Office of the Revisor of Statutes
HF 2150
2nd Engrossment - 80th Legislature (1997 - 1998)
Posted on 12/15/2009 12:00 a.m.
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act
1.2 relating to the organization and operation of state
1.3 government; appropriating money for environmental,
1.4 natural resource, and agricultural purposes;
1.5 establishing and modifying certain programs; providing
1.6 for regulation of certain activities and practices;
1.7 providing for accounts, assessments, and fees;
1.8 amending Minnesota Statutes 1996, sections 17.76, by
1.9 adding a subdivision; 32.394, subdivision 11; 32.415;
1.10 84.0273; 84.0887, subdivision 2; 84.794, subdivision
1.11 1; 84.803, subdivision 1; 84.927, subdivision 2;
1.12 85.015, by adding a subdivision; 85.22, subdivision
1.13 2a; 85A.04, subdivision 4; 86A.23; 86B.415,
1.14 subdivision 9; 92.06, subdivision 4; 92.16,
1.15 subdivision 1; 92.46, by adding a subdivision; 94.10,
1.16 subdivision 2; 94.165; 97B.667; 103C.501, subdivision
1.17 6; 103F.378, subdivision 1; 115.03, subdivision 5;
1.18 115A.54, subdivision 2a; 116.07, by adding a
1.19 subdivision; 296.421, subdivision 5; 300.111, by
1.20 adding a subdivision; 308A.101, by adding a
1.21 subdivision; 308A.201, by adding a subdivision;
1.22 325E.10, subdivision 2, and by adding subdivisions;
1.23 325E.11; 325E.112, subdivision 2; 373.01, subdivision
1.24 1; Laws 1995, chapter 220, section 19, subdivision 11;
1.25 and Laws 1996, chapters 351, section 2; and 463,
1.26 section 7, subdivision 24; proposing coding for new
1.27 law in Minnesota Statutes, chapters 4; 17; 92; 115;
1.28 116; and 219; repealing Minnesota Statutes 1996,
1.29 sections 1.31; 1.32; 1.33; 1.34; 1.35; 1.36; 1.37;
1.30 1.38; 1.39; 1.40; 84B.11; and 115A.9523; Laws 1995,
1.31 chapters 77, section 3; and 220, section 21; Minnesota
1.32 Rules, part 7009.0060.
1.33 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.34 Section 1. [ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.]
1.35 The sums shown in the columns marked "APPROPRIATIONS" are
1.36 appropriated from the general fund, or another named fund, to
1.37 the agencies and for the purposes specified in this act, to be
1.38 available for the fiscal years indicated for each purpose. The
1.39 figures "1997," "1998," and "1999," where used in this act, mean
2.1 that the appropriation or appropriations listed under them are
2.2 available for the year ending June 30, 1997, June 30, 1998, or
2.3 June 30, 1999, respectively.
2.4 APPROPRIATIONS
2.5 Available for the Year
2.6 Ending June 30
2.7 1998 1999
2.8 Sec. 2. POLLUTION CONTROL
2.9 AGENCY
2.10 Subdivision 1. Total
2.11 Appropriation 43,273,000 39,953,000
2.12 Summary by Fund
2.13 General 14,580,000 10,837,000
2.14 Petroleum Tank 3,177,000 3,227,000
2.15 State Government
2.16 Special Revenue 42,000 43,000
2.17 Special Revenue 740,000 755,000
2.18 Environmental 18,558,000 18,768,000
2.19 Metro Landfill
2.20 Contingency 137,000 140,000
2.21 Solid Waste 6,039,000 6,183,000
2.22 The amounts that may be spent from this
2.23 appropriation for each program are
2.24 specified in the following subdivisions.
2.25 Subd. 2. Protection of the Water
2.26 12,914,000 10,419,000
2.27 Summary by Fund
2.28 General 10,376,000 7,820,000
2.29 State Government
2.30 Special Revenue 42,000 43,000
2.31 Environmental 2,496,000 2,556,000
2.32 $1,946,000 the first year is for grants
2.33 to local units of government for the
2.34 clean water partnership program. Any
2.35 unencumbered balance remaining in the
2.36 first year does not cancel and is
2.37 available for the second year of the
2.38 biennium.
2.39 $515,000 the first year and $519,000
2.40 the second year are for the Minnesota
2.41 River nonpoint source pollution program
2.42 and must be matched by federal dollars.
2.43 $855,000 the first year and $855,000
2.44 the second year are for grants for
2.45 county administration of the feedlot
2.46 permit program. This amount is
2.47 transferred to the board of water and
2.48 soil resources for disbursement in
3.1 accordance with Minnesota Statutes,
3.2 section 103B.3369, in cooperation with
3.3 the pollution control agency. Grants
3.4 must be matched with a combination of
3.5 local cash and/or in-kind
3.6 contributions. Counties receiving
3.7 these grants shall submit an annual
3.8 report to the pollution control agency
3.9 regarding activities conducted under
3.10 the grant, expenditures made, and local
3.11 match contributions. First priority
3.12 for funding shall be given to counties
3.13 that have requested and received
3.14 delegation from the pollution control
3.15 agency for processing of animal feedlot
3.16 permit applications under Minnesota
3.17 Statutes, section 116.07, subdivision
3.18 7. Delegated counties shall be
3.19 eligible to receive a grant of $5,000
3.20 plus either: $15 multiplied by the
3.21 number of livestock or poultry farms
3.22 with sales greater than $10,000, as
3.23 reported in the 1992 Census of
3.24 Agriculture, published by the United
3.25 States Bureau of Census; or $25
3.26 multiplied by the number of feedlots
3.27 with greater than ten animal units as
3.28 determined by a level 2 or level 3
3.29 feedlot inventory conducted in
3.30 accordance with the Feedlot Inventory
3.31 Guidebook published by the board of
3.32 water and soil resources, dated June
3.33 1991. To receive the additional
3.34 funding that is based on the county
3.35 feedlot inventory, the county shall
3.36 submit a copy of the inventory to the
3.37 pollution control agency. Any
3.38 remaining money is for distribution to
3.39 all counties on a competitive basis
3.40 through the challenge grant process for
3.41 the conducting of feedlot inventories,
3.42 development of delegated county feedlot
3.43 programs, and for information and
3.44 education or technical assistance
3.45 efforts to reduce feedlot-related
3.46 pollution hazards.
3.47 $632,000 the first year and $582,000
3.48 the second year are for integrated
3.49 water monitoring using biology,
3.50 chemistry, hydrology, and habitat
3.51 assessment for water quality
3.52 assessment; lake monitoring through
3.53 local groups; volunteer monitoring for
3.54 streams and rivers; and coordination of
3.55 water monitoring with other states and
3.56 local governments, storage, and
3.57 dissemination of data. Of this amount
3.58 $250,000 in the first year and $200,000
3.59 in the second year are for grants to
3.60 the metropolitan council for monitoring
3.61 sites on the Minnesota river and
3.62 tributaries, automated monitoring sites
3.63 in metropolitan area watersheds, and
3.64 assessment of best management practices
3.65 for control of nonpoint source
3.66 pollution.
3.67 $500,000 the first year is for a grant
3.68 to the University of Minnesota to
3.69 prepare a work program with the
4.1 pollution control agency, local
4.2 municipalities and other groups for the
4.3 development of two pilot water quality
4.4 utility cooperatives that own or
4.5 control alternative discharging sewage
4.6 systems, as defined in Minnesota
4.7 Statutes, section 115.58, subdivision
4.8 1, paragraph (b). The amounts
4.9 appropriated may be used for public
4.10 education of the purposes and benefits
4.11 of water quality treatment and
4.12 management by water quality utility
4.13 cooperatives and other costs defined as
4.14 eligible costs under Minnesota
4.15 Statutes, section 116.16, subdivision
4.16 2, clause (6), and capital cost
4.17 components under Minnesota Statutes,
4.18 section 471A.02, subdivision 3. The
4.19 eligible costs for funding a water
4.20 quality utility cooperative under this
4.21 item may also be eligible to constitute
4.22 a revolving fund held by a nonprofit
4.23 support organization affiliated with
4.24 the University of Minnesota for the
4.25 further education, research,
4.26 development and other support for water
4.27 quality treatment and management by the
4.28 University of Minnesota in the state.
4.29 The support organization may also
4.30 require any water quality utility
4.31 cooperative established under Minnesota
4.32 Statutes, chapter 308A, to pay a
4.33 reasonable annual license fee not to
4.34 exceed five percent of the annual gross
4.35 revenues for the purposes of ensuring
4.36 the ongoing support of the University
4.37 for water quality utility cooperatives
4.38 and water quality treatment and
4.39 management. As a condition of
4.40 acceptance of this grant, the
4.41 University must submit a work program
4.42 and submit semiannual progress reports
4.43 as provided in Minnesota Statutes,
4.44 section 116P.05, subdivision 2,
4.45 paragraph (c).
4.46 $163,000 the first year is for a grant
4.47 to the University of Minnesota
4.48 Extension Service for public education
4.49 programs in Nicollet county which
4.50 promote improved farm management
4.51 practices on feedlot management and
4.52 watershed protection.
4.53 $440,000 the first year and $440,000
4.54 the second year are for administration
4.55 of the point source pollution program.
4.56 $200,000 the first year and $200,000
4.57 the second year are for community
4.58 technical assistance and education,
4.59 including grants and technical
4.60 assistance to communities for local and
4.61 basin-wide water quality protection.
4.62 $145,000 the first year and $145,000
4.63 the second year are for individual
4.64 sewage treatment system administration.
4.65 $100,000 the first year and $100,000
4.66 the second year are for administration
5.1 of the wastewater infrastructure fund
5.2 (WIF) construction program.
5.3 Subd. 3. Protection of the Air
5.4 7,639,000 7,800,000
5.5 Summary by Fund
5.6 Environmental 6,899,000 7,045,000
5.7 Special Revenue 740,000 755,000
5.8 Up to $150,000 the first year and
5.9 $150,000 the second year may be
5.10 transferred to the small business
5.11 environmental loan account established
5.12 in Minnesota Statutes, section 116.992.
5.13 $200,000 the first year and $200,000
5.14 the second year are for a monitoring
5.15 program under Minnesota Statutes,
5.16 section 116.454.
5.17 Subd. 4. Protection of the
5.18 Land
5.19 15,529,000 15,645,000
5.20 Summary by Fund
5.21 General 1,679,000 1,699,000
5.22 Petroleum Tank 2,744,000 2,785,000
5.23 Environmental 6,013,000 5,948,000
5.24 Metro Landfill
5.25 Contingency 129,000 132,000
5.26 Solid Waste 4,964,000 5,081,000
5.27 All money in the environmental
5.28 response, compensation, and compliance
5.29 account in the environmental fund not
5.30 otherwise appropriated is appropriated
5.31 to the commissioners of the pollution
5.32 control agency and the department of
5.33 agriculture for purposes of Minnesota
5.34 Statutes, section 115B.20, subdivision
5.35 2, clauses (1), (2), (3), (4), (11),
5.36 (12), and (13). At the beginning of
5.37 each fiscal year, the two commissioners
5.38 shall jointly submit an annual spending
5.39 plan to the commissioner of finance
5.40 that maximizes the utilization of
5.41 resources and appropriately allocates
5.42 the money between the two agencies.
5.43 This appropriation is available until
5.44 June 30, 1999.
5.45 Any unencumbered balance from the
5.46 metropolitan landfill contingency
5.47 action trust fund remaining in the
5.48 first year does not cancel but is
5.49 available for the second year.
5.50 $51,000 the first year and $52,000 the
5.51 second year are from the solid waste
5.52 fund for transfer to the commissioner
5.53 of revenue to enhance compliance and
6.1 collection of solid waste assessments.
6.2 Subd. 5. General Support
6.3 7,191,000 6,089,000
6.4 Summary by Fund
6.5 General 2,525,000 1,318,000
6.6 Petroleum Tank 433,000 442,000
6.7 Environmental 3,150,000 3,219,000
6.8 Metro Landfill
6.9 Contingency 8,000 8,000
6.10 Solid Waste 1,075,000 1,102,000
6.11 $500,000 is for a grant to the city of
6.12 Andover for cleanup of hazardous
6.13 waste. This appropriation is available
6.14 until June 30, 1999.
6.15 The $737,500 appropriated from the
6.16 solid waste fund to the commissioner of
6.17 the pollution control agency in Laws
6.18 1996, chapter 470, section 24, is
6.19 canceled on July 1, 1997, and $738,000
6.20 is appropriated in fiscal year 1998 to
6.21 the commissioner of the pollution
6.22 control agency for the same purposes as
6.23 the original appropriation.
6.24 Sec. 3. OFFICE OF ENVIRONMENTAL
6.25 ASSISTANCE 20,463,000 20,539,000
6.26 Summary by Fund
6.27 General 19,211,000 19,277,000
6.28 Environmental 1,252,000 1,262,000
6.29 $14,008,000 the first year and
6.30 $14,008,000 the second year are for the
6.31 SCORE block grants to counties.
6.32 Any unencumbered grant and loan
6.33 balances in the first year do not
6.34 cancel but are available for grants and
6.35 loans in the second year.
6.36 All money in the metropolitan landfill
6.37 abatement account in the environmental
6.38 fund not otherwise appropriated is
6.39 appropriated to the office of
6.40 environmental assistance for the
6.41 purposes of Minnesota Statutes, section
6.42 473.844.
6.43 Sec. 4. ZOOLOGICAL BOARD 5,521,000 5,368,000
6.44 $226,000 in the first year is for
6.45 computer systems.
6.46 Sec. 5. NATURAL RESOURCES
6.47 Subdivision 1. Total
6.48 Appropriation 206,225,000 182,003,000
6.49 Summary by Fund
7.1 General 126,621,000 100,566,000
7.2 Natural Resources 23,940,000 24,186,000
7.3 Game and Fish 55,564,000 57,151,000
7.4 Solid Waste 100,000 100,000
7.5 The amounts that may be spent from this
7.6 appropriation for each program are
7.7 specified in the following subdivisions.
7.8 Subd. 2. Mineral Resources Management
7.9 8,799,000 4,883,000
7.10 Summary by Fund
7.11 General 8,799,000 4,883,000
7.12 $311,000 the first year and $311,000
7.13 the second year are for iron ore
7.14 cooperative research, of which $225,000
7.15 the first year and $225,000 the second
7.16 year are available only as matched by
7.17 $1 of nonstate money for each $1 of
7.18 state money. Any unencumbered balance
7.19 remaining in the first year does not
7.20 cancel but is available for the second
7.21 year.
7.22 $376,000 the first year and $377,000
7.23 the second year are for mineral
7.24 diversification. Any unencumbered
7.25 balance remaining in the first year
7.26 does not cancel but is available for
7.27 the second year.
7.28 $46,000 the first year and $47,000 the
7.29 second year are for minerals
7.30 cooperative environmental research, of
7.31 which $30,000 the first year and
7.32 $30,000 the second year are available
7.33 only as matched by $1 of nonstate money
7.34 for each $1 of state money. Any
7.35 unencumbered balance remaining in the
7.36 first year does not cancel but is
7.37 available for the second year.
7.38 $4,000,000 the first year is for a
7.39 grant to develop a direct reduction
7.40 iron processing facility in Minnesota.
7.41 This appropriation is available until
7.42 July 1, 1999.
7.43 Subd. 3. Water Resources Management
7.44 10,431,000 9,435,000
7.45 Summary by Fund
7.46 General 10,180,000 9,179,000
7.47 Natural Resources 251,000 256,000
7.48 $95,000 the first year and $95,000 the
7.49 second year are for a grant to the
7.50 Mississippi headwaters board for up to
7.51 50 percent of the cost of implementing
7.52 the comprehensive plan for the upper
7.53 Mississippi within areas under its
8.1 jurisdiction.
8.2 $17,000 the first year and $17,000 the
8.3 second year are for payment to the
8.4 Leech Lake Band of Chippewa Indians to
8.5 implement its portion of the
8.6 comprehensive plan for the upper
8.7 Mississippi.
8.8 $400,000 the first year and $400,000
8.9 the second year are for water
8.10 monitoring activities, including
8.11 gauging of priority lakes and
8.12 watersheds, dissemination of
8.13 information, replacement of equipment,
8.14 and installation of observation wells,
8.15 groundwater sensitivity maps, and
8.16 documentation.
8.17 $70,000 the first year is to the city
8.18 of Granite Falls for restoration of the
8.19 banks of the Minnesota river within the
8.20 city limits.
8.21 $400,000 the first year is for a grant
8.22 to the St. Paul Foundation for
8.23 restoring native vegetation along the
8.24 Mississippi river through the Greening
8.25 the Great River Park Project. Money is
8.26 available for the grant to the extent
8.27 matched by an expenditure of money from
8.28 nonstate sources for the project until
8.29 June 30, 1999.
8.30 $190,000 the first year is for a grant
8.31 to the city of East Grand Forks for a
8.32 river bank stabilization project on the
8.33 Red Lake River and the Red River of the
8.34 North. The appropriation is available
8.35 until June 30, 1999.
8.36 $500,000 the first year is for a grant
8.37 to the city of Thief River Falls for
8.38 dredging projects within the city on
8.39 the Red Lake river and the Thief
8.40 river. The appropriation is available
8.41 until June 30, 1999.
8.42 Subd. 4. Forest Management
8.43 35,172,000 33,346,000
8.44 Summary by Fund
8.45 General 34,729,000 32,894,000
8.46 Natural Resources 443,000 452,000
8.47 $2,771,000 the first year and
8.48 $2,808,000 the second year are for
8.49 presuppression and suppression costs of
8.50 emergency fire fighting. If the
8.51 amounts provided by fiscal year are
8.52 insufficient to cover all costs of
8.53 suppression, the amount necessary to
8.54 pay for emergency firefighting expenses
8.55 during the biennium is appropriated
8.56 from the general fund.
8.57 $750,000 the first year and $750,000
8.58 the second year are for white pine
9.1 restoration.
9.2 $300,000 the first year and $300,000
9.3 the second year are for grants to the
9.4 counties of Becker, Clearwater, and
9.5 Hubbard for reforestation, timber stand
9.6 improvements, aerial photography, and
9.7 new forest inventories in areas damaged
9.8 by windstorms in July 1995. The
9.9 appropriation is available until June
9.10 30, 1999.
9.11 $1,000,000 the first year is for the
9.12 corps to career community service
9.13 program. The commissioner may allocate
9.14 up to five percent of the appropriation
9.15 for the cost of administering the
9.16 program, which includes providing
9.17 health and child care coverage to
9.18 eligible individuals and their
9.19 dependents under Minnesota Statutes,
9.20 section 84.0887, subdivision 2, to the
9.21 extent such coverage is not otherwise
9.22 available.
9.23 $500,000 the first year is for grants
9.24 to local community forest ecosystem
9.25 health programs. The appropriations
9.26 are available until expended. The
9.27 commissioner of natural resources shall
9.28 allocate individual grants of up to
9.29 $10,000 to local communities that have
9.30 matching nonstate money available to
9.31 undertake projects that improve the
9.32 health of forest ecosystems, including
9.33 insect and disease suppression
9.34 programs, community-based forest health
9.35 education programs, and other
9.36 arboricultural treatments.
9.37 $120,000 the first year and $120,000
9.38 the second year are for the focus on
9.39 community forests program, to provide
9.40 communities with natural resources
9.41 technical assistance.
9.42 $700,000 the first year is for the
9.43 Minnesota Releaf program to provide
9.44 matching grants to local communities to
9.45 plant predominantly native trees.
9.46 $140,000 the first year is to develop
9.47 guidelines for communities and best
9.48 management practices for developers and
9.49 landowners in order to increase the
9.50 protection of woodlands being lost
9.51 through urbanization.
9.52 $1,018,000 the first year and
9.53 $1,030,000 the second year are for
9.54 implementation of the activities under
9.55 Minnesota Statutes, chapter 89A,
9.56 including the generic environmental
9.57 impact statement on timber harvesting.
9.58 Up to $240,000 the first year and
9.59 $190,000 the second year are available
9.60 for grants to the University of
9.61 Minnesota college of natural resources'
9.62 continuing education center, county
9.63 land departments for participation in
9.64 the Interagency Information
10.1 Cooperative, and for forest research
10.2 projects identified by the Minnesota
10.3 Forest Resources Council's research
10.4 advisory committee.
10.5 The commissioner must report to the
10.6 chairs of the house and senate
10.7 environment and natural resources
10.8 finance committee and division, by
10.9 February 1998, detailing progress
10.10 toward implementation of the
10.11 comprehensive timber harvesting and
10.12 forest management guidelines, and the
10.13 establishment of a framework for
10.14 conducting landscape-based forest
10.15 resource planning and coordination
10.16 under Minnesota Statutes, chapter 89A.
10.17 Subd. 5. Parks and Recreation
10.18 Management
10.19 29,227,000 28,289,000
10.20 Summary by Fund
10.21 General 28,596,000 27,657,000
10.22 Natural Resources 631,000 632,000
10.23 $631,000 the first year and $632,000
10.24 the second year are from the water
10.25 recreation account in the natural
10.26 resources fund for state park
10.27 development projects. If the
10.28 appropriation in either year is
10.29 insufficient, the appropriation for the
10.30 other year is available for it.
10.31 $4,500,000 the first year and
10.32 $4,500,000 the second year are for
10.33 payment of a grant to the metropolitan
10.34 council for metropolitan area regional
10.35 parks maintenance and operation.
10.36 $150,000 the first year and $150,000
10.37 the second year are for the development
10.38 and operation of Glendalough state park.
10.39 $150,000 the first year and $150,000
10.40 the second year are for the development
10.41 and operation of Cuyuna county state
10.42 recreation area.
10.43 $150,000 the first year is to survey
10.44 trails in state parks for accessibility
10.45 to persons with disabilities. This
10.46 appropriation is available until
10.47 expended.
10.48 $75,000 the first year is for
10.49 architectural design and engineering
10.50 studies for a Minnesota rock, gem, and
10.51 mineral interpretative center to be
10.52 located within Moose Lake state park
10.53 near prime rock collecting areas. The
10.54 commissioner shall initiate the
10.55 architectural and engineering design
10.56 for the center. The focal point of the
10.57 center shall be the display of Lake
10.58 Superior agates as well as rocks, gems,
10.59 minerals, and geologic artifacts
11.1 indigenous to Minnesota. The
11.2 commissioner shall consult with the
11.3 Minnesota geological survey and members
11.4 of state and local rock, gem, and
11.5 mineral associations on the design of
11.6 the center. The commissioner may
11.7 accept for display at the center rocks,
11.8 gems, minerals, and geologic artifacts
11.9 collected by individuals and
11.10 associations and shall enter into any
11.11 loan agreements necessary to protect
11.12 all parties from liability for loss or
11.13 damage to items loaned for display.
11.14 The commissioner shall prepare
11.15 information for visitors describing
11.16 geologic field trips and local rock
11.17 collecting opportunities and, in
11.18 addition, shall display and provide
11.19 written information on other areas of
11.20 the state that provide prime rock, gem,
11.21 and mineral collecting opportunities.
11.22 The commissioner shall consult with the
11.23 Minnesota Geological Society as well as
11.24 state and local rock, gem, and mineral
11.25 associations on the location of prime
11.26 collection sites and on the preparation
11.27 of field trip literature. This
11.28 appropriation is available until
11.29 expended.
11.30 $75,000 the first year is for a study
11.31 of the size and extent of the Minnesota
11.32 state park system. This study shall
11.33 contain a long-range plan to provide
11.34 for a state park system which will
11.35 preserve appropriate representations of
11.36 Minnesota's landscape regions and meet
11.37 future demands for state park
11.38 resources, environmental education, and
11.39 recreational opportunities. The plan
11.40 shall consider the demand for outdoor
11.41 recreation, gaps in the system,
11.42 recreation use trends and patterns,
11.43 natural and cultural resource needs,
11.44 land use trends, economic factors such
11.45 as costs and benefits, and other
11.46 relevant factors. The plan shall
11.47 contain recommendations for additions,
11.48 deletions, modifications, and
11.49 classifications for the system. The
11.50 plan shall be submitted to the chairs
11.51 of the senate and house of
11.52 representatives environment and natural
11.53 resources committees, the environment
11.54 and agriculture budget division of the
11.55 senate, and the house of
11.56 representatives environment and natural
11.57 resources finance committee by July 15,
11.58 1999. The commissioner shall not
11.59 contract with a consultant to manage
11.60 the study, develop recommendations and
11.61 conclusions, or write the plan
11.62 resulting from the study.
11.63 $50,000 the first year is for park
11.64 improvement. Of that amount, $25,000
11.65 is for building rehabilitation at
11.66 Interstate State Park, $25,000 is for
11.67 electrical rehabilitation at Wild River
11.68 State Park.
12.1 $1,000,000 the first year is for
12.2 resource protection activities in state
12.3 parks. This appropriation is a
12.4 one-time appropriation.
12.5 Subd. 6. Trails and Waterways
12.6 Management
12.7 22,103,000 14,979,000
12.8 Summary by Fund
12.9 General 8,377,000 1,377,000
12.10 Natural Resources 12,447,000 12,551,000
12.11 Game and Fish 1,279,000 1,051,000
12.12 $5,100,000 the first year and
12.13 $5,100,000 the second year are from the
12.14 snowmobile trails and enforcement
12.15 account in the natural resources fund
12.16 for snowmobile grants-in-aid.
12.17 $252,000 the first year and $254,000
12.18 the second year are from the water
12.19 recreation account in the natural
12.20 resources fund for a safe harbor
12.21 program on Lake Superior. Any
12.22 unencumbered balance at the end of the
12.23 first year does not cancel and is
12.24 available for the second year.
12.25 $2,400,000 the first year is for the
12.26 Taconite Harbor safe harbor project.
12.27 The full appropriation is available if
12.28 the project is not funded by the
12.29 federal government before January 1,
12.30 1998. If funded by the federal
12.31 government, this appropriation will be
12.32 available to the extent needed to meet
12.33 the federal matching requirements and
12.34 to construct the nonmatching part of
12.35 the project. If the full amount is not
12.36 needed for the Taconite Harbor project,
12.37 the remaining funds are available for
12.38 the safe harbor project in Two
12.39 Harbors. If made available, the
12.40 appropriation is available until
12.41 expended.
12.42 $125,000 the first year is for the
12.43 border-to-border trail study of the
12.44 trails and waterways division. The
12.45 border-to-border trail study shall
12.46 inventory and integrate local,
12.47 regional, and state trail systems and
12.48 plan for future development, including
12.49 identifying abandoned rail lines and
12.50 dual treadways. The Minnesota
12.51 recreational trail users association
12.52 shall serve as the advisory group to
12.53 the department of natural resources in
12.54 developing the study and plan. The
12.55 appropriation is available until June
12.56 30, 1999.
12.57 $1,000,000 the first year is for the
12.58 operation and maintenance of the state
12.59 trail system as defined in Minnesota
12.60 Statutes, chapter 86A. This is a
13.1 one-time appropriation.
13.2 $1,200,000 the first year is for
13.3 connections to the Gateway segment of
13.4 the Willard Munger trail to North St.
13.5 Paul high school property and to the
13.6 city of Roseville trail system.
13.7 $500,000 the first year is for trail
13.8 improvements. Of this amount, $128,000
13.9 is to develop the western extension of
13.10 the Root river state trail in the
13.11 Blufflands trail system, $211,000 is to
13.12 construct a parking lot at the Harmony
13.13 trailhead, and $161,000 is for
13.14 development of parking lot and trail
13.15 access improvements at Lanesboro.
13.16 $300,000 the first year is for a local
13.17 match for a department of
13.18 transportation ISTEA grant in the
13.19 amount of $663,000 for a proposed trail
13.20 between Pelican Rapids and Maplewood
13.21 state park. The appropriation is
13.22 available until June 30, 1999. If the
13.23 ISTEA grant is not awarded, the
13.24 appropriation is canceled.
13.25 $1,500,000 the first year is to provide
13.26 increased access to lakes and rivers
13.27 statewide through the provision of
13.28 fishing piers and shoreline access.
13.29 One-half of the amount is for access
13.30 within the seven-county metropolitan
13.31 area. This is a one-time appropriation.
13.32 Subd. 7. Fish and Wildlife Management
13.33 44,680,000 41,829,000
13.34 Summary by Fund
13.35 General 8,602,000 4,299,000
13.36 Natural Resources 2,013,000 2,048,000
13.37 Game and Fish 34,065,000 35,482,000
13.38 $305,000 the first year and $310,000
13.39 the second year are for resource
13.40 population surveys in the 1837 treaty
13.41 area. Of this amount, $104,000 the
13.42 first year and $106,000 the second year
13.43 are from the game and fish fund.
13.44 $923,000 the first year and $943,000
13.45 the second year are from the nongame
13.46 wildlife management account in the
13.47 natural resources fund for the purpose
13.48 of nongame wildlife management. Any
13.49 unencumbered balance remaining in the
13.50 first year does not cancel but is
13.51 available the second year.
13.52 $1,337,000 the first year and
13.53 $1,361,000 the second year are for the
13.54 reinvest in Minnesota programs of game
13.55 and fish, critical habitat, and
13.56 wetlands established under Minnesota
13.57 Statutes, section 84.95, subdivision
13.58 2. Any unencumbered balance for the
14.1 first year does not cancel but is
14.2 available for use the second year.
14.3 $1,110,000 the first year and
14.4 $1,117,000 the second year are from the
14.5 wildlife acquisition account for only
14.6 the purposes specified in Minnesota
14.7 Statutes, section 97A.071, subdivision
14.8 3.
14.9 $935,000 the first year and $956,000
14.10 the second year are from the deer
14.11 habitat improvement account for only
14.12 the purposes specified in Minnesota
14.13 Statutes, section 97A.075, subdivision
14.14 1, paragraph (b).
14.15 $60,000 the first year and $61,000 the
14.16 second year are from the deer and bear
14.17 management account for only the
14.18 purposes specified in Minnesota
14.19 Statutes, section 97A.075, subdivision
14.20 1, paragraph (c).
14.21 $668,000 the first year and $673,000
14.22 the second year are from the waterfowl
14.23 habitat improvement account for only
14.24 the purposes specified in Minnesota
14.25 Statutes, section 97A.075, subdivision
14.26 2.
14.27 $652,000 the first year and $654,000
14.28 the second year are from the trout and
14.29 salmon management account for only the
14.30 purposes specified in Minnesota
14.31 Statutes, section 97A.075, subdivision
14.32 3.
14.33 $545,000 the first year and $545,000
14.34 the second year are from the pheasant
14.35 habitat improvement account for only
14.36 the purposes specified in Minnesota
14.37 Statutes, section 97A.075, subdivision
14.38 4.
14.39 $292,000 the first year and $295,000
14.40 the second year are from the game and
14.41 fish fund for activities relating to
14.42 reduction and prevention of property
14.43 damage by wildlife. $50,000 each year
14.44 is for emergency damage abatement
14.45 materials.
14.46 $63,000 the first year and $63,000 the
14.47 second year are from the wild turkey
14.48 management account for only the
14.49 purposes specified in Minnesota
14.50 Statutes, section 97A.075, subdivision
14.51 5.
14.52 $100,000 the first year and $100,000
14.53 the second year are for water
14.54 monitoring activities, including
14.55 integrated monitoring using biology,
14.56 chemistry, hydrology, and habitat
14.57 assessment for water quality assessment.
14.58 $4,300,000 the first year is to the
14.59 critical habitat private sector
14.60 matching account for the purposes of
14.61 Minnesota Statutes, section 84.943.
15.1 $500,000 the first year and $500,000
15.2 the second year are for the wildlife
15.3 depredation program in section 72.
15.4 $100,000 the first year and $50,000 the
15.5 second year are for the prairie
15.6 right-of-way inventory in Minnesota
15.7 Statutes, sections 219.99 and 219.991.
15.8 $50,000 in the second year is for the
15.9 improvement guidelines in Minnesota
15.10 Statutes, section 219.991.
15.11 The positions for the forest ecologist,
15.12 metropolitan natural community
15.13 ecologist, and scientific and natural
15.14 areas volunteer stewardship coordinator
15.15 now in the unclassified service shall
15.16 be transferred without competitive
15.17 examination to the classified service
15.18 of the state.
15.19 Subd. 8. Enforcement
15.20 20,500,000 20,661,000
15.21 Summary by Fund
15.22 General 3,677,000 3,582,000
15.23 Natural Resources 4,684,000 4,705,000
15.24 Game and Fish 12,039,000 12,274,000
15.25 Solid Waste 100,000 100,000
15.26 $1,082,000 the first year and
15.27 $1,082,000 the second year are from the
15.28 water recreation account in the natural
15.29 resources fund for grants to counties
15.30 for boat and water safety.
15.31 $100,000 each year is from the solid
15.32 waste fund for solid waste enforcement
15.33 activities under Minnesota Statutes,
15.34 section 116.073.
15.35 $200,000 the first year is for
15.36 enforcement activities regarding the
15.37 1837 treaty.
15.38 Within the funding appropriated, there
15.39 shall be created a cooperative
15.40 snowmobile safety enforcement task
15.41 force consisting of six peace
15.42 officers. The task force shall include
15.43 four new full-time equivalent
15.44 conservation officers, three of whom
15.45 shall be funded in the dedicated
15.46 snowmobile account of the natural
15.47 resources fund in the enforcement
15.48 division and one full-time equivalent
15.49 funded in the general fund in the
15.50 division of parks. The sheriff's
15.51 office in the county where the task
15.52 force is working shall provide two
15.53 peace officers to the task force. Of
15.54 the four new conservation officer
15.55 positions, three of the persons hired
15.56 shall be from protected classes.
15.57 $197,000 the first year and $230,000
16.1 the second year are to recruit and
16.2 train members of the Southeast Asian
16.3 community for new conservation officer
16.4 positions that will begin after July 1,
16.5 1999. This appropriation is for
16.6 recruiting, screening, and training the
16.7 candidates, and for providing a monthly
16.8 stipend for the candidates, educational
16.9 costs, a program coordinator position,
16.10 and outreach locations within the
16.11 Southeast Asian community.
16.12 The commissioner shall maintain
16.13 historic levels of overtime and retain
16.14 field-based conservation officer
16.15 positions except in the event of
16.16 unanticipated budget shortfalls or
16.17 unallotments. The commissioner may
16.18 reduce these items in proportion with
16.19 other reductions in the division.
16.20 Subd. 9. Operations Support
16.21 35,313,000 28,581,000
16.22 Summary by Fund
16.23 General 23,661,000 16,695,000
16.24 Natural Resources 3,471,000 3,542,000
16.25 Game and Fish 8,181,000 8,344,000
16.26 The commissioner of natural resources
16.27 may contract with and make grants to
16.28 nonprofit agencies to carry out the
16.29 purposes, plans, and programs of the
16.30 office of youth programs, Minnesota
16.31 conservation corps.
16.32 $250,000 the first year is to be
16.33 transferred to the director of the
16.34 office of strategic and long-range
16.35 planning. The money is to be used for
16.36 a grant to the Northern Counties Land
16.37 Use Coordinating Board, contingent on
16.38 the board receiving $125,000 in local
16.39 matching funds. The grant is to be
16.40 used for developing a coordinated
16.41 planning process and comprehensive land
16.42 use plans pursuant to policy goals in
16.43 the National Environmental Policy Act,
16.44 United States Code, title 42, section
16.45 4331.
16.46 $425,000 the first year and $425,000
16.47 the second year are for the community
16.48 assistance program, including
16.49 metropolitan trout stream watershed
16.50 coordinators, Red River technical
16.51 assistance, northeast Minnesota public
16.52 affairs and communication, Metro
16.53 Greenways and natural areas assistance
16.54 and grants, and regional resource
16.55 enhancement grants.
16.56 $500,000 the first year is for a grant
16.57 to the city of Wabasha to be used for
16.58 the development of the American bald
16.59 eagle center. This appropriation must
16.60 be matched by $1 of nonstate money for
17.1 each $1 appropriated. The
17.2 appropriation is available for the
17.3 biennium ending June 30, 1999.
17.4 $228,000 the first year is for a grant
17.5 to Friends of Rydell Refuge
17.6 Association, Inc. The Friends of
17.7 Rydell Refuge must enter into a
17.8 memorandum of agreement with the United
17.9 States Fish and Wildlife Service to
17.10 provide for people with disabilities
17.11 the following facilities at Rydell
17.12 national wildlife refuge in Polk county:
17.13 (1) seven miles of paved trails,
17.14 including overlooks; (2) accessible
17.15 fishing pier, decks, landscaping, and
17.16 boardwalk at sights within the refuge;
17.17 (3) accessible restroom facilities; (4)
17.18 meeting room accessibility and visitor
17.19 center upgrade; and (5) target range
17.20 accessibility. Any amount unexpended
17.21 in fiscal year 1998 remains available
17.22 for expenditure in fiscal year 1999.
17.23 $250,000 the first year is to be used
17.24 to make payments on unpaid back ditch
17.25 assessments levied by Marshall and
17.26 Beltrami counties.
17.27 $125,000 the first year is for a grant
17.28 to the city of St. Paul for a four acre
17.29 Mississippi river floodplain wetland
17.30 restoration project in an unused former
17.31 marina harbor located within the Hidden
17.32 Falls/Crosby Farm Regional Park.
17.33 $155,000 the first year and $200,000
17.34 the second year are for the Southeast
17.35 Asian environmental education
17.36 internship and training program.
17.37 $200,000 the first year is for a grant
17.38 to the city of South St. Paul for
17.39 erosion control at Kaposia Park and
17.40 development of a regional trail
17.41 connection. Nonstate match funding of
17.42 $2 for every $1 of this appropriation
17.43 is required.
17.44 $85,000 the first year and $85,000 the
17.45 second year are for a grant to the
17.46 Minnesota Children's Museum for early
17.47 childhood environmental education that
17.48 introduces young children to the
17.49 natural environment through four
17.50 different Minnesota habitats.
17.51 $5,000,000 the first year is for a
17.52 grant to the city of St. Paul for
17.53 expenditures necessary to carry out the
17.54 Harriet Island redevelopment in
17.55 accordance with the Lilydale/Harriet
17.56 Island master plan. The appropriation
17.57 is available upon the provision by, or
17.58 for the benefit of, the city of St.
17.59 Paul of $5,000,000 as a local match
17.60 earmarked for expenditures necessary to
17.61 carry out the Harriet Island
17.62 redevelopment. Before the
17.63 appropriation or local match is spent
17.64 or obligated, the city of St. Paul must
18.1 seek public comments on the Harriet
18.2 Island redevelopment.
18.3 $700,000 the first year is for a grant
18.4 to independent school district No. 621,
18.5 Mounds View, to renovate the Laurentian
18.6 Environmental Learning Center located
18.7 in the Superior National Forest.
18.8 $55,000 the first year is for a grant
18.9 to Chippewa county for design and
18.10 engineering specifications for: (1)
18.11 expansion of the landing and boat
18.12 access on the Minnesota river at
18.13 Wegdahl and related development of a
18.14 regional park; and (2) development of a
18.15 15-mile multiuse trail along the
18.16 Minnesota river valley connecting the
18.17 city of Granite Falls to the Chippewa
18.18 county regional trail system.
18.19 $15,000 the first year is to study
18.20 realignment and safety enhancements of
18.21 the State Highway 95 trail between
18.22 County Road 4 and Elm Street in Marine
18.23 on St. Croix in Washington county that
18.24 can connect with the existing
18.25 recreation corridor on the Highway 95
18.26 shoulder to serve as a walking,
18.27 bicycling, and snowmobiling trail.
18.28 $80,000 the first year is for a grant
18.29 to Stearns county for the purpose of
18.30 completing a trail within Quarry Park
18.31 and Nature Preserve.
18.32 Sec. 6. BOARD OF WATER AND
18.33 SOIL RESOURCES 17,971,000 14,364,000
18.34 $5,353,000 the first year and
18.35 $5,353,000 the second year are for
18.36 natural resources block grants to local
18.37 governments. Of this amount, $50,000
18.38 in each year is for a grant to the
18.39 North Shore Management Board and
18.40 $35,000 in each year is for a grant to
18.41 the St. Louis River board. $18,750 of
18.42 this amount in the first year is a
18.43 grant to the Pine county soil and water
18.44 conservation district as a match to
18.45 fund the Partridge township sink hole
18.46 study.
18.47 Grants must be matched with a
18.48 combination of local cash or in-kind
18.49 contributions. The base grant portion
18.50 related to water planning must be
18.51 matched by an amount that would be
18.52 raised by a levy under Minnesota
18.53 Statutes, section 103B.3369.
18.54 $3,554,000 the first year and
18.55 $2,054,000 the second year are for
18.56 grants to soil and water conservation
18.57 districts for general purposes and for
18.58 implementation of the RIM conservation
18.59 reserve program. Upon approval of the
18.60 board, expenditures may be made from
18.61 these appropriations for supplies and
18.62 services benefiting soil and water
18.63 conservation districts.
19.1 $2,120,000 the first year and
19.2 $2,120,000 the second year are for
19.3 grants to soil and water conservation
19.4 districts for cost-sharing contracts
19.5 for erosion control and water quality
19.6 management. This appropriation is
19.7 available until expended.
19.8 $189,000 the first year and $189,000
19.9 the second year are for grants to
19.10 watershed districts and other local
19.11 units of government in the southern
19.12 Minnesota river basin study area 2 for
19.13 floodplain management.
19.14 $200,000 the first year is for a grant
19.15 to Chisago and Washington counties for
19.16 the abandonment of joint ditch No. 1.
19.17 $700,000 the first year is to complete
19.18 water quality improvement projects with
19.19 the 12 major watersheds of the
19.20 Minnesota river basin, to be available
19.21 until June 30, 1999. The water quality
19.22 improvement projects must utilize
19.23 practices that are proven effective,
19.24 must have landowner support, and must
19.25 be prioritized by the Minnesota river
19.26 basin joint powers board and the board
19.27 of water and soil resources. The board
19.28 of water and soil resources shall use
19.29 this appropriation only for those
19.30 projects where the local landowners and
19.31 counties provide 25 percent of project
19.32 costs in cash or in kind. The board
19.33 shall provide 100 percent funding for
19.34 planning that directly results in the
19.35 implementation of an approved project.
19.36 $1,000,000 the first year is for grants
19.37 to local government for the urban
19.38 greenscapes program. The board, in
19.39 consultation with local governing
19.40 units, shall establish a program to
19.41 enroll lands into the urban greenscapes
19.42 program. Selection of land shall be
19.43 based on its potential to preserve or
19.44 restore unique and endangered
19.45 landscapes, protect water quality,
19.46 reduce soil erosion, enhance fish and
19.47 wildlife habitat, manage storm water
19.48 and preserve open space. A priority
19.49 shall be placed on securing lands in
19.50 priority areas identified as part of
19.51 the metro greenways and natural areas
19.52 network in local water plans, and where
19.53 local partners contribute funds. This
19.54 is a one-time appropriation.
19.55 $150,000 the first year is for a grant
19.56 to the Faribault county soil and water
19.57 conservation district for the
19.58 quad-lakes restoration project in
19.59 Faribault and Blue Earth counties.
19.60 $100,000 the first year and $100,000
19.61 the second year are for a community
19.62 assistance program to provide watershed
19.63 education and communication assistance
19.64 to local governments in the
19.65 metropolitan area.
20.1 Any unencumbered balance in the board's
20.2 program of grants does not cancel at
20.3 the end of the first year and is
20.4 available for the second year for the
20.5 same grant program.
20.6 Sec. 7. AGRICULTURE
20.7 Subdivision 1. Total
20.8 Appropriation 27,427,000 25,003,000
20.9 Summary by Fund
20.10 General 17,407,000 14,993,000
20.11 Special Revenue 9,751,000 9,741,000
20.12 Environmental 269,000 269,000
20.13 The amounts that may be spent from this
20.14 appropriation for each program are
20.15 specified in the following subdivisions.
20.16 Subd. 2. Protection Service
20.17 17,654,000 16,957,000
20.18 Summary by Fund
20.19 General 7,890,000 7,088,000
20.20 Special Revenue 9,495,000 9,600,000
20.21 Environmental 269,000 269,000
20.22 $269,000 the first year and $269,000
20.23 the second year are from the
20.24 environmental response, compensation,
20.25 and compliance account in the
20.26 environmental fund.
20.27 $4,287,000 the first year and
20.28 $4,367,000 the second year are from the
20.29 pesticide regulatory account
20.30 established under Minnesota Statutes,
20.31 section 18B.05, for administration and
20.32 enforcement of Minnesota Statutes,
20.33 chapter 18B.
20.34 $732,000 the first year and $747,000
20.35 the second year are from the fertilizer
20.36 inspection account established under
20.37 Minnesota Statutes, section 18C.131,
20.38 for administration and enforcement of
20.39 Minnesota Statutes, chapter 18C.
20.40 $368,000 the first year and $368,000
20.41 the second year are from the seed
20.42 potato inspection fund established
20.43 under Minnesota Statutes, section
20.44 21.115, for administration and
20.45 enforcement of Minnesota Statutes,
20.46 sections 21.111 to 21.122.
20.47 $727,000 the first year and $741,000
20.48 the second year are from the seed
20.49 inspection fund established under
20.50 Minnesota Statutes, section 21.92, for
20.51 administration and enforcement of
20.52 Minnesota Statutes, sections 21.80 to
20.53 21.92.
21.1 $731,000 the first year and $744,000
21.2 the second year are from the commercial
21.3 feed inspection account established
21.4 under Minnesota Statutes, section
21.5 25.39, subdivision 4, for
21.6 administration and enforcement of
21.7 Minnesota Statutes, sections 25.35 to
21.8 25.44.
21.9 $530,000 the first year and $530,000
21.10 the second year are from the fruit and
21.11 vegetables inspection account
21.12 established under Minnesota Statutes,
21.13 section 27.07, subdivision 6, for
21.14 administration and enforcement of
21.15 Minnesota Statutes, section 27.07.
21.16 $1,746,000 the first year and
21.17 $1,779,000 the second year are from the
21.18 dairy services account established
21.19 under Minnesota Statutes, section
21.20 32.394, subdivision 9, for the purpose
21.21 of dairy services under Minnesota
21.22 Statutes, chapter 32.
21.23 $324,000 the first year and $324,000
21.24 the second year are from the livestock
21.25 weighing fund established under
21.26 Minnesota Statutes, section 17A.11, for
21.27 the purpose of livestock weighing costs
21.28 under Minnesota Statutes, chapter 17A.
21.29 $53,000 the first year and $53,000 the
21.30 second year are for payment of claims
21.31 relating to livestock damaged by
21.32 threatened or endangered animal species
21.33 and agricultural crops damaged by elk.
21.34 If the appropriation for either year is
21.35 insufficient, the appropriation for the
21.36 other year is available for it.
21.37 $160,000 the first year and $160,000
21.38 the second year are an increase for the
21.39 grade A and manufacturing grade
21.40 inspection programs under Minnesota
21.41 Statutes, section 32.394.
21.42 $700,000 the first year is for a grant
21.43 to the University of Minnesota as
21.44 funding for research on wheat and
21.45 barley diseases, primarily head scab.
21.46 This appropriation is in addition to
21.47 other public and nonpublic money for
21.48 scab research.
21.49 $250,000 the first year is to be
21.50 credited to the seed potato inspection
21.51 fund and used for the administration
21.52 and enforcement of Minnesota Statutes,
21.53 sections 21.80 to 21.92. The
21.54 appropriation is to supplement the fees
21.55 paid by seed potato growers with an
21.56 amount that is intended to offset cost
21.57 overruns on the construction of the new
21.58 seed potato inspection facility in East
21.59 Grand Forks which were beyond the
21.60 control and responsibility of the seed
21.61 potato growers.
21.62 Subd. 3. Agricultural Marketing and Development
22.1 3,175,000 3,110,000
22.2 Summary by Fund
22.3 General 2,919,000 2,969,000
22.4 Special Revenue 256,000 141,000
22.5 $100,000 each year is from the general
22.6 fund for a contract with the Minnesota
22.7 Institute for Sustainable Agriculture
22.8 to gather, evaluate, publish, and
22.9 disseminate sustainable agriculture
22.10 information to a broad audience through
22.11 both printed and electronic means. The
22.12 Minnesota institute for sustainable
22.13 agriculture must work in cooperation
22.14 with the department of agriculture in
22.15 carrying out this activity.
22.16 Notwithstanding Minnesota Statutes,
22.17 section 41A.09, subdivision 3, the
22.18 total payments from the ethanol
22.19 development account to all producers
22.20 may not exceed $44,651,000 for the
22.21 biennium ending June 30, 1999. If the
22.22 total amount for which all producers
22.23 are eligible in a quarter exceeds the
22.24 amount available for payments, the
22.25 commissioner shall make the payments on
22.26 a pro rata basis.
22.27 $100,000 the first year and $100,000
22.28 the second year are for ethanol
22.29 promotion and public education.
22.30 $71,000 the first year and $71,000 the
22.31 second year are for transfer to the
22.32 Minnesota grown matching account and
22.33 may be used as grants for Minnesota
22.34 grown promotion under Minnesota
22.35 Statutes, section 17.109.
22.36 $141,000 the first year and $141,000
22.37 the second year are from the
22.38 commodities research and promotion
22.39 account in the special revenue fund.
22.40 $115,000 is from the Minnesota
22.41 conservation fund, established in
22.42 Minnesota Statutes, section 40A.151, to
22.43 the commissioner of agriculture to
22.44 provide a match to the $100,000
22.45 appropriation from the future resources
22.46 fund to evaluate the effectiveness of
22.47 Minnesota's agricultural land
22.48 preservation programs, make
22.49 recommendations for statutory and
22.50 programmatic improvements, and identify
22.51 and quantify fiscal impacts of urban
22.52 sprawl.
22.53 $76,000 the first year and $77,000 the
22.54 second year are for development and
22.55 promotion of integrated pest management
22.56 in an urban environment. The urban
22.57 integrated pest management development
22.58 and promotion program must be
22.59 coordinated with Metropolitan State
22.60 University.
23.1 $80,000 the first year and $80,000 the
23.2 second year are for grants to farmers
23.3 for demonstration projects involving
23.4 sustainable agriculture. If a project
23.5 cost is more than $25,000, the amount
23.6 above $25,000 must be cost-shared at a
23.7 state-applicant ratio of one to one.
23.8 Priorities must be given for projects
23.9 involving multiple parties. Up to
23.10 $20,000 each year may be used for
23.11 dissemination of information about the
23.12 demonstration grant projects. The
23.13 commissioner may award as grants, up to
23.14 $60,000 per biennium for market
23.15 development and analysis of small,
23.16 community-based, value-added processing
23.17 of agricultural products or production
23.18 of high value crops. Individual awards
23.19 may not exceed $10,000. Criteria for
23.20 awards must be consistent with
23.21 Minnesota Statutes, section 17.116,
23.22 subdivision 3, paragraph (c). If the
23.23 appropriation for either year is
23.24 insufficient, the appropriation for the
23.25 other is available.
23.26 Subd. 4. Administration and
23.27 Financial Assistance
23.28 6,598,000 4,936,000
23.29 $100,000 the first year and $100,000
23.30 the second year must be spent for the
23.31 WIC coupon program.
23.32 $115,000 the first year and $99,000 the
23.33 second year are for family farm
23.34 security interest payment adjustments.
23.35 If the appropriation for either year is
23.36 insufficient, the appropriation for the
23.37 other year is available for it. No new
23.38 loans may be approved in fiscal year
23.39 1998 or 1999.
23.40 $201,000 the first year and $202,000
23.41 the second year are for the family farm
23.42 advocacy program.
23.43 $70,000 the first year and $70,000 the
23.44 second year are for the northern crops
23.45 institute. These appropriations may be
23.46 spent to purchase equipment and are
23.47 available until spent.
23.48 $150,000 the first year and $150,000
23.49 the second year are for grants to
23.50 agriculture information centers. The
23.51 grants are only available on a match
23.52 basis. The funds may be released at
23.53 the rate of $4 of state money for each
23.54 $1 of matching nonstate money that is
23.55 raised. Any appropriated amounts not
23.56 matched by April 1 of each year are
23.57 available for other purposes within the
23.58 department, of which $10,000 each year
23.59 may be used for farm safety programs
23.60 and remains available until June 30,
23.61 1999.
23.62 $115,000 the first year and $115,000
23.63 the second year are for the Seaway Port
24.1 Authority of Duluth.
24.2 $19,000 the first year and $19,000 the
24.3 second year are for a grant to the
24.4 Minnesota Livestock Breeders'
24.5 Association.
24.6 $75,000 the first year and $125,000 the
24.7 second year are for the Passing on the
24.8 Farm Center under Minnesota Statutes,
24.9 section 17.985. This appropriation is
24.10 available only to the extent matched
24.11 with nonstate money.
24.12 $75,000 the first year and $75,000 the
24.13 second year are for beaver damage
24.14 control grants.
24.15 $70,000 the first year is for the
24.16 construction costs of a greenhouse to
24.17 produce biological control agents.
24.18 $1,000,000 the first year is to expand
24.19 the one-on-one educational delivery
24.20 team system to provide appropriate
24.21 technologies, including rotational
24.22 grazing and other sustainable
24.23 agriculture methods, applicable to
24.24 small and medium sized dairy farms to
24.25 enhance the financial success and
24.26 long-term sustainability of dairy farms
24.27 in the state. Activities of the dairy
24.28 diagnostic teams must be spread
24.29 throughout the dairy producing regions
24.30 of the state. The teams must consist
24.31 of farm business management
24.32 instructors, dairy extension
24.33 specialists, and dairy industry
24.34 partners to deliver the informational
24.35 and technological services. Not later
24.36 than February 1, 1998, the commissioner
24.37 shall provide an interim report to the
24.38 standing committees of the Minnesota
24.39 senate and house of representatives
24.40 that deal with agricultural policy
24.41 issues and funding on activities and
24.42 accomplishments of the dairy diagnostic
24.43 teams. The commissioner shall provide
24.44 a follow-up report to the committees on
24.45 February 1, 1999.
24.46 $90,000 the first year and $90,000 the
24.47 second year are for funding litigation
24.48 to accomplish reform of the federal
24.49 milk market order system and for legal
24.50 actions opposing the Northeast Dairy
24.51 Compact.
24.52 $100,000 the first year is to the
24.53 commissioner of agriculture to transfer
24.54 to the public utilities commission for
24.55 costs related to the duties of the
24.56 commission and the team of science
24.57 advisors established under Laws 1994,
24.58 chapter 573, as amended. This
24.59 appropriation remains available until
24.60 June 30, 1999.
24.61 $50,000 the first year and $50,000 the
24.62 second year are for activities of the
24.63 dairy producers board under Minnesota
25.1 Statutes, section 17.76.
25.2 $500,000 the first year is for
25.3 livestock odor research. Of this
25.4 amount, $300,000 is for a grant to the
25.5 University of Minnesota department of
25.6 biosystems and agricultural engineering
25.7 for research and development of: (1)
25.8 an odor rating system that compares
25.9 odor levels of livestock production
25.10 facilities based on the species of
25.11 livestock, livestock housing, manure
25.12 management systems, and other factors
25.13 that contribute to odor levels, with
25.14 the odor rating to be determined using
25.15 olfactometry; (2) information tools to
25.16 be provided to local units of
25.17 government to create setback
25.18 requirements for livestock production
25.19 facilities based on the odor rating
25.20 system developed in clause (1); (3)
25.21 best management practices to control
25.22 livestock odor with priority on the
25.23 development of practices that control
25.24 odor as much as economically feasible
25.25 during seasonal and other periods of
25.26 peak odor levels; and (4) provisions
25.27 for rating the efficacy of new
25.28 odor-reduction technologies and
25.29 additives. Applicants for a rating
25.30 under this clause must pay for the
25.31 research necessary to provide the
25.32 rating to be used in marketing their
25.33 new technology. $200,000 is for a
25.34 grant to a higher education institution
25.35 for research, development, and
25.36 promotion of low-emission and
25.37 low-energy alternative hog production
25.38 systems and promotion of developed
25.39 systems, including hoop houses, the
25.40 Swedish model (Vastgotamodellen) for
25.41 farrowing and feeder pig production,
25.42 and pasture grazing and farrowing.
25.43 $200,000 the first year and $200,000
25.44 the second year are to develop a
25.45 scientific data base on odor from
25.46 feedlots, conduct research on
25.47 biofilters as odor suppressants, and
25.48 evaluate composting and drainage
25.49 systems for effectiveness. This is a
25.50 one-time appropriation.
25.51 $100,000 the first year is for a grant
25.52 to the University of Minnesota for
25.53 funding of continued research and
25.54 development on improved turf grasses to
25.55 be produced in Minnesota. The agronomy
25.56 and plant genetics department shall
25.57 continue its collaboration with turf
25.58 seed producing and seed marketing
25.59 companies in Minnesota. This
25.60 appropriation remains available until
25.61 June 30, 1999. Not later than March 1,
25.62 1999, the agronomy and plant genetics
25.63 department of the University of
25.64 Minnesota shall report to the
25.65 committees of the Minnesota senate and
25.66 house of representatives that deal with
25.67 agricultural policy on the activities
25.68 and interim results of the
26.1 appropriation.
26.2 Sec. 8. BOARD OF ANIMAL HEALTH 2,348,000 2,383,000
26.3 $40,000 the first year and $40,000 the
26.4 second year are for a program to
26.5 control para-tuberculosis ("Johne's
26.6 disease") in domestic bovine herds.
26.7 The board must design and implement a
26.8 program to provide educational and
26.9 financial assistance to bovine herd
26.10 owners for testing and related
26.11 activities that will reduce the
26.12 prevalence of the disease in herds
26.13 known to be infected and to establish
26.14 "test negative" herds as a source of
26.15 negative replacement cattle. Not later
26.16 than January 31, 1999, the executive
26.17 secretary shall report to the
26.18 legislature on the progress and results
26.19 of the para-tuberculosis control
26.20 program.
26.21 $49,000 the first year and $40,000 the
26.22 second year are for a grant to the
26.23 University of Minnesota college of
26.24 veterinary medicine to be used for
26.25 development and implementation of the
26.26 companion animal resource education
26.27 program, in collaboration with the
26.28 Minnesota extension service.
26.29 Sec. 9. SCIENCE MUSEUM
26.30 OF MINNESOTA 1,136,000 1,164,000
26.31 Sec. 10. MINNESOTA-WISCONSIN
26.32 BOUNDARY AREA COMMISSION 172,000 -0-
26.33 Summary by Fund
26.34 General 141,000 -0-
26.35 Natural Resources 31,000 -0-
26.36 Sec. 11. MINNESOTA ACADEMY
26.37 OF SCIENCE 41,000 41,000
26.38 $5,000 the first year and $5,000 the
26.39 second year are for a program to
26.40 provide hands on science activities for
26.41 elementary school children.
26.42 Sec. 12. MINNESOTA HORTICULTURAL
26.43 SOCIETY 82,000 82,000
26.44 Sec. 13. AGRICULTURAL UTILIZATION
26.45 RESEARCH INSTITUTE 4,480,000 3,830,000
26.46 Summary by Fund
26.47 General 4,280,000 3,630,000
26.48 Special Revenue 200,000 200,000
26.49 $150,000 the first year is for
26.50 development of a program of marketing a
26.51 value-added agriculture product by a
26.52 community-based youth program.
26.53 $200,000 the first year and $200,000
26.54 the second year are for hybrid tree
27.1 management research and development of
27.2 an implementation plan for establishing
27.3 hybrid tree plantations in the state.
27.4 This appropriation is available to the
27.5 extent matched by $2 of nonstate
27.6 contributions, either cash or in kind,
27.7 for each $1 of state money.
27.8 Sec. 14. MINNESOTA RESOURCES
27.9 Subdivision 1. Total
27.10 Appropriation 37,208,000
27.11 Summary by Fund
27.12 Minnesota Future
27.13 Resources Fund 14,668,000
27.14 Environment and
27.15 Natural Resources
27.16 Trust Fund 22,270,000
27.17 Great Lakes Protection
27.18 Account 120,000
27.19 Oil Overcharge
27.20 Money in the Special
27.21 Revenue Fund 150,000
27.22 Unless otherwise provided, the amounts
27.23 in this section are available until
27.24 June 30, 1999, when projects must be
27.25 completed and final products delivered.
27.26 Subd. 2. Definitions
27.27 (a) "Future resources fund" means the
27.28 Minnesota future resources fund
27.29 referred to in Minnesota Statutes,
27.30 section 116P.13.
27.31 (b) "Trust fund" means the Minnesota
27.32 environment and natural resources trust
27.33 fund referred to in Minnesota Statutes,
27.34 section 116P.02, subdivision 6.
27.35 (c) "Great lakes protection account"
27.36 means the account referred to in
27.37 Minnesota Statutes, section 116Q.02.
27.38 (d) "Oil overcharge money" means the
27.39 money referred to in Minnesota
27.40 Statutes, section 4.071, subdivision 2.
27.41 Subd. 3. Legislative Commission
27.42 on Minnesota Resources 776,000
27.43 $304,000 of this appropriation is from
27.44 the future resources fund and $472,000
27.45 is from the trust fund, pursuant to
27.46 Minnesota Statutes, section 116P.09,
27.47 subdivision 5.
27.48 Subd. 4. Recreation
27.49 (a) STATE PARK AND RECREATION AREA
27.50 ACQUISITION, DEVELOPMENT, BETTERMENT,
27.51 AND REHABILITATION 3,500,000
27.52 This appropriation is from the trust
27.53 fund to the commissioner of natural
28.1 resources as follows: (1) for state
28.2 park and recreation area acquisition,
28.3 $2,500,000; and (2) for state park and
28.4 recreation area development,
28.5 rehabilitation, and resource
28.6 management, $1,000,000, unless
28.7 otherwise specified in the approved
28.8 work program. The use of the Minnesota
28.9 conservation corps is encouraged. The
28.10 commissioner must submit grant requests
28.11 for supplemental funding for federal
28.12 ISTEA money in eligible categories and
28.13 report the results to the legislative
28.14 commission on Minnesota resources.
28.15 This project must be completed and
28.16 final products delivered by June 30,
28.17 2000, and the appropriation is
28.18 available until that date.
28.19 (b) METROPOLITAN REGIONAL PARK
28.20 SYSTEM 3,500,000
28.21 This appropriation is from the trust
28.22 fund for payment by the commissioner of
28.23 natural resources to the metropolitan
28.24 council for subgrants for acquisition,
28.25 development, and rehabilitation in the
28.26 metropolitan regional park system
28.27 consistent with the metropolitan
28.28 council regional recreation open space
28.29 capital improvement plan. This
28.30 appropriation may be used for the
28.31 purchase of homes only if the purchases
28.32 are expressly included in the work
28.33 program approved by the legislative
28.34 commission on Minnesota resources. The
28.35 metropolitan council shall collect and
28.36 digitize all local, regional, state,
28.37 and federal parks and all off-road
28.38 trails with connecting on-road routes
28.39 for the metropolitan area and produce a
28.40 printed map. This project must be
28.41 completed and final products delivered
28.42 by June 30, 2000, and the appropriation
28.43 is available until that date.
28.44 (c) LOCAL INITIATIVES GRANTS
28.45 PROGRAM 2,900,000
28.46 This appropriation is from the future
28.47 resources fund to the commissioner of
28.48 natural resources to provide matching
28.49 grants, as follows:
28.50 (1) $600,000 to local units of
28.51 government for local park and
28.52 recreation areas pursuant to Minnesota
28.53 Statutes, section 85.019. $50,000 of
28.54 this appropriation is to complete the
28.55 Larue public water access.
28.56 (2) $600,000 to local units of
28.57 government for natural and scenic areas
28.58 pursuant to Minnesota Statutes, section
28.59 85.019.
28.60 (3) $900,000 for trail grants to local
28.61 units of government on land to be
28.62 maintained for at least 20 years for
28.63 the purposes of the grant. $200,000 is
28.64 for grants of up to $50,000 per project
29.1 for trail linkages between communities,
29.2 trails, and parks, and $700,000 is for
29.3 grants of up to $250,000 for locally
29.4 funded trails of regional significance.
29.5 (4) $600,000 for a statewide
29.6 conservation partners program, to
29.7 encourage private organizations and
29.8 local governments to cost share
29.9 improvement of fish, wildlife, and
29.10 native plant habitats and research and
29.11 surveys of fish and wildlife.
29.12 Conservation partners grants may be up
29.13 to $10,000 each.
29.14 (5) $200,000 for environmental
29.15 partnerships program grants of up to
29.16 $10,000 each for environmental service
29.17 projects and related education
29.18 activities through public and private
29.19 partnerships.
29.20 In addition to the required work
29.21 program, grants may not be approved
29.22 until grant proposals to be funded have
29.23 been submitted to the legislative
29.24 commission on Minnesota resources and
29.25 the commission has approved the grants
29.26 or allowed 60 days to pass. The above
29.27 appropriations, in combination, are
29.28 available half for the metropolitan
29.29 area as defined in Minnesota Statutes,
29.30 section 473.121, subdivision 2, and
29.31 half for outside of the metropolitan
29.32 area. For the purpose of this
29.33 paragraph, match must be nonstate
29.34 contributions, but may be either cash
29.35 or in-kind. This project must be
29.36 completed and final products delivered
29.37 by June 30, 2000, and the appropriation
29.38 is available until that date.
29.39 Subd. 5. Historic Sites
29.40 (a) FORT SNELLING STATE PARK - UPPER
29.41 BLUFF UTILIZATION AND AYH HOSTEL 250,000
29.42 This appropriation is from the future
29.43 resources fund to the commissioner of
29.44 natural resources for a cooperative
29.45 project with Hostelling International
29.46 and community cooperators to develop a
29.47 conceptual utilization plan for the
29.48 Upper Bluff Area, assess buildings for
29.49 potential hostel use, and complete the
29.50 design and construction documents for a
29.51 building or buildings for future
29.52 renovation as a hostel. This
29.53 appropriation must be matched by at
29.54 least $20,000 of nonstate money.
29.55 (b) PROTECTING RURAL HISTORIC
29.56 LANDSCAPES IN HIGH DEVELOPMENT AREAS 80,000
29.57 This appropriation is from the trust
29.58 fund to the Minnesota Historical
29.59 Society to document resources and
29.60 prepare a management plan for
29.61 historical agricultural landscapes in
29.62 the St. Cloud-Rochester growth corridor.
30.1 (c) JEFFERS PETROGLYPHS ENVIRONMENTAL
30.2 ASSESSMENT AND PRAIRIE RESTORATION 125,000
30.3 This appropriation is from the future
30.4 resources fund to the Minnesota
30.5 Historical Society to establish an
30.6 environmental monitoring program and
30.7 assess environmental effects on the
30.8 petroglyphs and restore native prairie
30.9 to parts of this state site.
30.10 (d) HISTORICAL AND CULTURAL MUSEUM ON
30.11 VERMILION LAKE INDIAN RESERVATION 100,000
30.12 This appropriation is from the future
30.13 resources fund to the Minnesota
30.14 Historical Society for an agreement
30.15 with Bois Forte Reservation to design
30.16 and construct a historical museum for
30.17 cultural interpretation adjacent to an
30.18 historic gold mine and fur trade post
30.19 on Lake Vermilion. As an additional
30.20 condition of acceptance of this
30.21 appropriation, this facility may not be
30.22 used for any form of gambling or the
30.23 promotion of gambling. This
30.24 appropriation must be matched by at
30.25 least $100,000 of nonstate money.
30.26 (e) SOUDAN UNDERGROUND PHYSICS
30.27 LABORATORY EXPANSION 400,000
30.28 This appropriation is from the future
30.29 resources fund to the University of
30.30 Minnesota to assist in the construction
30.31 of the Soudan Mine facilities for
30.32 scientific interpretation.
30.33 Subd. 6. Water Resources
30.34 (a) ON-SITE SEWAGE TREATMENT
30.35 ALTERNATIVES AND TECHNOLOGY
30.36 TRANSFER 500,000
30.37 This appropriation is from the future
30.38 resources fund to the pollution control
30.39 agency for the second biennium to
30.40 evaluate alternative on-site sewage
30.41 treatment systems for cost-effective
30.42 removal of pathogenic bacteria,
30.43 viruses, and nutrients.
30.44 (b) NITRATE EDUCATION AND TESTING 150,000
30.45 This appropriation is from the trust
30.46 fund to the commissioner of agriculture
30.47 to accelerate knowledge of nitrate
30.48 levels in private drinking water
30.49 supplies through development of water
30.50 testing clinics for rural well owners
30.51 and education programs. This
30.52 appropriation must be matched by at
30.53 least $50,000 from the agriculture
30.54 fertilizer inspection account.
30.55 (c) SNAKE RIVER WATERSHED BMPS 100,000
30.56 This appropriation is from the trust
30.57 fund to the board of water and soil
30.58 resources for an agreement with the
30.59 Snake River Watershed Management Board
31.1 to accelerate the implementation of the
31.2 1996 Snake River Watershed Management
31.3 Plan.
31.4 (d) EVALUATION OF WATERSHED BASED
31.5 WATERSHED DISTRICT MANAGEMENT 150,000
31.6 This appropriation is from the future
31.7 resources fund to the board of water
31.8 and soil resources for an agreement
31.9 with the Minnesota Association of
31.10 Watershed Districts to evaluate the
31.11 effectiveness of water quality
31.12 management by watershed districts.
31.13 This appropriation must be matched by
31.14 at least $75,000 of nonstate money.
31.15 (e) RED RIVER VALLEY PLANNING
31.16 AND MANAGEMENT 375,000
31.17 This appropriation is from the trust
31.18 fund to the pollution control agency to
31.19 create an ecosystem management plan for
31.20 the Red River Valley, integrating land
31.21 and water basin management strategies
31.22 in cooperation with interstate and
31.23 international organizations.
31.24 (f) SUSTAINABLE LAKE PLANS 270,000
31.25 This appropriation is from the trust
31.26 fund to the University of Minnesota,
31.27 Center for Urban and Regional Affairs,
31.28 in cooperation with the Minnesota Lakes
31.29 Association, to develop education
31.30 programs and a comprehensive lake plan
31.31 in each of the state's five lake
31.32 regions.
31.33 Subd. 7. Agricultural Practices
31.34 (a) BIOLOGICAL CONTROL OF
31.35 AGRICULTURAL PESTS 200,000
31.36 This appropriation is from the trust
31.37 fund to the University of Minnesota to
31.38 accelerate using biological control of
31.39 pests in agricultural production
31.40 systems. This appropriation is
31.41 available until June 30, 2000, at which
31.42 time the project must be completed and
31.43 final products delivered, unless an
31.44 earlier date is specified in the work
31.45 program.
31.46 (b) CROP MANAGEMENT TO MINIMIZE
31.47 PESTICIDE INPUTS 300,000
31.48 This appropriation is from the trust
31.49 fund to the University of Minnesota to
31.50 develop nonpesticide management
31.51 strategies for pest control for crops.
31.52 (c) SUSTAINABLE FARMING SYSTEMS 560,000
31.53 This appropriation is from the trust
31.54 fund to the University of Minnesota for
31.55 a comprehensive program of
31.56 complementary on-farm and experiment
31.57 station research, demonstration, and
31.58 educational activities about the
32.1 economic and environmental effects of
32.2 sustainable farming systems.
32.3 (d) PRAIRIE-GRASSLAND LANDSCAPES 125,000
32.4 This appropriation is from the trust
32.5 fund to the commissioner of natural
32.6 resources for the second biennium to
32.7 implement grassland ecosystem
32.8 stewardship activities in the Glacial
32.9 Lake Agassiz Interbeach area in
32.10 cooperation with the resource
32.11 conservation and development councils.
32.12 (e) REDUCING MINNESOTA RIVER
32.13 POLLUTION FROM LACUSTRINE SOILS 250,000
32.14 This appropriation is from the future
32.15 resources fund to the commissioner of
32.16 agriculture in cooperation with the
32.17 University of Minnesota for the second
32.18 biennium to research the impact of
32.19 farming systems utilizing crop residue
32.20 for sediment control on lacustrine
32.21 landscapes in the Minnesota River Basin.
32.22 Subd. 8. Pollution Prevention
32.23 (a) TOXIC EMISSIONS FROM FIRE
32.24 TRAINING 65,000
32.25 This appropriation is from the trust
32.26 fund to Metropolitan State University
32.27 to identify and quantify toxic
32.28 emissions from live-burn training in
32.29 acquired structures to evaluate and
32.30 propose alternatives. This
32.31 appropriation is available until June
32.32 30, 2000, at which time the project
32.33 must be completed and final products
32.34 delivered, unless an earlier date is
32.35 specified in the work program.
32.36 (b) POLLUTION PREVENTION TRAINING
32.37 PROGRAM FOR INDUSTRIAL EMPLOYEES 100,000
32.38 This appropriation is from the future
32.39 resources fund to the director of the
32.40 office of environmental assistance for
32.41 agreements with Citizens for a Better
32.42 Environment and the University of
32.43 Minnesota to provide the training and
32.44 technical assistance needed for
32.45 pollution prevention by industrial
32.46 employees.
32.47 Subd. 9. Impacts on Natural Resources
32.48 (a) GRANTS TO LOCAL GOVERNMENTS
32.49 TO ASSIST NATURAL RESOURCE
32.50 DECISION MAKING 150,000
32.51 This appropriation is from the future
32.52 resources fund to the board of water
32.53 and soil resources for matching grants
32.54 to local governments to help enable
32.55 incorporation of impacts on natural
32.56 resources into local decision making.
32.57 (b) EVALUATION OF URBAN GROWTH
32.58 ECONOMIC AND ENVIRONMENTAL
33.1 COSTS AND BENEFITS 275,000
33.2 This appropriation is from the future
33.3 resources fund to the director of the
33.4 office of strategic and long-range
33.5 planning for an agreement with
33.6 Minnesotans for an energy-efficient
33.7 economy to evaluate the benefits,
33.8 costs, and environmental impacts of
33.9 alternative urban and rural growth
33.10 patterns.
33.11 (c) REINVENTING THE AGRICULTURAL LAND
33.12 PRESERVATION PROGRAM 100,000
33.13 This appropriation is from the future
33.14 resources fund to the commissioner of
33.15 agriculture to evaluate the
33.16 effectiveness of Minnesota's
33.17 agricultural land preservation
33.18 programs, and identify and quantify
33.19 fiscal impacts of rural sprawl. This
33.20 appropriation must be matched by at
33.21 least $100,000 of nonstate money or
33.22 money from the Minnesota conservation
33.23 fund.
33.24 (d) NEW MODELS FOR LAND-USE
33.25 PLANNING 530,000
33.26 This appropriation is from the trust
33.27 fund to the commissioner of natural
33.28 resources for an agreement with the
33.29 Land Stewardship Project for planning,
33.30 inventory, technical assistance, and
33.31 education addressing voluntary
33.32 easements, purchase, and transfer of
33.33 development rights to create a
33.34 protected green corridor in Washington
33.35 and Chisago counties. Up to $30,000 is
33.36 to provide training in adapting
33.37 holistic resource management concepts
33.38 and principles for decision making in
33.39 land use planning.
33.40 (e) NORTH MINNEAPOLIS UPPER RIVER
33.41 MASTER PLAN 300,000
33.42 This appropriation is from the future
33.43 resources fund to the commissioner of
33.44 natural resources for an agreement with
33.45 the Minneapolis Park and Recreation
33.46 Board to develop a master plan
33.47 addressing greenspace and trail
33.48 development, riverbank restoration, and
33.49 stimulation of river-oriented land uses
33.50 within a corridor along the east and
33.51 west banks of the Mississippi river
33.52 from Plymouth Avenue north to the
33.53 Minneapolis city limits. This
33.54 appropriation must be matched by at
33.55 least $100,000 of nonstate money.
33.56 (f) PREVENTING STORMWATER RUNOFF
33.57 PROBLEMS THROUGH WATERSHED
33.58 LAND DESIGN 280,000
33.59 This appropriation is from the future
33.60 resources fund to the University of
33.61 Minnesota to develop watershed-based
33.62 land design models for preserving
34.1 habitat and traditional patterns, and
34.2 preventing flooding and water quality
34.3 degradation.
34.4 (g) MILLER CREEK MANAGEMENT 100,000
34.5 This appropriation is from the future
34.6 resources fund to the board of water
34.7 and soil resources for agreements with
34.8 the Miller Creek Task Force and the
34.9 natural resources research institute.
34.10 $25,000 is available to the Miller
34.11 Creek Task Force to begin the project
34.12 to implement water quality improvement
34.13 activities on Miller Creek. The
34.14 remaining $75,000 is contingent on the
34.15 formation of a watershed district or a
34.16 joint powers agreement in place by
34.17 January 1998, and a match of at least
34.18 $25,000 of nonstate money and $25,000
34.19 of additional activity being provided
34.20 by the natural resources research
34.21 institute or other sources. Up to
34.22 $25,000 of the remaining $75,000 is for
34.23 an agreement with the natural resources
34.24 research institute for research
34.25 activities.
34.26 (h) TROUT HABITAT PRESERVATION
34.27 USING ALTERNATIVE WATERSHED
34.28 MANAGEMENT PRACTICES 250,000
34.29 This appropriation is from the future
34.30 resources fund to the board of water
34.31 and soil resources to implement
34.32 alternative watershed management
34.33 practices to preserve the lower reaches
34.34 of Browns Creek as trout habitat.
34.35 Subd. 10. Decision-Making Tools
34.36 (a) COMPARATIVE RISKS OF MULTIPLE
34.37 CHEMICAL EXPOSURES 150,000
34.38 This appropriation is from the future
34.39 resources fund to the commissioner of
34.40 health to develop comparative risk
34.41 information for managing exposures to
34.42 multiple environmental hazards from
34.43 measurements of pesticides, volatile
34.44 organic compounds, and metals in soil,
34.45 air, water, and food.
34.46 (b) METROPOLITAN AREA GROUNDWATER
34.47 MODEL 300,000
34.48 This appropriation is from the trust
34.49 fund to the pollution control agency
34.50 for the second biennium to improve and
34.51 refine the metropolitan groundwater
34.52 model to improve contaminant tracking,
34.53 cleanup evaluation, and overall
34.54 protection of groundwater resources.
34.55 (c) WOLF MANAGEMENT PLAN 100,000
34.56 This appropriation is from the future
34.57 resources fund to the commissioner of
34.58 natural resources to develop a
34.59 management plan for Minnesota wolves,
34.60 to be ready for implementation if the
35.1 Eastern Timberwolf is removed from the
35.2 federal endangered species list.
35.3 (d) MINNESOTA RIVER BASIN NATURAL
35.4 RESOURCE DATA 250,000
35.5 This appropriation is from the trust
35.6 fund to Mankato State University in
35.7 cooperation with the Minnesota River
35.8 Basin Joint Powers Board to prepare
35.9 geographic information system data sets
35.10 for the 1,208 minor watersheds, provide
35.11 Internet access to the data, and
35.12 outreach training. This appropriation
35.13 must be matched by at least $100,000 of
35.14 nonstate money.
35.15 (e) STATEWIDE DIGITAL SOIL
35.16 DATABASE - PHASE I 145,000
35.17 This appropriation is from the future
35.18 resources fund to the board of water
35.19 and soil resources for the first
35.20 biennium for a pilot program to
35.21 investigate methods to digitize data
35.22 from older soil surveys and to
35.23 coordinate soil survey digitizing in at
35.24 least one county on a 50 percent cost
35.25 share basis. Up to $30,000 of this
35.26 appropriation is for digitizing and
35.27 must be matched by nonstate money by
35.28 April 30, 1999.
35.29 (f) FILLMORE COUNTY SOIL
35.30 SURVEY UPDATE 65,000
35.31 This appropriation is from the trust
35.32 fund to the board of water and soil
35.33 resources to provide half of the
35.34 nonfederal share for the second year of
35.35 a six-year project to update the
35.36 Fillmore county soil survey into a
35.37 digitized and manuscript format.
35.38 (g) STATEWIDE SURVEY OF
35.39 ANGLER ATTITUDES 100,000
35.40 This appropriation is from the future
35.41 resources fund to the commissioner of
35.42 natural resources to assess angler
35.43 attitudes statewide.
35.44 Subd. 11. Public Access to Natural
35.45 Resource Data
35.46 (a) FOUNDATIONS FOR INTEGRATED ACCESS
35.47 TO ENVIRONMENTAL INFORMATION 650,000
35.48 This appropriation is from the future
35.49 resources fund to the director of the
35.50 office of strategic and long-range
35.51 planning for a collaborative effort
35.52 among natural resource agencies to
35.53 design, develop, and test a solution to
35.54 provide integrated electronic access to
35.55 environmental and natural resource
35.56 data. These data must be made
35.57 accessible and free to the public
35.58 unless made private under the Data
35.59 Practices Act.
36.1 (b) PUBLIC ACCESS TO ARCHAEOLOGICAL
36.2 KNOWLEDGE 200,000
36.3 This appropriation is from the future
36.4 resources fund to the Minnesota
36.5 Historical Society for an agreement
36.6 with the Institute for Minnesota
36.7 Archaeology to enhance and provide
36.8 public electronic access to regional
36.9 archaeological data that have been
36.10 acquired or maintained with public
36.11 money.
36.12 Subd. 12. Sustainable Development
36.13 Activities
36.14 (a) RENEWABLE ENERGY DEMONSTRATION
36.15 AND EDUCATION IN STATE PARKS 230,000
36.16 $80,000 of this appropriation is from
36.17 the trust fund and $150,000 is from oil
36.18 overcharge money to the commissioner of
36.19 natural resources for an agreement with
36.20 the Center for Energy and Environment
36.21 to demonstrate cost-effective
36.22 applications of renewable energy
36.23 technologies in state parks by
36.24 developing technology selection
36.25 guidelines, installing projects in
36.26 state parks, and providing public
36.27 renewable energy education. This
36.28 appropriation is available until June
36.29 30, 2000, at which time the project
36.30 must be completed and final products
36.31 delivered, unless an earlier date is
36.32 specified in the work program.
36.33 (b) ALFALFA BIOMASS PRODUCTION 200,000
36.34 This appropriation is from the future
36.35 resources fund to the University of
36.36 Minnesota for the evaluation of the
36.37 environmental impacts and benefits of
36.38 the production of alfalfa for
36.39 electrical power generation. This
36.40 appropriation is available until June
36.41 30, 2000, at which time the project
36.42 must be completed and final products
36.43 delivered, unless an earlier date is
36.44 specified in the work program.
36.45 (c) SUSTAINABLE DEVELOPMENT OF WIND
36.46 ENERGY ON FAMILY FARMS 200,000
36.47 This appropriation is from the future
36.48 resources fund to the commissioner of
36.49 administration for an agreement with
36.50 the Sustainable Resources Center for
36.51 the second biennium to provide
36.52 technical assistance, wind assessment,
36.53 and technology transfer for the
36.54 development of wind energy harvesting.
36.55 (d) SUSTAINABLE GARDENING FOR MINNESOTA
36.56 HOMES AND COMMUNITIES 400,000
36.57 This appropriation is from the future
36.58 resources fund to the commissioner of
36.59 natural resources for an agreement with
36.60 the Sustainable Resources Center for
36.61 the fifth biennium to accelerate
37.1 community garden programs through
37.2 technical assistance to encourage
37.3 ecologically sound landscape plantings
37.4 and maintenance. Up to $60,000 is to
37.5 provide a link between sustainable
37.6 agriculture farmers and urban consumers.
37.7 (e) ECONOMICS FOR LASTING
37.8 PROGRESS 250,000
37.9 This appropriation is from the future
37.10 resources fund to the director of the
37.11 office of strategic and long-range
37.12 planning for an assessment of how
37.13 economic indicators and policies reward
37.14 or discourage pollution, employment,
37.15 and sustainable resource use in
37.16 Minnesota.
37.17 Subd. 13. Environmental Education
37.18 (a) SCHOOL NATURE AREA PROJECT
37.19 (SNAP) 250,000
37.20 This appropriation is from the trust
37.21 fund to the commissioner of natural
37.22 resources for an agreement with St.
37.23 Olaf College for the second biennium to
37.24 accelerate partnerships between
37.25 institutions of higher education and
37.26 schools to develop school nature areas
37.27 and demonstrate methods of ecological
37.28 enhancement for integration into school
37.29 curriculum.
37.30 (b) WATERSHED SCIENCE: INTEGRATED
37.31 RESEARCH AND EDUCATION PROGRAM 500,000
37.32 This appropriation is from the future
37.33 resources fund to the Science Museum of
37.34 Minnesota to establish a long-term
37.35 monitoring program for the Valley Creek
37.36 watershed, develop a public geographic
37.37 information system laboratory, and
37.38 watershed science education programs.
37.39 (c) MINNESOTA FROG WATCH AND FROG
37.40 DEFORMITY RESEARCH 600,000
37.41 $300,000 of this appropriation is from
37.42 the trust fund to the commissioner of
37.43 the pollution control agency for an
37.44 agreement with the Center for Global
37.45 Environmental Education, Hamline
37.46 University, for the second biennium to
37.47 accelerate the Minnesota frog watch
37.48 environmental education and monitoring
37.49 program. $300,000 of this
37.50 appropriation is from the future
37.51 resources fund to the commissioner of
37.52 the pollution control agency for the
37.53 second biennium to investigate the
37.54 health of frog populations and evaluate
37.55 the causes of frog deformities. This
37.56 appropriation is available until June
37.57 30, 2000, at which time the project
37.58 must be completed and final products
37.59 delivered, unless an earlier date is
37.60 specified in the work program.
37.61 (d) ENVIRONMENTAL SERVICE LEARNING
38.1 PROJECTS IN MINNEAPOLIS SCHOOLS 100,000
38.2 This appropriation is from the future
38.3 resources fund to the commissioner of
38.4 natural resources for an agreement with
38.5 Eco Education to provide training and
38.6 minigrants for student service learning
38.7 projects. This appropriation is
38.8 available until June 30, 2000, at which
38.9 time the project must be completed and
38.10 final products delivered, unless an
38.11 earlier date is specified in the work
38.12 program.
38.13 (e) PARTNERS IN ACCESSIBLE RECREATION
38.14 AND ENVIRONMENTAL RESPONSIBILITY 550,000
38.15 This appropriation is from the trust
38.16 fund to the commissioner of natural
38.17 resources for an agreement with
38.18 Wilderness Inquiry for the second
38.19 biennium to provide a statewide program
38.20 of environmental education, outdoor
38.21 recreation, and inclusion of people
38.22 with disabilities and other minority
38.23 groups.
38.24 (f) ENVIRONMENTAL SERVICE
38.25 LEARNING 100,000
38.26 This appropriation is from the trust
38.27 fund to the commissioner of natural
38.28 resources for an agreement with Stowe
38.29 Environmental Elementary School to
38.30 develop a partnership of schools,
38.31 communities, and agencies for
38.32 environmental service learning projects.
38.33 (g) STATE WOLF MANAGEMENT: ELECTRONICALLY
38.34 MODERATING THE PUBLIC DISCUSSION 100,000
38.35 This appropriation is from the trust
38.36 fund to the commissioner of natural
38.37 resources for an agreement with the
38.38 International Wolf Center to provide a
38.39 public electronic forum and information
38.40 on wolf management. This appropriation
38.41 must be matched by at least $20,000 of
38.42 nonstate money.
38.43 (h) CATCH AND RELEASE 20,000
38.44 This appropriation is from the future
38.45 resources fund to the commissioner of
38.46 natural resources for an agreement with
38.47 the Rainy Lake Sportfishing Club to
38.48 accelerate its catch and release
38.49 program. This appropriation must be
38.50 matched by at least $10,000 of nonstate
38.51 contributions, either cash or in-kind.
38.52 (i) ELECTRONIC ENVIRONMENTAL
38.53 EDUCATION RAPTOR NETWORK 222,000
38.54 This appropriation is from the trust
38.55 fund to the University of Minnesota
38.56 raptor center for the second biennium
38.57 to implement an electronic
38.58 environmental education network using
38.59 satellite tracking with birds of prey.
38.60 The raptor center must seek additional
39.1 public and private partnerships.
39.2 (j) GREEN PRINT SUCCESS 136,000
39.3 This appropriation is from the future
39.4 resources fund to the commissioner of
39.5 natural resources for an agreement with
39.6 Ramsey county parks and recreation
39.7 department for a cooperative project
39.8 including environmental learning
39.9 centers, counties, and school districts
39.10 to prepare, pilot, and disseminate
39.11 information on successful
39.12 implementation of the Minnesota green
39.13 print plan for environmental education.
39.14 (k) ST. PAUL AND MINNEAPOLIS REGIONAL
39.15 PARK URBAN INTERPRETATION PROGRAM 250,000
39.16 This appropriation is from the future
39.17 resources fund to the commissioner of
39.18 natural resources for an agreement with
39.19 the city of St. Paul, division of parks
39.20 and recreation, for a program to
39.21 increase utilization of St. Paul and
39.22 Minneapolis regional parks for
39.23 environmental education activities.
39.24 Subd. 14. Benchmarks and Indicators
39.25 (a) ENVIRONMENTAL INDICATORS
39.26 INITIATIVE-CONTINUATION 250,000
39.27 This appropriation is from the trust
39.28 fund to the commissioner of natural
39.29 resources for the second biennium of a
39.30 three biennium project to create a
39.31 statewide framework for selecting and
39.32 monitoring environmental indicators to
39.33 assess and communicate Minnesota's
39.34 environmental health status and trends.
39.35 (b) MINNESOTA'S FOREST BIRD DIVERSITY
39.36 INITIATIVE: CONTINUATION 350,000
39.37 This appropriation is from the trust
39.38 fund to the commissioner of natural
39.39 resources for the fourth biennium of a
39.40 six-biennium project for a
39.41 comprehensive monitoring and research
39.42 program that develops management tools
39.43 to maintain forest bird diversity.
39.44 This appropriation is available until
39.45 June 30, 2000, at which time the
39.46 project must be completed and final
39.47 products delivered, unless an earlier
39.48 date is specified in the work program.
39.49 (c) WATER QUALITY INDICATORS OF
39.50 ENDOCRINE DISRUPTING CHEMICALS 250,000
39.51 This appropriation is from the trust
39.52 fund to the pollution control agency to
39.53 monitor and research the effects of
39.54 endocrine disrupting chemicals in
39.55 surface waters on fish and wildlife
39.56 through analysis of biological effects.
39.57 (d) STREAM HABITAT PROTECTION:
39.58 CONTINUATION 225,000
40.1 This appropriation is from the trust
40.2 fund to the commissioner of natural
40.3 resources to accelerate the stream flow
40.4 protection program. This is the third
40.5 biennium of a proposed eight-biennium
40.6 effort to establish a watershed level
40.7 stream habitat database and develop the
40.8 tools to set protected flows for
40.9 ecosystem diversity. This
40.10 appropriation is available until June
40.11 30, 2000, at which time the project
40.12 must be completed and final products
40.13 delivered, unless an earlier date is
40.14 specified in the work program.
40.15 (e) WETLAND ECOSYSTEMS MONITORING 160,000
40.16 This appropriation is from the future
40.17 resources fund to the University of
40.18 Minnesota to monitor wetland
40.19 restorations for their ecological
40.20 success and develop a long-term
40.21 monitoring database.
40.22 (f) LOONS: INDICATORS OF MERCURY
40.23 IN THE ENVIRONMENT 230,000
40.24 This appropriation is from the trust
40.25 fund to the University of Minnesota to
40.26 analyze loon exposure to mercury and
40.27 its effects on loon health and
40.28 reproduction in the wild.
40.29 Subd. 15. Native Fisheries
40.30 (a) IMPROVED DECISIONS FOR WALLEYE
40.31 STOCKING AND SPECIAL REGULATIONS 245,000
40.32 This appropriation is from the future
40.33 resources fund to the University of
40.34 Minnesota to evaluate outcomes of
40.35 various stocking and harvest strategies
40.36 through modeling and genetic marker
40.37 tracking of the best performing strains
40.38 to maximize benefits of walleye
40.39 stocking and harvest regulations on
40.40 individual lakes. This appropriation
40.41 is available until June 30, 2000, at
40.42 which time the project must be
40.43 completed and final products delivered,
40.44 unless an earlier date is specified in
40.45 the work program.
40.46 (b) MINNESOTA RARE MUSSEL
40.47 CONSERVATION 91,000
40.48 This appropriation is from the trust
40.49 fund to the University of Minnesota to
40.50 establish and monitor refugia in the
40.51 St. Croix River to improve freshwater
40.52 mussel conservation.
40.53 Subd. 16. Land Acquisition in High
40.54 Growth Areas
40.55 (a) SAND DUNES STATE FOREST
40.56 ACQUISITION 400,000
40.57 This appropriation is from the trust
40.58 fund to the commissioner of natural
40.59 resources to acquire approximately 200
41.1 acres of lands within the Sand Dunes
41.2 State Forest, according to the
41.3 Cambridge area forest resource
41.4 management plan.
41.5 (b) ARBORETUM LAND ACQUISITION 450,000
41.6 This appropriation is from the trust
41.7 fund to the University of Minnesota for
41.8 a grant to the University of Minnesota
41.9 Landscape Arboretum Foundation for the
41.10 second biennium for land acquisition to
41.11 expand the boundary of the Minnesota
41.12 Landscape Arboretum. This
41.13 appropriation must be matched by at
41.14 least $450,000 of nonstate money.
41.15 (c) CLEARWATER CREEK GREENWAY
41.16 CORRIDOR 500,000
41.17 This appropriation is from the trust
41.18 fund to the commissioner of natural
41.19 resources for an agreement with the
41.20 city of Hugo in cooperation with other
41.21 local units of government to acquire
41.22 and develop land along Clearwater Creek
41.23 from Bald Eagle Lake to Centerville for
41.24 a greenway and trail corridor and water
41.25 resource management area.
41.26 Subd. 17. Critical Lands or Habitats
41.27 (a) SUSTAINABLE WOODLANDS ON PRIVATE
41.28 LANDS 875,000
41.29 This appropriation is from the future
41.30 resources fund to the commissioner of
41.31 natural resources, in cooperation with
41.32 the Minnesota Forestry Association, to
41.33 develop stewardship plans for private
41.34 landowners and implement natural
41.35 resource projects by providing matching
41.36 money to private landowners.
41.37 (b) CANNON RIVER WATERSHED:
41.38 INTEGRATED MANAGEMENT 287,000
41.39 This appropriation is from the future
41.40 resources fund to the board of water
41.41 and soil resources for an agreement
41.42 with the Cannon River Watershed
41.43 Partnership for the third biennium to
41.44 implement activities in the Cannon
41.45 River watershed through easements,
41.46 matching grants, and technical
41.47 assistance.
41.48 (c) PEATLAND RESTORATION 275,000
41.49 This appropriation is from the future
41.50 resources fund to the University of
41.51 Minnesota-Duluth, natural resources
41.52 research institute, to promote
41.53 reestablishment of diverse, sustainable
41.54 peatland ecosystems on harvested
41.55 peatland sites through accelerated
41.56 development of cost effective, reliable
41.57 peatland restoration techniques.
41.58 (d) PRAIRIE HERITAGE PROJECT 500,000
42.1 This appropriation is from the trust
42.2 fund to the commissioner of natural
42.3 resources for an agreement with
42.4 Pheasants Forever, Inc., to acquire and
42.5 develop land for prairie grasslands and
42.6 wetlands to be donated to the public.
42.7 The land must be open and accessible to
42.8 the public. This appropriation must be
42.9 matched by at least $500,000 of
42.10 nonstate money. In addition to the
42.11 required work program, parcels may not
42.12 be acquired until parcel lists have
42.13 been submitted to the legislative
42.14 commission on Minnesota resources and
42.15 the commission has approved the parcel
42.16 list or allowed 60 days to pass.
42.17 (e) PHALEN AREA WETLAND
42.18 RESTORATION, PHASE II 600,000
42.19 This appropriation is from the trust
42.20 fund to the commissioner of natural
42.21 resources for an agreement with the
42.22 city of St. Paul for design, pre- and
42.23 post-construction monitoring, and
42.24 construction of approximately nine
42.25 acres of wetland.
42.26 (f) MINNESOTA POINT PROTECTION 75,000
42.27 This appropriation is from the future
42.28 resources fund to the commissioner of
42.29 natural resources for an agreement with
42.30 Park Point Community Club for
42.31 administrative and management expenses
42.32 to secure the protection of the scenic
42.33 pine stands and bird sanctuary at
42.34 Minnesota Point in Duluth.
42.35 (g) SAVANNAH RESTORATION FOR
42.36 SHARP-TAILED GROUSE 30,000
42.37 This appropriation is from the future
42.38 resources fund to the commissioner of
42.39 natural resources for an agreement with
42.40 the Minnesota Sharp-Tailed Grouse
42.41 Society to identify and inventory
42.42 restorable northern savannahs for
42.43 sharp-tailed grouse habitat.
42.44 (h) RIM - CRITICAL HABITAT ACQUISITION
42.45 AND ENHANCEMENT 936,000
42.46 $866,000 of this appropriation is from
42.47 the trust fund and $70,000 is from the
42.48 future resources fund to the
42.49 commissioner of natural resources to
42.50 accelerate the reinvest in Minnesota
42.51 program activities authorized under
42.52 Minnesota Statutes, section 84.943.
42.53 Projects must occur in both urban and
42.54 rural areas. Retroactive reimbursement
42.55 for the greening the great river park
42.56 project is authorized.
42.57 (i) RIM - WILDLIFE HABITAT
42.58 STEWARDSHIP 400,000
42.59 This appropriation is from the trust
42.60 fund to the commissioner of natural
42.61 resources to accelerate the reinvest in
43.1 Minnesota program to improve wildlife
43.2 habitat and natural plant communities
43.3 statewide on public lands, both urban
43.4 and rural, to protect and enhance
43.5 wildlife, native plant species, and
43.6 ecological diversity.
43.7 (j) SCIENTIFIC AND NATURAL AREA
43.8 ACQUISITION 700,000
43.9 This appropriation is from the trust
43.10 fund to the commissioner of natural
43.11 resources to accelerate the acquisition
43.12 of land for scientific and natural
43.13 areas under Minnesota Statutes, section
43.14 84.033.
43.15 (k) RIM - WILDLIFE HABITAT
43.16 ACQUISITION 500,000
43.17 This appropriation is from the trust
43.18 fund to the commissioner of natural
43.19 resources to accelerate acquisition of
43.20 North American waterfowl management
43.21 plan wetlands and associated uplands on
43.22 a cost-share basis and wildlife habitat
43.23 in areas of high population growth.
43.24 (l) RIM - ACCELERATE FISHERIES
43.25 ACQUISITION 900,000
43.26 This appropriation is from the trust
43.27 fund to the commissioner of natural
43.28 resources to accelerate the reinvest in
43.29 Minnesota program to acquire land
43.30 adjacent to lakes and streams to
43.31 provide for angler and management
43.32 access or protection of critical
43.33 riparian habitat, including access for
43.34 nonboat owners and urban users. This
43.35 appropriation is available until June
43.36 30, 2000, at which time the project
43.37 must be completed and final products
43.38 delivered, unless an earlier date is
43.39 specified in the work program.
43.40 (m) MINNESOTA COUNTY BIOLOGICAL
43.41 SURVEY - CONTINUATION 1,200,000
43.42 This appropriation is from the trust
43.43 fund to the commissioner of natural
43.44 resources for the sixth biennium of a
43.45 proposed 12-biennium project to
43.46 accelerate the county biological survey
43.47 for the systematic collection,
43.48 interpretation, and distribution of
43.49 data on the ecology of rare plants,
43.50 animals, and natural communities.
43.51 (n) FISHING PIER AND PUBLIC
43.52 SHORE ACCESS 355,000
43.53 This appropriation is from the trust
43.54 fund to the commissioner of natural
43.55 resources to provide increased access
43.56 to lakes and rivers statewide through
43.57 the provision of fishing piers and
43.58 shoreline access.
43.59 (o) PUBLIC BOAT ACCESS 350,000
44.1 This appropriation is from the trust
44.2 fund to the commissioner of natural
44.3 resources to accelerate public water
44.4 access acquisition and development
44.5 statewide.
44.6 (p) FISHERIES STATEWIDE HATCHERY
44.7 REHABILITATION 500,000
44.8 $310,000 of this appropriation is from
44.9 the trust fund and $190,000 is from the
44.10 future resources fund to the
44.11 commissioner of natural resources to
44.12 accelerate the reinvest in Minnesota
44.13 program to implement projects to
44.14 maintain and improve statewide fish
44.15 culture facilities. This appropriation
44.16 is available until June 30, 2000, at
44.17 which time the project must be
44.18 completed and final products delivered,
44.19 unless an earlier date is specified in
44.20 the work program.
44.21 (q) RIM - ACCELERATE FISH
44.22 HABITAT IMPROVEMENT 500,000
44.23 This appropriation is from the trust
44.24 fund to the commissioner of natural
44.25 resources to implement projects for the
44.26 restoration, improvement, and
44.27 development of fisheries habitat.
44.28 Subd. 18. Wildlife or Trail Corridors
44.29 (a) MESABI TRAIL LAND ACQUISITION
44.30 AND DEVELOPMENT 600,000
44.31 This appropriation is from the future
44.32 resources fund to the commissioner of
44.33 natural resources for an agreement with
44.34 the St. Louis and Lake Counties
44.35 Regional Rail Authority for the third
44.36 biennium to develop and acquire
44.37 segments of the Mesabi trail. This
44.38 appropriation must be matched by at
44.39 least $600,000 of nonstate money. This
44.40 appropriation is available until June
44.41 30, 2000, at which time the project
44.42 must be completed and final products
44.43 delivered, unless an earlier date is
44.44 specified in the work program.
44.45 (b) CHIPPEWA COUNTY REGIONAL TRAIL 400,000
44.46 This appropriation is from the future
44.47 resources fund to the commissioner of
44.48 natural resources for an agreement with
44.49 the city of Montevideo for the second
44.50 biennium to complete the construction
44.51 of the Chippewa county trail system in
44.52 Montevideo. This appropriation must be
44.53 matched by at least $226,000 of
44.54 nonstate money. This appropriation is
44.55 available until June 30, 2000, at which
44.56 time the project must be completed and
44.57 final products delivered, unless an
44.58 earlier date is specified in the work
44.59 program.
44.60 Subd. 19. Native Species Planting
45.1 (a) MINNESOTA RELEAF TREE PLANTING
45.2 AND PRESERVATION GRANT PROGRAM 300,000
45.3 This appropriation is from the future
45.4 resources fund to the commissioner of
45.5 natural resources for the third
45.6 biennium for matching grants to local
45.7 communities to plant predominantly
45.8 native trees and protect native oak
45.9 forests from oak wilt.
45.10 (b) RESTORING WHITE PINE IN THE
45.11 MINNESOTA LANDSCAPE 120,000
45.12 This appropriation is from the trust
45.13 fund to the University of Minnesota to
45.14 investigate factors currently limiting
45.15 establishment of white pine seedlings
45.16 in various forest cover types.
45.17 Management recommendations for natural
45.18 regeneration, seeding, and planting
45.19 must be developed.
45.20 (c) OAK SAVANNAH RESTORATION IN
45.21 ST. PAUL REGIONAL PARKS 425,000
45.22 This appropriation is from the trust
45.23 fund to the commissioner of natural
45.24 resources for an agreement with the
45.25 city of St. Paul, division of parks and
45.26 recreation, to restore oak savannah
45.27 ecosystems in regional parks.
45.28 Subd. 20. Exotic Species
45.29 (a) BALLAST WATER TECHNOLOGY
45.30 DEMONSTRATION FOR EXOTIC
45.31 SPECIES CONTROL 250,000
45.32 $130,000 of this appropriation is from
45.33 the future resources fund and $120,000
45.34 is from the Great Lakes Protection
45.35 Account to the commissioner of natural
45.36 resources for a demonstration project
45.37 in cooperation with the Duluth Port
45.38 Authority to test, evaluate, and refine
45.39 techniques for preventing the
45.40 introduction and dispersal of exotic
45.41 species from ballast water into Lake
45.42 Superior.
45.43 (b) BIOLOGICAL CONTROL OF EURASIAN
45.44 WATER MILFOIL AND PURPLE
45.45 LOOSESTRIFE - CONTINUATION 150,000
45.46 This appropriation is from the trust
45.47 fund to the commissioner of natural
45.48 resources for the third biennium of a
45.49 five-biennium project to develop
45.50 biological controls for Eurasian water
45.51 milfoil and purple loosestrife. This
45.52 appropriation is available until June
45.53 30, 2000, at which time the project
45.54 must be completed and final products
45.55 delivered, unless an earlier date is
45.56 specified in the work program.
45.57 Subd. 21. Data Availability Requirements
45.58 (a) During the biennium ending June 30,
45.59 1999, the data collected by the
46.1 projects funded under this section that
46.2 have common value for natural resource
46.3 planning and management must conform to
46.4 information architecture as defined in
46.5 guidelines and standards adopted by the
46.6 information policy office and
46.7 government information access council.
46.8 These data must be made accessible and
46.9 free to the public unless made private
46.10 under the Data Practices Act.
46.11 (b) As part of their project
46.12 expenditures, recipients of land
46.13 acquisition appropriations must provide
46.14 the information necessary to update
46.15 public recreation information maps and
46.16 other appropriate media to the
46.17 department of natural resources in the
46.18 specified form.
46.19 Subd. 22. Project Requirements
46.20 It is a condition of acceptance of the
46.21 appropriations in this section that any
46.22 agency or entity receiving the
46.23 appropriation must comply with
46.24 Minnesota Statutes, chapter 116P.
46.25 Subd. 23. Match Requirements
46.26 Unless specifically authorized,
46.27 appropriations in this section that
46.28 must be matched and for which the match
46.29 has not been committed by January 1,
46.30 1998, are canceled, and in-kind
46.31 contributions may not be counted as
46.32 match.
46.33 Subd. 24. Payment Conditions and
46.34 Capital Equipment Expenditures
46.35 All agreements, grants, or contracts
46.36 referred to in this section must be
46.37 administered on a reimbursement basis.
46.38 Notwithstanding Minnesota Statutes,
46.39 section 16A.41, expenditures made on or
46.40 after July 1, 1997, or the date the
46.41 work program is approved, whichever is
46.42 later, are eligible for reimbursement.
46.43 Payment must be made upon receiving
46.44 documentation that project-eligible
46.45 reimbursable amounts have been
46.46 expended, except that reasonable
46.47 amounts may be advanced to projects in
46.48 order to accommodate cash flow needs.
46.49 The advances must be approved as part
46.50 of the work program. No expenditures
46.51 for capital equipment are allowed
46.52 unless expressly authorized in the
46.53 project work program.
46.54 Subd. 25. Purchase of Recycled and
46.55 Recyclable Materials
46.56 A political subdivision, public or
46.57 private corporation, or other entity
46.58 that receives an appropriation in this
46.59 section must use the appropriation in
46.60 compliance with Minnesota Statutes,
46.61 sections 16B.121 to 16B.123, requiring
46.62 the purchase of recycled, repairable,
47.1 and durable materials, the purchase of
47.2 uncoated paper stock, and the use of
47.3 soy-based ink, the same as if it were a
47.4 state agency.
47.5 Subd. 26. Carryforward
47.6 (a) The availability of the
47.7 appropriations for the following
47.8 projects is extended to June 30, 1998:
47.9 Laws 1996, chapter 407, section 8,
47.10 subdivision 3, paragraph (c), local
47.11 grants; Laws 1995, chapter 220, section
47.12 19, subdivision 4, paragraph (e), local
47.13 grants; subdivision 5, paragraph (d),
47.14 blufflands landscape, paragraph (f),
47.15 atmospheric mercury emissions,
47.16 deposition and environmental cost
47.17 evaluation, paragraph (i), water
47.18 quality impacts of feedlot pollution
47.19 control systems, and paragraph (r),
47.20 developing, evaluating, and promoting
47.21 sustainable farming systems;
47.22 subdivision 6, paragraph (b),
47.23 environmental education teacher
47.24 training, paragraph (g), electronic
47.25 environmental education network; and
47.26 paragraph (r), as amended by Laws 1996,
47.27 chapter 407, section 51, Ney
47.28 environmental center and paragraph (s),
47.29 Lawndale Environmental Center;
47.30 subdivision 7, paragraph (f),
47.31 completion of statewide land use
47.32 update, paragraph (g), Fillmore county
47.33 soil survey update, paragraph (j),
47.34 microbial deterioration of asphalt
47.35 materials and prevention, and paragraph
47.36 (k), analysis of lands enrolled in
47.37 conservation reserve program;
47.38 subdivision 8, paragraph (a), urban
47.39 wildlife habitat program; subdivision
47.40 11, paragraph (e), energy improvements
47.41 in public ice arenas.
47.42 (b) The availability of the
47.43 appropriation for the following
47.44 projects is extended to June 30, 1999:
47.45 Laws 1995, chapter 220, section 19,
47.46 subdivision 4, paragraph (a),
47.47 metropolitan regional park system;
47.48 paragraph (g), clause (1), as amended
47.49 by Laws 1996, chapter 407, section 50,
47.50 local share for ISTEA federal projects
47.51 and subdivision 12, paragraph (a),
47.52 restore historic Mississippi river mill
47.53 site; Laws 1994, chapter 632, article
47.54 2, section 6, Silver Bay harbor; and
47.55 Laws 1993, chapter 172, section 14,
47.56 subdivision 10, paragraph (o), Lake
47.57 Superior safe harbors-continuation.
47.58 Subd. 27. Energy Conservation
47.59 A recipient to whom an appropriation is
47.60 made in this section for a capital
47.61 improvement project shall ensure that
47.62 the project complies with the
47.63 applicable energy conservation
47.64 standards contained in law, including
47.65 Minnesota Statutes, sections 216C.19 to
47.66 216C.21, and rules adopted thereunder.
48.1 The recipient may use the energy
48.2 planning and intervention and energy
48.3 technologies units of the commissioner
48.4 of public service to obtain information
48.5 and technical assistance on energy
48.6 conservation and alternative energy
48.7 development relating to the planning
48.8 and construction of the capital
48.9 improvement project.
48.10 Sec. 15. FISCAL YEAR 1997 APPROPRIATION
48.11 $500,000 in fiscal year 1997 is
48.12 appropriated to the commissioner of
48.13 natural resources for a binding
48.14 arbitration award related to the
48.15 removal of the Flandrau dam.
48.16 Sec. 16. [4.0715] [ISTEA ENHANCEMENT MONEY.]
48.17 Subdivision 1. [DEFINITION.] "ISTEA enhancement money"
48.18 means money received by the state from the federal government
48.19 under the 1997 reauthorization of the Intermodal Surface
48.20 Transportation Efficiency Act and designated for enhancement.
48.21 Subd. 2. [APPROPRIATION REQUIRED.] ISTEA enhancement money
48.22 may not be spent until it is specifically appropriated by law.
48.23 Subd. 3. [MINNESOTA RESOURCES PROJECTS.] The legislature
48.24 intends to appropriate ISTEA enhancement money for projects that
48.25 have been reviewed and recommended by a committee comprised of
48.26 members of the legislative commission on Minnesota resources and
48.27 the senate transportation finance and house transportation
48.28 finance division. A work plan must be prepared for each
48.29 proposed project for review. The committee must recommend
48.30 specific projects to the legislature.
48.31 Sec. 17. [17.110] [BEAVER DAMAGE CONTROL GRANTS.]
48.32 Subdivision 1. [ESTABLISHMENT.] The commissioner of
48.33 agriculture shall establish a beaver damage control grant
48.34 program to provide grants for the control of beaver activities
48.35 causing damage to public waters, roads, and ditches and adjacent
48.36 private property. The grants may only be made to a joint powers
48.37 board established under section 471.59 by two or more
48.38 governmental units and may include Indian tribal governments.
48.39 Subd. 2. [GRANT AMOUNT.] The commissioner may provide up
48.40 to 50 percent of the costs of implementing a beaver damage
48.41 control program by a joint powers board.
48.42 Subd. 3. [AWARDING OF GRANTS.] Applications for grants
49.1 must be made to the commissioner on forms prescribed by the
49.2 commissioner. The commissioner shall consult with town
49.3 supervisors and county commissioners representing different
49.4 areas of the state in developing the application form. A joint
49.5 powers board seeking a grant may be required to supply
49.6 information on the beaver control program it has adopted, the
49.7 extent of the problem in the geographic area covered by the
49.8 joint powers agreement, and the ability of the joint powers
49.9 board to match the state grant. The commissioner may prioritize
49.10 the grant applications based upon the information requested as
49.11 part of the grant application.
49.12 Subd. 4. [REPORT.] (a) Within one year after receiving a
49.13 grant under this section, a joint powers board must report to
49.14 the commissioner on the board's efforts to control beaver in the
49.15 area.
49.16 (b) The commissioner shall report to the senate and house
49.17 environment and natural resources committees on the efforts
49.18 under this section to control beaver by December 15 of each
49.19 even-numbered year.
49.20 Sec. 18. [17.40] [AGROFORESTRY.]
49.21 Subdivision 1. [DEFINITION.] "Agroforestry" means the
49.22 cultivation of short-rotation woody crops using agricultural
49.23 practices to produce timber or forest products.
49.24 Subd. 2. [AGRICULTURAL PURSUIT.] Agroforestry is an
49.25 agricultural pursuit.
49.26 Sec. 19. Minnesota Statutes 1996, section 17.76, is
49.27 amended by adding a subdivision to read:
49.28 Subd. 4. [EXPIRATION.] The dairy producers board expires
49.29 on June 30, 2001.
49.30 Sec. 20. Minnesota Statutes 1996, section 32.394,
49.31 subdivision 11, is amended to read:
49.32 Subd. 11. [WAIVER OF RULES; WATER WELL DISTANCE
49.33 REQUIREMENT.] A dairy farmer who wishes to be permitted to
49.34 produce grade A milk may not be denied the grade A permit solely
49.35 because of provisions in rules adopted by the commissioner of
49.36 health requiring a minimum distance between a water well and a
50.1 dairy barn. To be eligible for a grade A permit, the following
50.2 conditions must be met:
50.3 (1) the water well must have been in place prior to January
50.4 1, 1974;
50.5 (2) the water well must comply with all rules of the
50.6 commissioner of health other than the minimum distance
50.7 requirement; and
50.8 (3) water from the well must be tested at least once every
50.9 six months in compliance with guidelines established by the
50.10 commissioner of agriculture unless the water from the well meets
50.11 water quality requirements for three consecutive years, in which
50.12 case the water must be tested only once every 12 months until
50.13 the water fails to meet water quality requirements during one of
50.14 the tests.
50.15 Sec. 21. Minnesota Statutes 1996, section 32.415, is
50.16 amended to read:
50.17 32.415 [MILK FOR MANUFACTURING; QUALITY STANDARDS.]
50.18 (a) The commissioner may adopt rules to provide uniform
50.19 quality standards, and producers of milk used for manufacturing
50.20 purposes shall conform to the standards contained in Subparts B,
50.21 C, D, E, and F of the United States Department of Agriculture
50.22 Consumer and Marketing Service Recommended Requirements for Milk
50.23 for Manufacturing Purposes and its Production and Processing,
50.24 Vol. 37 Federal Register, No. 68, Part II, April 7, 1972, as
50.25 revised through March 1, 1996 1997, except that the commissioner
50.26 shall develop methods by which producers can comply with the
50.27 standards without violation of religious beliefs.
50.28 (b) The commissioner shall perform or contract for the
50.29 performance of the inspections necessary to implement this
50.30 section or shall certify dairy industry personnel to perform the
50.31 inspections.
50.32 (c) The commissioner and other employees of the department
50.33 shall make every reasonable effort to assist producers in
50.34 achieving the milk quality standards at minimum cost and to use
50.35 the experience and expertise of the University of Minnesota and
50.36 the agricultural extension service to assist producers in
51.1 achieving the milk quality standards in the most cost-effective
51.2 manner.
51.3 (d) The commissioner shall consult with producers,
51.4 processors, and others involved in the dairy industry in order
51.5 to prepare for the implementation of this section including
51.6 development of informational and educational materials,
51.7 meetings, and other methods of informing producers about the
51.8 implementation of standards under this section.
51.9 Sec. 22. Minnesota Statutes 1996, section 84.0273, is
51.10 amended to read:
51.11 84.0273 [CORRECTION ESTABLISHMENT OF BOUNDARY LINES
51.12 RELATING TO CERTAIN STATE LANDHOLDINGS.]
51.13 In order to correct errors in legal descriptions resolve
51.14 boundary line issues affecting the ownership interests of the
51.15 state and adjacent landowners, the commissioner of natural
51.16 resources may, in the name of the state upon terms the
51.17 commissioner deems appropriate, convey, without monetary
51.18 consideration, by a boundary line agreement, quitclaim deed, or
51.19 management agreement in such form as the attorney general
51.20 approves, such rights, titles, and interests of the state in
51.21 state lands for such rights, titles and interests in adjacent
51.22 lands as are necessary for the purpose of correcting legal
51.23 descriptions of establishing boundaries. A notice of the
51.24 proposed conveyance and a brief statement of the reason therefor
51.25 shall be published once in the State Register by the
51.26 commissioner between 15 and 30 days prior to conveyance. The
51.27 provisions of this section are not intended to replace or
51.28 supersede laws relating to land exchange or disposal of surplus
51.29 state property.
51.30 Sec. 23. Minnesota Statutes 1996, section 84.0887,
51.31 subdivision 2, is amended to read:
51.32 Subd. 2. [ADDITIONAL SERVICES; CORPS TO CAREER COMMUNITY
51.33 SERVICE.] (a) In addition to services under subdivision 1, youth
51.34 corps programs may coordinate with or provide services to:
51.35 (1) making public facilities accessible to individuals with
51.36 disabilities;
52.1 (2) federal, state, local, and regional governmental
52.2 agencies;
52.3 (3) nursing homes, hospices, senior centers, hospitals,
52.4 local libraries, parks, recreational facilities, child and adult
52.5 day care centers, programs servicing individuals with
52.6 disabilities, and schools;
52.7 (4) law enforcement agencies, and penal and probation
52.8 systems;
52.9 (5) private nonprofit organizations that primarily focus on
52.10 social service such as community action agencies;
52.11 (6) activities that focus on the rehabilitation or
52.12 improvement of public facilities, neighborhood improvements,
52.13 literacy training that benefits educationally disadvantaged
52.14 individuals, weatherization of and basic repairs to low-income
52.15 housing including housing occupied by older adults, activities
52.16 that focus on drug and alcohol abuse education, prevention, and
52.17 treatment; and
52.18 (7) any other nonpartisan civic activities and services
52.19 that the commissioner determines to be of a substantial social
52.20 benefit in meeting unmet human, educational, or environmental
52.21 needs, particularly needs related to poverty, or in the
52.22 community where volunteer service is to be performed.
52.23 (b) Youth and young adults may provide full-time or
52.24 part-time youth community service in a program known as "corps
52.25 to career" if the individual:
52.26 (1) is an unemployed high school dropout and is a parent of
52.27 a minor member of an assistance unit under the AFDC, MFIP or
52.28 MFIP-R programs under chapter 256 or under the MFIP-S program
52.29 under chapter 256J, or is a person who is a member of an
52.30 assistance unit under the AFDC, MFIP or MFIP-R programs under
52.31 chapter 256 or under the MFIP-S program under chapter 256J;
52.32 (2) agrees to only use the individual's postservice benefit
52.33 under the federal Americorps Act to complete a customized job
52.34 training program that requires 20 percent of the individual's
52.35 time to be spent in the corps to career program and that is
52.36 consistent with the work requirements of the employment and
53.1 training services component of the MFIP-S program under chapter
53.2 256J or, if a customized job training program is unavailable,
53.3 agrees to use the postservice benefit consistent with the
53.4 federal education award; and
53.5 (3) during the entire time the individual completes the
53.6 individual's job training program, resides within an enterprise
53.7 zone as defined in section 469.303.
53.8 To be eligible under this paragraph, any individual who
53.9 receives assistance under clause (1) after MFIP-S has been
53.10 implemented in the individual's county of financial
53.11 responsibility, and who meets the requirements in clauses (2)
53.12 and (3), also must meet the requirements of the employment and
53.13 training services component of the MFIP-S program under chapter
53.14 256J.
53.15 (c) The commissioner of natural resources shall ensure that
53.16 the corps to career program will not decrease employment
53.17 opportunities that would be available without the program; will
53.18 not displace current employees including any partial
53.19 displacement in the form of reduced hours of work other than
53.20 overtime, wages, employment benefits, or regular seasonal work;
53.21 will not impair existing labor agreements; and will not result
53.22 in the substitution of project funding for preexisting funds or
53.23 sources of funds for ongoing work.
53.24 Sec. 24. Minnesota Statutes 1996, section 84.794,
53.25 subdivision 1, is amended to read:
53.26 Subdivision 1. [REGISTRATION REVENUE.] Fees from the
53.27 registration of off-highway motorcycles and the unrefunded
53.28 gasoline tax attributable to off-highway motorcycle use under
53.29 section 296.16 must be deposited in the state treasury and
53.30 credited to the off-highway motorcycle account in the natural
53.31 resources fund. Interest earned on unexpended balances shall be
53.32 credited to the account.
53.33 Sec. 25. Minnesota Statutes 1996, section 84.803,
53.34 subdivision 1, is amended to read:
53.35 Subdivision 1. [REGISTRATION REVENUE.] Fees from the
53.36 registration of off-road vehicles and unrefunded gasoline tax
54.1 attributable to off-road vehicle use under section 296.16 must
54.2 be deposited in the state treasury and credited to the off-road
54.3 vehicle account in the natural resources fund. Interest earned
54.4 on unexpended balances shall be credited to the account.
54.5 Sec. 26. Minnesota Statutes 1996, section 84.927,
54.6 subdivision 2, is amended to read:
54.7 Subd. 2. [PURPOSES.] Subject to appropriation by the
54.8 legislature, money in the all-terrain vehicle account and
54.9 interest earned on unexpended balances may only be spent for:
54.10 (1) the education and training program under section
54.11 84.925;
54.12 (2) administration and implementation of sections 84.92 to
54.13 84.929 and Laws 1984, chapter 647, sections 9 and 10;
54.14 (3) acquisition, maintenance, and development of vehicle
54.15 trails and use areas;
54.16 (4) grant-in-aid programs to counties and municipalities to
54.17 construct and maintain all-terrain vehicle trails and use areas;
54.18 and
54.19 (5) grants-in-aid to local safety programs.
54.20 The distribution of funds made available through
54.21 grant-in-aid programs must be guided by the statewide
54.22 comprehensive outdoor recreation plan.
54.23 Sec. 27. Minnesota Statutes 1996, section 85.015, is
54.24 amended by adding a subdivision to read:
54.25 Subd. 20. [STAGECOACH TRAIL; STEELE, DODGE, AND OLMSTED
54.26 COUNTIES.] The trail shall originate at the Douglas trail near
54.27 the city of Rochester in Olmsted county and extend westerly
54.28 along the Zumbro river valley to the city of Mantorville and the
54.29 village of Wasioja in Dodge county, following as closely as
54.30 possible the historic stagecoach trail to Wasioja, through Rice
54.31 Lake state park to the city of Owatonna in Steele county.
54.32 Sec. 28. Minnesota Statutes 1996, section 85.22,
54.33 subdivision 2a, is amended to read:
54.34 Subd. 2a. [RECEIPTS, APPROPRIATION.] All receipts derived
54.35 from the rental or sale of state park items and operation of
54.36 Douglas Lodge shall be deposited in the state treasury and be
55.1 credited to the state parks working capital account. Receipts
55.2 and expenses from Douglas Lodge shall be tracked separately
55.3 within the account. Money in the account is annually
55.4 appropriated for the purchase and payment of expenses
55.5 attributable to items for resale or rental and operation of
55.6 Douglas Lodge. Any excess receipts in this account are annually
55.7 appropriated for state park management and interpretive programs.
55.8 Interest earned on unexpended balances shall be credited to the
55.9 account.
55.10 Sec. 29. Minnesota Statutes 1996, section 85A.04,
55.11 subdivision 4, is amended to read:
55.12 Subd. 4. [ZOO CONCESSION AND REVENUE ACCOUNT.] All
55.13 receipts and interest from the operation of zoo concessions,
55.14 memberships, and donations must be deposited in a special
55.15 account in the special revenue fund and are appropriated to the
55.16 board.
55.17 Sec. 30. Minnesota Statutes 1996, section 86A.23, is
55.18 amended to read:
55.19 86A.23 [OPEN FACILITIES; LIABILITY EXEMPTION.]
55.20 Facilities in harbors and connecting waterways established
55.21 under sections 86A.20 to 86A.24 shall be public and open to all
55.22 users on equal and reasonable terms. Users shall have no cause
55.23 of action against owners of land adjacent to small craft harbors
55.24 and mooring facilities for damage as a result of noise and dust
55.25 generated by facilities or iron-producing industries.
55.26 Sec. 31. Minnesota Statutes 1996, section 86B.415,
55.27 subdivision 9, is amended to read:
55.28 Subd. 9. [DISPOSITION OF RECEIPTS.] Money received for
55.29 watercraft licenses shall be deposited in the state treasury and
55.30 credited to the water recreation account. Interest earned on
55.31 unexpended balances shall be credited to the account.
55.32 Sec. 32. Minnesota Statutes 1996, section 92.06,
55.33 subdivision 4, is amended to read:
55.34 Subd. 4. [IMPROVEMENTS, WHEN PAYMENT NOT NECESSARY.] If a
55.35 person has made improvements to the land and if: (1) the
55.36 commissioner believes that person settled the land in good faith
56.1 as homestead land under the laws of the United States before it
56.2 was certified to the state, or if (2) the improvements were
56.3 lawfully made by that person as a lessee of the state, or (3)
56.4 the commissioner determines, based on clear and convincing
56.5 evidence provided by the person, that the improvements were made
56.6 by the person as an inadvertent trespasser, then the value of
56.7 the improvements must be separately appraised and, if the
56.8 settler or, lessee, or inadvertent trespasser purchases the
56.9 land, the settler or, lessee, or inadvertent trespasser is not
56.10 required to pay for the improvements. If another person
56.11 purchases the land, that person must pay the owner of the
56.12 improvements, in addition to all other required payments, the
56.13 appraised amount for the improvements. Payment for improvements
56.14 must be made within 15 days of the auction sale, either in cash
56.15 or upon terms and conditions agreeable to the owner of the
56.16 improvements. If payment for improvements is not made in cash,
56.17 and if there is no agreement between the parties within 15 days
56.18 of the auction sale, the commissioner may:
56.19 (1) sell the property to the second highest qualified
56.20 bidder if that bidder submitted to the commissioner's
56.21 representative, at the auction sale, a written request to buy
56.22 the property at a specified price; or
56.23 (2) void the sale and reoffer the property at a subsequent
56.24 sale.
56.25 This subdivision does not apply unless the owner of the
56.26 improvements makes a verified application to the commissioner
56.27 showing entitlement to the improvements before the first state
56.28 public sale at which the land is offered for sale. The
56.29 applicant must appear at the sale and offer to purchase the land
56.30 for at least its appraised value including all timber on it, and
56.31 make the purchase if no higher bid is received. Actions or
56.32 other proceedings involving the land in question begun before
56.33 the sale must have been completed.
56.34 Sec. 33. Minnesota Statutes 1996, section 92.16,
56.35 subdivision 1, is amended to read:
56.36 Subdivision 1. [CONTENTS; DEFAULT, RESALE.] At the time of
57.1 the sale the commissioner shall execute, acknowledge, and
57.2 deliver to the purchaser a certificate of sale, numbered and
57.3 made assignable, certifying the description of the land sold,
57.4 its quantity, the price per acre, the consideration paid and to
57.5 be paid, and the time and terms of payment. A certificate must
57.6 not be delivered until the sum required by law to be paid at the
57.7 time of the sale is paid. The sum includes costs determined by
57.8 the commissioner to be associated with the sale such as survey,
57.9 appraisal, publication, deed tax, filing fee, and similar
57.10 costs. If the purchaser fails to pay the sum, the commissioner
57.11 may immediately reoffer the land for sale, but a bid may not be
57.12 accepted from the person failing to pay the original offer. If
57.13 the purchaser pays in full at the time of sale, the commissioner
57.14 is not required to issue a certificate of sale.
57.15 Sec. 34. Minnesota Statutes 1996, section 92.46, is
57.16 amended by adding a subdivision to read:
57.17 Subd. 1b. [SALE OF LEASED PROPERTY.] A lessee holding a
57.18 lease under subdivision 1 on the enactment date of this
57.19 subdivision may request that the leased land be sold at public
57.20 sale. The lessee must submit a written request for public sale
57.21 to the commissioner of natural resources by August 1, 1997. The
57.22 commissioner shall mail notice of this subdivision to each
57.23 leaseholder within one month of the enactment date.
57.24 Notwithstanding section 92.45, the commissioner of natural
57.25 resources shall sell leased land at public sale after receipt of
57.26 a written request from the lessee, but in no event later than
57.27 February 1, 1998. Notwithstanding section 92.14, notice of each
57.28 sale must be published in the State Register, a newspaper of
57.29 statewide circulation, and in the daily newspaper of the region
57.30 where the leased land is located.
57.31 Sec. 35. [92.80] [PAYMENT OF TAXES AND ASSESSMENTS.]
57.32 Subdivision 1. [CANCELLATION OF CERTIFICATE OF SALE.] If
57.33 the state acquires an interest in real property prior to the
57.34 cancellation of a certificate of sale or upon completion of the
57.35 cancellation process by advertisement or court order, the state
57.36 must make provision to pay all taxes, interests, costs,
58.1 penalties, and assessments. The commissioner of natural
58.2 resources must request the certificate of sale vendee to make a
58.3 good faith attempt to pay the debt. If the commissioner
58.4 determines that the vendee is unwilling or unable to pay the
58.5 debt, the commissioner may pay the debt and seek redress against
58.6 the vendee.
58.7 Subd. 2. [VOLUNTARY AND INVOLUNTARY REVERSIONS.] (a) If a
58.8 grantee on a certificate of sale or state deed desires the state
58.9 to exercise its reversionary interest in real property, the
58.10 grantee must pay all real estate taxes, costs, interest,
58.11 penalties, and assessments on the property prior to reversion.
58.12 (b) If a grantee on a certificate of sale or state deed
58.13 breaches the contractual terms of the certificate or deed, the
58.14 commissioner of natural resources must request the grantee to
58.15 make a good faith attempt to pay all real estate taxes, costs,
58.16 interest, penalties, and assessments on the property prior to
58.17 reversion. If the commissioner determines that the grantee is
58.18 unwilling or unable to pay the debt, the commissioner may pay
58.19 the debt and seek redress against the grantee.
58.20 Sec. 36. Minnesota Statutes 1996, section 94.10,
58.21 subdivision 2, is amended to read:
58.22 Subd. 2. (a) Lands certified as surplus by the head of a
58.23 department or agency other than the department of natural
58.24 resources shall be offered for public sale by the commissioner
58.25 of administration as provided in this paragraph. After
58.26 complying with subdivision 1 and before any public sale of
58.27 surplus state-owned land is made, the commissioner of
58.28 administration shall publish a notice thereof at least once in
58.29 each week for four successive weeks in a legal newspaper and
58.30 also in a newspaper of general distribution in the city or
58.31 county in which the real property to be sold is situated, which
58.32 notice shall specify the time and place at which the sale will
58.33 commence, a general description of the lots or tracts to be
58.34 offered, and a general statement of the terms of sale. Each
58.35 tract or lot shall be sold separately and shall be sold for not
58.36 less than the appraised value thereof. Parcels remaining unsold
59.1 after the offering may be sold to anyone agreeing to pay the
59.2 appraised value thereof. The sale shall continue until all
59.3 parcels are sold or until the commissioner orders a reappraisal
59.4 or withdraws the remaining parcels from sale.
59.5 (b) Lands certified as surplus by the commissioner of
59.6 natural resources shall be offered for public sale by the
59.7 commissioner of natural resources in the manner provided in
59.8 paragraph (a) for sales by the commissioner of administration.
59.9 (c) Except as provided in section 94.11, the cost of any
59.10 survey or appraisal as provided in subdivision 1 shall be added
59.11 to and made a part of the appraised value of the lands to be
59.12 sold, whether to any political subdivision of the state or to a
59.13 private purchaser as provided in this subdivision.
59.14 Sec. 37. Minnesota Statutes 1996, section 94.165, is
59.15 amended to read:
59.16 94.165 [LAND ACQUISITION ACCOUNT.]
59.17 There is created in the state treasury a land acquisition
59.18 account. Money in the account and interest earned on unexpended
59.19 balances is appropriated to the commissioner of natural
59.20 resources for the acquisition of natural resource lands or
59.21 interests in lands within the outdoor recreation system
59.22 established in chapter 86A. The commissioner must file a report
59.23 to the house ways and means and the senate finance committees
59.24 and the environment and natural resources committees of the
59.25 senate and house of representatives by October 1 of each year
59.26 indicating all purchases and sales from this account.
59.27 Sec. 38. Minnesota Statutes 1996, section 97B.667, is
59.28 amended to read:
59.29 97B.667 [REMOVAL OF BEAVER DAMS AND LODGES BY ROAD
59.30 AUTHORITIES.]
59.31 When a drainage watercourse is impaired by a beaver dam and
59.32 the water damages or threatens to damage a public road, the road
59.33 authority, as defined in section 160.02, subdivision 9, may
59.34 remove the impairment and any associated beaver lodge within 300
59.35 feet of the road, if the commissioner approves.
59.36 Sec. 39. Minnesota Statutes 1996, section 103C.501,
60.1 subdivision 6, is amended to read:
60.2 Subd. 6. [RULES.] (a) The state board shall adopt rules
60.3 prescribing:
60.4 (1) procedures and criteria for allocating funds for
60.5 cost-sharing contracts;
60.6 (2) standards and guidelines for cost-sharing contracts;
60.7 (3) the scope and content of district comprehensive plans,
60.8 plan amendments, and annual work plans;
60.9 (4) standards and methods necessary to plan and implement a
60.10 priority cost-sharing program, including guidelines to identify
60.11 high priority erosion, sedimentation, and water quality
60.12 problems;
60.13 (5) the share of the cost of conservation practices to be
60.14 paid from cost-sharing funds; and
60.15 (6) requirements for districts to document their efforts to
60.16 identify and contact land occupiers with high priority erosion
60.17 problems.
60.18 (b) Notwithstanding any other provisions in this chapter,
60.19 the rules may provide that cost-sharing may be used for
60.20 farmstead windbreaks and shelterbelts for the purposes of energy
60.21 conservation and snow protection.
60.22 Sec. 40. Minnesota Statutes 1996, section 103F.378,
60.23 subdivision 1, is amended to read:
60.24 Subdivision 1. [DUTIES.] The Minnesota river basin joint
60.25 powers board, established under section 471.59 for the purpose
60.26 of coordinating efforts to improve water quality in the
60.27 Minnesota river and achieving the goal of making the Minnesota
60.28 river suitable for fishing and swimming by the year 2005, has
60.29 the following duties:
60.30 (1) coordination of comprehensive cleanup goals for the
60.31 Minnesota river by coordinating the work plans of the 12 major
60.32 watersheds and the member counties of the joint powers board,
60.33 state agencies, and the University of Minnesota in cleanup
60.34 efforts and submission of periodic river cleanup plans for
60.35 submission to the governor and the legislature;
60.36 (2) advising on the development and use of monitoring and
61.1 evaluation systems in the Minnesota river and the incorporation
61.2 of the data obtained from these systems into the planning
61.3 process;
61.4 (3) conducting public meetings of the board on at least a
61.5 quarterly basis at locations within the Minnesota river basin;
61.6 (4) conducting an ongoing information and education program
61.7 concerning the status of the Minnesota river, including an
61.8 annual conference on the state of the Minnesota river; and
61.9 (5) providing periodic reports and budget requests to the
61.10 governor's office and the chairs of the agriculture and
61.11 environment and natural resources committees of the senate and
61.12 the house of representatives regarding progress on meeting river
61.13 water quality management goals and future funding required for
61.14 this effort.;
61.15 (6) advising on the development of projects within the 12
61.16 major watersheds that are scientifically sound, have landowner
61.17 support, and reduce inputs of pollutants into the Minnesota
61.18 river basin; and
61.19 (7) administering the distribution of project
61.20 implementation funds for the 12 major watersheds by approving
61.21 projects, identifying matching components for each project, and
61.22 tracking the results achieved for each project.
61.23 Sec. 41. Minnesota Statutes 1996, section 115.03,
61.24 subdivision 5, is amended to read:
61.25 Subd. 5. [AGENCY AUTHORITY; NATIONAL POLLUTANT DISCHARGE
61.26 ELIMINATION SYSTEM.] (a) Notwithstanding any other provisions
61.27 prescribed in or pursuant to this chapter and, with respect to
61.28 the pollution of waters of the state, in chapter 116, or
61.29 otherwise, the agency shall have the authority to perform any
61.30 and all acts minimally necessary including, but not limited to,
61.31 the establishment and application of standards, procedures,
61.32 rules, orders, variances, stipulation agreements, schedules of
61.33 compliance, and permit conditions, consistent with and,
61.34 therefore not less stringent than the provisions of the Federal
61.35 Water Pollution Control Act, as amended, applicable to the
61.36 participation by the state of Minnesota in the National
62.1 Pollutant Discharge Elimination System (NPDES); provided that
62.2 this provision shall not be construed as a limitation on any
62.3 powers or duties otherwise residing with the agency pursuant to
62.4 any provision of law.
62.5 (b) Unless specifically required or approved by the
62.6 legislature, the agency may not adopt or enforce a new,
62.7 modified, or revised water quality standard, other than a
62.8 standard adopted under the Great Lakes Initiative, that is more
62.9 stringent than is necessary to comply with established federal
62.10 water quality criteria.
62.11 Sec. 42. [115.58] [ALTERNATIVE DISCHARGING SEWAGE
62.12 SYSTEMS.]
62.13 Subdivision 1. [DEFINITIONS.] (a) The definitions in this
62.14 subdivision apply to this section.
62.15 (b) "Alternative discharging sewage system" means a sewage
62.16 treatment system, or part thereof, serving a dwelling, other
62.17 establishment, or group thereof, discharging less than 10,000
62.18 gallons of water per day, that uses any treatment and disposal
62.19 other than subsurface soil treatment and disposal.
62.20 (c) "Permit" means a National Pollutant Discharge
62.21 Elimination System permit or State Disposal System permit
62.22 granted to any person for the installation, ownership,
62.23 management, or control of alternative discharging sewage systems
62.24 whose operations, emissions, activities, discharges, or
62.25 facilities are the same or substantially similar.
62.26 (d) "Water quality utility cooperative" means an
62.27 association of persons organized under chapter 308A to install,
62.28 own, manage, and control individual sewage treatment systems or
62.29 alternative discharging sewage systems that provide water
62.30 quality treatment and management services for its members within
62.31 a defined geographical area.
62.32 (e) "Water quality treatment and management services" means
62.33 the monitoring and control of alternative discharging sewage
62.34 systems to eliminate or reduce water pollution from point and
62.35 nonpoint sources; the management, use, reuse, recycling, or
62.36 reclamation of land, water, or wastewater for water supply;
63.1 geothermal heating and cooling; fire protection; irrigation;
63.2 drainage; open space or green belt preservation; storm water
63.3 management and control; flood management and control or other
63.4 purposes that are part of a comprehensive plan to reduce,
63.5 prevent, or eliminate water pollution.
63.6 Subd. 2. [AREAWIDE PERMIT.] The agency may issue an
63.7 areawide permit for alternative discharging sewage systems,
63.8 where the systems:
63.9 (1) meet all applicable federal and state standards for
63.10 treatment and discharge of sewage effluents by the agency;
63.11 (2) are part of a water quality treatment and management
63.12 plan to prevent, eliminate, or reduce water pollution within a
63.13 defined geographic area;
63.14 (3) are owned or controlled by a water quality utility
63.15 cooperative; and
63.16 (4) the water quality utility cooperative has a service
63.17 agreement with a local unit of government to provide water
63.18 quality treatment and management services for the area under
63.19 section 471A.03.
63.20 Subd. 3. [LOCAL ORDINANCE EXEMPTION.] Any system which is
63.21 permitted under subdivision 2 is exempt from the requirements of
63.22 any local ordinance adopted to conform with section 115.55 if
63.23 the system complies with the applicable standards for discharges
63.24 and treatment of sewage effluents.
63.25 Sec. 43. Minnesota Statutes 1996, section 115A.54,
63.26 subdivision 2a, is amended to read:
63.27 Subd. 2a. [SOLID WASTE MANAGEMENT PROJECTS.] (a) The
63.28 director shall provide technical and financial assistance for
63.29 the acquisition and betterment of solid waste management
63.30 projects as provided in this subdivision and section 115A.52.
63.31 Money appropriated for the purposes of this subdivision must be
63.32 distributed as grants.
63.33 (b) Except as provided in paragraph (c), a project may
63.34 receive grant assistance up to 25 percent of the capital cost of
63.35 the project or $2,000,000, whichever is less, except that
63.36 projects constructed as a result of intercounty cooperative
64.1 agreements may receive (1) grant assistance up to 25 percent of
64.2 the capital cost of the project; or (2) $2,000,000 times the
64.3 number of participating counties, whichever is less.
64.4 (c) A recycling project or a project to compost or
64.5 cocompost waste may receive grant assistance up to 50 percent of
64.6 the capital cost of the project or $2,000,000, whichever is
64.7 less, except that projects completed as a result of intercounty
64.8 cooperative agreements may receive (1) grant assistance up to 50
64.9 percent of the capital cost of the project; or (2) $2,000,000
64.10 times the number of participating counties, whichever is less.
64.11 The following projects may also receive grant assistance in the
64.12 amounts specified in this paragraph:
64.13 (1) a project to improve control of or reduce air emissions
64.14 at an existing resource recovery facility; and
64.15 (2) a project to substantially increase the recovery of
64.16 materials or energy, substantially reduce the amount or toxicity
64.17 of waste processing residuals, or expand the capacity of an
64.18 existing resource recovery facility to meet the resource
64.19 recovery needs of an expanded region if each county from which
64.20 waste is or would be received has achieved a recycling rate in
64.21 excess of the goals in section 115A.551, and is implementing
64.22 aggressive waste reduction and household hazardous waste
64.23 management programs.
64.24 (d) Notwithstanding paragraph (e), the director may award
64.25 grants for transfer stations that will initially transfer waste
64.26 to landfills if the transfer stations are part of a planned
64.27 resource recovery project, the county where the planned resource
64.28 recovery facility will be located has a comprehensive solid
64.29 waste management plan approved by the director, and the solid
64.30 waste management plan proposes the development of the resource
64.31 recovery facility. If the proposed resource recovery facility
64.32 is not in place and operating within eight 12 years of the date
64.33 of the grant award, the recipient shall repay the grant amount
64.34 to the state.
64.35 (e) Projects without resource recovery are not eligible for
64.36 assistance.
65.1 (f) In addition to any assistance received under paragraph
65.2 (b) or (c), a project may receive grant assistance for the cost
65.3 of tests necessary to determine the appropriate pollution
65.4 control equipment for the project or the environmental effects
65.5 of the use of any product or material produced by the project.
65.6 (g) In addition to the application requirements of section
65.7 115A.51, an application for a project serving eligible
65.8 jurisdictions in only a single county must demonstrate that
65.9 cooperation with jurisdictions in other counties to develop the
65.10 project is not needed or not feasible. Each application must
65.11 also demonstrate that the project is not financially prudent
65.12 without the state assistance, because of the applicant's
65.13 financial capacity and the problems inherent in the waste
65.14 management situation in the area, particularly transportation
65.15 distances and limited waste supply and markets for resources
65.16 recovered.
65.17 (h) For the purposes of this subdivision, a "project" means
65.18 a processing facility, together with any transfer stations,
65.19 transmission facilities, and other related and appurtenant
65.20 facilities primarily serving the processing facility. The
65.21 director shall adopt rules for the program by July 1, 1985.
65.22 (i) Notwithstanding anything in this subdivision to the
65.23 contrary, a project to construct a new mixed municipal solid
65.24 waste transfer station that has an enforceable commitment of at
65.25 least ten years, or of sufficient length to retire bonds sold
65.26 for the facility, to serve an existing resource recovery
65.27 facility may receive grant assistance up to 75 percent of the
65.28 capital cost of the project if addition of the transfer station
65.29 will increase substantially the geographical area served by the
65.30 resource recovery facility and the ability of the resource
65.31 recovery facility to operate more efficiently on a regional
65.32 basis and the facility meets the criteria in paragraph (c), the
65.33 second clause (2). A transfer station eligible for assistance
65.34 under this paragraph is not eligible for assistance under any
65.35 other paragraph of this subdivision.
65.36 Sec. 44. Minnesota Statutes 1996, section 115A.912, is
66.1 amended by adding a subdivision to read:
66.2 Subd. 4. [WASTE TIRE MATERIALS; PROHIBITION.] Materials
66.3 derived from waste tires may not be used as lightweight fill in
66.4 the construction of public roads or streets in the state.
66.5 Sec. 45. Minnesota Statutes 1996, section 116.07, is
66.6 amended by adding a subdivision to read:
66.7 Subd. 7a. [NOTICE OF APPLICATION FOR ANIMAL FEEDLOT
66.8 PERMITS.] A complete animal feedlot permit application for a new
66.9 or expanding animal feedlot, which is for an increase of 500
66.10 animal units or more, must include documentation to verify that
66.11 the applicant has notified each owner of real property within
66.12 three miles of the proposed animal feedlot. The notification
66.13 must specify the proposed size, location, and owner or manager
66.14 of the animal feedlot.
66.15 Sec. 46. [116.072] [LIVESTOCK ODOR.]
66.16 The pollution control agency must:
66.17 (a) monitor and identify:
66.18 (1) potential livestock facility violations of the state
66.19 ambient air quality standards for hydrogen sulfide, using a
66.20 protocol for responding to citizen complaints regarding feedlot
66.21 odor and its hydrogen sulfide component; and
66.22 (2) total sulfur gases and corresponding hydrogen sulfide
66.23 levels using monitoring equipment that follows plumes and:
66.24 (b) ensure that livestock production facilities exceeding
66.25 ambient hydrogen sulfide standards implement changes that result
66.26 in compliance within 60 days of the determination that the
66.27 operator is in violation of the standards, and includes monetary
66.28 penalties and increased penalties for repeat violations; and
66.29 (c) recover the costs of the total reduced sulfur and
66.30 hydrogen sulfide inspection and monitoring program from
66.31 livestock production facilities that are determined to be in
66.32 violation of state ambient air quality standards.
66.33 Sec. 47. [219.99] [RAILROAD PRAIRIE INVENTORY AND PLAN.]
66.34 Subdivision 1. [RAILROAD PRAIRIE INVENTORY.] By November
66.35 1, 1998, the commissioner of natural resources shall, in
66.36 cooperation with each railroad company operating in Minnesota,
67.1 conduct an inventory of the rights-of-way under the company's
67.2 ownership or control. The inventory must identify the
67.3 geographic location, extent, character, and relationship to
67.4 adjoining plant communities of all native prairies on each
67.5 railroad right-of-way.
67.6 Subd. 2. [PRAIRIE PRESERVATION MANAGEMENT
67.7 GUIDELINES.] Based on the inventory completed in subdivision 1,
67.8 and on similar inventories already conducted by the department
67.9 of natural resources and other state or federal agencies, the
67.10 commissioner of natural resources must develop prairie
67.11 management guidelines for preserving railroad prairie
67.12 rights-of-way identified in subdivision 1 by June 30, 1999.
67.13 Sec. 48. [219.991] [PRAIRIE MANAGEMENT GUIDELINES
67.14 IMPLEMENTATION.]
67.15 Subdivision 1. [COOPERATION WITH RAILROADS.] Based on the
67.16 management guidelines developed in section 219.99, the
67.17 commissioner of natural resources must seek cooperation with
67.18 railroads owning prairie rights-of-way to use the guidelines to
67.19 preserve prairie to the maximum extent possible.
67.20 Subd. 2. [EXEMPTIONS.] Except as necessary to comply with
67.21 the Endangered Species Act, Public Law Number 100-478, this
67.22 section does not apply to persons engaged in:
67.23 (1) farming on farmland and farm right-of-way;
67.24 (2) commercial application of pesticides on farmland and
67.25 farm right-of-way;
67.26 (3) structural pest control;
67.27 (4) residential lawn applications;
67.28 (5) forest management activities;
67.29 (6) control of noxious weeds or mosquitoes, arthropods, or
67.30 insects of public health importance under chapter 18 or section
67.31 473.04; or
67.32 (7) pest or weed control in geographic areas where other
67.33 methods of control designed to preserve prairies constitute a
67.34 valid public safety concern.
67.35 Subd. 3. [PLANNING.] Each railroad company shall file with
67.36 the commissioner of agriculture a plan containing anticipated
68.1 dates, routes, and applicators of pesticide on its rights-of-way
68.2 no later than April 1 of each calendar year.
68.3 Sec. 49. Minnesota Statutes 1996, section 296.421,
68.4 subdivision 5, is amended to read:
68.5 Subd. 5. [COMPUTATION OF UNREFUNDED TAX.] The amount of
68.6 unrefunded tax shall be a sum equal to 1-1/2 percent of all
68.7 revenues derived from the excise taxes on gasoline, except on
68.8 gasoline used for aviation purposes, together with interest
68.9 thereon and penalties for delinquency in payment, paid or
68.10 collected pursuant to the provisions of sections 296.02 to
68.11 296.17. The amount of such tax shall be computed for each
68.12 six-month period commencing January 1, 1961, and shall be paid
68.13 into the state treasury on November 1 and June 1 following each
68.14 six-month period.
68.15 Sec. 50. Minnesota Statutes 1996, section 300.111, is
68.16 amended by adding a subdivision to read:
68.17 Subd. 5. [WATER QUALITY UTILITY
68.18 COOPERATIVES.] Notwithstanding any contrary provision in
68.19 subdivision 1, the term "public utility" also means a person,
68.20 corporation, cooperative, or other legal entity, its lessees,
68.21 trustees, and receivers operating, maintaining, or controlling
68.22 in this state after June 1, 1997, equipment or facilities to
68.23 provide water quality treatment and management services, as
68.24 defined in section 115.58, subdivision 1, paragraph (e). Public
68.25 utility does not include a municipality that owns or operates
68.26 equipment or facilities for treating wastewater, furnishing
68.27 potable water or water for geothermal heating and cooling,
68.28 managing storm water runoff or drainage, or reducing or
68.29 eliminating water pollution.
68.30 Sec. 51. Minnesota Statutes 1996, section 308A.101, is
68.31 amended by adding a subdivision to read:
68.32 Subd. 3. [WATER QUALITY UTILITY COOPERATIVE PURPOSE.] A
68.33 water quality utility cooperative may only be formed by a
68.34 cooperative engaged in the furnishing of potable water or water
68.35 quality treatment and management services as defined in section
68.36 115.58, subdivision 1, paragraph (e), for the purpose of
69.1 financing or refinancing the construction, improvement,
69.2 expansion, acquisition, operation, and maintenance of treatment
69.3 works, sewage systems, storm water facilities, water systems,
69.4 and related facilities of its members.
69.5 Sec. 52. Minnesota Statutes 1996, section 308A.201, is
69.6 amended by adding a subdivision to read:
69.7 Subd. 15. [WATER QUALITY UTILITY CONDEMNATION.] A water
69.8 quality utility cooperative organized in this state may exercise
69.9 the power of eminent domain in the manner provided by state law
69.10 for the exercise of the power by other corporations engaged in
69.11 the provision of electric, light, heat, power, or telephone
69.12 business.
69.13 Sec. 53. Minnesota Statutes 1996, section 325E.10,
69.14 subdivision 2, is amended to read:
69.15 Subd. 2. "Motor oil" means petroleum based oil used as a
69.16 lubricant or hydraulics in a transmission or internal combustion
69.17 engine motor vehicle as defined in section 168.011, subdivision
69.18 4.
69.19 Sec. 54. Minnesota Statutes 1996, section 325E.10, is
69.20 amended by adding a subdivision to read:
69.21 Subd. 2a. "Motor oil filter" means any filter used in
69.22 combination with motor oil.
69.23 Sec. 55. Minnesota Statutes 1996, section 325E.10, is
69.24 amended by adding a subdivision to read:
69.25 Subd. 5. "Used motor oil filter" means a motor oil filter
69.26 which through use, storage, or handling has become unsuitable
69.27 for its original purpose due to the presence of impurities or
69.28 loss of original properties.
69.29 Sec. 56. Minnesota Statutes 1996, section 325E.11, is
69.30 amended to read:
69.31 325E.11 [COLLECTION FACILITIES; NOTICE.]
69.32 (a) Any person selling at retail or offering motor oil or
69.33 motor oil filters for retail sale in this state shall:
69.34 (1) post a notice indicating the nearest location where
69.35 used motor oil and used motor oil filters may be returned at no
69.36 cost for recycling or reuse, post a toll-free telephone number
70.1 that may be called by the public to determine a convenient
70.2 location, or post a listing of locations where used motor oil
70.3 and used motor oil filters may be returned at no cost for
70.4 recycling or reuse; or
70.5 (2) if the person is subject to section 325E.112, post a
70.6 notice informing customers purchasing motor oil or motor oil
70.7 filters of the location of the used motor oil and used motor oil
70.8 filter collection site established by the retailer in accordance
70.9 with section 325E.112 where used motor oil and used motor oil
70.10 filters may be returned at no cost.
70.11 (b) A notice under paragraph (a) shall be posted on or
70.12 adjacent to the motor oil and motor oil filter displays, be at
70.13 least 8-1/2 inches by 11 inches in size, contain the universal
70.14 recycling symbol with the following language:
70.15 (1) "It is illegal to put used oil and used motor oil
70.16 filters in the garbage.";
70.17 (2) "Recycle your used oil and used motor oil filters.";
70.18 and
70.19 (3)(i) "There is a free collection site here for your used
70.20 oil and used motor oil filters."; or
70.21 (ii) "There is a free collection site for used oil and used
70.22 motor oil filters located at (name of business and street
70.23 address)."
70.24 (c) The division of weights and measures under the
70.25 department of public service shall enforce compliance with this
70.26 section as provided in section 239.54. The pollution control
70.27 agency shall enforce compliance with this section under sections
70.28 115.071 and 116.072 in coordination with the division of weights
70.29 and measures.
70.30 Sec. 57. Minnesota Statutes 1996, section 325E.112,
70.31 subdivision 2, is amended to read:
70.32 Subd. 2. [REIMBURSEMENT PROGRAM.] A contaminated used
70.33 motor oil reimbursement program is established to provide
70.34 partial reimbursement of the costs of disposing of contaminated
70.35 used motor oil. In order to receive reimbursement, persons who
70.36 accept used motor oil from the public or parties that they have
71.1 contracted with to accept used motor oil must provide to the
71.2 commissioner of the pollution control agency proof of
71.3 contamination, information on methods the person used to prevent
71.4 the contamination of used motor oil at the site, a copy of the
71.5 billing for disposal costs incurred because of the contamination
71.6 and proof of payment, and a copy of the hazardous waste manifest
71.7 or shipping paper used to transport the waste. The commissioner
71.8 shall reimburse a recipient of contaminated used motor oil 90
71.9 100 percent of the costs of properly disposing of the
71.10 contaminated used motor oil. The commissioner may not reimburse
71.11 persons who intentionally place contaminants or do not take
71.12 precautions to prevent contaminants from being placed in used
71.13 motor oil, or operate a private collection site that is not
71.14 publicly promotable or listed with the agency. A person
71.15 operating a collection site must, except under unusual
71.16 circumstances, accept up to five gallons of used motor oil and
71.17 five used motor oil filters per person without charging a fee,
71.18 but may refuse to accept any used motor oil that is from a
71.19 business, or appears to be contaminated with antifreeze,
71.20 hazardous waste, or other materials that may increase the cost
71.21 of used motor oil management and disposal. A person operating a
71.22 collection site must have staff at the site and must control
71.23 access to the public during times when the site is closed.
71.24 Persons operating government collection sites are eligible for
71.25 reimbursement of the costs of disposing of contaminated used
71.26 motor oil. Reimbursements made under this subdivision are
71.27 limited to the money available in the contaminated used motor
71.28 oil reimbursement account.
71.29 Sec. 58. Minnesota Statutes 1996, section 373.01,
71.30 subdivision 1, is amended to read:
71.31 Subdivision 1. [PUBLIC CORPORATION; LISTED POWERS.] Each
71.32 county is a body politic and corporate and may:
71.33 (1) Sue and be sued.
71.34 (2) Acquire and hold real and personal property for the use
71.35 of the county, and lands sold for taxes as provided by law.
71.36 (3) Purchase and hold for the benefit of the county real
72.1 estate sold by virtue of judicial proceedings, to which the
72.2 county is a party.
72.3 (4) Sell, lease, and convey real or personal estate owned
72.4 by the county, and give contracts or options to sell, lease, or
72.5 convey it, and make orders respecting it as deemed conducive to
72.6 the interests of the county's inhabitants.
72.7 No sale, lease, or conveyance of real estate owned by the
72.8 county, except the lease of a residence acquired for the
72.9 furtherance of an approved capital improvement project, nor any
72.10 contract or option for it, shall be valid, without first
72.11 advertising for bids or proposals in the official newspaper of
72.12 the county for three consecutive weeks and once in a newspaper
72.13 of general circulation in the area where the property is
72.14 located. The notice shall state the time and place of
72.15 considering the proposals, contain a legal description of any
72.16 real estate, and a brief description of any personal property.
72.17 Leases that do not exceed $15,000 for any one year may be
72.18 negotiated and are not subject to the competitive bid procedures
72.19 of this section. All proposals estimated to exceed $15,000 in
72.20 any one year shall be considered at the time set for the bid
72.21 opening, and the one most favorable to the county accepted, but
72.22 the county board may, in the interest of the county, reject any
72.23 or all proposals. Sales of personal property the value of which
72.24 is estimated to be $15,000 or more shall be made only after
72.25 advertising for bids or proposals as provided for real estate.
72.26 Sales of personal property the value of which is estimated to be
72.27 less than $15,000 may be made either on competitive bids or in
72.28 the open market, in the discretion of the county board.
72.29 Notwithstanding anything to the contrary herein, the county may,
72.30 when acquiring real property for county highway right-of-way,
72.31 exchange parcels of real property of substantially similar or
72.32 equal value without advertising for bids. The estimated values
72.33 for these parcels shall be determined by the county assessor.
72.34 If real estate or personal property remains unsold after
72.35 advertising for and consideration of bids or proposals the
72.36 county may employ a broker to sell the property. The broker may
73.1 sell the property for not less than 90 percent of its appraised
73.2 market value as determined by the county. The broker's fee
73.3 shall be set by agreement with the county but may not exceed ten
73.4 percent of the sale price and must be paid from the proceeds of
73.5 the sale.
73.6 A county or its agent may rent a county-owned residence
73.7 acquired for the furtherance of an approved capital improvement
73.8 project subject to the conditions set by the county board and
73.9 not subject to the conditions for lease otherwise provided by
73.10 this clause.
73.11 In no case shall lands be disposed of without there being
73.12 reserved to the county all iron ore and other valuable minerals
73.13 in and upon the lands, with right to explore for, mine and
73.14 remove the iron ore and other valuable minerals, nor shall the
73.15 minerals and mineral rights be disposed of, either before or
73.16 after disposition of the surface rights, otherwise than by
73.17 mining lease, in similar general form to that provided by
73.18 section 93.20 for mining leases affecting state lands. The
73.19 lease shall be for a term not exceeding 50 years, and be issued
73.20 on a royalty basis, the royalty to be not less than 25 cents per
73.21 ton of 2,240 pounds, and fix a minimum amount of royalty payable
73.22 during each year, whether mineral is removed or not.
73.23 Prospecting options for mining leases may be granted for periods
73.24 not exceeding one year. The options shall require, among other
73.25 things, periodical showings to the county board of the results
73.26 of exploration work done. Minerals subject to reservation and
73.27 lease by a county under this section do not include minerals
73.28 defined as aggregate material in section 298.75, subdivision 1,
73.29 clause (1).
73.30 (5) Make all contracts and do all other acts in relation to
73.31 the property and concerns of the county necessary to the
73.32 exercise of its corporate powers.
73.33 Sec. 59. Laws 1995, chapter 220, section 19, subdivision
73.34 11, is amended to read:
73.35 Subd. 11. Energy
73.36 (a) INTER-CITY ELECTRIC VEHICLE
74.1 TRANSPORTATION DEMONSTRATION 150,000
74.2 This appropriation is from the oil
74.3 overcharge money to the commissioner of
74.4 administration for an agreement with
74.5 Minnesota Power and Light Company to
74.6 develop and evaluate an electric
74.7 vehicle infrastructure with charging
74.8 stations for use between Duluth and St.
74.9 Paul, including installation of a
74.10 charging station at the state of
74.11 Minnesota central motor pool location.
74.12 This appropriation must be matched by
74.13 at least $30,000 of nonstate money.
74.14 (b) SUSTAINABLE DEVELOPMENT OF WIND
74.15 ENERGY ON FAMILY FARMS 200,000
74.16 This appropriation is from the oil
74.17 overcharge money to the commissioner of
74.18 administration for an agreement with
74.19 the sustainable resources center to
74.20 provide technical assistance and
74.21 technology transfer for the development
74.22 of wind energy harvesting.
74.23 (c) (b) ONE-MEGAWATT HYBRID ELECTRICAL
74.24 GENERATION SIMULATION PROJECT 50,000
74.25 This appropriation is from the oil
74.26 overcharge money to the commissioner of
74.27 administration for an agreement with
74.28 Dan Mar & Associates in cooperation
74.29 with the agriculture utilization
74.30 research institute for a simulation
74.31 project using biofuel electrical
74.32 generation to firm up wind power to
74.33 provide electrical energy on demand.
74.34 (d) (c) AVIAN POPULATION ANALYSIS FOR WIND
74.35 POWER GENERATION REGIONS 75,000
74.36 This appropriation is from the oil
74.37 overcharge money to the commissioner of
74.38 administration for an agreement with
74.39 American Wind Energy Association to
74.40 identify and assess significant avian
74.41 activity areas within identified wind
74.42 farm corridors in Minnesota. This
74.43 appropriation must be matched by at
74.44 least $75,000 of nonstate money. This
74.45 project must be completed and final
74.46 products delivered by December 31,
74.47 1997, and the appropriation is
74.48 available until that date.
74.49 (e) (d) ENERGY IMPROVEMENTS IN PUBLIC
74.50 ICE ARENAS 470,000
74.51 This appropriation is from the oil
74.52 overcharge money to the commissioner of
74.53 administration for an agreement with
74.54 the Center for Energy and Environment
74.55 to assess, install, and evaluate energy
74.56 and indoor air quality improvements in
74.57 at least 25 publicly owned ice arenas
74.58 located throughout Minnesota. Projects
74.59 receiving funding from this
74.60 appropriation must be in compliance
74.61 with the indoor ice facilities prime
74.62 ice time and gender preference
75.1 requirements in Minnesota Statutes,
75.2 section 15.98. This appropriation is
75.3 for up to 50 percent of the cost of
75.4 retrofit activities.
75.5 Sec. 60. Laws 1996, chapter 351, section 2, is amended to
75.6 read:
75.7 Sec. 2. [PLAN RECYCLING GOALS AND ACTIONS.]
75.8 (a) By September 1, 1996, an industry group representing
75.9 retailers and manufacturers in Minnesota that sell motor oil and
75.10 motor oil filters shall submit a list to the commissioner of the
75.11 pollution control agency of all existing current sites that
75.12 collect used motor oil, used motor oil filters, or both, from
75.13 the public, delineating which sites collect for free, that can
75.14 be publicly promoted
75.15 (b) By September 1, 1996, an industry group representing
75.16 retailers and manufacturers that sell motor oil and motor oil
75.17 filters shall submit to the commissioner of the pollution
75.18 control agency a plan for a collection and recycling system for
75.19 used motor oil and used motor oil filters generated by the
75.20 public under which:
75.21 (1) at least 90 percent of state residents outside the
75.22 seven-county metropolitan area would have access to a free
75.23 collection site for used motor oil and used motor oil filters
75.24 within 25 miles of their residences;
75.25 (2) at least 90 percent of state residents within the
75.26 seven-county metropolitan area and state residents of cities
75.27 with populations of greater than 2,000 residents would have
75.28 access to a free collection site for used motor oil and used
75.29 motor oil filters within five miles of their residences; and
75.30 (3) at least one free collection site for used motor oil
75.31 and used motor oil filters generated by the public would be
75.32 located in each county
75.33 (c) The plan required in paragraph (b) must include:
75.34 (1) an explanation of the proposed system for collecting
75.35 and recycling used motor oil and used motor oil filters;
75.36 (2) a clear assignment of responsibility and accountability
75.37 for implementation;
76.1 (3) a strategy for educating the parties responsible for
76.2 implementing the plan;
76.3 (4) a strategy for educating the public on how to recycle
76.4 used motor oil and used motor oil filters;
76.5 (5) a description of government's role, if any; and
76.6 (6) recommendations for legislation, if necessary.
76.7 (d) The plan must be implemented by June 1, 1997, and the
76.8 requirements in paragraph (b), clauses (1) to (3), must be met
76.9 by December 31, 1997. The industry group must also submit a
76.10 list of sites that collect used motor oil and used motor oil
76.11 filters from the public, specifying those sites that collect
76.12 used motor oil and used motor filters for free, to the pollution
76.13 control agency by December 31, 1997. The agency must be
76.14 informed by the industry group when sites begin and cease to
76.15 collect, or charge for the collection of, used motor oil and
76.16 used motor oil filters from the public, in order to allow the
76.17 agency to provide the public with accurate information regarding
76.18 collection sites.
76.19 (e) The industry group and the agency shall monitor the
76.20 effects of the collection system set forth in the plan required
76.21 in paragraph (b) to determine whether the requirements in
76.22 clauses (1) to (3) of that paragraph have been met. By November
76.23 1, 1998, the industry group shall submit information to the
76.24 agency on the amount of used oil and the number of used oil
76.25 filters collected.
76.26 Subdivision 1. (a) The following recycling or reuse goals
76.27 shall be considered met if the actions in this subdivision are
76.28 initiated by the identified parties on or before September 1,
76.29 1997, and are fully completed by December 31, 1998.
76.30 Additionally, the goals in paragraph (b) must be met in at least
76.31 50 percent of counties by December 31, 1997; 75 percent by June
76.32 1, 1998; and 100 percent by December 31, 1998.
76.33 (b) Motor oil and motor oil filter manufacturers and
76.34 retailers shall ensure that:
76.35 (1) at least 90 percent of residents within the
76.36 seven-county metropolitan area and residents of cities and towns
77.1 with populations greater than 1,500 have access to a free
77.2 nongovernment collection site for used motor oil and used motor
77.3 oil filters within five miles of their residences; and
77.4 (2) at least one free nongovernment collection site for
77.5 used motor oil and used motor oil filters generated by the
77.6 public would be located in each county.
77.7 (c) Motor oil and motor oil filter manufacturers and
77.8 retailers shall inform the public about environmental problems
77.9 and proper disposal practices associated with used motor oil and
77.10 used motor oil filters. At a minimum, this shall include public
77.11 service announcements designed to reach residents of the state
77.12 that generate used motor oil and used motor oil filters.
77.13 (d) The commissioner of the pollution control agency shall,
77.14 by December 31, 1997, and at least annually thereafter or more
77.15 frequently if deemed necessary, request motor oil and motor oil
77.16 filter manufacturers and retailers, persons who haul used motor
77.17 oil and used motor oil filters, and nongovernment persons who
77.18 accept used motor oil and used motor oil filters from the public
77.19 to provide an updated list of all existing sites that collect
77.20 used motor oil, used motor oil filters, or both, from the
77.21 public, delineating for public promotion which sites collect for
77.22 free. The commissioner shall use this information to determine
77.23 whether the parties identified in paragraph (b) have met the
77.24 goals listed in that paragraph. A collection site operated by
77.25 the state or political subdivision may be counted towards
77.26 meeting recycling goals provided that the parties responsible
77.27 for meeting the goals of this subdivision voluntarily reimburse
77.28 the state or political subdivision for all of their costs
77.29 associated with used motor oil and used motor oil filter
77.30 recycling. Persons who accept used motor oil and used motor oil
77.31 filters from the public shall cooperate with manufacturers and
77.32 retailers of motor oil and motor oil filters to inform the
77.33 agency within ten days of initiating or ceasing to collect used
77.34 motor oil or used motor oil filters from the public. The
77.35 information shall be provided in a form and manner prescribed by
77.36 the commissioner.
78.1 (e) Motor oil filter manufacturers shall disclose to
78.2 retailers whether lead has been intentionally introduced in
78.3 manufacturing, and retailers shall not knowingly sell motor oil
78.4 filters containing lead intentionally introduced in
78.5 manufacturing.
78.6 Subd. 2. The commissioner of the pollution control agency
78.7 may appoint an advisory group of diverse interests to assist the
78.8 agency with experimentation with various approaches to public
78.9 education, financial incentives, waste management, and other
78.10 issues that might affect the effectiveness of recycling
78.11 efforts. The commissioner may request parties responsible for
78.12 meeting the recycling goals in subdivision 1 to voluntarily pay
78.13 for some of the experimentation costs. The existence of this
78.14 advisory group in no way relieves the parties identified in
78.15 subdivision 1 of responsibility for meeting the goals listed in
78.16 that subdivision. The commissioner of the pollution control
78.17 agency shall appoint an advisory group chair.
78.18 (f) Subd. 3. By January 15, 1999, the commissioner of the
78.19 pollution control agency shall report to the environment and
78.20 natural resources committees of the senate and the house of
78.21 representatives on the amount of used motor oil and used motor
78.22 oil filters being recycled and whether the requirements goals in
78.23 paragraph (b), clauses (1) to (3), subdivision 1 have been met
78.24 and recommend whether the mandate for retailers of motor oil and
78.25 filters described in Minnesota Statutes, section 325E.112,
78.26 subdivision 1, is needed to achieve the recycling goals.
78.27 Sec. 61. Laws 1996, chapter 463, section 7, subdivision
78.28 24, is amended to read:
78.29 Subd. 24. McQuade Public Access 500,000
78.30 For acquisition and development of a
78.31 public access on Lake Superior in the
78.32 city of Duluth, the town of Duluth, and
78.33 the town of Lakewood. This
78.34 appropriation must be matched by a
78.35 total of $350,000 $50,000 from the iron
78.36 range resources and rehabilitation
78.37 board and nonstate sources and is
78.38 contingent on sufficient land owned by
78.39 the cities and the town, the value of
78.40 which may not be applied as part of the
78.41 required match, being made available to
78.42 complete the project. The total value
79.1 of the project must be at least
79.2 $850,000.
79.3 Sec. 62. [SALE OF STATE FOREST LAND.]
79.4 (a) Notwithstanding Minnesota Statutes, section 89.01,
79.5 subdivision 5, the commissioner of natural resources may sell
79.6 school trust and acquired state land in the Richard J. Dorer
79.7 Memorial Hardwood State Forest described in this section in the
79.8 manner for sale of trust fund and acquired lands under Minnesota
79.9 Statutes, chapter 92 or 94.
79.10 (b) The land that may be sold is described as follows:
79.11 (1) Township 110 North, Range 12 West, Section 28, the
79.12 Southeast Quarter of the Southwest Quarter containing 40 acres
79.13 more or less and the Southwest Quarter of the Southeast Quarter
79.14 containing 40 acres more or less, in Wabasha County;
79.15 (2) Township 107 North, Range 8 West, Section 16, the
79.16 Northeast Quarter of the Southeast Quarter containing 40 acres
79.17 more or less, the Southwest Quarter of the Southeast Quarter
79.18 containing 40 acres more or less, in Winona County;
79.19 (3) Township 106 North, Range 5 West, Section 30, the
79.20 Southeast Quarter of the Southeast Quarter containing 40 acres
79.21 more or less, in Winona County;
79.22 (4) Township 106 North, Range 6 West, Section 36, the
79.23 Northeast Quarter of the Southeast Quarter containing 40 acres
79.24 more or less, in Winona County; and
79.25 (5) Township 104 North, Range 6 West, Section 6, the
79.26 Southwest Quarter of the Northwest Quarter containing 38.28
79.27 acres more or less, in Houston County.
79.28 Sec. 63. [SALE OF TRUST FUND LAND IN HUBBARD COUNTY.]
79.29 (a) Notwithstanding Minnesota Statutes, section 92.45, the
79.30 commissioner of natural resources may sell the state trust fund
79.31 land bordering on public waters described in paragraph (c) in
79.32 accordance with the procedures in Minnesota Statutes, chapter 92.
79.33 (b) The conveyance shall be in a form approved by the
79.34 attorney general.
79.35 (c) The land that may be sold is located in Hubbard County
79.36 and is described as: that part of the Southeast Quarter of the
80.1 Southeast Quarter of Section 8, Township 144 North, Range 32
80.2 West, Hubbard County, Minnesota, lying easterly of the Necktie
80.3 River and northerly of the centerline of county state-aid
80.4 highway No. 16, containing up to 5 acres, more or less.
80.5 (d) The sale will result in the elimination of a trespass
80.6 situation with the adjacent landowner who built a house on the
80.7 property in 1989.
80.8 Sec. 64. [SALE OF STATE LAND IN OTTER TAIL COUNTY.]
80.9 (a) Notwithstanding the public sale requirements of
80.10 Minnesota Statutes, sections 94.09 and 94.10, the commissioner
80.11 of natural resources may sell by private sale, for a
80.12 consideration not less than its appraised value, the land
80.13 described in paragraph (c), under the remaining provisions of
80.14 Minnesota Statutes, chapter 94.
80.15 (b) The conveyance shall be in a form approved by the
80.16 attorney general.
80.17 (c) The land that may be sold is located in Otter Tail
80.18 County and is described as: all that part of the Southwest
80.19 Quarter of the Southeast Quarter of Section 22, Township 137,
80.20 Range 42, Otter Tail County, Minnesota described as follows:
80.21 beginning at the South Quarter corner of said Section 22; thence
80.22 on an assumed bearing of North 0 degrees 31 minutes 36 seconds
80.23 East along the west line of said Southwest Quarter of the
80.24 Southeast Quarter, a distance of 442.58 feet; thence South 19
80.25 degrees 29 minutes 47 seconds East a distance of 108.74 feet;
80.26 thence southeasterly on a tangential curve, concave to the
80.27 northeast, having a radius of 498.22 feet and a central angle of
80.28 69 degrees 43 minutes 29 seconds, for an arc distance of 606.30
80.29 feet to the easterly line of a tract of land described in Book
80.30 392 of Deeds, page 509, Office of the Otter Tail County
80.31 Recorder; thence South 10 degrees 03 minutes 49 seconds West
80.32 along said easterly line, a distance of 14.18 feet to the
80.33 southeast corner of said tract of land described in Book 392 of
80.34 Deeds, page 509; thence North 89 degrees 20 minutes 11 seconds
80.35 West along the south line of said Section 22, a distance of
80.36 500.80 feet to the point of beginning, containing 1.44 acres
81.1 more or less, subject to easements and reservations of public
81.2 record, if any. The grantor, for itself, its successors and
81.3 assigns, reserves an easement for use and maintenance of the
81.4 existing ditch over and across the above described parcel, being
81.5 a strip of land 33 feet in width lying 16.5 feet on each side of
81.6 the centerline of the existing ditch running in a southwesterly
81.7 direction from the township road to the west line of said
81.8 Southwest Quarter of the Southeast Quarter.
81.9 (d) The commissioner has determined that the land is no
81.10 longer useful for any natural resource purpose, or any other
81.11 public purpose, and intends to sell this unneeded land to the
81.12 adjoining landowner to resolve an inadvertent trespass.
81.13 Sec. 65. [SALE OF STATE LAND IN CROW WING COUNTY.]
81.14 (a) Notwithstanding Minnesota Statutes, section 92.45, the
81.15 commissioner of natural resources may sell acquired state land
81.16 bordering public waters described in this section in accordance
81.17 with Minnesota Statutes, section 85.015, subdivision 1,
81.18 paragraph (b), and chapter 94.
81.19 (b) The land that may be sold is located in Crow Wing
81.20 County and is described as follows:
81.21 (1) Lot 3, Block 5, Plat of Paul Bunyan Trail, Nisswa
81.22 Addition; and
81.23 (2) Lot 5, Block 5, Plat of Paul Bunyan Trail, Nisswa
81.24 Addition.
81.25 Sec. 66. [SALE OF SURPLUS LAND FOR RECREATIONAL PURPOSES
81.26 IN PINE COUNTY.]
81.27 (a) Notwithstanding Minnesota Statutes, section 92.45, the
81.28 commissioner of natural resources may sell the land described in
81.29 paragraph (b) to the city of Willow River in the manner
81.30 prescribed by Minnesota Statutes, section 84.027, subdivision
81.31 10. The conveyance must provide that the land revert to the
81.32 state of Minnesota should the land cease to be retained and
81.33 developed as Stanton Lake Park for public use.
81.34 (b) The land that may be sold is located in Pine county and
81.35 described as:
81.36 All that part of the following described tract: that part
82.1 of the Northeast Quarter of the Southwest Quarter of Section 2,
82.2 Township 44 North, Range 20 West, of the Fourth Principal
82.3 Meridian, situated in Pine County, described as follows:
82.4 beginning at a point on the east and west one quarter line of
82.5 Section 2 at the intersection with the easterly right-of-way
82.6 line of U.S. Highway No. 61; thence in a southerly direction
82.7 along said easterly right-of-way line of U.S. Highway No. 61 a
82.8 distance of 695 feet; thence in a northeasterly direction at an
82.9 angle of 60 degrees with the U.S. Highway No. 61 right-of-way
82.10 line for a distance of 410 feet to a point on the lake bank;
82.11 thence in a northeasterly direction at an angle of 153 degrees
82.12 35 minutes with the preceding line to the intersection with the
82.13 east and west one quarter line of Section 2, thence in a
82.14 westerly direction along said east and west one quarter line of
82.15 Section 2 to point of beginning, containing 5.81 acres, more or
82.16 less.
82.17 (c) This property was purchased for development of the
82.18 Stanton Lake dam. The state, its agents, and servants shall
82.19 retain ownership of the dam and retain perpetual access to the
82.20 dam via the existing road for the purposes of inspection,
82.21 maintenance, repair, or reconstruction. The state shall not be
82.22 held liable to make any immediate repairs on the dam. Such work
82.23 shall be based on availability of dam maintenance funds. The
82.24 land in this section is not needed for resource management and
82.25 has been declared surplus. It best serves the public interest
82.26 if this property is sold and proceeds used for acquisition of
82.27 other land.
82.28 Sec. 67. [HORSESHOE BAY LEASES.]
82.29 Subdivision 1. [DEFINITIONS.] (a) "Lessee" means a lessee
82.30 of lands leased under Minnesota Statutes, section 92.46, that
82.31 are located in Section 16, Township 62 North, Range 4 East, Cook
82.32 County, of record with the commissioner of natural resources as
82.33 of May 14, 1993.
82.34 (b) "New lease" means a lease issued after the effective
82.35 date of this act under the terms and conditions specified in
82.36 Minnesota Statutes, section 92.46, subdivisions 1, 1a, and 3,
83.1 except that the lease may be for a life term and is not
83.2 assignable or transferable and may not be amended to include
83.3 additional lessees.
83.4 Subd. 2. [OPTIONS FOR LESSEES.] (a) If requested in
83.5 writing by a lessee before January 1, 1998, the commissioner
83.6 shall, at the lessee's option:
83.7 (1) pay to the lessee the appraised value of the lessee's
83.8 improvements on the land and terminate the existing lease as of
83.9 the date of payment for improvements; or
83.10 (2) issue a new lease for the life of the lessee that
83.11 provides that when the lease term expires, the commissioner
83.12 shall pay to the lessee or a beneficiary that must be designated
83.13 in writing by the lessee the appraised value of the lessee's
83.14 improvements on the land. A lessee who elects this option may
83.15 elect to terminate the lease at any time during the term of the
83.16 lease in exchange for payment by the commissioner for the
83.17 appraised value of the lessee's improvements on the land.
83.18 (b) If the commissioner has not received written notice of
83.19 a lessee's election by January 1, 1998, the commissioner may
83.20 proceed under paragraph (a), clause (1).
83.21 (c) After the effective date of this section, no lessee
83.22 under paragraph (a), clause (2), shall construct or remodel,
83.23 other than necessary for maintenance and upkeep, a cabin or
83.24 other structure during the lease.
83.25 (d) The commissioner may use money appropriated from the
83.26 land acquisition account under Minnesota Statutes, section
83.27 94.165, for payments under paragraph (a).
83.28 Sec. 68. [PRIVATE SALE OF STATE LAND IN CLEARWATER
83.29 COUNTY.]
83.30 (a) Notwithstanding Minnesota Statutes, sections 92.45;
83.31 97A.135, subdivision 2a; and 282.01, subdivision 2; and the
83.32 public sale provisions of Minnesota Statutes, chapter 94, the
83.33 commissioner of natural resources may sell the land described in
83.34 paragraph (c) to the adjoining landowner for $1,000.
83.35 (b) The conveyance must be in a form approved by the
83.36 attorney general and must provide that:
84.1 (1) the land may not be sold for commercial use or be
84.2 developed into more than a two-family residence; and
84.3 (2) placement or construction of additional buildings or
84.4 structures on the land, including corrals and animal shelters or
84.5 pens, is prohibited.
84.6 (c) The land that may be sold is located in Clearwater
84.7 county and is described as follows:
84.8 That part of Government Lot 6, Section 18, Township 143
84.9 North, Range 37 West, Clearwater County, Minnesota, described as
84.10 follows:
84.11 Beginning at the northeast corner of Lot 1 Block 1 of
84.12 HIGHLAND VIEW, on file and of record in the office of the County
84.13 Recorder, being a 3/4 x 24 inch rebar with plastic cap stamped
84.14 MN DNR PROPERTY MONUMENT, (DNR MON), from which the north line
84.15 of said Lot 1 bears, assumed bearing, North 88 degrees 57
84.16 minutes 39 seconds West; thence North 80 degrees 50 minutes 33
84.17 seconds West 275.16 feet to a DNR MON; thence North 85 degrees
84.18 25 minutes 17 seconds West 93.89 feet to a DNR MON; thence South
84.19 50 degrees 06 minutes 54 seconds West 68.17 feet to the north
84.20 line of said Lot 1 and a DNR MON; thence South 88 degrees 57
84.21 minutes 39 seconds East along the north line of said Lot 1 a
84.22 distance of 417.62 feet to the point of beginning, containing
84.23 0.23 acres.
84.24 (d) The sale authorized by this section would resolve an
84.25 inadvertent trespass consisting of the encroachment of a private
84.26 dwelling on state land.
84.27 (e) The sale authorized by this section is subject to the
84.28 following additional conditions:
84.29 (1) the costs of construction and maintenance of a boundary
84.30 fence are the sole responsibility of the purchaser; and
84.31 (2) the adjoining landowner shall reimburse the department
84.32 of natural resources for the cost of surveying the land and for
84.33 time spent by department staff relating to this land trespass
84.34 matter.
84.35 Sec. 69. [LOAN FORGIVENESS.]
84.36 The outstanding balance of the loan to the city of Fridley
85.1 for reconstruction of the Locke Lake dam, that was appropriated
85.2 in Laws 1991, chapter 254, article 1, section 5, subdivision 3,
85.3 is canceled and forgiven.
85.4 Sec. 70. [PROTECTION OF OLD GROWTH FOREST AREA.]
85.5 The commissioner of natural resources shall negotiate with
85.6 the city of Duluth, the Duluth Airport Authority, and other
85.7 federal, state, and local parties to identify and delineate the
85.8 land subject to the 1939 conveyance on Minnesota Point and
85.9 develop a management plan that will provide a level of
85.10 protection sufficient to ensure the continued ecological
85.11 integrity of the area and to prohibit further cutting of the old
85.12 growth forest area.
85.13 Sec. 71. [FUTURE COSTS OF WASTEWATER TREATMENT; UPDATE OF
85.14 1995 REPORT.]
85.15 The commissioner of the pollution control agency shall, by
85.16 January 1, 1998, and each even-numbered year thereafter, provide
85.17 the chairs of the house and senate committees with primary
85.18 jurisdiction over the agency's budget with the following
85.19 information:
85.20 (1) an updated list of all wastewater treatment upgrade and
85.21 construction projects the agency has identified to meet existing
85.22 and proposed water quality standards and regulations;
85.23 (2) an estimate of the total costs associated with the
85.24 projects listed in clause (1), and the projects' priority
85.25 ranking under Minnesota Rules, chapter 7077. The costs of
85.26 projects necessary to meet existing standards must be identified
85.27 separately from the costs of projects necessary to meet proposed
85.28 standards;
85.29 (3) the commissioner's best estimate, developed in
85.30 consultation with the commissioner of trade and economic
85.31 development and affected permittees, of the increase in sewer
85.32 service rates to the residents in the municipalities required to
85.33 construct the projects listed in clause (1) resulting from the
85.34 cost of these projects; and
85.35 (4) a list of existing and proposed state water quality
85.36 standards which are more stringent than is necessary to comply
86.1 with federal law, either because the standard has no applicable
86.2 federal water quality criteria, or because the standard is more
86.3 stringent than the applicable federal water quality criteria.
86.4 Sec. 72. [PILOT PROGRAM; CONTROL OF CROP DEPREDATION BY
86.5 DEER AND MIGRATORY WATERFOWL.]
86.6 Subdivision 1. [PROGRAM ESTABLISHED.] (a) The commissioner
86.7 of natural resources shall establish a pilot program to assist
86.8 agricultural producers whose agricultural crops or stored
86.9 livestock feed are damaged or destroyed by wildlife. The
86.10 program must provide grants for the acquisition and/or
86.11 installation of wildlife deterrent devices.
86.12 (b) For purposes of this section, wildlife means deer or
86.13 migratory waterfowl; deterrent devices means fences, materials,
86.14 or practices at least as effective as fences.
86.15 (c) The commissioner, in cooperation with the commissioner
86.16 of agriculture, shall prepare and distribute within each
86.17 agricultural county forms for reporting crop depredation
86.18 incidents and applications for crop depredation grants.
86.19 Subd. 2. [BENEFITS TO PROPERTY OWNERS, TENANTS.] (a) An
86.20 eligible property owner or tenant may receive one or more
86.21 grants, up to a maximum lifetime limit of $3,000, for deterrent
86.22 devices to protect agricultural crops or stored livestock feed
86.23 from damage or destruction by wildlife.
86.24 (b) The property owner or tenant must apply to the
86.25 commissioner on forms provided by the commissioner. The
86.26 application must include reasonable documentation of the need
86.27 for the requested deterrent devices.
86.28 Subd. 3. [ELIGIBILITY FOR PARTICIPATION.] A property owner
86.29 or tenant desiring to participate in the wildlife depredation
86.30 grant program must agree to:
86.31 (1) annually provide one or more planted wildlife food
86.32 plots having a combined area of five acres or more;
86.33 (2) maintain the fencing or deterrent devices as
86.34 appropriate and provide secure storage for the devices during
86.35 seasons or periods when not in use; and
86.36 (3) return the deterrent devices to an agent of the
87.1 commissioner of natural resources or the commissioner of
87.2 agriculture when the need no longer exists to provide protection
87.3 from crop depredation, either from changes in the agricultural
87.4 practices on the property or from mitigation of wildlife
87.5 depredation concerns in the area.
87.6 Subd. 4. [PROGRAM FOR MIGRATORY WATERFOWL.] A property
87.7 owner or tenant is eligible for a grant under the crop
87.8 depredation program for damage caused by migratory waterfowl if:
87.9 (1) the property is located in a migratory waterfowl flyway
87.10 as recognized by the commissioner of natural resources; and
87.11 (2) the depredation occurs during the spring crop growing
87.12 season or during the fall agricultural crop harvest season.
87.13 Subd. 5. [PROGRAM FOR DEER.] A property owner or tenant is
87.14 eligible for a grant under the crop depredation program for
87.15 damage caused by deer if:
87.16 (1) the depredation occurs during winter months;
87.17 (2) the depredation occurs within a winter feeding range
87.18 recognized by the commissioner of natural resources; and
87.19 (3) the commissioner has received five or more filed
87.20 complaints of crop or stored feed damage by deer within the
87.21 township where the property is located.
87.22 Sec. 73. [REPORT BY OFFICE OF ENVIRONMENTAL ASSISTANCE.]
87.23 By January 20, 1998, the office of environmental assistance
87.24 shall report to the senate and house of representatives
87.25 environment and natural resources committees on its
87.26 comprehensive review of the Waste Management Act and make
87.27 recommendations for any changes in the law. The report shall
87.28 address options to improve waste reduction and recycling
87.29 programs and the integrated waste management system, including
87.30 whether additional product labeling should be required for
87.31 products sold in Minnesota which require special disposal
87.32 practices. The report must discuss the extent to which current
87.33 authority under Minnesota Statutes, sections 115A.952 and
87.34 115A.956, can accomplish the objectives of Minnesota Statutes
87.35 1996, section 115A.9523.
87.36 Sec. 74. [JOINT DITCH NO. 1, CHISAGO AND WASHINGTON
88.1 COUNTIES.]
88.2 Notwithstanding Minnesota Statutes, section 103E.811, the
88.3 counties of Chisago and Washington may, after making a
88.4 determination that joint ditch no. 1 is not of public benefit
88.5 and utility, order its abandonment.
88.6 Sec. 75. [WATER QUALITY REVIEW PILOT PROGRAM.]
88.7 (a) If a local unit of government permitted by the
88.8 pollution control agency to discharge wastewater to the surface
88.9 waters of the state petitions the agency prior to July 1, 1999,
88.10 under Minnesota Statutes, section 14.09, to adopt, amend, or
88.11 repeal a rule contained in Minnesota Rules, chapter 7050, the
88.12 agency and the local unit of government shall contract with an
88.13 independent third party to conduct a cost benefit and scientific
88.14 analysis and issue an opinion concerning whether or not the rule
88.15 that is the subject of the petition is appropriate, and shall
88.16 agree on the scope and cost of the analysis. If they are unable
88.17 to agree, the agency and the local unit of government shall
88.18 report this to the chairs of the committees with jurisdiction
88.19 over the environment and the agency's budget in the house of
88.20 representatives and the senate. No more than three third-party
88.21 studies may be required under this section.
88.22 (b) Upon the issuance of the third party's findings and
88.23 opinion, and if the third party recommends a rule change, the
88.24 agency shall within 180 days publish a notice of intent to adopt
88.25 a rule or a notice of hearing in accordance with Minnesota
88.26 Statutes, sections 14.05 to 14.28. The proposed rule shall
88.27 either incorporate any alternative rules recommended by the
88.28 third party or reject, in whole or in part, the opinion and any
88.29 alternative rules recommended by the third party. If the agency
88.30 rejects any portion of the third party's opinion or recommended
88.31 alternative rules, it must proceed directly to a hearing
88.32 pursuant to Minnesota Statutes, sections 14.14 to 14.20. At
88.33 this hearing the findings of fact of the third party shall be
88.34 given weight equal to the findings of fact of the agency.
88.35 (c) Except as described in paragraph (d), the agency may
88.36 not issue an order based on the particular section of the rule
89.1 being petitioned that would require any capital expenditures for
89.2 construction of new or expanded wastewater treatment facilities:
89.3 (1) during the time the independent third party is
89.4 analyzing the rule;
89.5 (2) if the third party recommends a rule change, until the
89.6 conclusion of the rulemaking process described in paragraph (b);
89.7 or
89.8 (3) if the agency or local unit of government report they
89.9 are unable to agree on the scope and cost of the analysis
89.10 described in paragraph (a), until 90 days after the beginning of
89.11 the next annual legislative session.
89.12 (d) Paragraph (c) does not apply if the agency finds that
89.13 the capital expenditure is necessary to comply with any federal
89.14 law, rule, regulation, or guideline, or if the commissioner of
89.15 the agency certifies to the legislature that the expenditure is
89.16 necessary to address an immediate threat to public health. The
89.17 presence of chemicals at a level believed to be carcinogenic,
89.18 cause birth defects, or mimic natural endocrines is considered
89.19 to be an immediate threat to public health.
89.20 (e) A local unit of government bringing a petition must pay
89.21 the full cost incurred by the independent third party to analyze
89.22 and issue its factual findings and recommendations. The cost of
89.23 the third party's analysis must be agreed to by the local unit
89.24 of government and third party before costs are incurred.
89.25 (f) This section does not apply if a local unit of
89.26 government petitions under Minnesota Statutes, section 14.09,
89.27 without requesting a third-party analysis.
89.28 Sec. 75. [YEAR 2000 READY.]
89.29 Any computer software or hardware that is purchased with
89.30 money appropriated in this bill must be year 2000 ready.
89.31 Sec. 76. [REPEALER.]
89.32 Minnesota Statutes 1996, sections 1.31; 1.32; 1.33; 1.34;
89.33 1.35; 1.36; 1.37; 1.38; 1.39; and 1.40, are repealed effective
89.34 June 30, 1998. Minnesota Statutes 1996, sections 84B.11; and
89.35 115A.9523; and Laws 1995, chapter 220, section 21, are repealed.
89.36 Laws 1995, chapter 77, section 3, is repealed effective the
90.1 day after final enactment.
90.2 Minnesota Rules, part 7009.0060, is repealed.
90.3 Sec. 77. [EFFECTIVE DATES.]
90.4 Section 41 is effective January 1, 1998.
90.5 Section 48, subdivision 3, is effective April 1, 1998.
90.6 Sections 32, 53 to 58, 60, and 62 to 68 are effective the day
90.7 following final enactment.