authority having jurisdiction over the land is not the commissioner of natural resources, the land may not be offered for sale without the prior approval of the commissioner of natural resources.

(d) Where the authority having jurisdiction over lands withdrawn from sale under this section is not the commissioner of natural resources, the authority may submit proposals for disposition of the lands to the commissioner. The commissioner of natural resources shall evaluate the lands and their public benefits and make recommendations on the proposed dispositions to the committees of the legislature with jurisdiction over natural resources. The commissioner shall include any recommendations of the commissioner for disposition of lands withdrawn from sale under this section over which the commissioner has jurisdiction. The commissioner's recommendations may include a public sale, sale to a private party, acquisition by the Department of Natural Resources for public purposes, or a cooperative management agreement with, or transfer to, another unit of government.

Sec. 144.

Minnesota Statutes 2016, section 282.04, subdivision 1, is amended to read:

Subdivision 1.

Timber sales; land leases and uses.

(a) The county auditor, with terms and conditions set by the county board, may sell timber upon any tract that may be approved by the natural resources commissioner. The sale of timber shall be made for cash at not less than the appraised value determined by the county board to the highest bidder after not less than one week's published notice in an official paper within the county. Any timber offered at the public sale and not sold may thereafter be sold at private sale by the county auditor at not less than the appraised value thereof, until the time as the county board may withdraw the timber from sale. The appraised value of the timber and the forestry practices to be followed in the cutting of said timber shall be approved by the commissioner of natural resources.

(b) Payment of the full sale price of all timber sold on tax-forfeited lands shall be made in cash at the time of the timber sale, except in the case of oral or sealed bid auction sales, the down payment shall be no less than 15 percent of the appraised value, and the balance shall be paid prior to entry. In the case of auction sales that are partitioned and sold as a single sale with predetermined cutting blocks, the down payment shall be no less than 15 percent of the appraised price of the entire timber sale which may be held until the satisfactory completion of the sale or applied in whole or in part to the final cutting block. The value of each separate block must be paid in full before any cutting may begin in that block. With the permission of the county contract administrator the purchaser may enter unpaid blocks and cut necessary timber incidental to developing logging roads as may be needed to log other blocks provided that no timber may be removed from an unpaid block until separately scaled and paid for. If payment is provided as specified in this paragraph as security under paragraph (a) and no cutting has taken place on the contract, the county auditor may credit the security provided, less any down payment required for an auction sale under this paragraph, to any other contract issued to the contract holder by the county under this chapter to which the contract holder requests in writing that it be credited, provided the request and transfer is made within the same calendar year as the security was received.

(c) The county board may sell any timber, including biomass, as appraised or scaled. Any parcels of land from which timber is to be sold by scale of cut products shall be so designated in the published notice of sale under paragraph (a), in which case the notice shall contain a description of the parcels, a statement of the estimated quantity of each species of timber, and the appraised price of each species of timber for 1,000 feet, per cord or per piece, as the case may be. In those cases any bids offered over and above the appraised prices shall be by percentage, the percent bid to be added to the appraised price of each of the different species of timber advertised on the land. The purchaser of timber from the parcels shall pay in cash at the time of sale at the rate bid for all of the timber shown in the notice of sale as estimated to be standing on the land, and in addition shall pay at the same rate for any additional amounts which the final scale shows to have been cut or was available for cutting on the land at the time of sale under the terms of the sale. Where the final scale of cut products shows that less timber was cut or was available for cutting under terms of the sale than was originally paid for, the excess payment shall be refunded from the forfeited tax sale fund upon the claim of the purchaser, to be audited and allowed by the county board as in case of other claims against the county. No timber, except hardwood pulpwood, may be removed from the parcels of land or other designated landings until scaled by a person or persons designated by the county board and approved by the commissioner of natural resources. Landings other than the parcel of land from which timber is cut may be designated for scaling by the county board by written agreement with the purchaser of the timber. The county board may, by written agreement with the purchaser and with a consumer designated by the purchaser when the timber is sold by the county auditor, and with the approval of the commissioner of natural resources, accept the consumer's scale of cut products delivered at the consumer's landing. No timber shall be removed until fully paid for in cash. Small amounts of timber not exceeding deleted text begin $3,000 deleted text end new text begin 500 cords new text end in appraised deleted text begin valuation deleted text end new text begin volume new text end may be sold for not less than the full appraised value at private sale to individual persons without first publishing notice of sale or calling for bids, provided that in case of a sale involving a total appraised value of more than $200 the sale shall be made subject to final settlement on the basis of a scale of cut products in the manner above provided and not more than two of the sales, directly or indirectly to any individual shall be in effect at one time.

(d) As directed by the county board, the county auditor may lease tax-forfeited land to individuals, corporations or organized subdivisions of the state at public or private sale, and at the prices and under the terms as the county board may prescribe, for use as cottage and camp sites and for agricultural purposes and for the purpose of taking and removing of hay, stumpage, sand, gravel, clay, rock, marl, and black dirt from the land, and for garden sites and other temporary uses provided that no leases shall be for a period to exceed ten years; provided, further that any leases involving a consideration of more than $12,000 per year, except to an organized subdivision of the state shall first be offered at public sale in the manner provided herein for sale of timber. Upon the sale of any leased land, it shall remain subject to the lease for not to exceed one year from the beginning of the term of the lease. Any rent paid by the lessee for the portion of the term cut off by the cancellation shall be refunded from the forfeited tax sale fund upon the claim of the lessee, to be audited and allowed by the county board as in case of other claims against the county.

(e) As directed by the county board, the county auditor may lease tax-forfeited land to individuals, corporations, or organized subdivisions of the state at public or private sale, at the prices and under the terms as the county board may prescribe, for the purpose of taking and removing for use for road construction and other purposes tax-forfeited stockpiled iron-bearing material. The county auditor must determine that the material is needed and suitable for use in the construction or maintenance of a road, tailings basin, settling basin, dike, dam, bank fill, or other works on public or private property, and that the use would be in the best interests of the public. No lease shall exceed ten years. The use of a stockpile for these purposes must first be approved by the commissioner of natural resources. The request shall be deemed approved unless the requesting county is notified to the contrary by the commissioner of natural resources within six months after receipt of a request for approval for use of a stockpile. Once use of a stockpile has been approved, the county may continue to lease it for these purposes until approval is withdrawn by the commissioner of natural resources.

(f) The county auditor, with the approval of the county board is authorized to grant permits, licenses, and leases to tax-forfeited lands for the depositing of stripping, lean ores, tailings, or waste products from mines or ore milling plants, or to use for facilities needed to recover iron-bearing oxides from tailings basins or stockpiles, or for a buffer area needed for a mining operation, upon the conditions and for the consideration and for the period of time, not exceeding 25 years, as the county board may determine. The permits, licenses, or leases are subject to approval by the commissioner of natural resources.

(g) Any person who removes any timber from tax-forfeited land before said timber has been scaled and fully paid for as provided in this subdivision is guilty of a misdemeanor.

(h) The county auditor may, with the approval of the county board, and without first offering at public sale, grant leases, for a term not exceeding 25 years, for the removal of peat and for the production or removal of farm-grown closed-loop biomass as defined in section 216B.2424, subdivision 1, or short-rotation woody crops from tax-forfeited lands upon the terms and conditions as the county board may prescribe. Any lease for the removal of peat, farm-grown closed-loop biomass, or short-rotation woody crops from tax-forfeited lands must first be reviewed and approved by the commissioner of natural resources if the lease covers 320 or more acres. No lease for the removal of peat, farm-grown closed-loop biomass, or short-rotation woody crops shall be made by the county auditor pursuant to this section without first holding a public hearing on the auditor's intention to lease. One printed notice in a legal newspaper in the county at least ten days before the hearing, and posted notice in the courthouse at least 20 days before the hearing shall be given of the hearing.

(i) Notwithstanding any provision of paragraph (c) to the contrary, the St. Louis County auditor may, at the discretion of the county board, sell timber to the party who bids the highest price for all the several kinds of timber, as provided for sales by the commissioner of natural resources under section 90.14. Bids offered over and above the appraised price need not be applied proportionately to the appraised price of each of the different species of timber.

(j) In lieu of any payment or deposit required in paragraph (b), as directed by the county board and under terms set by the county board, the county auditor may accept an irrevocable bank letter of credit in the amount equal to the amount otherwise determined in paragraph (b). If an irrevocable bank letter of credit is provided under this paragraph, at the written request of the purchaser, the county may periodically allow the bank letter of credit to be reduced by an amount proportionate to the value of timber that has been harvested and for which the county has received payment. The remaining amount of the bank letter of credit after a reduction under this paragraph must not be less than 20 percent of the value of the timber purchased. If an irrevocable bank letter of credit or cash deposit is provided for the down payment required in paragraph (b), and no cutting of timber has taken place on the contract for which a letter of credit has been provided, the county may allow the transfer of the letter of credit to any other contract issued to the contract holder by the county under this chapter to which the contract holder requests in writing that it be credited.

Sec. 145.

Minnesota Statutes 2016, section 296A.18, subdivision 6a, is amended to read:

Subd. 6a.

Computation of nonhighway use amounts.

The nonhighway use amounts determined in subdivisions 2 to 6 must be transferred from the highway user tax distribution fund to the accounts as provided for in sections 84.794, 84.803, 84.83, 84.927, and 86B.706. These amounts, together with interest and penalties for delinquency in payment, paid or collected pursuant to the provisions of this chapter, must be computed for each six-month period ending June 30 and December 31 and must be transferred on November 1 and deleted text begin June deleted text end new text begin April new text end 1 following each six-month period.

new text begin EFFECTIVE DATE. new text end

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

Sec. 146.

new text begin [477A.21] RIPARIAN PROTECTION AID. new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the following terms have the meanings given: new text end

new text begin (1) "buffer protection map" has the meaning given under section 103F.48, subdivision 1; and new text end

new text begin (2) "public watercourses" means public waters and public drainage systems subject to riparian protection requirements under section 103F.48. new text end

new text begin Subd. 2. new text end

new text begin Certifications to commissioner. new text end

new text begin (a) The Board of Water and Soil Resources must certify to the commissioner of revenue, on or before July 1 each year, which counties and watershed districts have affirmed their jurisdiction under section 103F.48 and the proportion of centerline miles of public watercourses, and miles of public drainage system ditches on the buffer protection map, within each county and each watershed district within the county with affirmed jurisdiction. new text end

new text begin (b) On or before July 1 each year, the commissioner of natural resources shall certify to the commissioner of revenue the statewide and countywide number of centerline miles of public watercourses and miles of public drainage system ditches on the buffer protection map. new text end

new text begin Subd. 3. new text end

new text begin Distribution. new text end

new text begin (a) A county that is certified under subdivision 2, or that portion of a county containing a watershed district certified under subdivision 2, is eligible to receive aid under this section to enforce and implement the riparian protection and water quality practices under section 103F.48. Each county's preliminary aid amount is equal to the proportion calculated under paragraph (b) multiplied by the appropriation received each year by the commissioner for purposes of payments under this section. new text end

new text begin (b) The commissioner must compute each county's proportion. A county's proportion is equal to the ratio of the sum in clause (1) to the sum in clause (2): new text end

new text begin (1) the sum of the total number of acres in the county classified as class 2a under section 273.13, subdivision 23, the countywide number of centerline miles of public watercourses on the buffer protection map, and the countywide number of miles of public drainage system ditches on the buffer protection map; and new text end

new text begin (2) the sum of the statewide total number of acres classified as class 2a under section 273.13, subdivision 23, the statewide total number of centerline miles of public watercourses on the buffer protection map, and the statewide total number of public drainage system miles on the buffer protection map. new text end

new text begin (c) Aid to a county must not be greater than $200,000 or less than $50,000. If the sum of the preliminary aids payable to counties under paragraph (a) is greater or less than the appropriation received by the commissioner, the commissioner of revenue must calculate the percentage of adjustment necessary so that the total of the aid under paragraph (a) equals the total amount received by the commissioner, subject to the minimum and maximum amounts specified in this paragraph. The minimum and maximum amounts under this paragraph must be adjusted by the ratio of the actual amount appropriated to $10,000,000. new text end

new text begin (d) If only a portion of a county is certified as eligible to receive aid under subdivision 2, the aid otherwise payable to that county under this section must be multiplied by a fraction, the numerator of which is the buffer protection map miles of the certified watershed districts contained within the county and the denominator of which is the total buffer protection map miles of the county. new text end

new text begin (e) Any aid that would otherwise be paid to a county or portion of a county that is not certified under subdivision 2 shall be paid to the Board of Water and Soil Resources for enforcing and implementing the riparian protection and water quality practices under section 103F.48. new text end

new text begin Subd. 4. new text end

new text begin Payments. new text end

new text begin The commissioner of revenue must compute the amount of riparian protection aid payable to each eligible county and to the Board of Water and Soil Resources under this section. On or before August 1 each year, the commissioner must certify the amount to be paid to each county and the Board of Water and Soil Resources in the following year, except that the payments for 2017 must be certified by July 15, 2017. The commissioner must pay riparian protection aid to counties and to the Board of Water and Soil Resources in the same manner and at the same time as aid payments under section 477A.015. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and applies to aids payable in 2017 and thereafter. new text end

Sec. 147.

Laws 2000, chapter 486, section 4, as amended by Laws 2001, chapter 182, section 2, is amended to read:

Sec. 4.

BOATHOUSE LEASES; SOUDAN UNDERGROUND MINE STATE PARK.

(a) In 1965, United States Steel Corporation conveyed land to the state of Minnesota that was included in the Soudan underground mine state park, with certain lands at Stuntz Bay subject to leases outstanding for employee boathouse sites.

(b) Notwithstanding Minnesota Statutes, sections 85.011, 85.012, subdivision 1, and 86A.05, subdivision 2, upon the expiration of a boathouse lease described under paragraph (a), the commissioner of natural resources shall offer a new lease to the party in possession at the time of lease expiration, or, if there has been a miscellaneous lease issued by the Department of Natural Resources due to expiration of a lease described under paragraph (a), upon its expiration to the lessee. The new lease shall be issued under the terms and conditions of Minnesota Statutes, section 92.50, deleted text begin with the following limitations deleted text end new text begin except as follows new text end :

(1) the term of the lease shall be for the lifetime of the party being issued a renewed lease and, if transferred, for the lifetime of the party to whom the lease is transferred;

(2) the new lease shall provide that the lease may be transferred only once and the transfer must be to a person within the third degree of kindred or first cousin according to civil law; deleted text begin and deleted text end

(3) the commissioner shall limit the number of lessees per lease to no more than two persons who have attained legal age deleted text begin . deleted text end new text begin ; and new text end

new text begin (4) the lease amount must not exceed 50 percent of the average market rate, based on comparable private lease rates, as determined once every five years per lease. new text end

At the time of the new lease, the commissioner may offer, and after agreement with the leaseholder, lease equivalent alternative sites to the leaseholder.

(c) The commissioner shall not cancel a boathouse lease described under paragraphs (a) and (b) except for noncompliance with the lease agreement.

deleted text begin (d) By January 15, 2001, the commissioner of natural resources shall report to the senate and house environment and natural resources policy and finance committees on boathouse leases in state parks. The report shall include information on: deleted text end

deleted text begin (1) the number of boathouse leases; deleted text end

deleted text begin (2) the number of leases that have forfeited; deleted text end

deleted text begin (3) the expiration dates of the leases; deleted text end

deleted text begin (4) the historical significance of the boathouses; deleted text end

deleted text begin (5) recommendations on the inclusion of the land described in paragraph (d) within the park boundary; and deleted text end

deleted text begin (6) any other relevant information on the leases. deleted text end

new text begin (d) The commissioner must issue a written receipt to the lessee for each lease payment. new text end

(e) The commissioner of natural resources shall contact U.S.X. Corporation and local units of government regarding the inclusion of the following lands within Soudan underground mine state park:

(1) all lands located South of Vermillion Lake shoreline in Section 13, Township 62 North, Range 15 West;

(2) all lands located South of Vermillion Lake shoreline in the S1/2-SE1/4 of Section 14, Township 62 North, Range 15 West;

(3) NE1/4-SE1/4 and E1/2-NE1/4 of Section 22, Township 62 North, Range 15 West;

(4) all lands located South of Vermillion Lake shoreline in Section 23, Township 62 North, Range 15 West;

(5) all of Section 24, Township 62 North, Range 15 West;

(6) all lands North of trunk highway No. 169 located in Section 25, Township 62 North, Range 15 West;

(7) all lands North of trunk highway No. 169 located in Section 26, Township 62 North, Range 15 West;

(8) NE1/4-SE1/4 and SE1/4-NE1/4 of Section 27, Township 62 North, Range 15 West; and

(9) NW1/4 of Section 19, Township 62 North, Range 14 West.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and applies to monthly lease payments made on or after that date. new text end

Sec. 148.

Laws 2013, chapter 114, article 4, section 105, is amended to read:

Sec. 105.

RULES; SILICA SAND.

(a) The commissioner of the Pollution Control Agency deleted text begin shall deleted text end new text begin may new text end adopt rules pertaining to the control of particulate emissions from silica sand projects. The rulemaking is exempt from Minnesota Statutes, section 14.125.

(b) The commissioner of natural resources shall adopt rules pertaining to the reclamation of silica sand mines. The rulemaking is exempt from Minnesota Statutes, section 14.125.

(c) By January 1, 2014, the Department of Health shall adopt an air quality health-based value for silica sand.

(d) The Environmental Quality Board deleted text begin shall deleted text end new text begin may new text end amend its rules for environmental review, adopted under Minnesota Statutes, chapter 116D, for silica sand mining and processing to take into account the increased activity in the state and concerns over the size of specific operations. The Environmental Quality Board shall consider whether the requirements of Minnesota Statutes, section 116C.991, should remain part of the environmental review requirements for silica sand and whether the requirements should be different for different geographic areas of the state. The rulemaking is exempt from Minnesota Statutes, section 14.125.

Sec. 149.

Laws 2015, First Special Session chapter 4, article 4, section 136, is amended to read:

Sec. 136.

WILD RICE WATER QUALITY STANDARDS.

(a) Until the commissioner of the Pollution Control Agency amends rules refining the wild rice water quality standard in Minnesota Rules, part 7050.0224, subpart 2, to consider all independent research and publicly funded research and to include criteria for identifying waters and a list of waters subject to the standard, implementation of the wild rice water quality standard in Minnesota Rules, part 7050.0224, subpart 2, shall be limited to the following, unless the permittee requests additional conditions:

(1) when issuing, modifying, or renewing national pollutant discharge elimination system (NPDES) or state disposal system (SDS) permits, the agency shall endeavor to protect wild rice, and in doing so shall be limited by the following conditions:

(i) the agency shall not require permittees to expend money for design or implementation of sulfate treatment technologies or other forms of sulfate mitigation; and

(ii) the agency may require sulfate minimization plans in permits; and

(2) the agency shall not list waters containing natural beds of wild rice as impaired for sulfate under section 303(d) of the federal Clean Water Act, United States Code, title 33, section 1313, until the rulemaking described in this paragraph takes effect.

(b) Upon the rule described in paragraph (a) taking effect, the agency may reopen permits issued or reissued after the effective date of this section as needed to include numeric permit limits based on the wild rice water quality standard.

(c) The commissioner shall complete the rulemaking described in paragraph (a) by January 15, deleted text begin 2018 deleted text end new text begin 2019 new text end .

Sec. 150.

Laws 2015, First Special Session chapter 4, article 4, section 146, is amended to read:

Sec. 146.

INITIAL IMPLEMENTATION; WAIVERS.

A soil and water conservation district must grant a conditional compliance waiver under Minnesota Statutes, section 103F.48, to landowners new text begin or authorized agents new text end who have applied for and maintained eligibility for financial new text begin or technical new text end assistance within one year of the dates listed in Minnesota Statutes, section 103F.48, subdivision 3, paragraph (e), according to Minnesota Statutes, section 103F.48. A conditional compliance waiver also must be granted to landowners who are subject to a drainage proceeding commenced under Minnesota Statutes, sections 103E.011, subdivision 5; 103E.021, subdivision 6; and 103E.715. The conditional compliance waiver is valid until financial new text begin or technical new text end assistance is available for buffer new text begin or alternative practices new text end installation, but not later than November 1, 2018. new text begin A landowner or authorized agent that has filed a parcel-specific riparian protection compliance plan with the soil and water conservation district by November 1, 2017, shall be granted a conditional compliance waiver until July 1, 2018. new text end

Sec. 151.

Laws 2016, chapter 189, article 3, section 26, the effective date, is amended to read:

EFFECTIVE DATE.

This section is effective May 1, deleted text begin 2017 deleted text end new text begin 2018 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from April 30, 2017. new text end

Sec. 152.

Laws 2016, chapter 189, article 3, section 46, is amended to read:

Sec. 46.

PRESCRIBED BURN REQUIREMENTS; REPORT.

The commissioner of natural resources, in cooperation with prescribed burning professionals, nongovernmental organizations, and local and federal governments, must develop criteria for certifying an entity to conduct a prescribed burn under deleted text begin a general deleted text end new text begin an open burning new text end permit. The certification requirements must include training, equipment, and experience requirements and include an apprentice program to allow entities without experience to become certified. The commissioner must establish provisions for decertifying entities. The commissioner must not require additional certification or requirements for burns conducted as part of normal agricultural practices not currently subject to prescribed burn specifications. The commissioner must submit a report with recommendations and any legislative changes needed to the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over environment and natural resources by January 15, 2017.

Sec. 153.

new text begin DEMOLITION DEBRIS LANDFILL PERMITTING. new text end

new text begin A solid waste permit issued by the Pollution Control Agency to an existing class I demolition debris landfill facility that is operating under the Pollution Control Agency Demolition Landfill Guidance, issued August 2005, is extended pursuant to Minnesota Rules, part 7001.0160, for a period of five years, unless a new permit is issued for the facility by the Pollution Control Agency after the effective date of this section. new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 154.

new text begin ENVIRONMENTAL QUALITY BOARD MEMBERSHIP TRANSITION. new text end

new text begin (a) Until the governor has appointed members of the Environmental Quality Board from each congressional district as required under this act, this section governs membership of the board. new text end

new text begin (b) The citizen members of the board as of July 1, 2017, shall continue to serve until the expiration of their terms. new text end

new text begin (c) No later than October 1, 2017, the governor shall appoint board members from the First, Second, Seventh, and Eighth Congressional Districts for terms to begin January 2, 2018. new text end

new text begin (d) No later than October 1, 2018, the governor shall appoint a board member from the Third Congressional District for a term to begin January 8, 2019. new text end

new text begin (e) No later than October 1, 2019, the governor shall appoint a board member from the Fourth Congressional District for a term to begin January 7, 2020. new text end

new text begin (f) No later than October 1, 2020, the governor shall appoint a board member from the Fifth Congressional District for a term to begin January 5, 2021. new text end

new text begin (g) No later than October 1, 2021, the governor shall appoint a commissioner from the Sixth Congressional District for a term to begin January 4, 2022. new text end

Sec. 155.

new text begin SAND DUNES STATE FOREST MANAGEMENT. new text end

new text begin Subdivision 1. new text end

new text begin Forest management. new text end

new text begin When managing the Sand Dunes State Forest, the commissioner of natural resources must: new text end

new text begin (1) not convert additional land to oak savanna or convert oak savanna to nonforest land unless it is done as a result of a contract entered into before the effective date of this section; new text end

new text begin (2) require all prairie seeds planted to be from native species of a local ecotype to Sherburne or Benton County; and new text end

new text begin (3) comply with the Minnesota Forest Resources Council's guidelines for aesthetics in residential areas. new text end

new text begin Subd. 2. new text end

new text begin Prescribed burns; notification. new text end

new text begin At least 40 days before conducting a prescribed burn, the commissioner must: new text end

new text begin (1) publish a notice in a newspaper of general circulation in the area; new text end

new text begin (2) notify the county and township in writing; and new text end

new text begin (3) notify residents within a quarter mile of the prescribed burn in writing. new text end

new text begin Subd. 3. new text end

new text begin School trust lands. new text end

new text begin Nothing in this section restricts the ability of the commissioner or the school trust lands director from managing school trust lands within the Sand Dunes State Forest for long-term economic return. new text end

new text begin Subd. 4. new text end

new text begin Township road. new text end

new text begin If the commissioner of natural resources finds that any portion of 233rd Avenue within the Sand Dunes State Forest is not owned by the township, the commissioner must convey an easement over and across state-owned lands administered by the commissioner to the township under Minnesota Statutes, section 84.63, for the width of 233rd Avenue. new text end

new text begin Subd. 5. new text end

new text begin Sunset. new text end

new text begin This section expires two years from the day following final enactment. new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 156.

new text begin HILL-ANNEX MINE STATE PARK MANAGEMENT AND OPERATION PLAN. new text end

new text begin (a) The commissioner of natural resources must work with the commissioner of the Iron Range Resources and Rehabilitation Board and representatives from the city of Calumet, Itasca County, and the Western Mesabi Mine Planning Board to create an alternate operating model for local management and operation of Hill-Annex Mine State Park until mining resumes on the property. The commissioner of natural resources must submit a management and operation plan to the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over environment and natural resources by January 15, 2018. new text end

new text begin (b) In fiscal year 2018 and fiscal year 2019, the level of service and hours of operation at Hill-Annex Mine State Park must be maintained at fiscal year 2016 levels. new text end

Sec. 157.

new text begin BASE BUDGET REPORT. new text end

new text begin (a) The commissioners of natural resources and the Pollution Control Agency must each submit a report that contains the details of their base budgets, by fiscal year, including: new text end

new text begin (1) appropriation riders for the previous biennium and the year the rider was first used; new text end

new text begin (2) anticipated appropriation riders for the fiscal years 2020-2021 biennium; new text end

new text begin (3) statutory appropriations; and new text end

new text begin (4) an explanation on the use of funds for each appropriation not covered by a rider. new text end

new text begin (b) The reports must be submitted to the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over environment and natural resources by October 15, 2018. new text end

Sec. 158.

new text begin RULEMAKING; MINNOW LICENSES. new text end

new text begin The commissioner of natural resources shall amend Minnesota Rules, part 6254.0100, subpart 2, to conform with Minnesota Statutes, section 97C.501, subdivision 1. The commissioner may use the good cause exemption under Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota Statutes, section 14.386, does not apply, except as provided under Minnesota Statutes, section 14.388. new text end

Sec. 159.

new text begin CANCELLATION OF PERMITS. new text end

new text begin Water-use permits issued before July 1, 2017, for water use exempted under Minnesota Statutes, section 103G.271, subdivision 1, paragraph (b), clause (3), are canceled effective July 1, 2017. new text end

Sec. 160.

new text begin RULEMAKING; EFFLUENT LIMITATION COMPLIANCE. new text end

new text begin (a) The commissioner of the Pollution Control Agency shall amend Minnesota Rules, part 7001.0150, subpart 2, item A, by inserting the following: new text end

new text begin "For a municipality that constructs a publicly owned treatment works facility to comply with a new or modified effluent limitation, compliance with any new or modified effluent limitation adopted after construction begins that would require additional capital investment is required no sooner than 16 years after the date of initiation of operation of the facility." new text end

new text begin (b) The commissioner may use the good cause exemption under Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota Statutes, section 14.386, does not apply, except as provided under Minnesota Statutes, section 14.388. new text end

Sec. 161.

new text begin DISPOSITION OF PROCEEDS; ST. LOUIS COUNTY ENVIRONMENTAL TRUST FUND. new text end

new text begin Notwithstanding Minnesota Statutes, chapter 282, and any other law relating to the disposition of proceeds from the sale of tax-forfeited land, the St. Louis County Board must deposit any money received from the sale of tax-forfeited land purchased by the Fond du Lac Band of Lake Superior Chippewa with money appropriated under Laws 2014, chapter 256, article 1, section 2, subdivision 3, paragraph (a), into an environmental trust fund established by the county. The principal from the sale of the land may not be expended. The county may spend interest earned on the principal only for purposes related to improving natural resources. new text end

new text begin EFFECTIVE DATE; LOCAL APPROVAL. new text end

new text begin This section is effective the day after the St. Louis County Board and its chief clerical officer timely complete their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3. new text end

Sec. 162.

new text begin MINNOW IMPORTATION RISK REPORT. new text end

new text begin By January 15, 2018, the commissioner of natural resources must report to the chairs of the legislative committees with jurisdiction over natural resources regarding potential risks of importing golden shiner minnows into Minnesota. The commissioner of natural resources must coordinate with the University of Minnesota and may use a third party to produce the report. The report must: new text end

new text begin (1) review the Arkansas bait certification program to determine specific risks and potential mitigation measures of allowing the importation of golden shiner minnows by a person that holds a Minnesota wholesale minnow dealers license issued under Minnesota Statutes, section 97C.501, subdivision 2; and new text end

new text begin (2) include recommendations on testing protocols or procedures needed to protect Minnesota's waters from invasive species and fish disease introduction. new text end

Sec. 163.

new text begin ACTION TO OBTAIN ACCESS PROHIBITED; CLEARWATER COUNTY. new text end

new text begin Before July 1, 2018, the commissioner of natural resources must not initiate a civil action to obtain access to Island Lake FMHA Wildlife Management Area in Clearwater County. new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 164.

new text begin RULES LIMITING USE OF LEAD SHOT PROHIBITED. new text end

new text begin Until July 1, 2019, the commissioner of natural resources shall not adopt rules further restricting the use of lead shot. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and applies to rules adopted on or after that date. new text end

Sec. 165.

new text begin REVISOR'S INSTRUCTION. new text end

new text begin In Minnesota Statutes and Minnesota Rules, the revisor of statutes shall replace all references to Minnesota Statutes, section 115B.39, subdivision 2, paragraph (l), with Minnesota Statutes, section 115B.39, subdivision 2, paragraph (o), and shall make all other necessary changes to preserve the meaning of the text and to conform with the paragraph relettering in this act. new text end

Sec. 166.

new text begin REPEALER. new text end

new text begin (a) new text end new text begin Minnesota Statutes 2016, sections 84.026, subdivision 3; 97B.031, subdivision 5; 97C.701, subdivisions 1a and 6; 97C.705; 97C.711; 116C.03, subdivision 3a; and 116C.04, subdivision 3, new text end new text begin are repealed. new text end

new text begin (b) new text end new text begin Minnesota Rules, parts 6258.0100; 6258.0200; 6258.0300; 6258.0400; 6258.0500; 6258.0600; 6258.0700, subparts 1, 4, and 5; 6258.0800; and 6258.0900, new text end new text begin are repealed. new text end

Presented to the governor May 26, 2017

Signed by the governor May 30, 2017, 4:21 p.m.