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; providing 
  1.5             for regulation of certain activities and practices; 
  1.6             providing for accounts, assessments, and fees; 
  1.7             amending Minnesota Statutes 1996, sections 17.03, by 
  1.8             adding a subdivision; 17.101; 17.116, subdivisions 2 
  1.9             and 3; 17.4988; 17.76; 18.79, by adding a subdivision; 
  1.10            18C.421, subdivision 1; 18C.425, subdivisions 1, 2, 3, 
  1.11            and 6; 18C.531, subdivision 2; 18C.551; 25.31; 25.32; 
  1.12            25.33, subdivisions 1, 5, 6, 9, 20, and by adding 
  1.13            subdivisions; 25.35; 25.36; 25.37; 25.38; 25.39; 
  1.14            25.41, subdivision 6; 28A.08, subdivision 3; 32.103; 
  1.15            32.394, subdivision 11; 32.415; 41A.09, subdivision 
  1.16            3a; 84.027, by adding a subdivision; 84.0273; 84.0887, 
  1.17            subdivision 2; 84.82, subdivision 3; 84.86, 
  1.18            subdivision 1; 85.015, by adding subdivisions; 85.055, 
  1.19            by adding a subdivision; 85A.04, subdivision 4; 
  1.20            86A.23; 88.79, by adding a subdivision; 92.06, 
  1.21            subdivisions 1 and 4; 92.16, subdivision 1; 94.10, 
  1.22            subdivision 2; 97A.015, by adding a subdivision; 
  1.23            97A.028, subdivisions 1 and 3; 97A.075, subdivision 1; 
  1.24            97A.405, subdivision 2; 97A.415, subdivision 2; 
  1.25            97A.475; 97B.667; 97B.715, subdivision 1; 97B.721; 
  1.26            97B.801; 97C.305, subdivision 1; 97C.501, subdivision 
  1.27            2; 97C.801; 103C.501, subdivision 6; 103F.378, 
  1.28            subdivision 1; 115.03, by adding a subdivision; 
  1.29            115A.54, subdivision 2a; 115A.912, by adding a 
  1.30            subdivision; 115A.916; 115A.932, subdivision 1; 
  1.31            115B.02, subdivision 16, and by adding a subdivision; 
  1.32            115B.17, subdivisions 14, 15, and by adding 
  1.33            subdivisions; 115B.175, subdivisions 2 and 6a; 
  1.34            115B.412, subdivision 10; 115B.48, subdivisions 3 and 
  1.35            8; 115B.49, subdivision 4; 116.07, subdivision 4d, and 
  1.36            by adding a subdivision; 116.92, by adding a 
  1.37            subdivision; 116C.834, subdivision 2; 116O.09, 
  1.38            subdivisions 2, 5, and 9; 216B.2423, by adding a 
  1.39            subdivision; 216C.41, subdivision 1; 223.17, 
  1.40            subdivision 3; 300.11, by adding a subdivision; 
  1.41            308A.101, by adding a subdivision; 308A.201, by adding 
  1.42            a subdivision; 325E.10, subdivision 2, and by adding 
  1.43            subdivisions; 325E.11; 325E.112, subdivision 2; 
  1.44            394.25, subdivision 2, and by adding a subdivision; 
  1.45            and 462.357, subdivision 1; Laws 1995, chapter 220, 
  1.46            section 19, subdivisions 4, as amended; and 11; 
  2.1             proposing coding for new law in Minnesota Statutes, 
  2.2             chapters 17; 25; 84; 92; 94; 115; 116; 219; and 394; 
  2.3             repealing Minnesota Statutes 1996, sections 25.34; 
  2.4             115A.908, subdivision 3; 115A.9523; 115B.223; 
  2.5             115B.224; 116.991; 116.992; and 296.02, subdivision 
  2.6             7a; Laws 1995, chapters 77, section 3; and 220, 
  2.7             section 21. 
  2.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.9   Section 1.  [ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.] 
  2.10     The sums shown in the columns marked "APPROPRIATIONS" are 
  2.11  appropriated from the general fund, or another named fund, to 
  2.12  the agencies and for the purposes specified in this act, to be 
  2.13  available for the fiscal years indicated for each purpose.  The 
  2.14  figures "1997," "1998," and "1999," where used in this act, mean 
  2.15  that the appropriation or appropriations listed under them are 
  2.16  available for the year ending June 30, 1997, June 30, 1998, or 
  2.17  June 30, 1999, respectively.  
  2.18                          SUMMARY BY FUND
  2.19               1997        1998           1999          TOTAL
  2.20  General   $500,000    $193,603,000   $175,725,000  $369,828,000
  2.21  Petroleum Tank           3,177,000      3,227,000     6,404,000
  2.22  State Government
  2.23  Special Revenue             42,000         43,000        85,000
  2.24  Special Revenue         11,204,000     11,209,000    22,413,000
  2.25  Environmental           20,569,000     21,292,000    41,861,000
  2.26  Metro Landfill 
  2.27  Contingency Trust          137,000        140,000       277,000
  2.28  Solid Waste              6,224,000      6,283,000    12,507,000
  2.29  Natural
  2.30  Resources   600,000     22,989,000     23,435,000    47,024,000
  2.31  Game and Fish           53,986,000     56,354,000   110,340,000
  2.32  Minnesota      
  2.33  Future Resources        14,668,000        -0-        14,668,000
  2.34  Environmental Trust     22,270,000        -0-        22,270,000
  2.35  Great Lakes  
  2.36  Protection                 120,000        -0-           120,000 
  2.37  Oil Overcharge             150,000        -0-           150,000
  2.38  TOTAL    1,100,000     349,139,000    297,708,000   647,947,000
  2.39                                             APPROPRIATIONS 
  2.40                                         Available for the Year 
  2.41                                             Ending June 30 
  2.42                                            1998         1999 
  2.43  Sec. 2.  POLLUTION CONTROL    
  3.1   AGENCY  
  3.2   Subdivision 1.  Total           
  3.3   Appropriation                         44,351,000    42,347,000
  3.4                 Summary by Fund
  3.5   General              15,117,000    12,294,000
  3.6   Petroleum Tank        3,177,000     3,227,000
  3.7   State Government   
  3.8   Special Revenue          42,000        43,000
  3.9   Special Revenue         740,000       755,000
  3.10  Environmental        19,014,000    19,705,000
  3.11  Metro Landfill
  3.12  Contingency             137,000       140,000
  3.13  Solid Waste           6,124,000     6,183,000
  3.14  The amounts that may be spent from this 
  3.15  appropriation for each program are 
  3.16  specified in the following subdivisions.
  3.17  Subd. 2.  Protection of the Water 
  3.18      14,119,000     11,308,000
  3.19                Summary by Fund
  3.20  General              11,581,000     8,709,000
  3.21  State Government
  3.22  Special Revenue          42,000        43,000
  3.23  Environmental         2,496,000     2,556,000
  3.24  $1,946,000 the first year is for grants 
  3.25  to local units of government for the 
  3.26  clean water partnership program.  Any 
  3.27  unencumbered balance remaining in the 
  3.28  first year does not cancel and is 
  3.29  available for the second year of the 
  3.30  biennium. 
  3.31  $515,000 the first year and $519,000 
  3.32  the second year are for the Minnesota 
  3.33  River nonpoint source pollution program 
  3.34  and must be matched by federal dollars. 
  3.35  Of this amount, $855,000 in each fiscal 
  3.36  year is for grants for county 
  3.37  administration of the feedlot permit 
  3.38  program.  This amount is transferred to 
  3.39  the board of water and soil resources 
  3.40  for disbursement in accordance with 
  3.41  Minnesota Statutes, section 103B.3369, 
  3.42  in cooperation with the pollution 
  3.43  control agency.  Grants must be matched 
  3.44  with a combination of local cash and/or 
  3.45  in-kind contributions.  Counties 
  3.46  receiving these grants shall submit an 
  3.47  annual report to the pollution control 
  3.48  agency regarding activities conducted 
  3.49  under the grant, expenditures made, and 
  3.50  local match contributions.  First 
  3.51  priority for funding shall be given to 
  3.52  counties that have requested and 
  4.1   received delegation from the pollution 
  4.2   control agency for processing of animal 
  4.3   feedlot permit applications under 
  4.4   Minnesota Statutes, section 116.07, 
  4.5   subdivision 7.  Delegated counties 
  4.6   shall be eligible to receive a grant of 
  4.7   either:  $30 multiplied by the number 
  4.8   of livestock or poultry farms with 
  4.9   sales greater than $10,000, as reported 
  4.10  in the 1992 Census of Agriculture, 
  4.11  published by the United States Bureau 
  4.12  of Census; or $35 multiplied by the 
  4.13  number of feedlots with greater than 
  4.14  ten animal units as determined by a 
  4.15  level 2 or level 3 feedlot inventory 
  4.16  conducted in accordance with the 
  4.17  Feedlot Inventory Guidebook published 
  4.18  by the board of water and soil 
  4.19  resources, dated June 1991.  To receive 
  4.20  the additional funding that is based on 
  4.21  the county feedlot inventory, the 
  4.22  county shall submit a copy of the 
  4.23  inventory to the pollution control 
  4.24  agency.  Any remaining money is for 
  4.25  distribution to all counties on a 
  4.26  competitive basis through the challenge 
  4.27  grant process for the conducting of 
  4.28  feedlot inventories, development of 
  4.29  delegated county feedlot programs, and 
  4.30  for information and education or 
  4.31  technical assistance efforts to reduce 
  4.32  feedlot-related pollution hazards.  Any 
  4.33  money remaining after the first year is 
  4.34  available for the second year. 
  4.35  $163,000 the first year and $92,000 the 
  4.36  second year are for compliance 
  4.37  activities and air quality monitoring 
  4.38  to address hydrogen sulfide emissions 
  4.39  from animal feedlots.  The air quality 
  4.40  monitoring must include the use of 
  4.41  portable survey instruments. 
  4.42  $200,000 is for a grant to the Red 
  4.43  river basin board to develop a Red 
  4.44  river basin plan that will aid in 
  4.45  coordinating water management 
  4.46  activities in the states and provinces 
  4.47  bordering the Red river.  This 
  4.48  appropriation is only available to the 
  4.49  extent it is matched by an equal amount 
  4.50  from the state of North Dakota.  This 
  4.51  appropriation is available until June 
  4.52  30, 1999.  This is a one-time 
  4.53  appropriation. 
  4.54  $1,027,000 the first year and 
  4.55  $1,038,000 the second year are for 
  4.56  water monitoring activities.  Of these 
  4.57  amounts, $250,000 the first year and 
  4.58  $300,000 the second year are for 
  4.59  payment of a grant to the metropolitan 
  4.60  council for monitoring sites on the 
  4.61  Minnesota river and tributaries, 
  4.62  automated monitoring sites in 
  4.63  metropolitan area watersheds, and 
  4.64  groundwater trend analysis assessment 
  4.65  of best management practices for 
  4.66  control of nonpoint source pollution. 
  4.67  $300,000 the first year is for an 
  5.1   appropriation to the pollution control 
  5.2   agency for a grant to the University of 
  5.3   Minnesota for the development of two 
  5.4   pilot water quality cooperatives that 
  5.5   own or control alternative discharging 
  5.6   sewage systems, as defined in Minnesota 
  5.7   Statutes, section 115.58, subdivision 
  5.8   1, paragraph (b).  The grant may be 
  5.9   used by the university for public 
  5.10  education of the purposes and benefits 
  5.11  of water quality treatment and 
  5.12  management by water quality 
  5.13  cooperatives and other purposes defined 
  5.14  as eligible costs under Minnesota 
  5.15  Statutes, section 116.16, subdivision 
  5.16  2, clause (6), and capital cost 
  5.17  components under Minnesota Statutes, 
  5.18  section 471A.02, subdivision 3.  As a 
  5.19  condition of this grant, the university 
  5.20  must submit a work program and submit 
  5.21  semiannual progress reports as provided 
  5.22  in Minnesota Statutes, section 116P.05, 
  5.23  subdivision 2, paragraph (c). 
  5.24  $100,000 the first year is for a grant 
  5.25  to the University of Minnesota 
  5.26  Extension Service for public education 
  5.27  programs in Nicollet county which 
  5.28  promote improved farm management 
  5.29  practices on feedlot management and 
  5.30  watershed protection. 
  5.31  $861,000 the first year and $648,000 
  5.32  the second year are added to the amount 
  5.33  available to administer the point 
  5.34  source pollution program.  The portion 
  5.35  of this appropriation to be included in 
  5.36  the agency's base for fiscal year 2000 
  5.37  is $490,000 and for fiscal year 2001 is 
  5.38  $348,000. 
  5.39  $236,000 the first year and $318,000 
  5.40  the second year are for community 
  5.41  technical assistance and education, 
  5.42  including grants and technical 
  5.43  assistance to communities for local and 
  5.44  basin-wide water quality protection. 
  5.45  $144,000 the first year and $200,000 
  5.46  the second year are for individual 
  5.47  sewage treatment system (ISTS) 
  5.48  administration.  $86,000 in the second 
  5.49  year is transferred to the board of 
  5.50  water and soil resources for assistance 
  5.51  to local units of government through 
  5.52  competitive grant programs for ISTS 
  5.53  program development. 
  5.54  $214,000 is for administration of the 
  5.55  wastewater infrastructure fund (WIF) 
  5.56  construction program. 
  5.57  Notwithstanding Laws 1994, chapter 617, 
  5.58  section 3, paragraph (b), the amount 
  5.59  spent of the $120,000 appropriation 
  5.60  from the environmental fund for the 
  5.61  ISTS program during the biennium ending 
  5.62  June 30, 1995, must be reimbursed to 
  5.63  the environmental fund no later than 
  5.64  June 30, 1999. 
  6.1   $140,000 the first year and $60,000 the 
  6.2   second year are for the investigation 
  6.3   of deformed frogs in Minnesota, and may 
  6.4   be used for cooperative arrangements 
  6.5   with federal agencies.  This is a 
  6.6   one-time appropriation. 
  6.7   Subd. 3.  Protection of the Air 
  6.8        7,724,000      8,260,000
  6.9                 Summary by Fund
  6.10  Environmental         6,984,000     7,505,000
  6.11  Special Revenue         740,000       755,000
  6.12  Up to $150,000 in the first year and 
  6.13  $150,000 in the second year may be 
  6.14  transferred to the small business 
  6.15  environmental improvement loan account 
  6.16  established in Minnesota Statutes, 
  6.17  section 116.994. 
  6.18  $200,000 each year from the 
  6.19  environmental fund is for a monitoring 
  6.20  program under Minnesota Statutes, 
  6.21  section 116.454. 
  6.22  Upon enactment of the air quality fee 
  6.23  increase contained in Minnesota 
  6.24  Statutes, section 116.07, subdivision 
  6.25  4d, as amended by this act, the 
  6.26  commissioner shall appoint an advisory 
  6.27  task force to examine the air quality 
  6.28  program.  The task force must include 
  6.29  representatives of permittees regulated 
  6.30  by the agency, environmental interest 
  6.31  groups, and labor organizations.  By 
  6.32  January 15, 1999, the committee shall 
  6.33  report to the chairs of the senate 
  6.34  state government finance committee, the 
  6.35  house ways and means committee, the 
  6.36  house and senate environmental policy 
  6.37  committees, the house environment and 
  6.38  natural resources finance committee, 
  6.39  and the senate environment and 
  6.40  agriculture budget division.  After 
  6.41  making the report, the task force shall 
  6.42  be dissolved. 
  6.43  The report shall include a benchmarking 
  6.44  comparison with other states of the 
  6.45  following air quality service level 
  6.46  criteria:  (1) the length of time and 
  6.47  staff effort required to issue permits; 
  6.48  (2) the backlog of permit applications; 
  6.49  (3) the number of facility inspections 
  6.50  per inspector; and (4) the nature and 
  6.51  effectiveness of training and 
  6.52  monitoring programs. In addition, the 
  6.53  report shall include:  (1) a 
  6.54  recommendation for a reporting 
  6.55  mechanism which provides tracking of 
  6.56  staff time and resources devoted to 
  6.57  point source, mobile source, and area 
  6.58  source general program activities; (2) 
  6.59  an analysis of inequities in the 
  6.60  current air emissions fee system; and 
  6.61  (3) recommendations regarding mobile 
  6.62  source, area source, and point source 
  7.1   contributions and general air program 
  7.2   activity. 
  7.3   Subd. 4.  Protection of the 
  7.4   Land 
  7.5       15,617,000     15,839,000
  7.6                 Summary by Fund
  7.7   General               1,679,000     1,699,000
  7.8   Petroleum Tank        2,744,000     2,785,000
  7.9   Environmental         6,101,000     6,142,000
  7.10  Metro Landfill 
  7.11  Contingency             129,000       132,000
  7.12  Solid Waste           4,964,000     5,081,000
  7.13  All money in the environmental 
  7.14  response, compensation, and compliance 
  7.15  account in the environmental fund not 
  7.16  otherwise appropriated is appropriated 
  7.17  to the commissioners of the pollution 
  7.18  control agency and the department of 
  7.19  agriculture for purposes of Minnesota 
  7.20  Statutes, section 115B.20, subdivision 
  7.21  2, clauses (1), (2), (3), (4), (11), 
  7.22  (12), and (13).  At the beginning of 
  7.23  each fiscal year, the two commissioners 
  7.24  shall jointly submit an annual spending 
  7.25  plan to the commissioner of finance 
  7.26  that maximizes the utilization of 
  7.27  resources and appropriately allocates 
  7.28  the money between the two agencies.  
  7.29  This appropriation is available until 
  7.30  June 30, 1999. 
  7.31  Any unencumbered balance from the 
  7.32  metropolitan landfill contingency 
  7.33  action trust fund remaining in the 
  7.34  first year does not cancel but is 
  7.35  available for the second year. 
  7.36  $51,000 the first year and $52,000 the 
  7.37  second year are from the solid waste 
  7.38  fund for transfer to the commissioner 
  7.39  of revenue to enhance compliance and 
  7.40  collection of solid waste assessments. 
  7.41  The agency's annual performance reports 
  7.42  required for this biennium under 
  7.43  Minnesota Statutes, section 15.91, must 
  7.44  specify the amount of lead, mercury, 
  7.45  and cadmium contained in sewage 
  7.46  biosolids spread on the land after 
  7.47  wastewater treatment. 
  7.48  Subd. 5.  General Support 
  7.49       6,891,000      6,940,000
  7.50                Summary by Fund
  7.51  General               1,857,000     1,886,000
  7.52  Petroleum Tank          433,000       442,000
  7.53  Environmental         3,433,000     3,502,000
  8.1   Metro Landfill
  8.2   Contingency               8,000         8,000
  8.3   Solid Waste           1,160,000     1,102,000
  8.4   $234,000 the first year and $168,000 
  8.5   the second year are added to the amount 
  8.6   available for indirect costs of the 
  8.7   water quality point source pollution 
  8.8   program.  The portion of this 
  8.9   appropriation to be included in the 
  8.10  agency's base for fiscal year 2000 is 
  8.11  $130,000 and for fiscal year 2001 is 
  8.12  $92,000. 
  8.13  $85,000 is from the solid waste fund 
  8.14  for a grant to Benton county to pay the 
  8.15  principal amount due in fiscal year 
  8.16  1998 on bonds issued by the county to 
  8.17  pay part of a final order or settlement 
  8.18  of a lawsuit for environmental response 
  8.19  costs at a mixed municipal solid waste 
  8.20  facility. 
  8.21  Sec. 3.  OFFICE OF ENVIRONMENTAL 
  8.22  ASSISTANCE                            20,497,000     20,595,000
  8.23                Summary by Fund
  8.24  General              19,211,000    19,277,000
  8.25  Environmental         1,286,000     1,318,000
  8.26  $14,008,000 the first year and 
  8.27  $14,008,000 the second year are for the 
  8.28  SCORE block grants to counties. 
  8.29  Any unencumbered grant and loan 
  8.30  balances in the first year do not 
  8.31  cancel but are available for grants and 
  8.32  loans in the second year. 
  8.33  All money in the metropolitan landfill 
  8.34  abatement account in the environmental 
  8.35  fund not otherwise appropriated is 
  8.36  appropriated to the office of 
  8.37  environmental assistance for the 
  8.38  purposes of Minnesota Statutes, section 
  8.39  473.844. 
  8.40  Sec. 4.  ZOOLOGICAL BOARD 
  8.41  Subdivision 1.  Total
  8.42  Appropriation                          5,535,000      5,368,000
  8.43  The amounts that may be spent from this 
  8.44  appropriation are specified in the 
  8.45  following subdivisions. 
  8.46  Subd. 2.  Biological Programs
  8.47         666,000        676,000 
  8.48  Subd. 3.  Operations
  8.49       4,869,000      4,692,000 
  8.50  $240,000 in the first year is for 
  8.51  computer systems.  
  8.52  Sec. 5.  NATURAL RESOURCES 
  9.1   Subdivision 1.  Total 
  9.2   Appropriation                        188,063,000    180,580,000
  9.3                 Summary by Fund
  9.4   General             111,019,000   100,723,000
  9.5   Natural Resources    22,958,000    23,403,000
  9.6   Game and Fish        53,986,000    56,354,000
  9.7   Solid Waste             100,000       100,000
  9.8   The amounts that may be spent from this 
  9.9   appropriation for each program are 
  9.10  specified in the following subdivisions.
  9.11  Subd. 2.  Mineral Resources Management
  9.12       5,299,000      4,883,000
  9.13  $311,000 the first year and $311,000 
  9.14  the second year are for iron ore 
  9.15  cooperative research, of which $225,000 
  9.16  the first year and $225,000 the second 
  9.17  year are available only as matched by 
  9.18  $1 of nonstate money for each $1 of 
  9.19  state money.  Any unencumbered balance 
  9.20  remaining in the first year does not 
  9.21  cancel but is available for the second 
  9.22  year. 
  9.23  $376,000 the first year and $377,000 
  9.24  the second year are for mineral 
  9.25  diversification.  Any unencumbered 
  9.26  balance remaining in the first year 
  9.27  does not cancel but is available for 
  9.28  the second year.  
  9.29  $46,000 the first year and $47,000 the 
  9.30  second year are for minerals 
  9.31  cooperative environmental research, of 
  9.32  which $30,000 the first year and 
  9.33  $30,000 the second year are available 
  9.34  only as matched by $1 of nonstate money 
  9.35  for each $1 of state money.  Any 
  9.36  unencumbered balance remaining in the 
  9.37  first year does not cancel but is 
  9.38  available for the second year. 
  9.39  $500,000 the first year is for a grant 
  9.40  to develop a direct reduction iron 
  9.41  processing facility in Minnesota.  This 
  9.42  appropriation is available until July 
  9.43  1, 1999. 
  9.44  Subd. 3.  Water Resources Management 
  9.45      11,002,000      9,560,000
  9.46                Summary by Fund
  9.47  General              10,751,000     9,304,000
  9.48  Natural Resources       251,000       256,000
  9.49  $95,000 the first year and $95,000 the 
  9.50  second year are for a grant to the 
  9.51  Mississippi headwaters board for up to 
  9.52  50 percent of the cost of implementing 
  9.53  the comprehensive plan for the upper 
 10.1   Mississippi within areas under its 
 10.2   jurisdiction.  
 10.3   $17,000 the first year and $17,000 the 
 10.4   second year are for payment to the 
 10.5   Leech Lake Band of Chippewa Indians to 
 10.6   implement its portion of the 
 10.7   comprehensive plan for the upper 
 10.8   Mississippi.  
 10.9   $400,000 the first year and $500,000 
 10.10  the second year are for water 
 10.11  monitoring activities, including 
 10.12  gauging of priority lakes and 
 10.13  watersheds, dissemination of 
 10.14  information, replacement of equipment, 
 10.15  and installation of observation wells, 
 10.16  groundwater sensitivity maps, and 
 10.17  documentation. 
 10.18  $70,000 the first year is for a grant 
 10.19  to the city of Granite Falls, not to 
 10.20  exceed 50 percent of the nonfederal 
 10.21  share of costs for restoration of the 
 10.22  banks of the Minnesota river within the 
 10.23  city limits. 
 10.24  $400,000 the first year is for a grant 
 10.25  to the St. Paul Foundation for 
 10.26  restoring native vegetation along the 
 10.27  Mississippi river through the Greening 
 10.28  the Great River Park Project.  Money is 
 10.29  available for the grant to the extent 
 10.30  matched by an expenditure of money from 
 10.31  nonstate sources for the project until 
 10.32  June 30, 1999. 
 10.33  $25,000 the first year and $25,000 the 
 10.34  second year are for a grant to the 
 10.35  joint powers board established under 
 10.36  Minnesota Statutes, section 471.59, for 
 10.37  the Lewis and Clark rural water 
 10.38  system.  The joint powers board must 
 10.39  prepare an annual work plan that 
 10.40  identifies actions to be taken to 
 10.41  advance the Lewis and Clark project as 
 10.42  a continuing source of water to meet 
 10.43  water supply needs in the southwest 
 10.44  part of the state.  The work plan must 
 10.45  include a report on the ongoing efforts 
 10.46  of member cities and rural water 
 10.47  systems to conserve water and protect 
 10.48  existing groundwater supplies.  The 
 10.49  work plan is subject to review and 
 10.50  approval by the commissioner.  This 
 10.51  appropriation is available to the 
 10.52  extent matched by an equal amount of 
 10.53  nonstate money. 
 10.54  Notwithstanding Minnesota Statutes, 
 10.55  section 103G.271, subdivision 6, 
 10.56  paragraph (g), all water appropriation 
 10.57  fees collected from July 1, 1997, to 
 10.58  July 1, 1999, shall be deposited in the 
 10.59  general fund. 
 10.60  $100,000 is for a mediation process 
 10.61  regarding flood damage reduction issues 
 10.62  in the Red river basin.  The 
 10.63  commissioner, the Red River Watershed 
 10.64  Management Board, and additional 
 11.1   parties selected in an equal number by 
 11.2   the commissioner and by the board are 
 11.3   the parties to the mediation.  All 
 11.4   parties to the mediation must consent 
 11.5   to the expenditure of any funds by the 
 11.6   commissioner for the mediation process. 
 11.7   This is a one-time appropriation. 
 11.8   $190,000 is for a grant to the city of 
 11.9   East Grand Forks for a river bank 
 11.10  stabilization project on the Red River 
 11.11  of the North and the Red Lake river.  
 11.12  The appropriation is available until 
 11.13  June 30, 1999, to the extent matched by 
 11.14  an equal amount of nonstate money. 
 11.15  $376,000 is for a grant to the city of 
 11.16  Marshall for its flood control 
 11.17  project.  $70,000 is for the Lake 
 11.18  Charlotte project in Wright county.  
 11.19  Prior to these funds being made 
 11.20  available, the commissioner must ensure 
 11.21  that the project sponsor has held a 
 11.22  public hearing in each affected 
 11.23  watershed after the date of enactment 
 11.24  of this section. 
 11.25  $500,000 the first year is for a grant 
 11.26  to the city of Thief River Falls for 
 11.27  dredging projects within the city on 
 11.28  the Red Lake river and the Thief 
 11.29  river.  The appropriation is available 
 11.30  until June 30, 1999, to the extent 
 11.31  matched by an equal amount of nonstate 
 11.32  money. 
 11.33  Subd. 4.  Forest Management 
 11.34      34,786,000     33,750,000
 11.35                Summary by Fund
 11.36  General              34,343,000    33,298,000
 11.37  Natural Resources       443,000       452,000
 11.38  $3,500,000 the first year and 
 11.39  $3,500,000 the second year are for 
 11.40  presuppression and suppression costs of 
 11.41  emergency fire fighting.  If the 
 11.42  appropriation for either year is 
 11.43  insufficient to cover all costs of 
 11.44  suppression, the amount necessary to 
 11.45  pay for emergency firefighting expenses 
 11.46  during the biennium is appropriated 
 11.47  from the general fund.  If money is 
 11.48  spent under the appropriation in the 
 11.49  preceding sentence, the commissioner of 
 11.50  natural resources shall, by 15 days 
 11.51  after the end of the following quarter, 
 11.52  report on how the money was spent to 
 11.53  the chairs of the house of 
 11.54  representatives ways and means 
 11.55  committee, the environment and 
 11.56  agriculture budget division of the 
 11.57  senate environment and natural 
 11.58  resources committee, and the house of 
 11.59  representatives environment and natural 
 11.60  resources finance committee.  The 
 11.61  appropriations may not be transferred.  
 12.1   $600,000 the first year and $600,000 
 12.2   the second year are for programs and 
 12.3   practices on state, county, and private 
 12.4   lands to regenerate and protect 
 12.5   Minnesota's white pine.  Up to $280,000 
 12.6   of the appropriation in each year may 
 12.7   be used by the commissioner to provide 
 12.8   50 percent matching funds to implement 
 12.9   cultural practices for white pine 
 12.10  management on nonindustrial, private 
 12.11  forest lands at rates specified in the 
 12.12  Minnesota stewardship incentives 
 12.13  program manual.  Up to $150,000 of the 
 12.14  appropriation in each year may be used 
 12.15  by the commissioner to provide funds to 
 12.16  implement cultural practices for white 
 12.17  pine management on county-administered 
 12.18  lands through grant agreements with 
 12.19  individual counties, with priorities 
 12.20  for areas that experienced wind damage 
 12.21  in July 1995.  $40,000 each year is for 
 12.22  a study of the natural regeneration 
 12.23  process of white pine.  The remainder 
 12.24  of the funds in each fiscal year will 
 12.25  be available to the commissioner for 
 12.26  white pine regeneration and protection 
 12.27  on department-administered lands. 
 12.28  $150,000 the first year and $150,000 
 12.29  the second year is appropriated to the 
 12.30  commissioner for a grant to the 
 12.31  University of Minnesota's College of 
 12.32  Natural Resources for research to 
 12.33  reduce the impact of blister rust on 
 12.34  Minnesota's white pine. 
 12.35  $300,000 is for grants to the counties 
 12.36  of Becker, Clearwater, and Hubbard for 
 12.37  reforestation, timber stand 
 12.38  improvements, aerial photography, and 
 12.39  new forest inventories in areas damaged 
 12.40  by windstorms in July 1995.  The 
 12.41  appropriation is available until June 
 12.42  30, 1999.  Of this amount, $33,000 is 
 12.43  for Becker county, $87,000 for Hubbard 
 12.44  county, and $180,000 for Clearwater 
 12.45  county. 
 12.46  $750,000 the first year is for the 
 12.47  corps to career community service 
 12.48  program established in Minnesota 
 12.49  Statutes, section 84.0887, subdivision 
 12.50  2.  This appropriation is subject to 
 12.51  the receipt of education awards from 
 12.52  the national service trust for the 
 12.53  participants.  This appropriation may 
 12.54  be used for administering the program 
 12.55  and for providing a monthly stipend for 
 12.56  a living allowance as provided in 
 12.57  Minnesota Statutes, section 121.707, 
 12.58  subdivision 5.  Eligible participants 
 12.59  in the program may provide only 
 12.60  services authorized in Minnesota 
 12.61  Statutes, section 84.0887, subdivision 
 12.62  1, clauses (1) to (12).  To the extent 
 12.63  that service opportunities are not 
 12.64  suitable under subdivision 1, 
 12.65  participants may provide services under 
 12.66  subdivision 2.  Up to seven percent of 
 12.67  this appropriation is available for the 
 12.68  cost of health and child care coverage 
 13.1   for eligible participants and their 
 13.2   dependents, to the extent such coverage 
 13.3   is not otherwise available. 
 13.4   $250,000 the first year is for grants 
 13.5   to local community forest ecosystem 
 13.6   health programs.  The appropriations 
 13.7   are available until June 30, 1999.  The 
 13.8   commissioner of natural resources shall 
 13.9   allocate individual grants of up to 
 13.10  $10,000 to local communities that have 
 13.11  matching nonstate money available to 
 13.12  undertake projects that improve the 
 13.13  health of forest ecosystems, including 
 13.14  insect and disease suppression 
 13.15  programs, community-based forest health 
 13.16  education programs, and other 
 13.17  arboricultural treatments.  This is a 
 13.18  one-time appropriation. 
 13.19  $60,000 the first year and $60,000 the 
 13.20  second year are for the focus on 
 13.21  community forests program, to provide 
 13.22  communities with natural resources 
 13.23  technical assistance. 
 13.24  $200,000 the first year is for the 
 13.25  Minnesota Releaf program to provide 
 13.26  matching grants to local communities to 
 13.27  plant predominantly native trees.  This 
 13.28  appropriation is available until June 
 13.29  30, 1999, and is a one-time 
 13.30  appropriation. 
 13.31  $50,000 the first year is to develop 
 13.32  guidelines for communities and best 
 13.33  management practices for developers and 
 13.34  landowners in order to increase the 
 13.35  protection of woodlands being lost 
 13.36  through urbanization. 
 13.37  $1,018,000 the first year and 
 13.38  $1,030,000 the second year are for 
 13.39  implementation of the activities under 
 13.40  Minnesota Statutes, chapter 89A, 
 13.41  including the generic environmental 
 13.42  impact statement on timber harvesting.  
 13.43  Up to $240,000 the first year and 
 13.44  $190,000 the second year are available 
 13.45  for grants to the University of 
 13.46  Minnesota college of natural resources' 
 13.47  continuing education center, county 
 13.48  land departments for participation in 
 13.49  the Interagency Information 
 13.50  Cooperative, and for forest research 
 13.51  projects identified by the Minnesota 
 13.52  Forest Resources Council's research 
 13.53  advisory committee. 
 13.54  The commissioner must report to the 
 13.55  chairs of the house and senate 
 13.56  environment and natural resources 
 13.57  finance committee and division, by 
 13.58  February 1998, detailing progress 
 13.59  toward implementation of the 
 13.60  comprehensive timber harvesting and 
 13.61  forest management guidelines, and the 
 13.62  establishment of a framework for 
 13.63  conducting landscape-based forest 
 13.64  resource planning and coordination 
 13.65  under Minnesota Statutes, chapter 89A.  
 14.1   By December 31, 1998, the council must 
 14.2   submit its fully integrated and 
 14.3   comprehensive timber harvest guidelines 
 14.4   to the senate environment and 
 14.5   agriculture budget division and the 
 14.6   house environment and natural resources 
 14.7   finance committee. 
 14.8   Subd. 5.  Parks and Recreation 
 14.9   Management 
 14.10      27,033,000     26,870,000
 14.11                Summary by Fund
 14.12  General              26,402,000    26,238,000
 14.13  Natural Resources       631,000       632,000
 14.14  $631,000 the first year and $632,000 
 14.15  the second year are from the water 
 14.16  recreation account in the natural 
 14.17  resources fund for state park 
 14.18  development projects.  If the 
 14.19  appropriation in either year is 
 14.20  insufficient, the appropriation for the 
 14.21  other year is available for it. 
 14.22  $3,000,000 the first year and 
 14.23  $3,000,000 the second year are for 
 14.24  payment of a grant to the metropolitan 
 14.25  council for metropolitan area regional 
 14.26  parks maintenance and operation. 
 14.27  $500,000 the first year is for state 
 14.28  park and recreation area acquisition, 
 14.29  development, and rehabilitation. 
 14.30  $75,000 the first year is for predesign 
 14.31  and design for a Minnesota rock, gem, 
 14.32  and mineral interpretative center to be 
 14.33  located within Moose Lake state park 
 14.34  near prime rock collecting areas.  The 
 14.35  commissioner shall initiate the 
 14.36  architectural and engineering design 
 14.37  for the center.  The focal point of the 
 14.38  center shall be the display of Lake 
 14.39  Superior agates as well as rocks, gems, 
 14.40  minerals, and geologic artifacts 
 14.41  indigenous to Minnesota.  The 
 14.42  commissioner shall consult with the 
 14.43  Minnesota geological survey and members 
 14.44  of state and local rock, gem, and 
 14.45  mineral associations on the design of 
 14.46  the center.  The commissioner may 
 14.47  accept for display at the center rocks, 
 14.48  gems, minerals, and geologic artifacts 
 14.49  collected by individuals and 
 14.50  associations and shall enter into any 
 14.51  loan agreements necessary to protect 
 14.52  all parties from liability for loss or 
 14.53  damage to items loaned for display.  
 14.54  The commissioner shall prepare 
 14.55  information for visitors describing 
 14.56  geologic field trips and local rock 
 14.57  collecting opportunities and, in 
 14.58  addition, shall display and provide 
 14.59  written information on other areas of 
 14.60  the state that provide prime rock, gem, 
 14.61  and mineral collecting opportunities.  
 14.62  The commissioner shall consult with the 
 15.1   Minnesota Geological Society as well as 
 15.2   state and local rock, gem, and mineral 
 15.3   associations on the location of prime 
 15.4   collection sites and on the preparation 
 15.5   of field trip literature.  This 
 15.6   appropriation is available until June 
 15.7   30, 1999. 
 15.8   Subd. 6.  Trails and Waterways 
 15.9   Management 
 15.10      18,129,000     15,760,000
 15.11                Summary by Fund
 15.12  General               4,672,000     2,227,000
 15.13  Natural Resources    12,178,000    12,482,000
 15.14  Game and Fish         1,279,000     1,051,000
 15.15  $4,649,000 the first year and 
 15.16  $4,649,000 the second year are from the 
 15.17  snowmobile trails and enforcement 
 15.18  account in the natural resources fund 
 15.19  for snowmobile grants-in-aid.  Also, 
 15.20  $600,000 each year is from the general 
 15.21  fund for snowmobile grants-in-aid. 
 15.22  The commissioner shall study improved 
 15.23  paving methods for state trails that 
 15.24  prevent wear from snowmobile and other 
 15.25  uses, including the use of improved 
 15.26  paving materials and the application of 
 15.27  coatings to existing paved trails.  The 
 15.28  commissioner must report on the results 
 15.29  of the study to the house environment 
 15.30  and natural resources finance 
 15.31  committee, the senate environment and 
 15.32  agriculture budget division, and the 
 15.33  house and senate environment and 
 15.34  natural resources committees by 
 15.35  December 15, 1998. 
 15.36  $252,000 the first year and $254,000 
 15.37  the second year are from the water 
 15.38  recreation account in the natural 
 15.39  resources fund for a safe harbor 
 15.40  program on Lake Superior.  Any 
 15.41  unencumbered balance at the end of the 
 15.42  first year does not cancel and is 
 15.43  available for the second year.  
 15.44  $400,000 the first year is for the 
 15.45  Taconite Harbor safe harbor project.  
 15.46  This appropriation is available until 
 15.47  expended.  The legislature intends that 
 15.48  future appropriations will be 
 15.49  contingent on receipt of an equal 
 15.50  amount of nonstate matching money for 
 15.51  the total project. 
 15.52  $30,000 in the first year is for an 
 15.53  upgrade of the horse rider section of 
 15.54  the Heartland trail to permit use by 
 15.55  snowmobiles equipped with metal studs. 
 15.56  $300,000 the first year is to provide 
 15.57  safe crossings along the Gateway 
 15.58  segment of the Willard Munger trail in 
 15.59  North St. Paul and parking enhancements.
 16.1   $600,000 the first year is for a grant 
 16.2   to Ramsey county for a connection from 
 16.3   the city of Roseville trail system to 
 16.4   the Gateway segment of the Willard 
 16.5   Munger trail. 
 16.6   $340,000 the first year is for trail 
 16.7   improvements.  Of this amount, $128,000 
 16.8   is to develop the western extension of 
 16.9   the Root river state trail in the 
 16.10  Blufflands trail system and $212,000 is 
 16.11  to construct a parking lot at the 
 16.12  Harmony trailhead. 
 16.13  $300,000 the first year is to provide 
 16.14  increased access to lakes and rivers 
 16.15  statewide through the provision of 
 16.16  fishing piers and shoreline access.  
 16.17  One-half of the amount is for access 
 16.18  within the seven-county metropolitan 
 16.19  area.  This is a one-time appropriation.
 16.20  $500,000 is for grants of up to 
 16.21  $250,000 for locally funded trails of 
 16.22  regional significance. 
 16.23  The unobligated balance remaining in 
 16.24  the appropriation from the taconite 
 16.25  environmental protection fund, Laws 
 16.26  1996, chapter 407, section 3, to 
 16.27  acquire and develop the Iron Range 
 16.28  off-highway vehicle recreation area, 
 16.29  shall not cancel but be made available 
 16.30  until June 30, 1998. 
 16.31  Subd. 7.  Fish and Wildlife Management
 16.32      40,538,000     41,719,000
 16.33                Summary by Fund
 16.34  General               4,535,000     3,664,000
 16.35  Natural Resources     2,013,000     2,048,000
 16.36  Game and Fish        33,990,000    36,007,000
 16.37  $305,000 the first year and $310,000 
 16.38  the second year are for resource 
 16.39  population surveys in the 1837 treaty 
 16.40  area.  Of this amount, $104,000 the 
 16.41  first year and $106,000 the second year 
 16.42  are from the game and fish fund. 
 16.43  $923,000 the first year and $943,000 
 16.44  the second year are from the nongame 
 16.45  wildlife management account in the 
 16.46  natural resources fund for the purpose 
 16.47  of nongame wildlife management.  Any 
 16.48  unencumbered balance remaining in the 
 16.49  first year does not cancel but is 
 16.50  available the second year.  
 16.51  $1,337,000 the first year and 
 16.52  $1,361,000 the second year are for the 
 16.53  reinvest in Minnesota programs of game 
 16.54  and fish, critical habitat, and 
 16.55  wetlands established under Minnesota 
 16.56  Statutes, section 84.95, subdivision 
 16.57  2.  Any unencumbered balance for the 
 16.58  first year does not cancel but is 
 17.1   available for use the second year. 
 17.2   $1,110,000 the first year and 
 17.3   $1,117,000 the second year are from the 
 17.4   wildlife acquisition account for only 
 17.5   the purposes specified in Minnesota 
 17.6   Statutes, section 97A.071, subdivision 
 17.7   2a. 
 17.8   $860,000 the first year and $881,000 
 17.9   the second year are from the deer 
 17.10  habitat improvement account for only 
 17.11  the purposes specified in Minnesota 
 17.12  Statutes, section 97A.075, subdivision 
 17.13  1, paragraph (b). 
 17.14  $60,000 the first year and $61,000 the 
 17.15  second year are from the deer and bear 
 17.16  management account for only the 
 17.17  purposes specified in Minnesota 
 17.18  Statutes, section 97A.075, subdivision 
 17.19  1, paragraph (c). 
 17.20  $668,000 the first year and $673,000 
 17.21  the second year are from the waterfowl 
 17.22  habitat improvement account for only 
 17.23  the purposes specified in Minnesota 
 17.24  Statutes, section 97A.075, subdivision 
 17.25  2. 
 17.26  $652,000 the first year and $654,000 
 17.27  the second year are from the trout and 
 17.28  salmon management account for only the 
 17.29  purposes specified in Minnesota 
 17.30  Statutes, section 97A.075, subdivision 
 17.31  3. 
 17.32  $545,000 the first year and $545,000 
 17.33  the second year are from the pheasant 
 17.34  habitat improvement account for only 
 17.35  the purposes specified in Minnesota 
 17.36  Statutes, section 97A.075, subdivision 
 17.37  4.  In addition to the purposes 
 17.38  specified in Minnesota Statutes, 
 17.39  section 97A.075, subdivision 4, this 
 17.40  appropriation may be used for pheasant 
 17.41  restocking efforts. 
 17.42  $292,000 the first year and $295,000 
 17.43  the second year are from the game and 
 17.44  fish fund for activities relating to 
 17.45  reduction and prevention of property 
 17.46  damage by wildlife.  $50,000 each year 
 17.47  is for emergency damage abatement 
 17.48  materials. 
 17.49  $63,000 the first year and $63,000 the 
 17.50  second year are from the wild turkey 
 17.51  management account for only the 
 17.52  purposes specified in Minnesota 
 17.53  Statutes, section 97A.075, subdivision 
 17.54  5. 
 17.55  $100,000 the first year and $100,000 
 17.56  the second year are for water 
 17.57  monitoring activities, including 
 17.58  integrated monitoring using biology, 
 17.59  chemistry, hydrology, and habitat 
 17.60  assessment for water quality assessment.
 17.61  Before January 15, 1998, the 
 18.1   commissioner must hold one public 
 18.2   meeting in each of the department's 
 18.3   regions to identify priority fisheries 
 18.4   projects.  Before the public meetings, 
 18.5   notice of the meetings must be 
 18.6   published in a news release issued by 
 18.7   the commissioner and in a newspaper of 
 18.8   general circulation in each county 
 18.9   within the region.  The notice must be 
 18.10  published at least once between 30 and 
 18.11  60 days before the meetings, and at 
 18.12  least once between seven and 30 days 
 18.13  before the meetings.  The notices 
 18.14  required in this paragraph must invite 
 18.15  public comment and specify a deadline 
 18.16  for the receipt of public comments.  
 18.17  The commissioner shall consider any 
 18.18  public comments received in making 
 18.19  final decisions on expenditure of 
 18.20  additional revenue generated by 
 18.21  increased fishing license revenue 
 18.22  raised under this act.  At least 75 
 18.23  percent of the increase must be spent 
 18.24  on fisheries. 
 18.25  $8,000 is for the construction of an 
 18.26  interpretive sign in the Thief Lake 
 18.27  wildlife management area, to be 
 18.28  available until June 30, 1998. 
 18.29  $600,000 the first year is to the 
 18.30  critical habitat private sector 
 18.31  matching account for the purposes of 
 18.32  Minnesota Statutes, section 84.943. 
 18.33  $250,000 the first year is to 
 18.34  accelerate the acquisition of land for 
 18.35  scientific and natural areas under 
 18.36  Minnesota Statutes, section 84.033. 
 18.37  $125,000 the first year is for a 
 18.38  railroad prairie right-of-way inventory 
 18.39  and for the development of voluntary 
 18.40  prairie right-of-way best management 
 18.41  practices. 
 18.42  The positions for the forest ecologist, 
 18.43  metropolitan natural community 
 18.44  ecologist, and scientific and natural 
 18.45  areas volunteer stewardship coordinator 
 18.46  now in the unclassified service shall 
 18.47  be transferred without competitive 
 18.48  examination to the classified service 
 18.49  of the state. 
 18.50  Subd. 8.  Enforcement 
 18.51      19,599,000     19,457,000
 18.52                Summary by Fund
 18.53  General               3,489,000     3,092,000
 18.54  Natural Resources     3,971,000     3,991,000
 18.55  Game and Fish        12,039,000    12,274,000
 18.56  Solid Waste             100,000       100,000
 18.57  $1,082,000 the first year and 
 18.58  $1,082,000 the second year are from the 
 19.1   water recreation account in the natural 
 19.2   resources fund for grants to counties 
 19.3   for boat and water safety. 
 19.4   $100,000 each year is from the solid 
 19.5   waste fund for solid waste enforcement 
 19.6   activities under Minnesota Statutes, 
 19.7   section 116.073. 
 19.8   $100,000 the first year is for 
 19.9   enforcement activities regarding the 
 19.10  1837 treaty. 
 19.11  Within the funding appropriated, the 
 19.12  commissioner shall hire at least seven 
 19.13  new full-time equivalent conservation 
 19.14  officers.  Four of the officers must 
 19.15  come from protected groups.  The 
 19.16  protected group officers must be hired 
 19.17  before the remaining new officers. 
 19.18  $200,000 is for the purchase of 
 19.19  specialty equipment to increase the 
 19.20  effectiveness and safety of enforcement 
 19.21  of snowmobile laws and rules. 
 19.22  $150,000 the first year and $100,000 
 19.23  the second year are to recruit and 
 19.24  train members of the Southeast Asian 
 19.25  community for four new conservation 
 19.26  officer positions that will begin after 
 19.27  July 1, 1999.  This appropriation is 
 19.28  for recruiting, screening, and training 
 19.29  the candidates, and for providing a 
 19.30  monthly stipend for the candidates, 
 19.31  educational costs, a part-time program 
 19.32  coordinator, and outreach locations 
 19.33  within the Southeast Asian community.  
 19.34  This is a one-time appropriation. 
 19.35  $400,000 each year from the snowmobile 
 19.36  trails and enforcement account in the 
 19.37  natural resources fund is for grants to 
 19.38  local law enforcement agencies for 
 19.39  snowmobile enforcement activities above 
 19.40  and beyond current levels of local law 
 19.41  enforcement activities. 
 19.42  Subd. 9.  Operations Support
 19.43      31,677,000     28,581,000
 19.44                Summary by Fund
 19.45  General              21,528,000    18,017,000
 19.46  Natural Resources     3,471,000     3,542,000
 19.47  Game and Fish         6,678,000     7,022,000
 19.48  The commissioner of natural resources 
 19.49  may contract with and make grants to 
 19.50  nonprofit agencies to carry out the 
 19.51  purposes, plans, and programs of the 
 19.52  office of youth programs, Minnesota 
 19.53  conservation corps. 
 19.54  None of the money appropriated to the 
 19.55  commissioner under this section may be 
 19.56  used for transfer to the office of 
 19.57  strategic and long-range planning.  The 
 20.1   appropriations in this subdivision 
 20.2   reflect a reduction in the base of 
 20.3   $250,000. 
 20.4   $425,000 the first year and $425,000 
 20.5   the second year are for the community 
 20.6   assistance program, including 
 20.7   metropolitan trout stream watershed 
 20.8   coordinators, Red River technical 
 20.9   assistance, northeast Minnesota public 
 20.10  affairs and communication, southwest 
 20.11  Minnesota planning assistance, Metro 
 20.12  Greenways and natural areas assistance 
 20.13  and grants, and regional resource 
 20.14  enhancement grants. 
 20.15  The department shall submit to the 
 20.16  Minnesota office of technology for 
 20.17  review its plans for offering consumer 
 20.18  access through the North Star world 
 20.19  wide web site. 
 20.20  $200,000 the first year is for a grant 
 20.21  to Friends of Rydell Refuge 
 20.22  Association, Inc.  The Friends of 
 20.23  Rydell Refuge must enter into a 
 20.24  memorandum of agreement with the United 
 20.25  States Fish and Wildlife Service to 
 20.26  provide for people with disabilities 
 20.27  the following facilities at Rydell 
 20.28  national wildlife refuge in Polk county:
 20.29  (1) seven miles of paved trails, 
 20.30  including overlooks; (2) accessible 
 20.31  fishing pier, decks, landscaping, and 
 20.32  boardwalk at sights within the refuge; 
 20.33  (3) accessible restroom facilities; (4) 
 20.34  meeting room accessibility and visitor 
 20.35  center upgrade; and (5) target range 
 20.36  accessibility.  Any amount unexpended 
 20.37  in fiscal year 1998 remains available 
 20.38  for expenditure in fiscal year 1999. 
 20.39  $100,000 the first year and $100,000 
 20.40  the second year are for the Southeast 
 20.41  Asian environmental education 
 20.42  internship and training program. 
 20.43  $200,000 the first year is for a grant 
 20.44  to the city of South St. Paul for 
 20.45  erosion control at Kaposia Park and 
 20.46  development of a regional trail 
 20.47  connection.  Nonstate match funding of 
 20.48  $2 for every $1 of this appropriation 
 20.49  is required. 
 20.50  $85,000 the first year and $85,000 the 
 20.51  second year are for a grant to the 
 20.52  Minnesota Children's Museum for early 
 20.53  childhood environmental education that 
 20.54  introduces young children to the 
 20.55  natural environment through four 
 20.56  different Minnesota habitats. 
 20.57  $2,700,000 the first year is for a 
 20.58  grant to the city of St. Paul for 
 20.59  expenditures necessary to carry out the 
 20.60  Harriet Island redevelopment in 
 20.61  accordance with the Lilydale/Harriet 
 20.62  Island master plan.  The appropriation 
 20.63  is available to the extent it is 
 20.64  matched by an equal amount from 
 21.1   nonstate sources by June 30, 1998.  
 21.2   Before the appropriation or local match 
 21.3   is spent or obligated, the city of St. 
 21.4   Paul must seek public comments on the 
 21.5   Harriet Island redevelopment. 
 21.6   $142,000 is for a survey of trails in 
 21.7   state parks for accessibility to 
 21.8   persons with disabilities.  This 
 21.9   appropriation is available for the 
 21.10  biennium. 
 21.11  $325,000 the first year is for a grant 
 21.12  to independent school district No. 621, 
 21.13  Mounds View, to renovate the Laurentian 
 21.14  Environmental Learning Center located 
 21.15  in the Superior National Forest.  This 
 21.16  appropriation is available until June 
 21.17  30, 1999.  
 21.18  $300,000 the first year and $300,000 
 21.19  the second year is for the electronic 
 21.20  licensing system.  Of this amount, 
 21.21  $200,000 the second year is from the 
 21.22  game and fish fund.  
 21.23  $1,503,000 the first year and 
 21.24  $1,522,000 the second year are for 
 21.25  administrative costs.  This is a 
 21.26  one-time only appropriation. 
 21.27  $55,000 the first year is for a grant 
 21.28  to Chippewa county for design and 
 21.29  engineering specifications for:  (1) 
 21.30  expansion of the landing and boat 
 21.31  access on the Minnesota river at 
 21.32  Wegdahl and related development of a 
 21.33  regional park; and (2) development of a 
 21.34  15-mile multiuse trail along the 
 21.35  Minnesota river valley connecting the 
 21.36  city of Granite Falls to the Chippewa 
 21.37  county regional trail system. 
 21.38  Sec. 6.  BOARD OF WATER AND 
 21.39  SOIL RESOURCES                        15,741,000     15,186,000
 21.40  $5,353,000 the first year and 
 21.41  $5,353,000 the second year are for 
 21.42  natural resources block grants to local 
 21.43  governments.  Of this amount, $50,000 
 21.44  in each year is for a grant to the 
 21.45  North Shore Management Board and 
 21.46  $35,000 in each year is for a grant to 
 21.47  the St. Louis River Board.  If the 
 21.48  appropriation in either year is 
 21.49  insufficient, the appropriation for the 
 21.50  other year is available for it. 
 21.51  The board shall reduce the amount of 
 21.52  the natural resource block grant to a 
 21.53  county by an amount equal to any 
 21.54  reduction in the county's general 
 21.55  services allocation to a soil and water 
 21.56  conservation district from the county's 
 21.57  1996 allocation. 
 21.58  Grants must be matched with a 
 21.59  combination of local cash or in-kind 
 21.60  contributions.  The base grant portion 
 21.61  related to water planning must be 
 21.62  matched by an amount that would be 
 22.1   raised by a levy under Minnesota 
 22.2   Statutes, section 103B.3369.  
 22.3   $2,282,000 the first year and 
 22.4   $2,509,000 the second year are for 
 22.5   grants to soil and water conservation 
 22.6   districts for general purposes and for 
 22.7   implementation of the RIM conservation 
 22.8   reserve program.  Upon approval of the 
 22.9   board, expenditures may be made from 
 22.10  these appropriations for supplies and 
 22.11  services benefiting soil and water 
 22.12  conservation districts. 
 22.13  $2,120,000 the first year and 
 22.14  $2,120,000 the second year are for 
 22.15  grants to soil and water conservation 
 22.16  districts for cost-sharing contracts 
 22.17  for erosion control and water quality 
 22.18  management.  This appropriation is 
 22.19  available until expended.  If the 
 22.20  appropriation in either year is 
 22.21  insufficient, the appropriation in the 
 22.22  other year is available for it. 
 22.23  $189,000 the first year and $189,000 
 22.24  the second year are for grants to 
 22.25  watershed districts and other local 
 22.26  units of government in the southern 
 22.27  Minnesota river basin study area 2 for 
 22.28  floodplain management.  If the 
 22.29  appropriation in either year is 
 22.30  insufficient, the appropriation in the 
 22.31  other year is available for it. 
 22.32  $200,000 the first year is for a grant 
 22.33  to Chisago and Washington counties for 
 22.34  the abandonment of joint ditch No. 1. 
 22.35  $475,000 is for completion of water 
 22.36  quality improvement projects with the 
 22.37  12 major watersheds of the Minnesota 
 22.38  river basin, to be available until June 
 22.39  30, 1999.  The water quality 
 22.40  improvement projects must utilize 
 22.41  practices that are proven effective, 
 22.42  must have landowner support, and must 
 22.43  be prioritized by the Minnesota river 
 22.44  basin joint powers board and the board 
 22.45  of water and soil resources.  The board 
 22.46  shall use this appropriation only for 
 22.47  those projects where the local 
 22.48  landowners and counties provide 50 
 22.49  percent of project costs in cash. 
 22.50  $150,000 the first year is for a grant 
 22.51  to the Faribault county soil and water 
 22.52  conservation district for the 
 22.53  quad-lakes restoration project in 
 22.54  Faribault and Blue Earth counties. 
 22.55  $100,000 the first year and $200,000 
 22.56  the second year are for a community 
 22.57  assistance program to provide watershed 
 22.58  education and communication assistance 
 22.59  to local governments in the 
 22.60  metropolitan area and in southern 
 22.61  Minnesota. 
 22.62  Any unencumbered balance in the board's 
 22.63  program of grants does not cancel at 
 23.1   the end of the first year and is 
 23.2   available for the second year for the 
 23.3   same grant program. 
 23.4   $27,000 the first year and $27,000 the 
 23.5   second year are for a grant to the 
 23.6   southeast Minnesota water resources 
 23.7   board for administrative costs.  This 
 23.8   appropriation is available only to the 
 23.9   extent it is matched by $1 of nonstate 
 23.10  money for each $1 of state money. 
 23.11  $90,000 the first year and $90,000 the 
 23.12  second year are for grants to soil and 
 23.13  water conservation districts to cover 
 23.14  the costs of contracting for technical 
 23.15  staff to implement activities under the 
 23.16  state revolving fund. 
 23.17  Sec. 7.  AGRICULTURE 
 23.18  Subdivision 1.  Total 
 23.19  Appropriation                         29,482,000    25,391,000
 23.20                Summary by Fund
 23.21  General              18,949,000    14,868,000
 23.22  Special Revenue      10,264,000    10,254,000
 23.23  Environmental           269,000       269,000
 23.24  The amounts that may be spent from this 
 23.25  appropriation for each program are 
 23.26  specified in the following subdivisions.
 23.27  Subd. 2.  Protection Service 
 23.28      18,324,000     17,435,000
 23.29                Summary by Fund
 23.30  General               8,047,000     7,053,000
 23.31  Special Revenue      10,008,000    10,113,000
 23.32  Environmental           269,000       269,000
 23.33  $269,000 the first year and $269,000 
 23.34  the second year are from the 
 23.35  environmental response, compensation, 
 23.36  and compliance account in the 
 23.37  environmental fund. 
 23.38  $4,287,000 the first year and 
 23.39  $4,367,000 the second year are from the 
 23.40  pesticide regulatory account 
 23.41  established under Minnesota Statutes, 
 23.42  section 18B.05, for administration and 
 23.43  enforcement of Minnesota Statutes, 
 23.44  chapter 18B. 
 23.45  $995,000 the first year and $1,010,000 
 23.46  the second year are from the fertilizer 
 23.47  inspection account established under 
 23.48  Minnesota Statutes, section 18C.131, 
 23.49  for administration and enforcement of 
 23.50  Minnesota Statutes, chapter 18C. 
 23.51  $50,000 the first year is from the 
 23.52  fertilizer account to provide a match 
 24.1   to the $150,000 appropriation from the 
 24.2   environmental trust fund to conduct 
 24.3   nitrate testing clinics. 
 24.4   $368,000 the first year and $368,000 
 24.5   the second year are from the seed 
 24.6   potato inspection fund established 
 24.7   under Minnesota Statutes, section 
 24.8   21.115, for administration and 
 24.9   enforcement of Minnesota Statutes, 
 24.10  sections 21.111 to 21.122. 
 24.11  $727,000 the first year and $741,000 
 24.12  the second year are from the seed 
 24.13  inspection fund established under 
 24.14  Minnesota Statutes, section 21.92, for 
 24.15  administration and enforcement of 
 24.16  Minnesota Statutes, sections 21.80 to 
 24.17  21.92. 
 24.18  $731,000 the first year and $744,000 
 24.19  the second year are from the commercial 
 24.20  feed inspection account established 
 24.21  under Minnesota Statutes, section 
 24.22  25.39, subdivision 4, for 
 24.23  administration and enforcement of 
 24.24  Minnesota Statutes, sections 25.35 to 
 24.25  25.44. 
 24.26  $530,000 the first year and $530,000 
 24.27  the second year are from the fruit and 
 24.28  vegetables inspection account 
 24.29  established under Minnesota Statutes, 
 24.30  section 27.07, subdivision 6, for 
 24.31  administration and enforcement of 
 24.32  Minnesota Statutes, section 27.07. 
 24.33  $1,746,000 the first year and 
 24.34  $1,779,000 the second year are from the 
 24.35  dairy services account established 
 24.36  under Minnesota Statutes, section 
 24.37  32.394, subdivision 9, for the purpose 
 24.38  of dairy services under Minnesota 
 24.39  Statutes, chapter 32. 
 24.40  $324,000 the first year and $324,000 
 24.41  the second year are from the livestock 
 24.42  weighing fund established under 
 24.43  Minnesota Statutes, section 17A.11, for 
 24.44  the purpose of livestock weighing costs 
 24.45  under Minnesota Statutes, chapter 17A. 
 24.46  $53,000 the first year and $53,000 the 
 24.47  second year are for payment of claims 
 24.48  relating to livestock damaged by 
 24.49  threatened or endangered animal species 
 24.50  and agricultural crops damaged by elk.  
 24.51  If the appropriation for either year is 
 24.52  insufficient, the appropriation for the 
 24.53  other year is available for it. 
 24.54  $160,000 the first year and $160,000 
 24.55  the second year are an increase for the 
 24.56  grade A and manufacturing grade 
 24.57  inspection programs under Minnesota 
 24.58  Statutes, section 32.394. 
 24.59  $222,000 is transferred to the seed 
 24.60  potato inspection fund and must be used 
 24.61  for the administration and enforcement 
 24.62  of Minnesota Statutes, sections 21.80 
 25.1   to 21.92. 
 25.2   $960,000 the first year and $40,000 the 
 25.3   second year are to expand the 
 25.4   one-on-one educational delivery team 
 25.5   system to provide appropriate 
 25.6   technologies, including rotational 
 25.7   grazing and other sustainable 
 25.8   agriculture methods, applicable to 
 25.9   small and medium sized dairy farms to 
 25.10  enhance the financial success and 
 25.11  long-term sustainability of dairy farms 
 25.12  in the state.  Activities of the dairy 
 25.13  diagnostic teams must be spread 
 25.14  throughout the dairy producing regions 
 25.15  of the state.  The teams must consist 
 25.16  of farm business management 
 25.17  instructors, dairy extension 
 25.18  specialists, and dairy industry 
 25.19  partners to deliver the informational 
 25.20  and technological services.  Not later 
 25.21  than February 1, 1998, the commissioner 
 25.22  shall provide an interim report to the 
 25.23  standing committees of the Minnesota 
 25.24  senate and house of representatives 
 25.25  that deal with agricultural policy 
 25.26  issues and funding on activities and 
 25.27  accomplishments of the dairy diagnostic 
 25.28  teams.  The commissioner shall provide 
 25.29  a follow-up report to the committees on 
 25.30  February 1, 1999.  This is a one-time 
 25.31  appropriation.  
 25.32  $25,000 the first year and $25,000 the 
 25.33  second year are for activities of the 
 25.34  dairy producers board under Minnesota 
 25.35  Statutes, section 17.76. 
 25.36  Subd. 3.  Agricultural Marketing and Development
 25.37       3,475,000      3,210,000
 25.38                 Summary by Fund
 25.39  General              3,219,000    3,069,000
 25.40  Special Revenue        256,000      141,000
 25.41  Notwithstanding Minnesota Statutes, 
 25.42  section 41A.09, subdivision 3a, the 
 25.43  total payments from the ethanol 
 25.44  development account to all producers 
 25.45  may not exceed $49,651,000 for the 
 25.46  biennium ending June 30, 1999.  If the 
 25.47  total amount for which all producers 
 25.48  are eligible in a quarter exceeds the 
 25.49  amount available for payments, the 
 25.50  commissioner shall make the payments on 
 25.51  a pro rata basis.  In fiscal year 1998, 
 25.52  the commissioner shall first reimburse 
 25.53  producers for eligible unpaid claims 
 25.54  accumulated through June 30, 1997.  
 25.55  $100,000 the first year and $100,000 
 25.56  the second year are for ethanol 
 25.57  promotion and public education. 
 25.58  $71,000 the first year and $71,000 the 
 25.59  second year are for transfer to the 
 25.60  Minnesota grown matching account and 
 25.61  may be used as grants for Minnesota 
 26.1   grown promotion under Minnesota 
 26.2   Statutes, section 17.109. 
 26.3   $141,000 the first year and $141,000 
 26.4   the second year are from the 
 26.5   commodities research and promotion 
 26.6   account in the special revenue fund. 
 26.7   $115,000 is from the Minnesota 
 26.8   conservation fund, established in 
 26.9   Minnesota Statutes, section 40A.151, to 
 26.10  the commissioner of agriculture to 
 26.11  provide a match to the $100,000 
 26.12  appropriation from the future resources 
 26.13  fund to evaluate the effectiveness of 
 26.14  Minnesota's agricultural land 
 26.15  preservation programs, make 
 26.16  recommendations for statutory and 
 26.17  programmatic improvements, and identify 
 26.18  and quantify fiscal impacts of urban 
 26.19  sprawl. 
 26.20  $76,000 the first year and $77,000 the 
 26.21  second year are for development and 
 26.22  promotion of integrated pest management 
 26.23  in an urban environment.  The urban 
 26.24  integrated pest management development 
 26.25  and promotion program must be 
 26.26  coordinated with Metropolitan State 
 26.27  University. 
 26.28  $80,000 the first year and $80,000 the 
 26.29  second year are for grants to farmers 
 26.30  for demonstration projects involving 
 26.31  sustainable agriculture.  If a project 
 26.32  cost is more than $25,000, the amount 
 26.33  above $25,000 must be cost-shared at a 
 26.34  state-applicant ratio of one to one.  
 26.35  Priorities must be given for projects 
 26.36  involving multiple parties.  Up to 
 26.37  $20,000 each year may be used for 
 26.38  dissemination of information about the 
 26.39  demonstration grant projects.  If the 
 26.40  appropriation for either year is 
 26.41  insufficient, the appropriation for the 
 26.42  other is available. 
 26.43  $200,000 is for grants under Minnesota 
 26.44  Statutes, section 17.101, subdivision 5.
 26.45  Subd. 4.  Administration and 
 26.46  Financial Assistance 
 26.47       7,683,000      4,746,000
 26.48  $100,000 the first year and $100,000 
 26.49  the second year must be spent for the 
 26.50  WIC coupon program. 
 26.51  $115,000 the first year and $99,000 the 
 26.52  second year are for family farm 
 26.53  security interest payment adjustments.  
 26.54  If the appropriation for either year is 
 26.55  insufficient, the appropriation for the 
 26.56  other year is available for it.  No new 
 26.57  loans may be approved in fiscal year 
 26.58  1998 or 1999.  
 26.59  $201,000 the first year and $202,000 
 26.60  the second year are for the family farm 
 26.61  advocacy program. 
 27.1   $70,000 the first year and $70,000 the 
 27.2   second year are for the northern crops 
 27.3   institute.  These appropriations may be 
 27.4   spent to purchase equipment and are 
 27.5   available until spent.  
 27.6   $150,000 the first year and $150,000 
 27.7   the second year are for grants to 
 27.8   agriculture information centers.  The 
 27.9   grants are only available on a match 
 27.10  basis.  The funds may be released at 
 27.11  the rate of $4 of state money for each 
 27.12  $1 of matching nonstate money that is 
 27.13  raised.  
 27.14  $100,000 is for a grant to the 
 27.15  University of Minnesota for a farm 
 27.16  safety outreach program.  The program 
 27.17  must be designed to provide specialized 
 27.18  health and safety information and 
 27.19  training to targeted at-risk 
 27.20  individuals and groups. 
 27.21  $115,000 the first year and $115,000 
 27.22  the second year are for the Seaway Port 
 27.23  Authority of Duluth. 
 27.24  $19,000 the first year and $19,000 the 
 27.25  second year are for a grant to the 
 27.26  Minnesota Livestock Breeders' 
 27.27  Association. 
 27.28  $50,000 the first year and $50,000 the 
 27.29  second year are for the Passing on the 
 27.30  Farm Center under Minnesota Statutes, 
 27.31  section 17.985.  This appropriation is 
 27.32  available only to the extent matched 
 27.33  with nonstate money. 
 27.34  $50,000 in each year is for beaver 
 27.35  damage control grants for the purposes 
 27.36  of Minnesota Statutes, section 17.110. 
 27.37  $70,000 the first year is for the 
 27.38  construction costs of a greenhouse to 
 27.39  produce biological control agents. 
 27.40  $50,000 the first year and $50,000 the 
 27.41  second year are for funding litigation 
 27.42  to accomplish reform of the federal 
 27.43  milk market order system and for legal 
 27.44  actions opposing the Northeast Dairy 
 27.45  Compact. 
 27.46  $100,000 the first year is for transfer 
 27.47  to the public utilities commission for 
 27.48  costs related to the duties of the 
 27.49  commission and the team of science 
 27.50  advisors established under Laws 1994, 
 27.51  chapter 573, as amended.  This 
 27.52  appropriation remains available until 
 27.53  June 30, 1999. 
 27.54  $525,000 the first year is for 
 27.55  livestock odor research.  Of this 
 27.56  amount, $400,000 is for a grant to the 
 27.57  University of Minnesota department of 
 27.58  biosystems and agricultural engineering 
 27.59  for research and development of:  (1) 
 27.60  an odor rating system that compares 
 27.61  odor levels of livestock production 
 28.1   facilities based on the species of 
 28.2   livestock, livestock housing, manure 
 28.3   management systems, and other factors 
 28.4   that contribute to odor levels, with 
 28.5   the odor rating to be determined using 
 28.6   olfactometry; (2) information tools to 
 28.7   be provided to local units of 
 28.8   government to create setback 
 28.9   requirements for livestock production 
 28.10  facilities based on the odor rating 
 28.11  system developed in clause (1); (3) 
 28.12  best management practices to control 
 28.13  livestock odor with priority on the 
 28.14  development of practices that control 
 28.15  odor as much as economically feasible 
 28.16  during seasonal and other periods of 
 28.17  peak odor levels; and (4) provisions 
 28.18  for rating the efficacy of new 
 28.19  odor-reduction technologies and 
 28.20  additives.  Applicants for a rating 
 28.21  under this clause must pay for the 
 28.22  research necessary to provide the 
 28.23  rating to be used in marketing their 
 28.24  new technology.  $125,000 is for a 
 28.25  grant to the Minnesota institute for 
 28.26  sustainable agriculture for research, 
 28.27  development, and promotion of 
 28.28  low-emission and low-energy alternative 
 28.29  hog production systems and promotion of 
 28.30  developed systems, including hoop 
 28.31  houses, the Swedish model 
 28.32  (Vastgotamodellen) for farrowing and 
 28.33  feeder pig production, and pasture 
 28.34  grazing and farrowing. 
 28.35  $200,000 the first year and $200,000 
 28.36  the second year are to develop a 
 28.37  scientific data base on odor from 
 28.38  feedlots, conduct research on 
 28.39  biofilters as odor suppressants, and 
 28.40  evaluate composting and drainage 
 28.41  systems for effectiveness.  This is a 
 28.42  one-time appropriation. 
 28.43  $1,200,000 the first year is for an 
 28.44  electronic information management 
 28.45  system.  By January 15, 1998, the 
 28.46  commissioner shall report to the 
 28.47  legislature concerning the status of 
 28.48  the system and shall make a 
 28.49  recommendation concerning the remaining 
 28.50  needs for the system and costs of 
 28.51  funding those needs. 
 28.52  $1,000,000 is to create and administer 
 28.53  a "Minnesota grown" coupon program to 
 28.54  provide food coupons to adult or minor 
 28.55  legal noncitizens who are residing in 
 28.56  this state as of July 1, 1997, lost 
 28.57  their eligibility for the federal food 
 28.58  stamp program under the provisions of 
 28.59  Public Law Number 104-193, title IV, 
 28.60  are receiving general assistance or 
 28.61  supplemental security income, and 
 28.62  comply with the eligibility 
 28.63  requirements in Minnesota Statutes, 
 28.64  section 256D.05, subdivision 8, 
 28.65  paragraph (b).  Coupons shall be issued 
 28.66  each month within the funds available 
 28.67  by the commissioner to noncitizens who 
 28.68  are residents of participating counties 
 29.1   and eligible for the supplement under 
 29.2   this paragraph.  The commissioner of 
 29.3   human services must provide to the 
 29.4   commissioner of agriculture the names 
 29.5   of the heads of households that contain 
 29.6   adult or minor legal noncitizens who 
 29.7   are eligible for the supplement under 
 29.8   this paragraph, their addresses, and 
 29.9   any other information necessary to 
 29.10  ensure the administrative efficiency of 
 29.11  the "Minnesota grown" coupon program.  
 29.12  The amount of the "Minnesota grown" 
 29.13  coupons must be excluded as income 
 29.14  under the AFDC, refugee cash 
 29.15  assistance, general assistance, MFIP, 
 29.16  MFIP-R, MFIP-S, food stamp programs, 
 29.17  state housing subsidy programs, 
 29.18  low-income energy assistance programs, 
 29.19  and other programs that do not count 
 29.20  food stamps as income.  Counties must 
 29.21  apply to the commissioner to 
 29.22  participate in the "Minnesota grown" 
 29.23  coupon program. 
 29.24  The coupons must be clearly labeled as 
 29.25  redeemable only for products licensed 
 29.26  to use the "Minnesota grown" logo or 
 29.27  labeling statement under Minnesota 
 29.28  Statutes, section 17.102.  Coupons may 
 29.29  be redeemed by farmers, custom meat 
 29.30  processors, community-supported 
 29.31  agriculture farms, grocery stores, and 
 29.32  retailers.  The person accepting the 
 29.33  coupon is responsible for its 
 29.34  redemption only on products licensed to 
 29.35  use the "Minnesota grown" logo or 
 29.36  labeling statement.  
 29.37  The commissioner may establish criteria 
 29.38  for vendor eligibility and may enforce 
 29.39  the "Minnesota grown" coupon program 
 29.40  according to Minnesota Statutes, 
 29.41  sections 17.982 to 17.984. 
 29.42  The commissioner shall report on the 
 29.43  "Minnesota grown" coupon program by 
 29.44  January 15, 1998, to the house of 
 29.45  representatives agriculture committee, 
 29.46  the senate agriculture and rural 
 29.47  development committee, the house 
 29.48  environment and natural resources 
 29.49  finance committee, and the senate 
 29.50  environment and agriculture budget 
 29.51  division. 
 29.52  Sec. 8.  BOARD OF ANIMAL HEALTH        2,348,000      2,383,000
 29.53  $40,000 the first year and $40,000 the 
 29.54  second year are for a program to 
 29.55  control para-tuberculosis ("Johne's 
 29.56  disease") in domestic bovine herds.  
 29.57  The board must design and implement a 
 29.58  program to provide educational and 
 29.59  financial assistance to bovine herd 
 29.60  owners for testing and related 
 29.61  activities that will reduce the 
 29.62  prevalence of the disease in herds 
 29.63  known to be infected and to establish 
 29.64  "test negative" herds as a source of 
 29.65  negative replacement cattle.  Not later 
 29.66  than January 31, 1999, the executive 
 30.1   secretary shall report to the 
 30.2   legislature on the progress and results 
 30.3   of the para-tuberculosis control 
 30.4   program. 
 30.5   $49,000 the first year and $40,000 the 
 30.6   second year are for a grant to the 
 30.7   University of Minnesota college of 
 30.8   veterinary medicine to be used for 
 30.9   development and implementation of the 
 30.10  companion animal resource education 
 30.11  program, in collaboration with the 
 30.12  Minnesota extension service. 
 30.13  Sec. 9.  CITIZEN'S COUNCIL ON 
 30.14  VOYAGEURS NATIONAL PARK                   63,000         64,000
 30.15  Sec. 10.  SCIENCE MUSEUM 
 30.16  OF MINNESOTA                           1,136,000      1,164,000
 30.17  Sec. 11.  MINNESOTA-WISCONSIN
 30.18  BOUNDARY AREA COMMISSION                 172,000        177,000
 30.19                Summary by Fund
 30.20  General                 141,000       145,000
 30.21  Natural Resources        31,000        32,000
 30.22  This appropriation is only available to 
 30.23  the extent it is matched by an equal 
 30.24  amount from the state of Wisconsin. 
 30.25  $31,000 the first year and $32,000 the 
 30.26  second year are from the water 
 30.27  recreation account in the natural 
 30.28  resources fund for the St. Croix 
 30.29  management and stewardship program. 
 30.30  Sec. 12.  MINNESOTA ACADEMY 
 30.31  OF SCIENCE                                41,000         41,000
 30.32  $5,000 the first year and $5,000 the 
 30.33  second year are for a program to 
 30.34  provide hands on science activities for 
 30.35  elementary school children. 
 30.36  Sec. 13.  MINNESOTA HORTICULTURAL 
 30.37  SOCIETY                                   82,000         82,000
 30.38  Sec. 14.  AGRICULTURAL UTILIZATION
 30.39  RESEARCH INSTITUTE                     4,420,000      4,330,000
 30.40                Summary by Fund
 30.41  General               4,220,000     4,130,000
 30.42  Special Revenue         200,000       200,000
 30.43  $90,000 the first year is for 
 30.44  development of a program of marketing a 
 30.45  value-added agriculture product by a 
 30.46  community-based youth program. 
 30.47  $200,000 the first year and $200,000 
 30.48  the second year are for hybrid tree 
 30.49  management research and development of 
 30.50  an implementation plan for establishing 
 30.51  hybrid tree plantations in the state.  
 30.52  This appropriation is available to the 
 30.53  extent matched by $2 of nonstate 
 31.1   contributions, either cash or in kind, 
 31.2   for each $1 of state money.  This shall 
 31.3   be added to the agency base. 
 31.4   Sec. 15.  MINNESOTA RESOURCES 
 31.5   Subdivision 1.  Total
 31.6   Appropriation                         37,208,000 
 31.7                 Summary by Fund
 31.8   Minnesota Future 
 31.9   Resources Fund       14,668,000
 31.10  Environment and 
 31.11  Natural Resources 
 31.12  Trust Fund           22,270,000
 31.13  Great Lakes Protection 
 31.14  Account                 120,000
 31.15  Oil Overcharge 
 31.16  Money in the Special
 31.17  Revenue Fund            150,000
 31.18  Unless otherwise provided, the amounts 
 31.19  in this section are available until 
 31.20  June 30, 1999, when projects must be 
 31.21  completed and final products delivered. 
 31.22  Subd. 2.  Definitions 
 31.23  (a) "Future resources fund" means the 
 31.24  Minnesota future resources fund 
 31.25  referred to in Minnesota Statutes, 
 31.26  section 116P.13. 
 31.27  (b) "Trust fund" means the Minnesota 
 31.28  environment and natural resources trust 
 31.29  fund referred to in Minnesota Statutes, 
 31.30  section 116P.02, subdivision 6. 
 31.31  (c) "Great lakes protection account" 
 31.32  means the account referred to in 
 31.33  Minnesota Statutes, section 116Q.02. 
 31.34  (d) "Oil overcharge money" means the 
 31.35  money referred to in Minnesota 
 31.36  Statutes, section 4.071, subdivision 2. 
 31.37  Subd. 3.  Legislative Commission 
 31.38  on Minnesota Resources                   776,000
 31.39  $304,000 of this appropriation is from 
 31.40  the future resources fund and $472,000 
 31.41  is from the trust fund, pursuant to 
 31.42  Minnesota Statutes, section 116P.09, 
 31.43  subdivision 5. 
 31.44  Subd. 4.  Recreation 
 31.45  (a) STATE PARK AND RECREATION AREA 
 31.46  ACQUISITION, DEVELOPMENT, BETTERMENT, 
 31.47  AND REHABILITATION                     3,500,000 
 31.48  This appropriation is from the trust 
 31.49  fund to the commissioner of natural 
 31.50  resources as follows:  (1) for state 
 31.51  park and recreation area acquisition, 
 31.52  $2,500,000; and (2) for state park and 
 31.53  recreation area development, 
 32.1   rehabilitation, and resource 
 32.2   management, $1,000,000, unless 
 32.3   otherwise specified in the approved 
 32.4   work program.  The use of the Minnesota 
 32.5   conservation corps is encouraged.  The 
 32.6   commissioner must submit grant requests 
 32.7   for supplemental funding for federal 
 32.8   ISTEA money in eligible categories and 
 32.9   report the results to the legislative 
 32.10  commission on Minnesota resources.  
 32.11  This project must be completed and 
 32.12  final products delivered by June 30, 
 32.13  2000, and the appropriation is 
 32.14  available until that date. 
 32.15  (b) METROPOLITAN REGIONAL PARK 
 32.16  SYSTEM                                 3,500,000 
 32.17  This appropriation is from the trust 
 32.18  fund for payment by the commissioner of 
 32.19  natural resources to the metropolitan 
 32.20  council for subgrants for acquisition, 
 32.21  development and rehabilitation in the 
 32.22  metropolitan regional park system 
 32.23  consistent with the metropolitan 
 32.24  council regional recreation open space 
 32.25  capital improvement plan.  This 
 32.26  appropriation may be used for the 
 32.27  purchase of homes only if the purchases 
 32.28  are expressly included in the work 
 32.29  program approved by the legislative 
 32.30  commission on Minnesota resources.  The 
 32.31  metropolitan council shall collect and 
 32.32  digitize all local, regional, state and 
 32.33  federal parks and all off-road trails 
 32.34  with connecting on-road routes for the 
 32.35  Metropolitan area and produce a printed 
 32.36  map.  This project must be completed 
 32.37  and final products delivered by June 
 32.38  30, 2000, and the appropriation is 
 32.39  available until that date. 
 32.40  (c) LOCAL INITIATIVES GRANTS 
 32.41  PROGRAM                                2,900,000 
 32.42  This appropriation is from the future 
 32.43  resources fund to the commissioner of 
 32.44  natural resources to provide matching 
 32.45  grants, as follows:  
 32.46  (1) $600,000 to local units of 
 32.47  government for local park and 
 32.48  recreation areas pursuant to Minnesota 
 32.49  Statutes, section 85.019.  $50,000 of 
 32.50  this appropriation is to complete the 
 32.51  Larue public water access. 
 32.52  (2) $600,000 to local units of 
 32.53  government for natural and scenic areas 
 32.54  pursuant to Minnesota Statutes, section 
 32.55  85.019. 
 32.56  (3) $900,000 for trail grants to local 
 32.57  units of government on land to be 
 32.58  maintained for at least 20 years for 
 32.59  the purposes of the grant.  $200,000 is 
 32.60  for grants of up to $50,000 per project 
 32.61  for trail linkages between communities, 
 32.62  trails, and parks, and $700,000 is for 
 32.63  grants of up to $250,000 for locally 
 32.64  funded trails of regional 
 33.1   significance.  $250,000 is to provide 
 33.2   matching funds for an ISTEA grant to 
 33.3   provide easement acquisition and 
 33.4   engineering costs for a proposed trail 
 33.5   between the city of Pelican Rapids and 
 33.6   Maplewood state park. 
 33.7   (4) $600,000 for a statewide 
 33.8   conservation partners program, to 
 33.9   encourage private organizations and 
 33.10  local governments to cost share 
 33.11  improvement of fish, wildlife, and 
 33.12  native plant habitats and research and 
 33.13  surveys of fish and wildlife. 
 33.14  Conservation partners grants may be up 
 33.15  to $10,000 each. 
 33.16  (5) $200,000 for environmental 
 33.17  partnerships program grants of up to 
 33.18  $10,000 each for environmental service 
 33.19  projects and related education 
 33.20  activities through public and private 
 33.21  partnerships. 
 33.22  In addition to the required work 
 33.23  program, grants may not be approved 
 33.24  until grant proposals to be funded have 
 33.25  been submitted to the legislative 
 33.26  commission on Minnesota resources and 
 33.27  the commission has approved the grants 
 33.28  or allowed 60 days to pass.  The above 
 33.29  appropriations, in combination, are 
 33.30  available half for the metropolitan 
 33.31  area as defined in Minnesota Statutes, 
 33.32  section 473.121, subdivision 2, and 
 33.33  half for outside of the metropolitan 
 33.34  area.  For the purpose of this 
 33.35  paragraph, the match must be nonstate 
 33.36  contributions, but may be either cash 
 33.37  or in-kind.  This project must be 
 33.38  completed and final products delivered 
 33.39  by June 30, 2000, and the appropriation 
 33.40  is available until that date. 
 33.41  (d) BORDER-TO-BORDER TRAIL 
 33.42  STUDY                                    100,000 
 33.43  This appropriation is from the future 
 33.44  resources fund to the commissioner of 
 33.45  natural resources for the 
 33.46  border-to-border trail study of the 
 33.47  trails and waterways division.  The 
 33.48  border-to-border trail study shall 
 33.49  inventory and integrate local, 
 33.50  regional, and state trail systems and 
 33.51  plan for future development, including 
 33.52  identifying abandoned rail lines and 
 33.53  dual treadways.  The Minnesota 
 33.54  recreational trail users association 
 33.55  (MURTA) shall serve as the advisory 
 33.56  group to the department of natural 
 33.57  resources in developing the study and 
 33.58  plan. The appropriation is available 
 33.59  until June 30, 1999. 
 33.60  Subd. 5.  Historic Sites 
 33.61  (a) FORT SNELLING STATE PARK - UPPER 
 33.62  BLUFF UTILIZATION AND AYH HOSTEL         250,000 
 33.63  This appropriation is from the future 
 34.1   resources fund to the commissioner of 
 34.2   natural resources for a cooperative 
 34.3   project with Hostelling International 
 34.4   and community cooperators to develop a 
 34.5   conceptual utilization plan for the 
 34.6   Upper Bluff Area, assess buildings for 
 34.7   potential hostel use, and complete the 
 34.8   design and construction documents for a 
 34.9   building or buildings for future 
 34.10  renovation as a hostel.  This 
 34.11  appropriation must be matched by at 
 34.12  least $20,000 of nonstate money. 
 34.13  (b) PROTECTING RURAL HISTORIC 
 34.14  LANDSCAPES IN HIGH DEVELOPMENT AREAS      80,000 
 34.15  This appropriation is from the trust 
 34.16  fund to the Minnesota Historical 
 34.17  Society to document resources and 
 34.18  prepare a management plan for 
 34.19  historical agricultural landscapes in 
 34.20  the St. Cloud-Rochester growth corridor.
 34.21  (c) JEFFERS PETROGLYPHS ENVIRONMENTAL 
 34.22  ASSESSMENT AND PRAIRIE RESTORATION       125,000 
 34.23  This appropriation is from the future 
 34.24  resources fund to the Minnesota 
 34.25  Historical Society to establish an 
 34.26  environmental monitoring program and 
 34.27  assess environmental effects on the 
 34.28  petroglyphs and restore native prairie 
 34.29  to parts of this state site. 
 34.30  (d) DEVELOPMENT OF BIRCH COULEE STATE 
 34.31  HISTORIC SITE                            253,000 
 34.32  This appropriation is from the trust 
 34.33  fund to the Minnesota Historical 
 34.34  Society to improve public access to the 
 34.35  state historic site at Birch Coulee, 
 34.36  with self-guided trails, interpretive 
 34.37  markers, and basic visitor amenities. 
 34.38  (e) WHITE OAK LEARNING CENTER 
 34.39  ENVIRONMENTAL AWARENESS 
 34.40  THROUGH HISTORY                          120,000 
 34.41  This appropriation is from the future 
 34.42  resources fund to the commissioner of 
 34.43  natural resources for an agreement with 
 34.44  the White Oak Society, Inc., to create 
 34.45  an education program integrating 
 34.46  environmental education into 
 34.47  historical, cultural, and social 
 34.48  contexts. 
 34.49  (f) HISTORICAL AND CULTURAL MUSEUM ON 
 34.50  VERMILION LAKE INDIAN RESERVATION        100,000 
 34.51  This appropriation is from the future 
 34.52  resources fund to the Minnesota 
 34.53  Historical Society for an agreement 
 34.54  with Bois Forte Reservation to design 
 34.55  and construct a historical museum for 
 34.56  cultural interpretation adjacent to an 
 34.57  historic gold mine and fur trade post 
 34.58  on Lake Vermilion.  As an additional 
 34.59  condition of acceptance of this 
 34.60  appropriation, this facility may not be 
 34.61  used for any form of gambling or the 
 35.1   promotion of gambling.  This 
 35.2   appropriation must be matched by at 
 35.3   least $100,000 of nonstate money. 
 35.4   (g) NATIVE AMERICAN PERSPECTIVE OF 
 35.5   THE HISTORIC NORTH SHORE                  60,000 
 35.6   This appropriation is from the future 
 35.7   resources fund to the Minnesota 
 35.8   Historical Society for an agreement 
 35.9   with the Sugarloaf Interpretive Center 
 35.10  Association for an interpretive study 
 35.11  of Native Americans on the North Shore 
 35.12  of Lake Superior in cooperation with 
 35.13  Native American bands.  This 
 35.14  appropriation must be matched by at 
 35.15  least $30,000 of nonstate money. 
 35.16  (h) SOUDAN UNDERGROUND PHYSICS 
 35.17  LABORATORY EXPANSION                     400,000 
 35.18  This appropriation is from the future 
 35.19  resources fund to the University of 
 35.20  Minnesota to assist in the construction 
 35.21  of the Soudan Mine facilities for 
 35.22  scientific interpretation. 
 35.23  Subd. 6.  Water Resources 
 35.24  (a) ON-SITE SEWAGE TREATMENT 
 35.25  ALTERNATIVES AND TECHNOLOGY 
 35.26  TRANSFER                                 500,000 
 35.27  This appropriation is from the future 
 35.28  resources fund to the pollution control 
 35.29  agency for the second biennium to 
 35.30  evaluate alternative on-site sewage 
 35.31  treatment systems for cost-effective 
 35.32  removal of pathogenic bacteria, viruses 
 35.33  and nutrients. 
 35.34  (b) NITRATE EDUCATION AND TESTING        150,000 
 35.35  This appropriation is from the trust 
 35.36  fund to the commissioner of agriculture 
 35.37  to accelerate knowledge of nitrate 
 35.38  levels in private drinking water 
 35.39  supplies through development of water 
 35.40  testing clinics for rural well owners 
 35.41  and education programs.  This 
 35.42  appropriation must be matched by at 
 35.43  least $50,000 from the agriculture 
 35.44  fertilizer inspection account. 
 35.45  (c) SNAKE RIVER WATERSHED BMPS           100,000 
 35.46  This appropriation is from the trust 
 35.47  fund to the board of water and soil 
 35.48  resources for an agreement with the 
 35.49  Snake River Watershed Management Board 
 35.50  to accelerate the implementation of the 
 35.51  1996 Snake River Watershed Management 
 35.52  Plan. 
 35.53  (d) EVALUATION OF WATERSHED BASED 
 35.54  WATERSHED DISTRICT MANAGEMENT            150,000 
 35.55  This appropriation is from the future 
 35.56  resources fund to the board of water 
 35.57  and soil resources for an agreement 
 35.58  with the Minnesota Association of 
 36.1   Watershed Districts to evaluate the 
 36.2   effectiveness of water quality 
 36.3   management by watershed districts.  
 36.4   This appropriation must be matched by 
 36.5   at least $75,000 of nonstate money. 
 36.6   (e) RED RIVER VALLEY PLANNING 
 36.7   AND MANAGEMENT                           375,000 
 36.8   This appropriation is from the trust 
 36.9   fund to the pollution control agency to 
 36.10  create an ecosystem management plan for 
 36.11  the Red River Valley, integrating land 
 36.12  and water basin management strategies 
 36.13  in cooperation with interstate and 
 36.14  international organizations. 
 36.15  (f) SUSTAINABLE LAKE PLANS               270,000 
 36.16  This appropriation is from the trust 
 36.17  fund to the University of Minnesota, 
 36.18  Center for Urban and Regional Affairs, 
 36.19  in cooperation with the Minnesota Lakes 
 36.20  Association, to develop education 
 36.21  programs and a comprehensive lake plan 
 36.22  in each of the state's five lake 
 36.23  regions. 
 36.24  (g) LAKESHORE RESTORATION - MINNEAPOLIS 
 36.25  CHAIN OF LAKES                           300,000 
 36.26  This appropriation is from the trust 
 36.27  fund to the commissioner of natural 
 36.28  resources for an agreement with the 
 36.29  Minneapolis Park and Recreation Board 
 36.30  to restore native plants on lake shores 
 36.31  of the chain of lakes to improve water 
 36.32  quality, wildlife habitat, and decrease 
 36.33  erosion.  This appropriation must be 
 36.34  matched by at least $150,000 of 
 36.35  nonstate money. 
 36.36  (h) ATMOSPHERIC AND NONPOINT POLLUTION 
 36.37  TRENDS IN MINNESOTA LAKES                325,000 
 36.38  This appropriation is from the trust 
 36.39  fund to the pollution control agency to 
 36.40  document geographic and historic trends 
 36.41  in lake eutrophication and inputs of 
 36.42  toxic metals and organic pollutants 
 36.43  from land-use impacts and atmospheric 
 36.44  sources.  This appropriation is 
 36.45  available until June 30, 2000, at which 
 36.46  time the project must be completed and 
 36.47  final products delivered, unless an 
 36.48  earlier date is specified in the work 
 36.49  program. 
 36.50  Subd. 7.  Agricultural Practices 
 36.51  (a) BIOLOGICAL CONTROL OF 
 36.52  AGRICULTURAL PESTS                       200,000 
 36.53  This appropriation is from the trust 
 36.54  fund to the University of Minnesota to 
 36.55  accelerate using biological control of 
 36.56  pests in agricultural production 
 36.57  systems.  This appropriation is 
 36.58  available until June 30, 2000, at which 
 36.59  time the project must be completed and 
 36.60  final products delivered, unless an 
 37.1   earlier date is specified in the work 
 37.2   program. 
 37.3   (b) CROP MANAGEMENT TO MINIMIZE 
 37.4   PESTICIDE INPUTS                         300,000 
 37.5   This appropriation is from the trust 
 37.6   fund to the University of Minnesota to 
 37.7   develop nonpesticide management 
 37.8   strategies for pest control for crops. 
 37.9   (c) SUSTAINABLE FARMING SYSTEMS          560,000 
 37.10  This appropriation is from the trust 
 37.11  fund to the University of Minnesota for 
 37.12  a comprehensive program of 
 37.13  complementary on-farm and experiment 
 37.14  station research, demonstration, and 
 37.15  educational activities about the 
 37.16  economic and environmental effects of 
 37.17  sustainable farming systems. 
 37.18  (d) PRAIRIE-GRASSLAND LANDSCAPES         125,000 
 37.19  This appropriation is from the trust 
 37.20  fund to the commissioner of natural 
 37.21  resources for the second biennium to 
 37.22  implement grassland ecosystem 
 37.23  stewardship activities in the Glacial 
 37.24  Lake Agassiz Interbeach area in 
 37.25  cooperation with the resource 
 37.26  conservation and development councils. 
 37.27  (e) REDUCING MINNESOTA RIVER 
 37.28  POLLUTION FROM LACUSTRINE SOILS          250,000 
 37.29  This appropriation is from the future 
 37.30  resources fund to the commissioner of 
 37.31  agriculture in cooperation with the 
 37.32  University of Minnesota for the second 
 37.33  biennium to research the impact of 
 37.34  farming systems utilizing crop residue 
 37.35  for sediment control on lacustrine 
 37.36  landscapes in the Minnesota River Basin.
 37.37  (f) MERCURY MANOMETERS                   250,000 
 37.38  This appropriation is from the future 
 37.39  resources fund to the commissioner of 
 37.40  agriculture for the purposes of 
 37.41  Minnesota Statutes, sections 17.861, 
 37.42  115A.932, and 116.92, and is available 
 37.43  until June 30, 1999. 
 37.44  Subd. 8.  Pollution Prevention 
 37.45  (a) TOXIC EMISSIONS FROM FIRE 
 37.46  TRAINING                                  65,000 
 37.47  This appropriation is from the trust 
 37.48  fund to metropolitan state university 
 37.49  to identify and quantify toxic 
 37.50  emissions from live-burn training in 
 37.51  acquired structures to evaluate and 
 37.52  propose alternatives.  This 
 37.53  appropriation is available until June 
 37.54  30, 2000, at which time the project 
 37.55  must be completed and final products 
 37.56  delivered, unless an earlier date is 
 37.57  specified in the work program. 
 38.1   (b) POLLUTION PREVENTION TRAINING 
 38.2   PROGRAM FOR INDUSTRIAL EMPLOYEES         200,000 
 38.3   This appropriation is from the future 
 38.4   resources fund to the director of the 
 38.5   office of environmental assistance for 
 38.6   agreements with Citizens for a Better 
 38.7   Environment and the University of 
 38.8   Minnesota to provide the training and 
 38.9   technical assistance needed for 
 38.10  pollution prevention by industrial 
 38.11  employees. 
 38.12  Subd. 9.  Impacts on Natural Resources 
 38.13  (a) GRANTS TO LOCAL GOVERNMENTS 
 38.14  TO ASSIST NATURAL RESOURCE
 38.15  DECISION MAKING                          150,000 
 38.16  This appropriation is from the future 
 38.17  resources fund to the board of water 
 38.18  and soil resources for matching grants 
 38.19  to local governments to help enable 
 38.20  incorporation of impacts on natural 
 38.21  resources into local decision making. 
 38.22  (b) EVALUATION OF URBAN GROWTH 
 38.23  ECONOMIC AND ENVIRONMENTAL 
 38.24  COSTS AND BENEFITS                       275,000 
 38.25  This appropriation is from the future 
 38.26  resources fund to the director of the 
 38.27  office of strategic and long-range 
 38.28  planning for an agreement with 
 38.29  Minnesotans for an energy-efficient 
 38.30  economy to evaluate the benefits, 
 38.31  costs, and environmental impacts of 
 38.32  alternative urban and rural growth 
 38.33  patterns. 
 38.34  (c) REINVENTING THE AGRICULTURAL LAND 
 38.35  PRESERVATION PROGRAM                     100,000 
 38.36  This appropriation is from the future 
 38.37  resources fund to the commissioner of 
 38.38  agriculture to evaluate the 
 38.39  effectiveness of Minnesota s 
 38.40  agricultural land preservation 
 38.41  programs, and identify and quantify 
 38.42  fiscal impacts of rural sprawl.  This 
 38.43  appropriation must be matched by at 
 38.44  least $100,000 of nonstate money or 
 38.45  money from the Minnesota conservation 
 38.46  fund. 
 38.47  (d) NEW MODELS FOR LAND-USE 
 38.48  PLANNING                                 530,000 
 38.49  This appropriation is from the trust 
 38.50  fund to the commissioner of natural 
 38.51  resources for an agreement with the 
 38.52  Land Stewardship Project for planning, 
 38.53  inventory, technical assistance, and 
 38.54  education addressing voluntary 
 38.55  easements, purchase, and transfer of 
 38.56  development rights to create a 
 38.57  protected green corridor in Washington 
 38.58  and Chisago counties.  Up to $30,000 is 
 38.59  to provide training in adapting 
 38.60  holistic resource management concepts 
 38.61  and principles for decision making in 
 39.1   land use planning. 
 39.2   (e) NORTH MINNEAPOLIS UPPER RIVER 
 39.3   MASTER PLAN                              300,000 
 39.4   This appropriation is from the future 
 39.5   resources fund to the commissioner of 
 39.6   natural resources for an agreement with 
 39.7   the Minneapolis Park and Recreation 
 39.8   Board to develop a master plan 
 39.9   addressing greenspace and trail 
 39.10  development, riverbank restoration, and 
 39.11  stimulation of river-oriented land uses 
 39.12  within a corridor along the east and 
 39.13  west banks of the Mississippi River 
 39.14  from Plymouth Avenue north to the 
 39.15  Minneapolis city limits.  This 
 39.16  appropriation must be matched by at 
 39.17  least $100,000 of nonstate money. 
 39.18  (f) PREVENTING STORMWATER RUNOFF 
 39.19  PROBLEMS THROUGH WATERSHED 
 39.20  LAND DESIGN                              280,000 
 39.21  This appropriation is from the future 
 39.22  resources fund to the University of 
 39.23  Minnesota to develop watershed-based 
 39.24  land design models for preserving 
 39.25  habitat and traditional patterns, and 
 39.26  preventing flooding and water quality 
 39.27  degradation. 
 39.28  (g) MILLER CREEK MANAGEMENT              100,000 
 39.29  This appropriation is from the future 
 39.30  resources fund to the board of water 
 39.31  and soil resources for agreements with 
 39.32  the Miller Creek Task Force and the 
 39.33  natural resources research institute.  
 39.34  $25,000 is available to the Miller 
 39.35  Creek Task Force to begin the project 
 39.36  to implement water quality improvement 
 39.37  activities on Miller Creek.  The 
 39.38  remaining $75,000 is contingent on the 
 39.39  formation of a watershed district or a 
 39.40  joint powers agreement in place by 
 39.41  January 1998, and a match of at least 
 39.42  $25,000 of nonstate money and $25,000 
 39.43  of additional activity being provided 
 39.44  by the natural resources research 
 39.45  institute or other sources.  Up to 
 39.46  $25,000 of the remaining $75,000 is for 
 39.47  an agreement with the natural resources 
 39.48  research institute for research 
 39.49  activities. 
 39.50  (h) TROUT HABITAT PRESERVATION   
 39.51  USING ALTERNATIVE WATERSHED
 39.52  MANAGEMENT PRACTICES                     250,000 
 39.53  This appropriation is from the future 
 39.54  resources fund to the board of water 
 39.55  and soil resources to implement 
 39.56  alternative watershed management 
 39.57  practices to preserve the lower reaches 
 39.58  of Browns Creek as trout habitat. 
 39.59  Subd. 10.  Decision-Making Tools
 39.60  (a) COMPARATIVE RISKS OF MULTIPLE 
 39.61  CHEMICAL EXPOSURES                       150,000 
 40.1   This appropriation is from the future 
 40.2   resources fund to the commissioner of 
 40.3   health to develop comparative risk 
 40.4   information for managing exposures to 
 40.5   multiple environmental hazards from 
 40.6   measurements of pesticides, volatile 
 40.7   organic compounds, and metals in soil, 
 40.8   air, water, and food. 
 40.9   (b) METROPOLITAN AREA GROUNDWATER 
 40.10  MODEL                                    300,000 
 40.11  This appropriation is from the trust 
 40.12  fund to the pollution control agency 
 40.13  for the second biennium to improve and 
 40.14  refine the metropolitan groundwater 
 40.15  model to improve contaminant tracking, 
 40.16  cleanup evaluation, and overall 
 40.17  protection of groundwater resources. 
 40.18  (c) WOLF MANAGEMENT PLAN                 100,000 
 40.19  This appropriation is from the future 
 40.20  resources fund to the commissioner of 
 40.21  natural resources to develop a 
 40.22  management plan for Minnesota wolves, 
 40.23  to be ready for implementation if the 
 40.24  Eastern Timberwolf is removed from the 
 40.25  federal endangered species list. 
 40.26  (d) MINNESOTA RIVER BASIN NATURAL 
 40.27  RESOURCE DATA                            250,000 
 40.28  This appropriation is from the trust 
 40.29  fund to Mankato State University in 
 40.30  cooperation with the Minnesota River 
 40.31  Basin Joint Powers Board to prepare 
 40.32  geographic information system data sets 
 40.33  for the 1,208 minor watersheds, provide 
 40.34  Internet access to the data, and 
 40.35  outreach training.  This appropriation 
 40.36  must be matched by at least $100,000 of 
 40.37  nonstate money. 
 40.38  (e) LAND USE DEVELOPMENT AND NATURAL 
 40.39  RESOURCE PROTECTION MODEL                400,000 
 40.40  This appropriation is from the trust 
 40.41  fund to the commissioner of natural 
 40.42  resources for an agreement with the 
 40.43  city of Winona to develop a geographic 
 40.44  information system implementation tool 
 40.45  to assist in the evaluation of natural 
 40.46  resource protection in land use 
 40.47  decision making by local governments.  
 40.48  This appropriation must be matched by 
 40.49  at least $88,000 of nonstate money. 
 40.50  (f) STATEWIDE DIGITAL SOIL 
 40.51  DATABASE - PHASE I                       145,000 
 40.52  This appropriation is from the future 
 40.53  resources fund to the board of water 
 40.54  and soil resources for the first 
 40.55  biennium for a pilot program to 
 40.56  investigate methods to digitize data 
 40.57  from older soil surveys and to 
 40.58  coordinate soil survey digitizing in at 
 40.59  least one county on a 50 percent cost 
 40.60  share basis.  Up to $30,000 of this 
 41.1   appropriation is for digitization and 
 41.2   must be matched by nonstate money by 
 41.3   April 30, 1999. 
 41.4   (g) FILLMORE COUNTY SOIL 
 41.5   SURVEY UPDATE                             65,000 
 41.6   This appropriation is from the trust 
 41.7   fund to the board of water and soil 
 41.8   resources to provide half of the 
 41.9   nonfederal share for the second year of 
 41.10  a six-year project to update the 
 41.11  Fillmore county soil survey into a 
 41.12  digitized and manuscript format. 
 41.13  Subd. 11.  Public Access to Natural
 41.14  Resource Data 
 41.15  (a) FOUNDATIONS FOR INTEGRATED ACCESS 
 41.16  TO ENVIRONMENTAL INFORMATION             650,000 
 41.17  This appropriation is from the future 
 41.18  resources fund to the director of the 
 41.19  office of strategic and long-range 
 41.20  planning for a collaborative effort 
 41.21  among natural resource agencies to 
 41.22  design, develop, and test a solution to 
 41.23  provide integrated electronic access to 
 41.24  environmental and natural resource 
 41.25  data.  These data must be made 
 41.26  accessible and free to the public 
 41.27  unless made private under the Data 
 41.28  Practices Act. 
 41.29  (b) PUBLIC ACCESS TO ARCHAEOLOGICAL 
 41.30  KNOWLEDGE                                200,000 
 41.31  This appropriation is from the future 
 41.32  resources fund to the Minnesota 
 41.33  Historical Society for an agreement 
 41.34  with the Institute for Minnesota 
 41.35  Archaeology to enhance and provide 
 41.36  public electronic access to regional 
 41.37  archaeological data that have been 
 41.38  acquired or maintained with public 
 41.39  money. 
 41.40  Subd. 12.  Sustainable Development 
 41.41  Activities 
 41.42  (a) SUSTAINABLE DEVELOPMENT ASSISTANCE 
 41.43  FOR MUNICIPALITIES THROUGH ELECTRIC 
 41.44  UTILITIES                                240,000 
 41.45  This appropriation is from the future 
 41.46  resources fund to the commissioner of 
 41.47  administration for an agreement with 
 41.48  the Minnesota Municipal Utilities 
 41.49  Association to provide decision-making 
 41.50  tools, technical information, and 
 41.51  expert assistance to advance 
 41.52  sustainable renewable energy and energy 
 41.53  efficiency developments and implement 
 41.54  demonstration projects in at least four 
 41.55  communities.  This appropriation must 
 41.56  be matched by at least $250,000 in 
 41.57  nonstate money. 
 41.58  (b) RENEWABLE ENERGY DEMONSTRATION 
 41.59  AND EDUCATION IN STATE PARKS             230,000 
 42.1   $80,000 of this appropriation is from 
 42.2   the trust fund and $150,000 is from oil 
 42.3   overcharge money to the commissioner of 
 42.4   natural resources for an agreement with 
 42.5   the Center for Energy and Environment 
 42.6   to demonstrate cost-effective 
 42.7   applications of renewable energy 
 42.8   technologies in state parks by 
 42.9   developing technology selection 
 42.10  guidelines, installing projects in 
 42.11  state parks, and providing public 
 42.12  renewable energy education.  This 
 42.13  appropriation is available until June 
 42.14  30, 2000, at which time the project 
 42.15  must be completed and final products 
 42.16  delivered, unless an earlier date is 
 42.17  specified in the work program. 
 42.18  (c) ALFALFA BIOMASS PRODUCTION           200,000 
 42.19  This appropriation is from the future 
 42.20  resources fund to the University of 
 42.21  Minnesota for the evaluation of the 
 42.22  environmental impacts and benefits of 
 42.23  the production of alfalfa for 
 42.24  electrical power generation.  This 
 42.25  appropriation is available until June 
 42.26  30, 2000, at which time the project 
 42.27  must be completed and final products 
 42.28  delivered, unless an earlier date is 
 42.29  specified in the work program. 
 42.30  (d) SUSTAINABLE DEVELOPMENT OF WIND 
 42.31  ENERGY ON FAMILY FARMS                   200,000 
 42.32  This appropriation is from the future 
 42.33  resources fund to the commissioner of 
 42.34  administration for an agreement with 
 42.35  the Sustainable Resources Center for 
 42.36  the second biennium to provide 
 42.37  technical assistance, wind assessment, 
 42.38  and technology transfer for the 
 42.39  development of wind energy harvesting. 
 42.40  (e) CONNECTING PEOPLE AND PLACES 
 42.41  THROUGH YELLOW BIKES                      95,000 
 42.42  This appropriation is from the future 
 42.43  resources fund to the office of 
 42.44  environmental assistance for an 
 42.45  agreement with the Yellow Bike 
 42.46  Coalition to expand and develop a 
 42.47  bicycle recycling and transportation 
 42.48  program in at least three cities. 
 42.49  (f) SUSTAINABLE GARDENING FOR MINNESOTA 
 42.50  HOMES AND COMMUNITIES                    400,000 
 42.51  This appropriation is from the future 
 42.52  resources fund to the commissioner of 
 42.53  natural resources for an agreement with 
 42.54  the Sustainable Resources Center for 
 42.55  the fifth biennium to accelerate 
 42.56  community garden programs through 
 42.57  technical assistance to encourage 
 42.58  ecologically sound landscape plantings 
 42.59  and maintenance.  Up to $60,000 is to 
 42.60  provide a link between sustainable 
 42.61  agriculture farmers and urban consumers.
 42.62  (g) ECONOMICS FOR LASTING 
 43.1   PROGRESS                                 250,000 
 43.2   This appropriation is from the future 
 43.3   resources fund to the director of the 
 43.4   office of strategic and long-range 
 43.5   planning for an assessment of how 
 43.6   economic indicators and policies reward 
 43.7   or discourage pollution, employment, 
 43.8   and sustainable resource use in 
 43.9   Minnesota. 
 43.10  (h) SOY-BASED DIESEL FUEL 
 43.11  STUDY                                     83,000 
 43.12  This appropriation is from the future 
 43.13  resources fund to the commissioner of 
 43.14  agriculture, in cooperation with one or 
 43.15  more commissioners of appropriate state 
 43.16  agencies, for a pilot project to test 
 43.17  the use of soy-based biodiesel fuel to 
 43.18  operate fleet vehicles.  The study must 
 43.19  include an analysis of the 
 43.20  environmental effects, operational 
 43.21  characteristics, and obstacles to widen 
 43.22  use of soy-based biodiesel. 
 43.23  Subd. 13.  Environmental Education 
 43.24  (a) SCHOOL NATURE AREA PROJECT 
 43.25  (SNAP)                                   250,000 
 43.26  This appropriation is from the trust 
 43.27  fund to the commissioner of natural 
 43.28  resources for an agreement with St. 
 43.29  Olaf College for the second biennium to 
 43.30  accelerate partnerships between 
 43.31  institutions of higher education and 
 43.32  schools to develop school nature areas 
 43.33  and demonstrate methods of ecological 
 43.34  enhancement for integration into school 
 43.35  curriculum. 
 43.36  (b) WATERSHED SCIENCE: INTEGRATED 
 43.37  RESEARCH AND EDUCATION PROGRAM           500,000 
 43.38  This appropriation is from the future 
 43.39  resources fund to the Science Museum of 
 43.40  Minnesota to establish a long-term 
 43.41  monitoring program for the Valley Creek 
 43.42  watershed, develop a public geographic 
 43.43  information system laboratory, and 
 43.44  watershed science education programs. 
 43.45  (c) MINNESOTA FROG WATCH                 300,000 
 43.46  This appropriation is from the trust 
 43.47  fund to the commissioner of natural 
 43.48  resources for an agreement with the 
 43.49  Center for Global Environmental 
 43.50  Education, Hamline University, for the 
 43.51  second biennium to accelerate the 
 43.52  Minnesota frog watch environmental 
 43.53  education and monitoring program for 
 43.54  youth and families in formal and 
 43.55  nonformal education settings.  This 
 43.56  appropriation is available until June 
 43.57  30, 2000, at which time the project 
 43.58  must be completed and final products 
 43.59  delivered, unless an earlier date is 
 43.60  specified in the work program. 
 44.1   (d) ENVIRONMENTAL SERVICE LEARNING 
 44.2   PROJECTS IN MINNEAPOLIS SCHOOLS          100,000 
 44.3   This appropriation is from the future 
 44.4   resources fund to the commissioner of 
 44.5   natural resources for an agreement with 
 44.6   Eco Education to provide training and 
 44.7   minigrants for student service learning 
 44.8   projects.  This appropriation is 
 44.9   available until June 30, 2000, at which 
 44.10  time the project must be completed and 
 44.11  final products delivered, unless an 
 44.12  earlier date is specified in the work 
 44.13  program. 
 44.14  (e) PARTNERS IN ACCESSIBLE RECREATION 
 44.15  AND ENVIRONMENTAL RESPONSIBILITY         550,000 
 44.16  This appropriation is from the trust 
 44.17  fund to the commissioner of natural 
 44.18  resources for an agreement with 
 44.19  Wilderness Inquiry for the second 
 44.20  biennium to provide a statewide program 
 44.21  of environmental education, outdoor 
 44.22  recreation, and inclusion of people 
 44.23  with disabilities and other minority 
 44.24  groups. 
 44.25  (f) ENVIRONMENTAL SERVICE 
 44.26  LEARNING                                 100,000 
 44.27  This appropriation is from the trust 
 44.28  fund to the commissioner of natural 
 44.29  resources for an agreement with Stowe 
 44.30  Environmental Elementary School to 
 44.31  develop a partnership of schools, 
 44.32  communities, and agencies for 
 44.33  environmental service learning projects.
 44.34  (g) STATE WOLF MANAGEMENT: ELECTRONICALLY 
 44.35  MODERATING THE PUBLIC DISCUSSION         100,000 
 44.36  This appropriation is from the trust 
 44.37  fund to the commissioner of natural 
 44.38  resources for an agreement with the 
 44.39  International Wolf Center to provide a 
 44.40  public electronic forum and information 
 44.41  on wolf management.  This appropriation 
 44.42  must be matched by at least $20,000 of 
 44.43  nonstate money. 
 44.44  (h) CATCH AND RELEASE                     20,000 
 44.45  This appropriation is from the future 
 44.46  resources fund to the commissioner of 
 44.47  natural resources for an agreement with 
 44.48  the Rainy Lake Sportfishing Club to 
 44.49  accelerate its catch and release 
 44.50  program.  This appropriation must be 
 44.51  matched by at least $10,000 of nonstate 
 44.52  contributions, either cash or in-kind. 
 44.53  (i) ELECTRONIC ENVIRONMENTAL 
 44.54  EDUCATION RAPTOR NETWORK                 222,000 
 44.55  This appropriation is from the trust 
 44.56  fund to the University of Minnesota 
 44.57  raptor center for the second biennium 
 44.58  to implement an electronic 
 44.59  environmental education network using 
 44.60  satellite tracking with birds of prey.  
 45.1   The raptor center must seek additional 
 45.2   public and private partnerships. 
 45.3   (j) GREEN PRINT SUCCESS                  136,000 
 45.4   This appropriation is from the future 
 45.5   resources fund to the commissioner of 
 45.6   natural resources for an agreement with 
 45.7   Ramsey county parks and recreation 
 45.8   department for a cooperative project 
 45.9   including environmental learning 
 45.10  centers, counties, and school districts 
 45.11  to prepare, pilot, and disseminate 
 45.12  information on successful 
 45.13  implementation of the Minnesota green 
 45.14  print plan for environmental education. 
 45.15  (k) ST. PAUL AND MINNEAPOLIS REGIONAL   
 45.16  PARK URBAN INTERPRETATION PROGRAM        200,000 
 45.17  This appropriation is from the future 
 45.18  resources fund to the commissioner of 
 45.19  natural resources for an agreement with 
 45.20  the city of St. Paul, division of parks 
 45.21  and recreation, for a program to 
 45.22  increase utilization of St. Paul and 
 45.23  Minneapolis regional parks for 
 45.24  environmental education activities. 
 45.25  Subd. 14.  Benchmarks and Indicators 
 45.26  (a) ENVIRONMENTAL INDICATORS 
 45.27  INITIATIVE-CONTINUATION                  250,000 
 45.28  This appropriation is from the trust 
 45.29  fund to the commissioner of natural 
 45.30  resources for the second biennium of a 
 45.31  three biennium project to create a 
 45.32  statewide framework for selecting and 
 45.33  monitoring environmental indicators to 
 45.34  assess and communicate Minnesota's 
 45.35  environmental health status and trends. 
 45.36  (b) MINNESOTA'S FOREST BIRD DIVERSITY 
 45.37  INITIATIVE:  CONTINUATION                 350,000 
 45.38  This appropriation is from the trust 
 45.39  fund to the commissioner of natural 
 45.40  resources for the fourth biennium of a 
 45.41  six-biennium project for a 
 45.42  comprehensive monitoring and research 
 45.43  program that develops management tools 
 45.44  to maintain forest bird diversity.  
 45.45  This appropriation is available until 
 45.46  June 30, 2000, at which time the 
 45.47  project must be completed and final 
 45.48  products delivered, unless an earlier 
 45.49  date is specified in the work program. 
 45.50  (c) WATER QUALITY INDICATORS OF 
 45.51  ENDOCRINE DISRUPTING CHEMICALS           250,000 
 45.52  This appropriation is from the trust 
 45.53  fund to the pollution control agency to 
 45.54  monitor and research the effects of 
 45.55  endocrine disrupting chemicals in 
 45.56  surface waters on fish and wildlife 
 45.57  through analysis of biological effects. 
 45.58  (d) STREAM HABITAT PROTECTION:  
 45.59  CONTINUATION                             225,000 
 46.1   This appropriation is from the trust 
 46.2   fund to the commissioner of natural 
 46.3   resources to accelerate the stream flow 
 46.4   protection program.  This is the third 
 46.5   biennium of a proposed eight-biennium 
 46.6   effort to establish a watershed level 
 46.7   stream habitat database and develop the 
 46.8   tools to set protected flows for 
 46.9   ecosystem diversity.  This 
 46.10  appropriation is available until June 
 46.11  30, 2000, at which time the project 
 46.12  must be completed and final products 
 46.13  delivered, unless an earlier date is 
 46.14  specified in the work program. 
 46.15  (e) WETLAND ECOSYSTEMS MONITORING        160,000 
 46.16  This appropriation is from the future 
 46.17  resources fund to the University of 
 46.18  Minnesota to monitor wetland 
 46.19  restorations for their ecological 
 46.20  success and develop a long-term 
 46.21  monitoring database. 
 46.22  (f) LOONS:  INDICATORS OF MERCURY 
 46.23  IN THE ENVIRONMENT                       230,000 
 46.24  This appropriation is from the trust 
 46.25  fund to the University of Minnesota to 
 46.26  analyze loon exposure to mercury and 
 46.27  its effects on loon health and 
 46.28  reproduction in the wild. 
 46.29  (g) TRAINING AND RESEARCH VESSEL FOR 
 46.30  LAKE SUPERIOR                            250,000 
 46.31  $130,000 of this appropriation is from 
 46.32  the trust fund and $120,000 of this 
 46.33  appropriation is from the Great Lakes 
 46.34  protection account to the University of 
 46.35  Minnesota-Duluth to purchase a vessel 
 46.36  for training and research on Lake 
 46.37  Superior.  This appropriation must be 
 46.38  matched by at least $250,000 of 
 46.39  nonstate money.  This appropriation is 
 46.40  available until June 30, 2000, at which 
 46.41  time the project must be completed and 
 46.42  final products delivered, unless an 
 46.43  earlier date is specified in the work 
 46.44  program. 
 46.45  Subd. 15.  Native Fisheries 
 46.46  (a) IMPROVED DECISIONS FOR WALLEYE 
 46.47  STOCKING AND SPECIAL REGULATIONS         245,000 
 46.48  This appropriation is from the future 
 46.49  resources fund to the University of 
 46.50  Minnesota to evaluate outcomes of 
 46.51  various stocking and harvest strategies 
 46.52  through modeling and genetic marker 
 46.53  tracking of the best performing strains 
 46.54  to maximize benefits of walleye 
 46.55  stocking and harvest regulations on 
 46.56  individual lakes.  This appropriation 
 46.57  is available until June 30, 2000, at 
 46.58  which time the project must be 
 46.59  completed and final products delivered, 
 46.60  unless an earlier date is specified in 
 46.61  the work program. 
 47.1   (b) MINNESOTA RARE MUSSEL 
 47.2   CONSERVATION                              91,000 
 47.3   This appropriation is from the trust 
 47.4   fund to the University of Minnesota to 
 47.5   establish and monitor refugia in the 
 47.6   St. Croix River to improve freshwater 
 47.7   mussel conservation. 
 47.8   Subd. 16.  Land Acquisition in High 
 47.9   Growth Areas 
 47.10  (a) SAND DUNES STATE FOREST 
 47.11  ACQUISITION                              400,000 
 47.12  This appropriation is from the trust 
 47.13  fund to the commissioner of natural 
 47.14  resources to acquire approximately 200 
 47.15  acres of lands within the Sand Dunes 
 47.16  State Forest, according to the 
 47.17  Cambridge area forest resource 
 47.18  management plan. 
 47.19  (b) ARBORETUM LAND ACQUISITION           450,000 
 47.20  This appropriation is from the trust 
 47.21  fund to the University of Minnesota for 
 47.22  a grant to the University of Minnesota 
 47.23  Landscape Arboretum Foundation for the 
 47.24  second biennium for land acquisition to 
 47.25  expand the boundary of the Minnesota 
 47.26  Landscape Arboretum.  This 
 47.27  appropriation must be matched by at 
 47.28  least $450,000 of nonstate money. 
 47.29  Subd. 17.  Critical Lands or Habitats 
 47.30  (a) SUSTAINABLE WOODLANDS ON PRIVATE 
 47.31  LANDS                                    875,000 
 47.32  This appropriation is from the future 
 47.33  resources fund to the commissioner of 
 47.34  natural resources, in cooperation with 
 47.35  the Minnesota Forestry Association, to 
 47.36  develop stewardship plans for private 
 47.37  landowners and implement natural 
 47.38  resource projects by providing matching 
 47.39  money to private landowners. 
 47.40  (b) CANNON RIVER WATERSHED: 
 47.41  INTEGRATED MANAGEMENT                    350,000
 47.42  This appropriation is from the future 
 47.43  resources fund to the board of water 
 47.44  and soil resources for an agreement 
 47.45  with the Cannon River Watershed 
 47.46  Partnership for the third biennium to 
 47.47  implement activities in the Cannon 
 47.48  River watershed through easements, 
 47.49  matching grants, and technical 
 47.50  assistance. 
 47.51  (c) PEATLAND RESTORATION                 275,000
 47.52  This appropriation is from the future 
 47.53  resources fund to the University of 
 47.54  Minnesota-Duluth, natural resources 
 47.55  research institute, to promote 
 47.56  reestablishment of diverse, sustainable 
 47.57  peatland ecosystems on harvested 
 47.58  peatland sites through accelerated 
 48.1   development of cost effective, reliable 
 48.2   peatland restoration techniques. 
 48.3   (d) PRAIRIE HERITAGE PROJECT             500,000 
 48.4   This appropriation is from the trust 
 48.5   fund to the commissioner of natural 
 48.6   resources for an agreement with 
 48.7   Pheasants Forever, Inc., to acquire and 
 48.8   develop land for prairie grasslands and 
 48.9   wetlands to be donated to the public.  
 48.10  The land must be open and accessible to 
 48.11  the public.  This appropriation must be 
 48.12  matched by at least $500,000 of 
 48.13  nonstate money.  In addition to the 
 48.14  required work program, parcels may not 
 48.15  be acquired until parcel lists have 
 48.16  been submitted to the legislative 
 48.17  commission on Minnesota resources and 
 48.18  the commission has approved the parcel 
 48.19  list or allowed 60 days to pass. 
 48.20  (e) PHALEN AREA WETLAND 
 48.21  RESTORATION, PHASE II                    600,000 
 48.22  This appropriation is from the trust 
 48.23  fund to the commissioner of natural 
 48.24  resources for an agreement with the 
 48.25  city of St. Paul for design, pre- and 
 48.26  post-construction monitoring, and 
 48.27  construction of approximately nine 
 48.28  acres of wetland. 
 48.29  (f) POINT DOUGLAS BLUFFLAND 
 48.30  ACQUISITION                              125,000 
 48.31  This appropriation is from the future 
 48.32  resources fund to the commissioner of 
 48.33  natural resources for an agreement with 
 48.34  the Carpenter St. Croix Valley Nature 
 48.35  Center to purchase blufflands along the 
 48.36  Mississippi and St. Croix riverways.  
 48.37  The land must be open and accessible to 
 48.38  the public.  The nature center must 
 48.39  provide that the property will revert 
 48.40  to the state if the property ceases to 
 48.41  be used as a nature center that is open 
 48.42  and accessible to the public at no 
 48.43  charge.  This appropriation is 
 48.44  available until June 30, 1999, at which 
 48.45  time the project must be completed and 
 48.46  final products delivered, unless an 
 48.47  earlier date is specified in the work 
 48.48  program. 
 48.49  (g) MINNESOTA POINT PROTECTION            75,000 
 48.50  This appropriation is from the future 
 48.51  resources fund to the commissioner of 
 48.52  natural resources for an agreement with 
 48.53  Park Point Community Club for 
 48.54  administrative and management expenses 
 48.55  to secure the protection of the old 
 48.56  growth stands and bird sanctuary at 
 48.57  Minnesota Point in Duluth. 
 48.58  (h) SAVANNAH RESTORATION FOR 
 48.59  SHARP-TAILED GROUSE                       30,000 
 48.60  This appropriation is from the future 
 48.61  resources fund to the commissioner of 
 49.1   natural resources for an agreement with 
 49.2   the Minnesota Sharp-Tailed Grouse 
 49.3   Society to identify and inventory 
 49.4   restorable northern savannahs for 
 49.5   sharp-tailed grouse habitat. 
 49.6   (i) RIM - CRITICAL HABITAT ACQUISITION 
 49.7   AND ENHANCEMENT                          630,000 
 49.8   This appropriation is from the trust 
 49.9   fund to the commissioner of natural 
 49.10  resources to accelerate the reinvest in 
 49.11  Minnesota program activities authorized 
 49.12  under Minnesota Statutes, section 
 49.13  84.943.  Projects must occur in both 
 49.14  urban and rural areas.  Retroactive 
 49.15  reimbursement for the greening the 
 49.16  great river park project is authorized. 
 49.17  (j) RIM - WILDLIFE HABITAT 
 49.18  STEWARDSHIP                              400,000 
 49.19  This appropriation is from the trust 
 49.20  fund to the commissioner of natural 
 49.21  resources to accelerate the reinvest in 
 49.22  Minnesota program to improve wildlife 
 49.23  habitat and natural plant communities 
 49.24  statewide on public lands, both urban 
 49.25  and rural, to protect and enhance 
 49.26  wildlife, native plant species, and 
 49.27  ecological diversity. 
 49.28  (k) SCIENTIFIC AND NATURAL AREA 
 49.29  ACQUISITION                              200,000 
 49.30  This appropriation is from the trust 
 49.31  fund to the commissioner of natural 
 49.32  resources to accelerate the acquisition 
 49.33  of land for scientific and natural 
 49.34  areas under Minnesota Statutes, section 
 49.35  84.033. 
 49.36  (l) RIM - WILDLIFE HABITAT 
 49.37  ACQUISITION                              500,000 
 49.38  This appropriation is from the trust 
 49.39  fund to the commissioner of natural 
 49.40  resources to accelerate acquisition of 
 49.41  North American waterfowl management 
 49.42  plan wetlands and associated uplands on 
 49.43  a cost-share basis and wildlife habitat 
 49.44  in areas of high population growth. 
 49.45  (m) RIM - ACCELERATE FISHERIES 
 49.46  ACQUISITION                              567,000 
 49.47  This appropriation is from the trust 
 49.48  fund to the commissioner of natural 
 49.49  resources to accelerate the reinvest in 
 49.50  Minnesota program to acquire land 
 49.51  adjacent to lakes and streams to 
 49.52  provide for angler and management 
 49.53  access or protection of critical 
 49.54  riparian habitat, including access for 
 49.55  nonboat owners and urban users.  This 
 49.56  appropriation is available until June 
 49.57  30, 2000, at which time the project 
 49.58  must be completed and final products 
 49.59  delivered, unless an earlier date is 
 49.60  specified in the work program. 
 50.1   (n) MINNESOTA COUNTY BIOLOGICAL 
 50.2   SURVEY - CONTINUATION                  1,200,000 
 50.3   This appropriation is from the trust 
 50.4   fund to the commissioner of natural 
 50.5   resources for the sixth biennium of a 
 50.6   proposed 12-biennium project to 
 50.7   accelerate the county biological survey 
 50.8   for the systematic collection, 
 50.9   interpretation, and distribution of 
 50.10  data on the ecology of rare plants, 
 50.11  animals, and natural communities. 
 50.12  (o) FISHING PIER AND PUBLIC 
 50.13  SHORE ACCESS                             355,000 
 50.14  This appropriation is from the trust 
 50.15  fund to the commissioner of natural 
 50.16  resources to provide increased access 
 50.17  to lakes and rivers statewide through 
 50.18  the provision of fishing piers and 
 50.19  shoreline access. 
 50.20  (p) PUBLIC BOAT ACCESS                   350,000 
 50.21  This appropriation is from the trust 
 50.22  fund to the commissioner of natural 
 50.23  resources to accelerate public water 
 50.24  access acquisition and development 
 50.25  statewide. 
 50.26  (q) FISHERIES STATEWIDE HATCHERY 
 50.27  REHABILITATION                           400,000 
 50.28  This appropriation is from the trust 
 50.29  fund to the commissioner of natural 
 50.30  resources to accelerate the reinvest in 
 50.31  Minnesota program to implement projects 
 50.32  to maintain and improve statewide fish 
 50.33  culture facilities.  This appropriation 
 50.34  is available until June 30, 2000, at 
 50.35  which time the project must be 
 50.36  completed and final products delivered, 
 50.37  unless an earlier date is specified in 
 50.38  the work program. 
 50.39  Subd. 18.  Wildlife or Trail Corridors 
 50.40  (a) MESABI TRAIL LAND ACQUISITION 
 50.41  AND DEVELOPMENT                          600,000 
 50.42  This appropriation is from the future 
 50.43  resources fund to the commissioner of 
 50.44  natural resources for an agreement with 
 50.45  the St. Louis and Lake Counties 
 50.46  Regional Rail Authority for the third 
 50.47  biennium to develop and acquire 
 50.48  segments of the Mesabi trail.  This 
 50.49  appropriation must be matched by at 
 50.50  least $600,000 of nonstate money.  This 
 50.51  appropriation is available until June 
 50.52  30, 2000, at which time the project 
 50.53  must be completed and final products 
 50.54  delivered, unless an earlier date is 
 50.55  specified in the work program. 
 50.56  (b) CHIPPEWA COUNTY REGIONAL TRAIL       400,000 
 50.57  This appropriation is from the future 
 50.58  resources fund to the commissioner of 
 50.59  natural resources for an agreement with 
 51.1   the city of Montevideo for the second 
 51.2   biennium to complete the construction 
 51.3   of the Chippewa county trail system in 
 51.4   Montevideo.  This appropriation must be 
 51.5   matched by at least $226,000 of 
 51.6   nonstate money.  This appropriation is 
 51.7   available until June 30, 2000, at which 
 51.8   time the project must be completed and 
 51.9   final products delivered, unless an 
 51.10  earlier date is specified in the work 
 51.11  program. 
 51.12  Subd. 19.  Native Species Planting 
 51.13  (a) MINNESOTA RELEAF TREE PLANTING 
 51.14  AND PRESERVATION GRANT PROGRAM           300,000 
 51.15  This appropriation is from the future 
 51.16  resources fund to the commissioner of 
 51.17  natural resources for the third 
 51.18  biennium for matching grants to local 
 51.19  communities to plant predominantly 
 51.20  native trees and protect native oak 
 51.21  forests from oak wilt. 
 51.22  (b) RESTORING WHITE PINE IN THE 
 51.23  MINNESOTA LANDSCAPE                      120,000 
 51.24  This appropriation is from the trust 
 51.25  fund to the University of Minnesota to 
 51.26  investigate factors currently limiting 
 51.27  establishment of white pine seedlings 
 51.28  in various forest cover types.  
 51.29  Management recommendations for natural 
 51.30  regeneration, seeding, and planting 
 51.31  must be developed. 
 51.32  (c) OAK SAVANNAH RESTORATION IN   
 51.33  ST. PAUL REGIONAL PARKS                  200,000 
 51.34  This appropriation is from the trust 
 51.35  fund to the commissioner of natural 
 51.36  resources for an agreement with the 
 51.37  city of St. Paul, division of parks and 
 51.38  recreation, to restore oak savannah 
 51.39  ecosystems in regional parks. 
 51.40  (d) PRAIRIE AND OAK SAVANNAH
 51.41  RESTORATION                               50,000 
 51.42  This appropriation is from the future 
 51.43  resources fund to the commissioner of 
 51.44  natural resources for an agreement with 
 51.45  the St. Paul Audubon Society to restore 
 51.46  natural areas of sites in at least two 
 51.47  parks that have residual prairie and 
 51.48  oak savannah areas. 
 51.49  Subd. 20.  Exotic Species 
 51.50  (a) BALLAST WATER TECHNOLOGY 
 51.51  DEMONSTRATION FOR EXOTIC 
 51.52  SPECIES CONTROL                          250,000 
 51.53  This appropriation is from the future 
 51.54  resources fund to the commissioner of 
 51.55  natural resources for a demonstration 
 51.56  project in cooperation with the Duluth 
 51.57  Port Authority to test, evaluate, and 
 51.58  refine techniques for preventing the 
 51.59  introduction and dispersal of exotic 
 52.1   species from ballast water into Lake 
 52.2   Superior. 
 52.3   (b) BIOLOGICAL CONTROL OF EURASIAN 
 52.4   WATER MILFOIL AND PURPLE 
 52.5   LOOSESTRIFE - CONTINUATION               150,000 
 52.6   This appropriation is from the trust 
 52.7   fund to the commissioner of natural 
 52.8   resources for the third biennium of a 
 52.9   five-biennium project to develop 
 52.10  biological controls for Eurasian water 
 52.11  milfoil and purple loosestrife.  This 
 52.12  appropriation is available until June 
 52.13  30, 2000, at which time the project 
 52.14  must be completed and final products 
 52.15  delivered, unless an earlier date is 
 52.16  specified in the work program. 
 52.17  (c) CONTROL OF WEEDS IN NATIVE 
 52.18  WILD RICE                                100,000 
 52.19  This appropriation is from the future 
 52.20  resources fund to the commissioner of 
 52.21  natural resources for an agreement with 
 52.22  Bois Forte Reservation for a Nett Lake 
 52.23  biocontrol study to remove exotic and 
 52.24  nuisance weeds from a wild rice lake.  
 52.25  Any release of organisms must be in 
 52.26  compliance with state and federal 
 52.27  permits.  This appropriation must be 
 52.28  matched by at least $100,000 of 
 52.29  nonstate money.  This appropriation is 
 52.30  available until June 30, 2000, at which 
 52.31  time the project must be completed and 
 52.32  final products delivered, unless an 
 52.33  earlier date is specified in the work 
 52.34  program. 
 52.35  Subd. 21.  Data Availability Requirements 
 52.36  (a) During the biennium ending June 30, 
 52.37  1999, the data collected by the 
 52.38  projects funded under this section that 
 52.39  have common value for natural resource 
 52.40  planning and management must conform to 
 52.41  information architecture as defined in 
 52.42  guidelines and standards adopted by the 
 52.43  information policy office and 
 52.44  government information access council.  
 52.45  These data must be made accessible and 
 52.46  free to the public unless made private 
 52.47  under the Data Practices Act.  
 52.48  (b) As part of their project 
 52.49  expenditures, recipients of land 
 52.50  acquisition appropriations must provide 
 52.51  the information necessary to update 
 52.52  public recreation information maps and 
 52.53  other appropriate media to the 
 52.54  department of natural resources in the 
 52.55  specified form. 
 52.56  Subd. 22.  Project Requirements 
 52.57  It is a condition of acceptance of the 
 52.58  appropriations in this section that any 
 52.59  agency or entity receiving the 
 52.60  appropriation must comply with 
 52.61  Minnesota Statutes, chapter 116P. 
 53.1   Subd. 23.  Match Requirements 
 53.2   Unless specifically authorized, 
 53.3   appropriations in this section that 
 53.4   must be matched and for which the match 
 53.5   has not been committed by January 1, 
 53.6   1998, are canceled, and in-kind 
 53.7   contributions may not be counted as 
 53.8   match. 
 53.9   Subd. 24.  Payment Conditions and 
 53.10  Capital Equipment Expenditures 
 53.11  All agreements, grants, or contracts 
 53.12  referred to in this section must be 
 53.13  administered on a reimbursement basis.  
 53.14  Notwithstanding Minnesota Statutes, 
 53.15  section 16A.41, expenditures made on or 
 53.16  after July 1, 1997, or the date the 
 53.17  work program is approved, whichever is 
 53.18  later, are eligible for reimbursement.  
 53.19  Payment must be made upon receiving 
 53.20  documentation that project-eligible 
 53.21  reimbursable amounts have been 
 53.22  expended, except that reasonable 
 53.23  amounts may be advanced to projects in 
 53.24  order to accommodate cash flow needs. 
 53.25  The advances must be approved as part 
 53.26  of the work program.  No expenditures 
 53.27  for capital equipment are allowed 
 53.28  unless expressly authorized in the 
 53.29  project work program. 
 53.30  Subd. 25.  Purchase of Recycled and 
 53.31  Recyclable Materials 
 53.32  A political subdivision, public or 
 53.33  private corporation, or other entity 
 53.34  that receives an appropriation in this 
 53.35  section must use the appropriation in 
 53.36  compliance with Minnesota Statutes, 
 53.37  sections 16B.121 to 16B.123, requiring 
 53.38  the purchase of recycled, repairable, 
 53.39  and durable materials, the purchase of 
 53.40  uncoated paper stock, and the use of 
 53.41  soy-based ink, the same as if it were a 
 53.42  state agency. 
 53.43  Subd. 26.  Carryforward 
 53.44  (a) The availability of the 
 53.45  appropriations for the following 
 53.46  projects is extended to June 30, 1998: 
 53.47  Laws 1996, chapter 407, section 8, 
 53.48  subdivision 3, paragraph (c), local 
 53.49  grants; Laws 1995, chapter 220, section 
 53.50  19, subdivision 4, paragraph (e), local 
 53.51  grants, paragraph (l), Wildcat Regional 
 53.52  Park; subdivision 5, paragraph (d), 
 53.53  blufflands landscape, paragraph (f), 
 53.54  atmospheric mercury emissions, 
 53.55  deposition and environmental cost 
 53.56  evaluation, paragraph (i), water 
 53.57  quality impacts of feedlot pollution 
 53.58  control systems, and paragraph (r), 
 53.59  developing, evaluating, and promoting 
 53.60  sustainable farming systems; 
 53.61  subdivision 6, paragraph (b), 
 53.62  environmental education teacher 
 53.63  training, paragraph (g), electronic 
 53.64  environmental education network; and 
 54.1   paragraph (r), as amended by Laws 1996, 
 54.2   chapter 407, section 51, Ney 
 54.3   environmental center and paragraph (s), 
 54.4   Lawndale Environmental Center; 
 54.5   subdivision 7, paragraph (f), 
 54.6   completion of statewide land use 
 54.7   update, paragraph (g), Fillmore county 
 54.8   soil survey update, paragraph (j), 
 54.9   microbial deterioration of asphalt 
 54.10  materials and prevention, and paragraph 
 54.11  (k), analysis of lands enrolled in 
 54.12  conservation reserve program; 
 54.13  subdivision 8, paragraph (a), urban 
 54.14  wildlife habitat program; paragraph 
 54.15  (e), Phalen wetland restoration; 
 54.16  subdivision 11, paragraph (e), energy 
 54.17  improvements in public ice arenas. 
 54.18  (b) The availability of the 
 54.19  appropriation for the following 
 54.20  projects is extended to June 30, 1999: 
 54.21  Laws 1995, chapter 220, section 19, 
 54.22  subdivision 4, paragraph (a), 
 54.23  metropolitan regional park system; 
 54.24  paragraph (g), clause (1), as amended 
 54.25  by Laws 1996, chapter 407, section 50, 
 54.26  local share for ISTEA federal projects 
 54.27  and subdivision 12, paragraph (a), 
 54.28  restore historic Mississippi river mill 
 54.29  site; Laws 1994, chapter 632, article 
 54.30  2, section 6, Silver Bay harbor; and 
 54.31  Laws 1993, chapter 172, section 14, 
 54.32  subdivision 10, paragraph (o), Lake 
 54.33  Superior safe harbors-continuation. 
 54.34  Subd. 27.  Energy Conservation 
 54.35  A recipient to whom an appropriation is 
 54.36  made in this section for a capital 
 54.37  improvement project shall ensure that 
 54.38  the project complies with the 
 54.39  applicable energy conservation 
 54.40  standards contained in law, including 
 54.41  Minnesota Statutes, sections 216C.19 to 
 54.42  216C.21, and rules adopted thereunder.  
 54.43  The recipient may use the energy 
 54.44  planning and intervention and energy 
 54.45  technologies units of the commissioner 
 54.46  of public service to obtain information 
 54.47  and technical assistance on energy 
 54.48  conservation and alternative energy 
 54.49  development relating to the planning 
 54.50  and construction of the capital 
 54.51  improvement project. 
 54.52  Sec. 16.  1997 DEFICIENCIES; 
 54.53  DEPARTMENT OF NATURAL RESOURCES  
 54.54  $500,000 in fiscal year 1997 is for a 
 54.55  binding arbitration award related to 
 54.56  the removal of the Flandrau Dam. 
 54.57  $600,000 is for snowmobile 
 54.58  grants-in-aid from the snowmobile 
 54.59  trails and enforcement account for 
 54.60  fiscal year 1997, to be available until 
 54.61  June 30, 1997. 
 54.62  Sec. 17.  ETHANOL DEVELOPMENT
 54.63  FUND TRANSFER                                     
 55.1   As cash flow in the ethanol development 
 55.2   fund under Minnesota Statutes, section 
 55.3   41B.044, permits, but no later than 
 55.4   June 30, 1999, the commissioner of 
 55.5   finance, in consultation with the 
 55.6   commissioner of agriculture, shall 
 55.7   transfer $820,000 from the unencumbered 
 55.8   balance in the fund to the general fund.
 55.9      Sec. 18.  Minnesota Statutes 1996, section 17.03, is 
 55.10  amended by adding a subdivision to read: 
 55.11     Subd. 12.  [CONTRACTS; APPROPRIATION.] The commissioner may 
 55.12  accept money as part of a contract with any public or private 
 55.13  entity to provide statutorily prescribed services by the 
 55.14  department.  A contract must specify the services to be provided 
 55.15  by the department and the amount and method of reimbursement.  
 55.16  Money generated in a contractual agreement under this section 
 55.17  must be deposited in a special revenue fund and is appropriated 
 55.18  to the department for purposes of providing services specified 
 55.19  in the contracts.  Contracts under this section must be 
 55.20  processed in accordance with section 16B.06.  The commissioner 
 55.21  must report revenues collected and expenditures made under this 
 55.22  section to the chairs of the environment and natural resources 
 55.23  finance committee in the house of representatives and the 
 55.24  environment and agriculture budget division in the senate by 
 55.25  January 15 of each odd-numbered year. 
 55.26     Sec. 19.  Minnesota Statutes 1996, section 17.101, is 
 55.27  amended to read: 
 55.28     17.101 [PROMOTIONAL ACTIVITIES.] 
 55.29     Subdivision 1.  [DEPARTMENTAL DUTIES.] For the purposes of 
 55.30  expanding, improving, and developing the markets for production 
 55.31  and marketing of products of Minnesota agriculture, the 
 55.32  commissioner shall encourage and promote the production and 
 55.33  marketing of these products by means of:  
 55.34     (a) advertising Minnesota agricultural products; 
 55.35     (b) assisting state agricultural commodity organizations; 
 55.36     (c) developing methods to increase processing and marketing 
 55.37  of agricultural commodities including commodities not being 
 55.38  produced in Minnesota on a commercial scale, but which may have 
 55.39  economic potential in national and international markets; 
 56.1      (d) investigating and identifying new marketing technology 
 56.2   and methods to enhance the competitive position of Minnesota 
 56.3   agricultural products; 
 56.4      (e) evaluating livestock marketing opportunities; 
 56.5      (f) assessing and developing national and international 
 56.6   markets for Minnesota agricultural products; 
 56.7      (g) studying the conversion of raw agricultural products to 
 56.8   manufactured products including ethanol; 
 56.9      (h) hosting the visits of foreign trade teams to Minnesota 
 56.10  and defraying the teams' expenses; 
 56.11     (i) assisting Minnesota agricultural businesses desiring to 
 56.12  sell their products; and 
 56.13     (j) conducting research to eliminate or reduce specific 
 56.14  production or technological barriers to market development and 
 56.15  trade; and 
 56.16     (k) other activities the commissioner deems appropriate to 
 56.17  promote Minnesota agricultural products, provided that the 
 56.18  activities do not duplicate programs or services provided by the 
 56.19  Minnesota trade division or the Minnesota world trade center 
 56.20  corporation. 
 56.21     Subd. 2.  [AGRICULTURAL DEVELOPMENT GRANTS AND CONTRACTS.] 
 56.22  In order to carry out the duties in subdivision 1, the 
 56.23  commissioner, in addition to whatever other resources the 
 56.24  department may commit, shall make grants and enter into 
 56.25  contracts to fulfill the obligations of subdivision 1.  The 
 56.26  commissioner may enter into partnerships or seek gifts to carry 
 56.27  out subdivision 1.  The commissioner may contract with, among 
 56.28  others, agricultural commodity organizations, the University of 
 56.29  Minnesota, and agriculture related businesses to fulfill the 
 56.30  duties.  The commissioner shall make permanent rules for the 
 56.31  administration of these grants and contracts.  The rules shall 
 56.32  specify at a minimum:  
 56.33     (a) eligibility criteria; 
 56.34     (b) application procedures; 
 56.35     (c) provisions for application review and project approval; 
 56.36     (d) provisions for program monitoring and review for all 
 57.1   approved grants and contracts; and 
 57.2      (e) other provisions the commissioner finds necessary.  
 57.3      Contracts entered into by the commissioner pursuant to this 
 57.4   subdivision shall not exceed 75 percent of the cost of the 
 57.5   project supported by the commissioner's grant.  In any biennium, 
 57.6   no organization shall receive more than $70,000 in grants from 
 57.7   the commissioner.  
 57.8      Subd. 3.  [AUDITS.] The books, records, documents, and 
 57.9   accounting procedures and practices of any organization 
 57.10  receiving a grant or contract from the commissioner under the 
 57.11  provisions of subdivision 2 shall be subject to examination by 
 57.12  the department.  The commissioner may prescribe uniform methods 
 57.13  of accounting to be used by grant or contract recipients.  
 57.14     Subd. 4.  [ADVISORY GROUP.] The commissioner may establish 
 57.15  an ad hoc advisory group to assist in evaluating grant requests 
 57.16  made pursuant to under subdivision 2. 
 57.17     Subd. 5.  [VALUE-ADDED AGRICULTURAL LIVESTOCK PROCESSING 
 57.18  AND MARKETING GRANT PROGRAM.] (a) For purposes of this section, 
 57.19  "livestock or dairy processing facility" means land, buildings, 
 57.20  structures, fixtures, and improvements located or to be located 
 57.21  in Minnesota and used or operated primarily for the processing 
 57.22  or production of marketable products from agricultural livestock 
 57.23  or dairy commodities produced.  
 57.24     (b) The commissioner shall establish and implement a 
 57.25  value-added agricultural livestock and dairy processing and 
 57.26  marketing grant program to help farmers finance new cooperatives 
 57.27  that organize for the purposes of operating livestock and dairy 
 57.28  processing facilities and for marketing activities related to 
 57.29  the sale and distribution of processed livestock and dairy 
 57.30  products.  
 57.31     (c) To be eligible for this program a grantee must:  
 57.32     (1) be a cooperative organized under chapter 308A; 
 57.33     (2) certify that all of the control and equity in the 
 57.34  cooperative is from farmers as defined in section 500.24, 
 57.35  subdivision 2, who are actively engaged in livestock or dairy 
 57.36  production; 
 58.1      (3) be operated primarily for the processing of livestock 
 58.2   or dairy produced in Minnesota; 
 58.3      (4) receive livestock or dairy produced primarily by 
 58.4   shareholders or members of the cooperative; and 
 58.5      (5) have no direct or indirect involvement in the 
 58.6   production of livestock and dairy.  
 58.7      (d) The commissioner may receive applications from and make 
 58.8   grants up to $50,000 for feasibility, marketing analysis, and 
 58.9   predesign of facilities to eligible cooperatives.  The 
 58.10  commissioner shall give priority to applicants who use the 
 58.11  grants for planning costs related to an application for 
 58.12  financial assistance from the United States Department of 
 58.13  Agriculture, Rural Business - Cooperative Service. 
 58.14     Sec. 20.  [17.110] [BEAVER DAMAGE CONTROL GRANTS.] 
 58.15     Subdivision 1.  [ESTABLISHMENT.] The commissioner of 
 58.16  agriculture shall establish a beaver damage control grant 
 58.17  program to provide grants for the control of beaver activities 
 58.18  causing damage to public waters, roads, and ditches and adjacent 
 58.19  private property.  The grants may only be made to a joint powers 
 58.20  board established under section 471.59 by two or more 
 58.21  governmental units and may include Indian tribal governments. 
 58.22     Subd. 2.  [GRANT AMOUNT.] The commissioner may provide up 
 58.23  to 50 percent of the costs of implementing a beaver damage 
 58.24  control program by a joint powers board. 
 58.25     Subd. 3.  [AWARDING OF GRANTS.] Applications for grants 
 58.26  must be made to the commissioner on forms prescribed by the 
 58.27  commissioner.  The commissioner shall consult with town 
 58.28  supervisors and county commissioners representing different 
 58.29  areas of the state in developing the application form.  A joint 
 58.30  powers board seeking a grant may be required to supply 
 58.31  information on the beaver control program it has adopted, the 
 58.32  extent of the problem in the geographic area covered by the 
 58.33  joint powers agreement, and the ability of the joint powers 
 58.34  board to match the state grant.  The commissioner may prioritize 
 58.35  the grant applications based upon the information requested as 
 58.36  part of the grant application. 
 59.1      Subd. 4.  [REPORT.] (a) Within one year after receiving a 
 59.2   grant under this section, a joint powers board must report to 
 59.3   the commissioner on the board's efforts to control beaver in the 
 59.4   area. 
 59.5      (b) The commissioner shall report to the senate and house 
 59.6   environment and natural resources committees on the efforts 
 59.7   under this section to control beaver by December 15 of each 
 59.8   even-numbered year. 
 59.9      Sec. 21.  Minnesota Statutes 1996, section 17.116, 
 59.10  subdivision 2, is amended to read: 
 59.11     Subd. 2.  [ELIGIBILITY.] (a) Grants may only be made to 
 59.12  farmers, educational institutions, individuals at educational 
 59.13  institutions, or nonprofit organizations residing or located in 
 59.14  the state for demonstrations on farms in the state. 
 59.15     (b) Grants may only be made for projects that show: 
 59.16     (1) the ability to maximize direct or indirect energy 
 59.17  savings or production; 
 59.18     (2) a positive effect or reduced adverse effect on the 
 59.19  environment; and 
 59.20     (3) profitability for the individual farm. 
 59.21     Sec. 22.  Minnesota Statutes 1996, section 17.116, 
 59.22  subdivision 3, is amended to read: 
 59.23     Subd. 3.  [AWARDING OF GRANTS.] (a) Applications for grants 
 59.24  must be made to the commissioner on forms prescribed by the 
 59.25  commissioner. 
 59.26     (b) The applications must be reviewed, ranked, and 
 59.27  recommended by a technical review panel appointed by the 
 59.28  commissioner.  The technical review panel shall consist of a 
 59.29  soil scientist, an agronomist, a representative from a 
 59.30  post-secondary educational institution, two resident farmers of 
 59.31  the state using sustainable agriculture methods, and a chair 
 59.32  from the department.  
 59.33     (c) The technical review panel shall rank applications 
 59.34  according to the following criteria: 
 59.35     (1) direct or indirect energy savings or production; 
 59.36     (2) environmental benefit; 
 60.1      (3) farm profitability; 
 60.2      (4) the number of farms able to apply the techniques or the 
 60.3   technology proposed; 
 60.4      (5) the effectiveness of the project as a demonstration; 
 60.5      (6) the immediate transferability of the project to farms; 
 60.6   and 
 60.7      (7) the ability of the project to accomplish its goals. 
 60.8      (d) The commissioner shall consider the recommendations of 
 60.9   the technical review panel and may award grants for eligible 
 60.10  projects.  Priority must be given to applicants who are farmers 
 60.11  or groups of farmers. 
 60.12     (e) Grants for eligible projects may not exceed $25,000 
 60.13  unless the portion above $25,000 is matched on an equal basis by 
 60.14  the applicant's cash or in-kind land use contribution.  Grant 
 60.15  funding of projects may not exceed $50,000 under this section, 
 60.16  but applicants may utilize other funding sources.  A portion of 
 60.17  each grant must be targeted for public information activities of 
 60.18  the project. 
 60.19     (f) A project may continue for up to three years.  
 60.20  Multiyear projects must be reevaluated by the technical review 
 60.21  panel and the commissioner before second or third year funding 
 60.22  is approved.  A project is limited to one grant for its funding. 
 60.23     (g) Only one grant under this section may be made per 
 60.24  grantee. 
 60.25     Sec. 23.  [17.458] [AGROFORESTRY.] 
 60.26     Subdivision 1.  [DEFINITION.] "Agroforestry" means the 
 60.27  cultivation of short-rotation woody crops using agricultural 
 60.28  practices to produce timber or forest products. 
 60.29     Subd. 2.  [AGRICULTURAL PURSUIT.] Agroforestry is an 
 60.30  agricultural pursuit. 
 60.31     Sec. 24.  Minnesota Statutes 1996, section 17.4988, is 
 60.32  amended to read: 
 60.33     17.4988 [LICENSE AND INSPECTION FEES.] 
 60.34     Subdivision 1.  [REQUIREMENTS FOR ISSUANCE.] A permit or 
 60.35  license must be issued by the commissioner if the requirements 
 60.36  of law are met and the license and permit fees specified in this 
 61.1   section are paid. 
 61.2      Subd. 2.  [AQUATIC FARMING LICENSE.] (a) The annual fee for 
 61.3   an aquatic farming license is $275. 
 61.4      (b) The aquatic farming license may contain endorsements 
 61.5   for the rights and privileges of the following licenses under 
 61.6   the game and fish laws.  The endorsement must be made upon 
 61.7   payment of the license fee prescribed in section 97A.475 for the 
 61.8   following licenses: 
 61.9      (1) minnow dealer license; 
 61.10     (2) minnow retailer license for sale of minnows as bait; 
 61.11     (3) minnow exporting license; 
 61.12     (4) minnow dealer helper license; 
 61.13     (5) aquatic farm vehicle endorsement, which includes a 
 61.14  minnow dealer vehicle license, a minnow retailer vehicle 
 61.15  license, an exporting minnow hauler vehicle license, and a fish 
 61.16  vendor vehicle license; 
 61.17     (6) (5) sucker egg taking license; and 
 61.18     (7) (6) game fish packers license. 
 61.19     Subd. 3.  [INSPECTION FEES.] The fees for the following 
 61.20  inspections are:  
 61.21     (1) initial inspection of each water to be licensed, $50; 
 61.22     (2) fish health inspection and certification, $20 
 61.23  plus $80 $100 per lot thereafter; and 
 61.24     (3) initial inspection for containment and quarantine 
 61.25  facility inspections, $50. 
 61.26     Subd. 4.  [AQUARIUM FACILITY.] (a) A person operating a 
 61.27  commercial aquarium facility must have a commercial aquarium 
 61.28  facility license issued by the commissioner if the facility 
 61.29  contains species of aquatic life that are for sale and that are 
 61.30  present in waters of the state.  The commissioner may require an 
 61.31  aquarium facility license for aquarium facilities importing or 
 61.32  holding species of aquatic life that are for sale and that are 
 61.33  not present in Minnesota if those species can survive in waters 
 61.34  of the state.  The fee for an aquarium facility license 
 61.35  is $15 $19. 
 61.36     (b) Game fish transferred by an aquarium facility must be 
 62.1   accompanied by a receipt containing the information required on 
 62.2   a shipping document by section 17.4985, subdivision 3, paragraph 
 62.3   (b). 
 62.4      Sec. 25.  Minnesota Statutes 1996, section 17.76, is 
 62.5   amended to read: 
 62.6      17.76 [MINNESOTA DAIRY PRODUCERS BOARD.] 
 62.7      Subdivision 1.  [ESTABLISHMENT; COMPOSITION; OFFICERS.] (a) 
 62.8   The Minnesota dairy producers board consists of 17 18 members.  
 62.9   Fourteen of the members must be eligible family dairy 
 62.10  producers.  Three Four of the members must represent food 
 62.11  consumer groups.  For purposes of this section, "eligible family 
 62.12  dairy producer" means a natural person who daily manages and 
 62.13  operates a dairy farm owned by the person.  "Eligible family 
 62.14  dairy producer" does not include a person who is currently an 
 62.15  employee of or a member of the board of directors of an 
 62.16  organization involved in milk processing or dairy marketing. 
 62.17     (b) The board shall elect from among its members a chair 
 62.18  and other appropriate officers. 
 62.19     Subd. 2.  [APPOINTMENT; TERMS; COMPENSATION.] (a) Two 
 62.20  members of the board shall be appointed by each of seven 
 62.21  organizations representing agriculture in Minnesota.  The 
 62.22  organizations are: 
 62.23     Minnesota Farmers Union; 
 62.24     National Farmers Organization; 
 62.25     Farmers Union Milk Marketing Cooperative; 
 62.26     Minnesota Milk Producers; 
 62.27     Sustainable Farming Association of Minnesota; 
 62.28     Minnesota Farm Bureau; and 
 62.29     Minnesota COACT. 
 62.30     One member Two members of the board shall be appointed by 
 62.31  each of three two organizations representing consumers in 
 62.32  Minnesota.  The organizations are: 
 62.33     Minnesota Food Association; and 
 62.34     Minnesota Senior Federation; and 
 62.35     Minnesota COACT. 
 62.36     To the extent practicable, the members must be selected to 
 63.1   represent the broad diversity of Minnesota's dairy producers. 
 63.2      (b) The terms and compensation of members and reimbursement 
 63.3   for their expenses is governed by section 15.059. 
 63.4      (c) The board expires on June 30, 2001. 
 63.5      Subd. 3.  [DUTIES.] (a) The board shall may monitor 
 63.6   economic aspects of the dairy production, processing, and 
 63.7   marketing process including: 
 63.8      (1) the movement of milk by processors; 
 63.9      (2) price setting at the Green Bay, Wisconsin, National 
 63.10  Cheese Exchange in Chicago; 
 63.11     (3) processor pricing schemes methods; 
 63.12     (4) producer checkoffs and the use of checkoff funds; 
 63.13     (5) federal and state pricing policy; and 
 63.14     (6) other activities that affect the farm gate price of raw 
 63.15  milk. 
 63.16     (b) The board shall may regularly educate producers, 
 63.17  processors, consumers, and policymakers about the reasons for 
 63.18  inadequate raw milk prices. 
 63.19     (c) The board shall may conduct quarterly surveys of dairy 
 63.20  producers to identify problems created by milk prices that do 
 63.21  not provide a fair return on the investment of producers.  The 
 63.22  board must may compile the information from these surveys and 
 63.23  recommend solutions to producers. 
 63.24     (d) The board shall may determine dairy production costs in 
 63.25  each county through periodic surveys and from local 
 63.26  organizations of producers. 
 63.27     (e) The board shall serve as an advocate for dairy 
 63.28  producers in assuring that members of cooperatives are awarded 
 63.29  protections similar to the rights of members of cooperative 
 63.30  electric associations under section 216B.027. 
 63.31     Sec. 26.  [17.861] [REPLACEMENT OF MERCURY MANOMETERS.] 
 63.32     The commissioner, in cooperation with the pollution control 
 63.33  agency, the office of environmental assistance, dairy equipment 
 63.34  manufacturers and suppliers, and other interested parties, shall 
 63.35  develop a program to provide replacement nonmercury manometers 
 63.36  for a $50 fee and to arrange for the acceptance, disposal, and 
 64.1   recycling of the mercury, apparatus, and manometers at no cost 
 64.2   to the dairy farmer.  The mercury, manometers, and apparatus 
 64.3   shall be managed in accordance with sections 115A.932 and 116.92.
 64.4      Sec. 27.  Minnesota Statutes 1996, section 18.79, is 
 64.5   amended by adding a subdivision to read: 
 64.6      Subd. 12.  [NOXIOUS-WEED-FREE FORAGE AND MULCH 
 64.7   CERTIFICATION AGENCY.] The official certification agency for 
 64.8   noxious-weed-free forage and mulch shall be determined by the 
 64.9   commissioner of agriculture in consultation with the director of 
 64.10  the Minnesota agricultural experiment station. 
 64.11     Sec. 28.  Minnesota Statutes 1996, section 18C.421, 
 64.12  subdivision 1, is amended to read: 
 64.13     Subdivision 1.  [SEMIANNUAL STATEMENT.] (a) Each licensed 
 64.14  distributor of fertilizer and each registrant of a specialty 
 64.15  fertilizer, soil amendment, or plant amendment must file a 
 64.16  semiannual statement for the periods ending December 31 and June 
 64.17  30 with the commissioner on forms furnished by the commissioner 
 64.18  stating the number of net tons and grade of each raw fertilizer 
 64.19  material distributed or the number of net tons of each brand or 
 64.20  grade of fertilizer, soil amendment, or plant amendment 
 64.21  distributed in this state during the reporting period. 
 64.22     (b) A report from a licensee who sells to an ultimate 
 64.23  consumer must be accompanied by records or invoice copies 
 64.24  indicating the name of the distributor who paid the inspection 
 64.25  fee, the net tons received, and the grade or brand name of the 
 64.26  products received.  
 64.27     (c) The report is due on or before the last day of the 
 64.28  month following the close of each reporting period of each 
 64.29  calendar year.  
 64.30     (d) The inspection fee at the rate stated in section 
 64.31  18C.425, subdivision 6, must accompany the statement.  
 64.32     Sec. 29.  Minnesota Statutes 1996, section 18C.425, 
 64.33  subdivision 1, is amended to read: 
 64.34     Subdivision 1.  [APPLICATION FEES FERTILIZER LICENSE.] (a) 
 64.35  An application for other licenses a license for each fixed 
 64.36  location to be covered by the license within the state must be 
 65.1   accompanied by a nonrefundable application fee of $100 fee. 
 65.2      (b) An application for a license for all fixed locations of 
 65.3   a firm outside of the state must be accompanied by 
 65.4   a nonrefundable application fee of $100. 
 65.5      (c) An application for a license to cover mobile mechanical 
 65.6   units must be accompanied by a nonrefundable application fee of 
 65.7   $100 for the first unit operated by one distributor and $50 for 
 65.8   each additional mobile mechanical unit.  
 65.9      Sec. 30.  Minnesota Statutes 1996, section 18C.425, 
 65.10  subdivision 2, is amended to read: 
 65.11     Subd. 2.  [SPECIALTY FERTILIZER REGISTRATION.] An 
 65.12  application for registration of a specialty fertilizer must be 
 65.13  accompanied by a registration nonrefundable application fee of 
 65.14  $100 for each brand and grade to be sold or distributed as 
 65.15  provided in section 18C.411.  
 65.16     Sec. 31.  Minnesota Statutes 1996, section 18C.425, 
 65.17  subdivision 3, is amended to read: 
 65.18     Subd. 3.  [SOIL AMENDMENT AND PLANT AMENDMENT 
 65.19  REGISTRATION.] An application for registration of a soil 
 65.20  amendment or plant amendment must be accompanied by a 
 65.21  registration nonrefundable application fee of $200 for each 
 65.22  brand sold or distributed as provided in section 18C.411. 
 65.23     Sec. 32.  Minnesota Statutes 1996, section 18C.425, 
 65.24  subdivision 6, is amended to read: 
 65.25     Subd. 6.  [INSPECTION FEES.] A The person who sells or 
 65.26  distributes responsible for payment of the inspection fees for 
 65.27  fertilizers, soil amendments, or plant amendments sold and used 
 65.28  in this state must pay an inspection fee amounting to the 
 65.29  greater of 15 cents per ton of fertilizer, soil amendment, and 
 65.30  plant amendment sold or distributed in this state or, with a 
 65.31  minimum of $10 on all tonnage reports.  Products sold or 
 65.32  distributed to manufacturers or exchanged between them are 
 65.33  exempt from the inspection fee imposed by this subdivision if 
 65.34  the products are used exclusively for manufacturing purposes. 
 65.35     Sec. 33.  Minnesota Statutes 1996, section 18C.531, 
 65.36  subdivision 2, is amended to read: 
 66.1      Subd. 2.  [AGRICULTURAL LIMING MATERIALS.] "Agricultural 
 66.2   liming materials" means materials whose calcium or magnesium 
 66.3   compounds, or both, account for an ENP of 30 20 percent or more 
 66.4   and includes, but is not limited to, burnt lime, hydrated lime, 
 66.5   industrial by-product, limestone, and marl.  
 66.6      Sec. 34.  Minnesota Statutes 1996, section 18C.551, is 
 66.7   amended to read: 
 66.8      18C.551 [LICENSE APPLICATION, SAMPLING, AND INSPECTION 
 66.9   FEES.] 
 66.10     Subdivision 1.  [APPLICATION FEE AGRICULTURAL LIMING 
 66.11  MATERIALS LICENSE.] An application for a license must be 
 66.12  accompanied by a nonrefundable license application fee of $150.  
 66.13  This fee shall does not apply to occasional sales of 50 tons or 
 66.14  less on an annual basis.  
 66.15     Subd. 2.  [ADDITIONAL FEE AFTER JANUARY 1 FOR LATE 
 66.16  APPLICATION.] If an application for license renewal is not filed 
 66.17  before January 1, an additional nonrefundable application fee of 
 66.18  50 percent of the amount due may be assessed before the renewal 
 66.19  license is issued. 
 66.20     Subd. 2a.  [FEE FOR PRODUCT USE WITHOUT INITIAL 
 66.21  LICENSE.] An applicant shall pay an additional application fee 
 66.22  equal to the amount due for each license required if the 
 66.23  applicant has distributed or used products in this state before 
 66.24  the commissioner has issued an initial license for the products 
 66.25  distributed or used. 
 66.26     Subd. 3.  [INSPECTION FEES.] A person shall pay an 
 66.27  inspection fee, at the rate of five cents per ton, must be paid 
 66.28  to the commissioner for all agricultural liming material offered 
 66.29  for sale or sold in this state with a minimum of $10 on all 
 66.30  tonnage reports.  If more than one person is involved in the 
 66.31  distribution of agricultural liming material, the person who 
 66.32  first sells or imports the agricultural liming material is 
 66.33  responsible for the inspection fee.  A person licensed under 
 66.34  section 18C.541 must retain invoices showing proof of inspection 
 66.35  fees paid.  
 66.36     Subd. 4.  [SAMPLE AND ANALYSIS FEE.] The commissioner may 
 67.1   sample agricultural liming material from a source of production 
 67.2   to the extent the commissioner considers necessary to implement 
 67.3   sections 18C.531 to 18C.575.  The commissioner shall charge a 
 67.4   sampling fee of $40 must be assessed for each sample collected.  
 67.5   If the sample and analysis fee is not paid before 60 days after 
 67.6   billing, the commissioner shall assess an additional 
 67.7   nonrefundable late payment fee of 50 percent of the total sample 
 67.8   and analysis fee due. 
 67.9      Subd. 5.  [DEPOSIT OF FEES.] Fees and penalties collected 
 67.10  under sections 18C.531 to 18C.575 must be deposited in the 
 67.11  general fund.  
 67.12     Sec. 35.  Minnesota Statutes 1996, section 25.31, is 
 67.13  amended to read: 
 67.14     25.31 [CITATION, COMMERCIAL FEED LAW.] 
 67.15     Sections 25.31 to 25.44 shall be 25.43 are known and may be 
 67.16  cited as the Minnesota Commercial Feed Law. 
 67.17     Sec. 36.  Minnesota Statutes 1996, section 25.32, is 
 67.18  amended to read: 
 67.19     25.32 [ENFORCING OFFICIAL.] 
 67.20     Sections 25.31 to 25.44 25.43 shall be administered by the 
 67.21  commissioner of the department of agriculture, hereinafter 
 67.22  referred to as the "commissioner". 
 67.23     Sec. 37.  Minnesota Statutes 1996, section 25.33, 
 67.24  subdivision 1, is amended to read: 
 67.25     Subdivision 1.  [SCOPE.] When used in sections 25.31 to 
 67.26  25.44 25.43, the terms defined in this section have the meanings 
 67.27  given them. 
 67.28     Sec. 38.  Minnesota Statutes 1996, section 25.33, 
 67.29  subdivision 5, is amended to read: 
 67.30     Subd. 5.  [COMMERCIAL FEED.] "Commercial feed" means all 
 67.31  materials except or combinations of materials that are 
 67.32  distributed or intended to be distributed for use as feed or for 
 67.33  mixing in feed, including feed for aquatic animals, unless the 
 67.34  materials are specifically exempted.  Unmixed seed, whole or 
 67.35  processed, when seeds and physically altered entire unmixed 
 67.36  seeds, if the whole or physically altered seeds are not 
 68.1   chemically changed or are not adulterated within the meaning of 
 68.2   section 25.37, paragraphs paragraph (a), (b), (c), or (d) which 
 68.3   are distributed for use as feed or for mixing in feed, including 
 68.4   feed for aquatic animals are exempt.  The commissioner by rule 
 68.5   may exempt from this definition, or from specific provisions of 
 68.6   sections 25.31 to 25.44 25.43, commodities such as hay, straw, 
 68.7   stover, silage, cobs, husks, hulls, and individual chemical 
 68.8   compounds or substances when such if those commodities, 
 68.9   compounds, or substances are not intermixed with other 
 68.10  materials, and are not adulterated within the meaning of section 
 68.11  25.37, paragraphs paragraph (a), (b), (c), or (d). 
 68.12     Sec. 39.  Minnesota Statutes 1996, section 25.33, 
 68.13  subdivision 6, is amended to read: 
 68.14     Subd. 6.  [FEED INGREDIENT.] "Feed ingredient" means each 
 68.15  of the constituent materials making up a commercial feed or pet 
 68.16  food.  
 68.17     Sec. 40.  Minnesota Statutes 1996, section 25.33, 
 68.18  subdivision 9, is amended to read: 
 68.19     Subd. 9.  [CUSTOMER FORMULA FEED.] "Customer formula feed" 
 68.20  means commercial feed which consists of a mixture of commercial 
 68.21  feeds or feed ingredients or both, each batch of which is 
 68.22  manufactured according to the specific instructions of the final 
 68.23  purchaser.  
 68.24     Sec. 41.  Minnesota Statutes 1996, section 25.33, 
 68.25  subdivision 20, is amended to read: 
 68.26     Subd. 20.  [PET.] "Pet" means any a domesticated animal dog 
 68.27  or cat normally maintained in or near the household of the its 
 68.28  owner thereof.  
 68.29     Sec. 42.  Minnesota Statutes 1996, section 25.33, is 
 68.30  amended by adding a subdivision to read: 
 68.31     Subd. 21.  [COMMISSIONER.] "Commissioner" means the 
 68.32  commissioner of agriculture or a designated representative. 
 68.33     Sec. 43.  Minnesota Statutes 1996, section 25.33, is 
 68.34  amended by adding a subdivision to read:  
 68.35     Subd. 22.  [SPECIALTY PET.] "Specialty pet" means a 
 68.36  domesticated animal normally maintained in a cage or tank, 
 69.1   including, but not limited to, a gerbil, hamster, canary, 
 69.2   psittacine bird, mynah, finch, tropical fish, goldfish, snake, 
 69.3   or turtle.  "Specialty pet" does not include a dog, cat, horse, 
 69.4   rabbit, or wild bird.  
 69.5      Sec. 44.  Minnesota Statutes 1996, section 25.33, is 
 69.6   amended by adding a subdivision to read: 
 69.7      Subd. 23.  [SPECIALTY PET FOOD.] "Specialty pet food" means 
 69.8   commercial feed prepared and distributed for consumption by 
 69.9   specialty pets. 
 69.10     Sec. 45.  Minnesota Statutes 1996, section 25.33, is 
 69.11  amended by adding a subdivision to read:  
 69.12     Subd. 24.  [QUANTITY STATEMENT.] "Quantity statement" means 
 69.13  a statement of the net weight (mass), net volume (liquid or 
 69.14  dry), count, or other form of measurement. 
 69.15     Sec. 46.  [25.341] [LICENSING.] 
 69.16     Subdivision 1.  [REQUIREMENT.] Before a person may:  (1) 
 69.17  manufacture a commercial feed in the state; (2) distribute a 
 69.18  commercial feed in or into the state; or (3) have the person's 
 69.19  name appear on the label of a commercial feed as guarantor, the 
 69.20  person must have a commercial feed license for each 
 69.21  manufacturing or distributing facility.  A person who makes only 
 69.22  retail sales of commercial feed bearing labeling or another 
 69.23  approved indication that the commercial feed is from a licensed 
 69.24  manufacturer, guarantor, or distributor who has assumed full 
 69.25  responsibility for the tonnage inspection fee due under sections 
 69.26  25.31 to 25.43 is not required to obtain a license.  
 69.27     Subd. 2.  [APPLICATION; FEE; TERM.] A person who is 
 69.28  required to have a commercial feed license shall submit an 
 69.29  application on a form provided or approved by the commissioner 
 69.30  accompanied by a license fee of $25 paid to the commissioner for 
 69.31  each facility.  The license year is the calendar year.  A 
 69.32  license expires on December 31 of the year for which it is 
 69.33  issued, except that a license is valid through January 31 of the 
 69.34  next year or until the issuance of the renewal license, 
 69.35  whichever comes first, if the licensee has filed a renewal 
 69.36  application with the commissioner on or before December 31 of 
 70.1   the year for which the current license was issued.  A new 
 70.2   applicant who fails to obtain a license within 15 working days 
 70.3   of notification of the requirement to obtain a license, or a 
 70.4   licensee who fails to comply with license renewal requirements, 
 70.5   shall pay a $50 late fee in addition to the license fee.  The 
 70.6   commissioner may issue a withdrawal from distribution order on 
 70.7   any commercial feed that an unlicensed person produces or 
 70.8   distributes in the state until a license is issued.  
 70.9      Subd. 3.  [COPIES OF LABELS.] The commissioner may request 
 70.10  from a licensee copies of labels and labeling in order to 
 70.11  determine compliance with sections 25.31 to 25.43.  
 70.12     Subd. 4.  [DENIAL; REVOCATION; SUSPENSION; LIMITS.] The 
 70.13  commissioner may deny a license to a person or suspend or revoke 
 70.14  the license of a person who is not in compliance with sections 
 70.15  25.31 to 25.43.  The commissioner may impose conditions that 
 70.16  limit production or distribution of a particular commercial feed 
 70.17  on the license of a person who is not in compliance with 
 70.18  sections 25.31 to 25.43.  A license may not be made conditional, 
 70.19  suspended, refused, or revoked unless the applicant or licensee 
 70.20  has been given an opportunity to be heard before the 
 70.21  commissioner in order to comply with the requirements of 
 70.22  sections 25.31 to 25.43.  
 70.23     Sec. 47.  Minnesota Statutes 1996, section 25.35, is 
 70.24  amended to read: 
 70.25     25.35 [LABELING.] 
 70.26     A commercial feed shall be labeled as follows: 
 70.27     (a) In case of A commercial feed, except a customer formula 
 70.28  feed, it shall must be accompanied by a label bearing the 
 70.29  following information: 
 70.30     (1) The net weight. 
 70.31     (2) the product name and the brand name, if any, under 
 70.32  which the commercial feed is distributed.; 
 70.33     (3) (2) the guaranteed analysis, stated in such terms as 
 70.34  the commissioner requires by rule determines is required, to 
 70.35  advise the user of the composition of the feed or to support 
 70.36  claims made in the labeling.  In all cases The substances or 
 71.1   elements must be determinable by laboratory methods such as the 
 71.2   methods published by the Association of Official Analytical 
 71.3   Chemists. AOAC International or other generally recognized 
 71.4   methods; 
 71.5      (4) (3) the common or usual name of each ingredient used in 
 71.6   the manufacture of the commercial feed.  The commissioner may by 
 71.7   rule permit the use of a collective term for a group of 
 71.8   ingredients which perform a similar function, or may exempt such 
 71.9   commercial feeds, or any group thereof, of commercial feeds from 
 71.10  this requirement of an ingredient statement on finding that such 
 71.11  an ingredient statement is not required in the interest of 
 71.12  consumers.; 
 71.13     (5) (4) the name and principal mailing address of the 
 71.14  manufacturer or the person responsible for distributing the 
 71.15  commercial feed.; 
 71.16     (6) (5) adequate directions for use for all commercial 
 71.17  feeds containing drugs and for such other feeds as the 
 71.18  commissioner may require by rule as necessary for their safe and 
 71.19  effective use.; 
 71.20     (7) Such (6) precautionary statements as which the 
 71.21  commissioner determines by rule determines are necessary for the 
 71.22  safe and effective use of the commercial feed; and 
 71.23     (7) a quantity statement.  
 71.24     (b) In the case of A customer formula feed, it shall must 
 71.25  be accompanied by a label, invoice, delivery slip, or other 
 71.26  shipping document, bearing the following information: 
 71.27     (1) name and address of the manufacturer.; 
 71.28     (2) name and address of the purchaser.; 
 71.29     (3) date of delivery.; 
 71.30     (4) the product name and brand name, if any, and either 
 71.31  (1) (i) the net weight quantity of each registered commercial 
 71.32  feed used in the mixture, and the net weight of each other 
 71.33  ingredient used in the mixture, or (2) (ii) a guaranteed 
 71.34  analysis and list of ingredients in paragraph (A), (3) and 
 71.35  (4). (a), clauses (2) and (3); 
 71.36     (5) adequate directions for use for all customer formula 
 72.1   feeds containing drugs and for such other feeds as the 
 72.2   commissioner may require requires by rule as necessary for their 
 72.3   safe and effective use.; 
 72.4      (6) Such precautionary statements as the commissioner 
 72.5   determines by rule determines are necessary for the safe and 
 72.6   effective use of the customer formula feed.; 
 72.7      (7) if a product containing a drug is used:  
 72.8      (i) the purpose of the medication (claim statement); and 
 72.9      (ii) the established name of each active drug ingredient 
 72.10  and the level of each drug used in the final mixture expressed 
 72.11  in a manner required by the commissioner by rule; and 
 72.12     (8) for a customer formula feed for which the formula is 
 72.13  developed by someone other than the manufacturer, a disclaimer 
 72.14  may be included on the label stating "THIS FEED IS A CUSTOMER 
 72.15  FORMULA FEED DEVELOPED BY SOMEONE OTHER THAN THE MANUFACTURER.  
 72.16  THE MANUFACTURER DOES NOT CLAIM, REPRESENT, WARRANT, OR 
 72.17  GUARANTEE, AND IS NOT RESPONSIBLE FOR THE NUTRITIONAL ADEQUACY 
 72.18  OF THIS FEED OR THE NUTRITIONAL SUITABILITY OF THIS FEED FOR ITS 
 72.19  INTENDED PURPOSE." 
 72.20     (c) The manufacturer of a customer formula feed the formula 
 72.21  of which is developed by someone other than the manufacturer is 
 72.22  not responsible or liable for the nutritional adequacy or the 
 72.23  nutritional suitability of the feed for its intended purpose if: 
 72.24  (1) the manufacturer does not make a claim of nutritional 
 72.25  adequacy for the customer formula feed and does not make a claim 
 72.26  for nutritional suitability of the feed for its intended 
 72.27  purpose; and (2) the manufacturer includes the disclaimer in 
 72.28  paragraph (b), clause (8).  A person other than the manufacturer 
 72.29  who develops or recommends a formula for a customer formula feed 
 72.30  is responsible for providing to the manufacturer of the feed the 
 72.31  appropriate labeling information and for providing the 
 72.32  appropriate use information to the feed manufacturer.  
 72.33     Sec. 48.  Minnesota Statutes 1996, section 25.36, is 
 72.34  amended to read: 
 72.35     25.36 [MISBRANDING.] 
 72.36     A commercial feed shall be deemed to be is misbranded if: 
 73.1      (a) If (1) its labeling is false or misleading in any 
 73.2   particular.; 
 73.3      (b) If (2) it is distributed under the name of another 
 73.4   commercial feed.; 
 73.5      (c) If (3) it is not labeled as required in section 25.35.; 
 73.6      (d) If (4) it purports to be or is represented as a 
 73.7   commercial feed, or if it purports to contain or is represented 
 73.8   as containing a commercial feed ingredient unless such that 
 73.9   commercial feed or feed ingredient conforms to the definition, 
 73.10  if any, prescribed by rule by the commissioner.; 
 73.11     (e) If (5) any word, statement, or other information 
 73.12  required by or under authority of sections 25.31 to 25.44 25.43 
 73.13  to appear on the label or labeling is not prominently 
 73.14  placed thereon on it with such conspicuousness as compared with 
 73.15  other words, statements, designs, or devices in the labeling, 
 73.16  and in such terms as to render it likely to be read and 
 73.17  understood by the ordinary individual under customary conditions 
 73.18  of purchase and use; or 
 73.19     (6) its labeling would deceive or mislead the purchaser 
 73.20  with respect to its composition or suitability. 
 73.21     Sec. 49.  Minnesota Statutes 1996, section 25.37, is 
 73.22  amended to read: 
 73.23     25.37 [ADULTERATION.] 
 73.24     (a) A commercial feed shall be deemed to be or a material 
 73.25  exempted from the definition of commercial feed under section 
 73.26  25.33, subdivision 5, is adulterated if: 
 73.27     (a) If (1) it bears or contains any a poisonous or 
 73.28  deleterious substance which may render it injurious to health; 
 73.29  but in case the substance is not an added substance, such the 
 73.30  commercial feed shall is not be considered adulterated under 
 73.31  this section if the quantity of such the substance in such the 
 73.32  commercial feed does not ordinarily render it injurious to 
 73.33  health; or 
 73.34     (b) If (2) it bears or contains any an added poisonous, 
 73.35  added deleterious, or added nonnutritive substance which is 
 73.36  unsafe within the meaning of section 406 of the federal Food, 
 74.1   Drug, and Cosmetic Act, other than the one which is a pesticide 
 74.2   chemical in or on a raw agricultural commodity, or a food 
 74.3   additive; or 
 74.4      (c) If (3) it is, unsafe or it bears or contains any food 
 74.5   additive which is unsafe within the meaning of section 409 of 
 74.6   the federal Food, Drug, and Cosmetic Act; or 
 74.7      (d) If (4) it is a raw agricultural commodity and it bears 
 74.8   or contains a pesticide chemical which is unsafe within the 
 74.9   meaning of section 408(a) of the federal Food, Drug, and 
 74.10  Cosmetic Act; provided, that where a pesticide chemical has been 
 74.11  used in or on a raw agricultural commodity in conformity with an 
 74.12  exemption granted or a tolerance prescribed under section 408 of 
 74.13  the federal Food, Drug, and Cosmetic Act and such that raw 
 74.14  agricultural commodity has been subjected to processing such as 
 74.15  canning, cooking, freezing, dehydrating, or milling, the residue 
 74.16  of such the pesticide chemical remaining in or on such the 
 74.17  processed feed shall is not be deemed unsafe if such the 
 74.18  residue in or on the raw agricultural commodity has been removed 
 74.19  to the extent possible in good manufacturing practice and the 
 74.20  concentration of such the residue in the processed feed is not 
 74.21  greater than the tolerance prescribed for the raw agricultural 
 74.22  commodity unless the feeding of such the processed feed will 
 74.23  result or is likely to result in a pesticide residue in the 
 74.24  edible product of the animal, which is unsafe within the meaning 
 74.25  of section 408(a) of the federal Food, Drug, and Cosmetic 
 74.26  Act; or 
 74.27     (e) If (5) it is, or it bears or contains any color 
 74.28  additive which is unsafe within the meaning of section 706 of 
 74.29  the federal Food, Drug, and Cosmetic Act; or 
 74.30     (6) it is, or it bears or contains, any new animal drug 
 74.31  which is unsafe within the meaning of section 512 of the federal 
 74.32  Food, Drug, and Cosmetic Act; 
 74.33     (7) it consists, in whole or in part, of any filthy, 
 74.34  putrid, or decomposed substance, or is otherwise unfit for feed; 
 74.35     (8) it has been prepared, packed, or held under unsanitary 
 74.36  conditions whereby it may have become contaminated with filth or 
 75.1   may have been rendered injurious to health; 
 75.2      (9) it is, in whole or in part, the product of a diseased 
 75.3   animal or of an animal which has died otherwise than by 
 75.4   slaughter which is unsafe within the meaning of section 
 75.5   402(a)(1) or (2) of the federal Food, Drug, and Cosmetic Act; 
 75.6      (10) its container is composed, in whole or in part, of any 
 75.7   poisonous or deleterious substance which may render the contents 
 75.8   injurious to health; or 
 75.9      (11) it has been intentionally subjected to radiation, 
 75.10  unless the use of the radiation was in conformity with a 
 75.11  regulation or exemption in effect under section 409 of the 
 75.12  federal Food, Drug, and Cosmetic Act.  
 75.13     (b) A commercial feed is adulterated if: 
 75.14     (f) If (1) any valuable constituent has been in whole or in 
 75.15  part omitted or abstracted therefrom from it or any less 
 75.16  valuable substance substituted therefor for a constituent; or 
 75.17     (g) If (2) its composition or quality falls below or 
 75.18  differs from that which it is purported or is represented to 
 75.19  possess by its labeling; or 
 75.20     (h) If (3) it contains a drug and the methods used in or 
 75.21  the facilities or controls used for its manufacture, processing, 
 75.22  or packaging do not conform to current good manufacturing 
 75.23  practice rules promulgated by the commissioner to assure that 
 75.24  the drug meets the requirement safety requirements of sections 
 75.25  25.31 to 25.44 as to safety 25.43 and has the identity and 
 75.26  strength and meets the quality and purity characteristics which 
 75.27  it purports or is represented to possess.  In promulgating such 
 75.28  adopting rules under this clause, the commissioner shall adopt 
 75.29  the current good manufacturing practice rules for medicated feed 
 75.30  premixes and for medicated feeds established under authority of 
 75.31  the federal Food, Drug, and Cosmetic Act, unless the 
 75.32  commissioner determines that they are not appropriate to the 
 75.33  conditions which exist in this state; or 
 75.34     (i) If (4) it contains viable weed seeds in amounts 
 75.35  exceeding the limits which established by the commissioner shall 
 75.36  establish by rule. 
 76.1      Sec. 50.  Minnesota Statutes 1996, section 25.38, is 
 76.2   amended to read: 
 76.3      25.38 [PROHIBITED ACTS.] 
 76.4      The following acts and the causing thereof within the state 
 76.5   of the following acts in Minnesota are prohibited: 
 76.6      (a) The (1) manufacture or distribution of any commercial 
 76.7   feed that is adulterated or misbranded.; 
 76.8      (b) The (2) adulteration or misbranding of any commercial 
 76.9   feed.; 
 76.10     (c) The (3) distribution of agricultural commodities such 
 76.11  as whole seed, hay, straw, stover, silage, cobs, husks, and 
 76.12  hulls, which are adulterated within the meaning of section 
 76.13  25.37, paragraph (a), (b), (c), and (d).; 
 76.14     (d) The (4) removal or disposal of a commercial feed in 
 76.15  violation of an order under section 25.42.; 
 76.16     (e) The (5) failure or refusal to register in accordance 
 76.17  with obtain a commercial feed license under section 
 76.18  25.34. 25.341 or to provide a small package listing under 
 76.19  section 25.39; or 
 76.20     (f) (6) failure to pay inspection fees or file reports as 
 76.21  required by section 25.39.  
 76.22     Sec. 51.  Minnesota Statutes 1996, section 25.39, is 
 76.23  amended to read: 
 76.24     25.39 [INSPECTION FEES AND REPORTS.] 
 76.25     Subdivision 1.  [AMOUNT OF FEE.] (a) An inspection fee at 
 76.26  the rate of 16 cents per ton shall must be paid to the 
 76.27  commissioner on commercial feeds distributed in this state by 
 76.28  the person who first distributes the commercial feed to the 
 76.29  consumer, subject to the following, except that no fee needs to 
 76.30  be paid on: 
 76.31     (a) No fee shall be paid on (1) a commercial feed if the 
 76.32  payment has been made by a previous distributor.; 
 76.33     (b) No fee shall be paid on (2) customer formula feeds if 
 76.34  the inspection fee is paid on the commercial feeds which are 
 76.35  used as ingredients therein.; or 
 76.36     (c) No fee shall be paid on (3) commercial feeds which are 
 77.1   used as ingredients for the manufacture of commercial 
 77.2   feeds which are registered if the fee has been paid by a 
 77.3   previous distributor.  If the fee has already been paid, 
 77.4   credit shall must be given for such that payment.  A Minnesota 
 77.5   feed distributor who distributes commercial feed to purchasers 
 77.6   outside the state may purchase commercial feeds, without payment 
 77.7   by any person of the inspection fee required on such those 
 77.8   purchases, under a permit issued by the commissioner.  Such 
 77.9   permits shall only be issued to commercial feed distributors who 
 77.10  comply with such rules as may be required adopted by the 
 77.11  commissioner relative to recordkeeping, tonnage of commercial 
 77.12  feed distributed in Minnesota, total of all commercial feed 
 77.13  tonnage distributed, and all other information which the 
 77.14  commissioner may require so as to insure ensure that proper 
 77.15  inspection fee payment has been made.  
 77.16     (d) (b) In the case of a commercial feed which is pet food 
 77.17  distributed in the state only in packages of ten pounds or less, 
 77.18  a listing of each product and a current label for each product 
 77.19  must be submitted annually on forms provided by the commissioner 
 77.20  and accompanied by an annual fee of $50 shall be paid for each 
 77.21  product in lieu of the inspection fee specified above.  This 
 77.22  annual fee is due by July 1.  The inspection fee required by 
 77.23  paragraph (a) applies to pet food distributed in packages 
 77.24  exceeding ten pounds. 
 77.25     (c) In the case of specialty pet food distributed in the 
 77.26  state only in packages of ten pounds or less, a listing of each 
 77.27  product and a current label for each product must be submitted 
 77.28  annually on forms provided by the commissioner and accompanied 
 77.29  by an annual fee of $25 for each product in lieu of the 
 77.30  inspection fee.  This annual fee is due by July 1.  The 
 77.31  inspection fee required by paragraph (a) applies to specialty 
 77.32  pet food distributed in packages exceeding ten pounds.  
 77.33     (d) The minimum inspection fee is $10 per annual reporting 
 77.34  period. 
 77.35     Subd. 1a.  [CONTAINERS OF TEN POUNDS OR LESS.] A 
 77.36  distributor who is subject to the annual fee specified in 
 78.1   subdivision 1, paragraph (b) or (c), shall do the following:  
 78.2      (1) before beginning distribution, file with the 
 78.3   commissioner a listing of pet and specialty pet foods to be 
 78.4   distributed in the state only in containers of ten pounds or 
 78.5   less, on forms provided by the commissioner.  The listing under 
 78.6   this clause must be renewed annually before July 1 and is the 
 78.7   basis for the payment of the annual fee.  New products added 
 78.8   during the year must be submitted to the commissioner as a 
 78.9   supplement to the annual listing before distribution; and 
 78.10     (2) if the annual renewal of the listing is not received 
 78.11  before July 1 or if an unlisted product is distributed, pay a 
 78.12  late filing fee of $10 per product in addition to the normal 
 78.13  charge for the listing.  The late filing fee under this clause 
 78.14  is in addition to any other penalty under this chapter.  
 78.15     Subd. 2.  [SEMIANNUAL ANNUAL STATEMENT.] Each A person who 
 78.16  is liable for the payment of such a fee under this section shall 
 78.17  file with the commissioner on forms furnished by the 
 78.18  commissioner, a semiannual an annual statement for the periods 
 78.19  ending December 31 and June 30 setting forth the number of net 
 78.20  tons of commercial feeds distributed in this state during such 
 78.21  reporting period the calendar year.  The report shall be is 
 78.22  due on or before by the 30th 31st of the month following the 
 78.23  close of each reporting period of each calendar year each 
 78.24  January.  The inspection fee at the rate specified in 
 78.25  subdivision 1, shall must accompany the statement.  For each 
 78.26  tonnage report not filed or payment of inspection fees not 
 78.27  made within 30 days after the end of a reporting period on time, 
 78.28  a penalty of 10 ten percent of the amount due, with a minimum 
 78.29  penalty of $10, shall must be assessed against the registrant, 
 78.30  and the amount of fees due, plus penalty, shall constitute is a 
 78.31  debt and may be recovered in a civil action against the 
 78.32  registrant.  The assessment of this penalty shall does not 
 78.33  prevent the department from taking other actions as provided in 
 78.34  this chapter.  
 78.35     Subd. 3.  [RECORDS.] Each distributor person required to 
 78.36  pay an inspection fee or to report in accordance with this 
 79.1   section shall keep such records as may be that are necessary or 
 79.2   required by the commissioner to indicate accurately the tonnage 
 79.3   of commercial feed distributed in this state, and the 
 79.4   commissioner shall have the right to may examine such those 
 79.5   records to verify statements of tonnage.  Failure to make an 
 79.6   accurate statement of tonnage or to pay the inspection fee or 
 79.7   comply as provided herein shall constitute with this section is 
 79.8   sufficient cause for the cancellation of all registrations on 
 79.9   file for the commercial feed license of the distributor.  
 79.10     Subd. 4.  [COMMERCIAL FEED INSPECTION ACCOUNT.] A 
 79.11  commercial feed inspection account is established in the state 
 79.12  treasury.  Fees and penalties collected under sections 25.35 to 
 79.13  25.44 25.43 and interest attributable to money in the account 
 79.14  must be deposited in the state treasury and credited to the 
 79.15  commercial feed inspection account.  
 79.16     Sec. 52.  Minnesota Statutes 1996, section 25.41, 
 79.17  subdivision 6, is amended to read: 
 79.18     Subd. 6.  [METHODS.] Sampling and analysis shall must be 
 79.19  conducted in accordance with methods published by 
 79.20  the Association of Official Analytical Chemists, AOAC 
 79.21  International or in accordance with other generally recognized 
 79.22  methods.  
 79.23     Sec. 53.  Minnesota Statutes 1996, section 28A.08, 
 79.24  subdivision 3, is amended to read: 
 79.25     Subd. 3.  [FEES EFFECTIVE JULY 1, 1996.] 
 79.26                                                    Penalties 
 79.27  Type of food handler                    License  Late     No
 79.28                                          Fee      Renewal  License
 79.29                                          Effective
 79.30                                          July 1, 1996
 79.31  1.   Retail food handler
 79.32       (a) Having gross sales of only
 79.33       prepackaged nonperishable food
 79.34       of less than $15,000 for 
 79.35       the immediately previous 
 79.36       license or fiscal year and 
 80.1        filing a statement with the 
 80.2        commissioner                       $ 45     $ 15     $ 25
 80.3        (b) Having under $15,000 gross
 80.4        sales including food preparation 
 80.5        or having $15,000 to $50,000 
 80.6        gross sales for the immediately 
 80.7        previous license or fiscal year    $ 61     $ 15     $ 25
 80.8        (c) Having $50,000 to $250,000 
 80.9        gross sales for the immediately  
 80.10       previous license or fiscal year    $118     $ 35     $ 75
 80.11       (d) Having $250,000 to 
 80.12       $1,000,000 gross sales for the 
 80.13       immediately previous license or 
 80.14       fiscal year                        $202     $ 50     $100
 80.15       (e) Having $1,000,000 to 
 80.16       $5,000,000 gross sales for the 
 80.17       immediately previous license or 
 80.18       fiscal year                        $562     $100     $175
 80.19       (f) Having $5,000,000 to
 80.20       $10,000,000 gross sales for the
 80.21       immediately previous license or
 80.22       fiscal year                        $787     $150     $300
 80.23       (g) Having over $10,000,000
 80.24       gross sales for the immediately
 80.25       previous license or fiscal year    $899     $200     $350
 80.26  2.   Wholesale food handler
 80.27       (a) Having gross sales or
 80.28       service of less than $25,000
 80.29       for the immediately previous 
 80.30       license or fiscal year             $ 50     $ 15     $ 15
 80.31       (b) Having $25,000 to
 80.32       $250,000 gross sales or
 80.33       service for the immediately 
 80.34       previous license or fiscal year    $225     $ 50     $100
 80.35       (c) Having $250,000 to 
 80.36       $1,000,000 gross sales or
 81.1        service from a mobile unit
 81.2        without a separate food facility
 81.3        for the immediately previous
 81.4        license or fiscal year             $337     $ 75     $150
 81.5        (d) Having $250,000 to 
 81.6        $1,000,000 gross sales or
 81.7        service not covered under 
 81.8        paragraph (c) for the immediately 
 81.9        previous license or fiscal year    $449     $100     $200
 81.10       (e) Having $1,000,000 to
 81.11       $5,000,000 gross sales or 
 81.12       service for the immediately 
 81.13       previous license or fiscal year    $562     $125     $250
 81.14       (f) Having over $5,000,000 gross
 81.15       sales for the immediately 
 81.16       previous license or fiscal year    $647     $150     $300
 81.17  3.   Food broker                        $112     $ 30     $ 50
 81.18  4.   Wholesale food processor
 81.19       or manufacturer 
 81.20       (a) Having gross sales of less 
 81.21       than $250,000 $125,000 for the 
 81.22       immediately previous license 
 81.23       or fiscal year                     $310     $ 75     $150 
 81.24                                          $150     $ 50     $100 
 81.25       (b) Having $250,000 $125,000 
 81.26       to $1,000,000 $250,000 gross 
 81.27       sales for the immediately 
 81.28       previous license or fiscal year    $449     $100     $200 
 81.29                                          $310     $ 75     $150 
 81.30       (c) Having $1,000,000 $250,001 
 81.31       to $5,000,000 $1,000,000 gross 
 81.32       sales for the immediately 
 81.33       previous license or fiscal year    $562     $125     $250 
 81.34                                          $449     $100     $200 
 81.35       (d) Having over $1,000,001 
 81.36       to $5,000,000 gross sales 
 82.1        for the immediately previous  
 82.2        license or fiscal year             $647     $150     $300 
 82.3                                           $562     $125     $250 
 82.4        (e) Having $5,000,001 to 
 82.5        $10,000,000 gross sales for 
 82.6        the immediately previous 
 82.7        license or fiscal year             $647     $150     $300 
 82.8        (f) Having over $10,000,000 
 82.9        gross sales for the immediately 
 82.10       previous license or fiscal year    $900     $200     $350 
 82.11  5.   Wholesale food processor of
 82.12       meat or poultry products
 82.13       under supervision of the
 82.14       U. S. Department of Agriculture 
 82.15       (a) Having gross sales of less 
 82.16       than $250,000 $125,000 for the 
 82.17       immediately previous license 
 82.18       or fiscal year                     $169     $ 50     $ 75
 82.19                                          $100     $ 25     $ 50
 82.20       (b) Having $250,000 $125,000 
 82.21       to $1,000,000 $250,000 gross 
 82.22       sales for the immediately 
 82.23       previous license or fiscal year    $253     $ 75     $125
 82.24                                          $169     $ 50     $ 75
 82.25       (c) Having $1,000,000 $250,001 
 82.26       to $5,000,000 $1,000,000 gross 
 82.27       sales for the immediately 
 82.28       previous license or fiscal year    $310     $ 75     $150
 82.29                                          $253              $125
 82.30       (d) Having over $1,000,001 
 82.31       to $5,000,000 gross sales 
 82.32       for the immediately previous 
 82.33       license or fiscal year             $366     $100     $175
 82.34                                          $310     $ 75     $150
 82.35       (e) Having $5,000,001 to 
 82.36       $10,000,000 gross sales for 
 83.1        the immediately previous 
 83.2        license or fiscal year             $366     $100     $175 
 83.3        (f) Having over $10,000,000 
 83.4        gross sales for the immediately 
 83.5        previous license or fiscal year    $500     $150     $250 
 83.6   6.   Wholesale food manufacturer
 83.7        having the permission of the
 83.8        commissioner to use the name
 83.9        Minnesota Farmstead cheese         $ 30     $ 10     $ 15
 83.10  7.   Nonresident frozen dairy 
 83.11       manufacturer                       $200     $ 50     $ 75
 83.12  8.   Wholesale food manufacturer
 83.13       processing less than 70,000 700,000
 83.14       pounds per year of cultured 
 83.15       dairy food as defined in 
 83.16       section 32.486, subdivision 1,
 83.17       paragraph (b) raw milk             $ 30     $ 10     $ 15
 83.18  9.   A milk marketing organization
 83.19       without facilities for 
 83.20       processing or manufacturing 
 83.21       that purchases milk from milk
 83.22       producers for delivery to a
 83.23       licensed wholesale food 
 83.24       processor or manufacturer          $ 50     $ 15     $ 25
 83.25     Sec. 54.  Minnesota Statutes 1996, section 32.103, is 
 83.26  amended to read: 
 83.27     32.103 [INSPECTION OF DAIRIES.] 
 83.28     (a) At times the commissioner determines proper, the 
 83.29  commissioner shall cause to be inspected all places where dairy 
 83.30  products are made, stored, or served as food for pay, and all 
 83.31  places where cows are kept by persons engaged in the sale of 
 83.32  milk, and shall require the correction of all insanitary 
 83.33  conditions and practices found.  During routine inspections or 
 83.34  as necessary, the commissioner shall inspect for: 
 83.35     (1) evidence of use of rBGH in violation of section 32.75, 
 83.36  by producers providing affidavits of nontreatment under that 
 84.1   section; and 
 84.2      (2) mercury manometers in violation of section 116.92. 
 84.3      (b) A refusal or physical threat that prevents the 
 84.4   completion of an inspection or neglect to obey a lawful 
 84.5   direction of the commissioner or the commissioner's agent given 
 84.6   while carrying out this section may result in the suspension of 
 84.7   the offender's permit or certification.  The offender is 
 84.8   required to meet with a representative of the offender's plant 
 84.9   or marketing organization and a representative of the 
 84.10  commissioner within 48 hours excluding holidays or weekends or 
 84.11  the suspension will take effect.  A producer may request a 
 84.12  hearing before the commissioner or the commissioner's agent if a 
 84.13  serious concern exists relative to the retention of the 
 84.14  offender's permit or certification to sell milk. 
 84.15     Sec. 55.  Minnesota Statutes 1996, section 32.394, 
 84.16  subdivision 11, is amended to read: 
 84.17     Subd. 11.  [WAIVER OF RULES; WATER WELL DISTANCE 
 84.18  REQUIREMENT.] A dairy farmer who wishes to be permitted to 
 84.19  produce grade A milk may not be denied the grade A permit solely 
 84.20  because of provisions in rules adopted by the commissioner of 
 84.21  health requiring a minimum distance between a water well and a 
 84.22  dairy barn.  To be eligible for a grade A permit, the following 
 84.23  conditions must be met: 
 84.24     (1) the water well must have been in place prior to January 
 84.25  1, 1974; 
 84.26     (2) the water well must comply with all rules of the 
 84.27  commissioner of health other than the minimum distance 
 84.28  requirement; and 
 84.29     (3) water from the well must be tested at least once every 
 84.30  six months in compliance with guidelines established by the 
 84.31  commissioner of agriculture unless the water from the well meets 
 84.32  water quality requirements for three consecutive years, in which 
 84.33  case the water must be tested only once every 12 months until 
 84.34  the water fails to meet water quality requirements during one of 
 84.35  the tests. 
 84.36     Sec. 56.  Minnesota Statutes 1996, section 32.415, is 
 85.1   amended to read: 
 85.2      32.415 [MILK FOR MANUFACTURING; QUALITY STANDARDS.] 
 85.3      (a) The commissioner may adopt rules to provide uniform 
 85.4   quality standards, and producers of milk used for manufacturing 
 85.5   purposes shall conform to the standards contained in Subparts B, 
 85.6   C, D, E, and F of the United States Department of Agriculture 
 85.7   Consumer and Marketing Service Recommended Requirements for Milk 
 85.8   for Manufacturing Purposes and its Production and Processing, 
 85.9   Vol. 37 Federal Register, No. 68, Part II, April 7, 1972, as 
 85.10  revised through March 1, 1996 1997, except that the commissioner 
 85.11  shall develop methods by which producers can comply with the 
 85.12  standards without violation of religious beliefs.  
 85.13     (b) The commissioner shall perform or contract for the 
 85.14  performance of the inspections necessary to implement this 
 85.15  section or shall certify dairy industry personnel to perform the 
 85.16  inspections.  
 85.17     (c) The commissioner and other employees of the department 
 85.18  shall make every reasonable effort to assist producers in 
 85.19  achieving the milk quality standards at minimum cost and to use 
 85.20  the experience and expertise of the University of Minnesota and 
 85.21  the agricultural extension service to assist producers in 
 85.22  achieving the milk quality standards in the most cost-effective 
 85.23  manner.  
 85.24     (d) The commissioner shall consult with producers, 
 85.25  processors, and others involved in the dairy industry in order 
 85.26  to prepare for the implementation of this section including 
 85.27  development of informational and educational materials, 
 85.28  meetings, and other methods of informing producers about the 
 85.29  implementation of standards under this section. 
 85.30     Sec. 57.  Minnesota Statutes 1996, section 41A.09, 
 85.31  subdivision 3a, is amended to read: 
 85.32     Subd. 3a.  [PAYMENTS.] (a) The commissioner of agriculture 
 85.33  shall make cash payments to producers of ethanol, anhydrous 
 85.34  alcohol, and wet alcohol located in the state.  These payments 
 85.35  shall apply only to ethanol, anhydrous alcohol, and wet alcohol 
 85.36  fermented in the state and produced at plants that have begun 
 86.1   production by June 30, 2000.  For the purpose of this 
 86.2   subdivision, an entity that holds a controlling interest in more 
 86.3   than one ethanol plant is considered a single producer.  The 
 86.4   amount of the payment for each producer's annual production is: 
 86.5      (1) except as provided in paragraph (b), for each gallon of 
 86.6   ethanol or anhydrous alcohol produced on or before June 30, 
 86.7   2000, or ten years after the start of production, whichever is 
 86.8   later, 20 cents per gallon; and 
 86.9      (2) for each gallon produced of wet alcohol on or before 
 86.10  June 30, 2000, or ten years after the start of production, 
 86.11  whichever is later, a payment in cents per gallon calculated by 
 86.12  the formula "alcohol purity in percent divided by five," and 
 86.13  rounded to the nearest cent per gallon, but not less than 11 
 86.14  cents per gallon. 
 86.15     The producer payments for anhydrous alcohol and wet alcohol 
 86.16  under this section may be paid to either the original producer 
 86.17  of anhydrous alcohol or wet alcohol or the secondary processor, 
 86.18  at the option of the original producer, but not to both. 
 86.19     (b) If the level of production at an ethanol plant 
 86.20  increases due to an increase in the production capacity of the 
 86.21  plant and the increased production begins by June 30, 2000, the 
 86.22  payment under paragraph (a), clause (1), applies to the 
 86.23  additional increment of production until ten years after the 
 86.24  increased production began.  Once a plant's production capacity 
 86.25  reaches 15,000,000 gallons per year, no additional increment 
 86.26  will qualify for the payment. 
 86.27     (c) The commissioner shall make payments to producers of 
 86.28  ethanol or wet alcohol in the amount of 1.5 cents for each 
 86.29  kilowatt hour of electricity generated using closed-loop biomass 
 86.30  in a cogeneration facility at an ethanol plant located in the 
 86.31  state.  Payments under this paragraph shall be made only for 
 86.32  electricity generated at cogeneration facilities that begin 
 86.33  operation by June 30, 2000.  The payments apply to electricity 
 86.34  generated on or before the date ten years after the producer 
 86.35  first qualifies for payment under this paragraph.  Total 
 86.36  payments under this paragraph in any fiscal year may not exceed 
 87.1   $750,000.  For the purposes of this paragraph: 
 87.2      (1) "closed-loop biomass" means any organic material from a 
 87.3   plant that is planted for the purpose of being used to generate 
 87.4   electricity or for multiple purposes that include being used to 
 87.5   generate electricity; and 
 87.6      (2) "cogeneration" means the combined generation of: 
 87.7      (i) electrical or mechanical power; and 
 87.8      (ii) steam or forms of useful energy, such as heat, that 
 87.9   are used for industrial, commercial, heating, or cooling 
 87.10  purposes. 
 87.11     (d) The total payments under paragraphs (a) and (b) to all 
 87.12  producers may not exceed $30,000,000 $34,000,000 in a fiscal 
 87.13  year.  Total payments under paragraphs (a) and (b) to a producer 
 87.14  in a fiscal year may not exceed $3,000,000. 
 87.15     (e) By the last day of October, January, April, and July, 
 87.16  each producer shall file a claim for payment for ethanol, 
 87.17  anhydrous alcohol, and wet alcohol production during the 
 87.18  preceding three calendar months.  A producer with more than one 
 87.19  plant shall file a separate claim for each plant.  A producer 
 87.20  shall file a separate claim for the original production capacity 
 87.21  of each plant and for each additional increment of production 
 87.22  that qualifies under paragraph (b).  A producer that files a 
 87.23  claim under this subdivision shall include a statement of the 
 87.24  producer's total ethanol, anhydrous alcohol, and wet alcohol 
 87.25  production in Minnesota during the quarter covered by the claim, 
 87.26  including anhydrous alcohol and wet alcohol produced or received 
 87.27  from an outside source.  A producer shall file a separate claim 
 87.28  for any amount claimed under paragraph (c).  For each claim and 
 87.29  statement of total ethanol, anhydrous alcohol, and wet alcohol 
 87.30  production filed under this subdivision, the volume of ethanol, 
 87.31  anhydrous alcohol, and wet alcohol production or amounts of 
 87.32  electricity generated using closed-loop biomass must be examined 
 87.33  by an independent certified public accountant in accordance with 
 87.34  standards established by the American Institute of Certified 
 87.35  Public Accountants. 
 87.36     (f) Payments shall be made November 15, February 15, May 
 88.1   15, and August 15.  A separate payment shall be made for each 
 88.2   claim filed.  The total quarterly payment to a producer under 
 88.3   this paragraph, excluding amounts paid under paragraph (c), may 
 88.4   not exceed $750,000.  If the total amount for which all 
 88.5   producers are eligible in a quarter under paragraphs (a) and (b) 
 88.6   exceeds $7,500,000 $8,500,000, the commissioner shall make 
 88.7   payments in the order in which the portion of production 
 88.8   capacity covered by each claim went into production.  If the 
 88.9   total amount of ethanol or wet alcohol production reported for a 
 88.10  quarter under paragraph (e) equals or exceeds 55,000,000 gallons:
 88.11     (1) payments under this subdivision do not apply to the 
 88.12  amount produced in excess of 55,000,000 gallons; 
 88.13     (2) the commissioner shall make payments to producers in 
 88.14  the order in which the portion of production capacity covered by 
 88.15  each claim began production; and 
 88.16     (3) only those producers that receive payments for the 
 88.17  quarter, or received payments under paragraph (a) or (b) in an 
 88.18  earlier quarter, will be eligible for future ethanol or wet 
 88.19  alcohol production payments under this subdivision. 
 88.20     (g) If the total amount for which all producers are 
 88.21  eligible in a quarter under paragraph (c) exceeds the amount 
 88.22  available for payments, the commissioner shall make payments in 
 88.23  the order in which the plants covered by the claims began 
 88.24  generating electricity using closed-loop biomass. 
 88.25     (h) After the effective date of this section, new 
 88.26  production capacity is only eligible for payment under this 
 88.27  subdivision if the commissioner receives: 
 88.28     (1) an application for approval of the new production 
 88.29  capacity; 
 88.30     (2) an appropriate letter of long-term financial commitment 
 88.31  for construction of the new capacity; and 
 88.32     (3) copies of all necessary permits for construction of the 
 88.33  new capacity. 
 88.34     The commissioner may approve the additional capacity based 
 88.35  on the order in which the applications are received.  The 
 88.36  commissioner shall not approve production capacity in excess of 
 89.1   the limitations in paragraph (f).  Existing plants are not 
 89.2   eligible for new capacity beyond planned expansions reported to 
 89.3   the commissioner by February 1997. 
 89.4      Sec. 58.  Minnesota Statutes 1996, section 84.027, is 
 89.5   amended by adding a subdivision to read: 
 89.6      Subd. 15.  [ELECTRONIC TRANSACTIONS.] (a) The commissioner 
 89.7   may receive an application for, sell, and issue any license, 
 89.8   stamp, permit, registration, or transfer under the jurisdiction 
 89.9   of the commissioner by electronic means, including by 
 89.10  telephone.  The commissioner may: 
 89.11     (1) provide for the electronic transfer of funds generated 
 89.12  by electronic transactions, including by telephone; 
 89.13     (2) assign a license identification number to an applicant 
 89.14  who purchases a hunting or fishing license by electronic means, 
 89.15  to serve as temporary authorization to engage in the licensed 
 89.16  activity until the license is received or expires; 
 89.17     (3) charge and permit agents to charge a fee of individuals 
 89.18  who make electronic transactions, and transactions by telephone, 
 89.19  including a transaction fee under section 97A.485, subdivision 
 89.20  6, and a credit card fee not to exceed $3.50 for electronic 
 89.21  transactions; 
 89.22     (4) select up to four volunteer counties, not more than two 
 89.23  in the metropolitan area, to participate in this pilot project 
 89.24  and the counties shall select the participating agents; and 
 89.25     (5) adopt rules to administer the provisions of this 
 89.26  subdivision. 
 89.27     (b) A county shall not collect a commission for the sale of 
 89.28  licenses or permits made by agents selected by the participating 
 89.29  counties under this subdivision. 
 89.30     Sec. 59.  Minnesota Statutes 1996, section 84.0273, is 
 89.31  amended to read: 
 89.32     84.0273 [CORRECTION ESTABLISHMENT OF BOUNDARY LINES 
 89.33  RELATING TO CERTAIN STATE LANDHOLDINGS.] 
 89.34     In order to correct errors in legal descriptions resolve 
 89.35  boundary line issues affecting the ownership interests of the 
 89.36  state and adjacent landowners, the commissioner of natural 
 90.1   resources may, in the name of the state upon terms the 
 90.2   commissioner deems appropriate, convey, without monetary 
 90.3   consideration, by a boundary line agreement, quitclaim deed, or 
 90.4   management agreement in such form as the attorney general 
 90.5   approves, such rights, titles, and interests of the state in 
 90.6   state lands for such rights, titles and interests in adjacent 
 90.7   lands as are necessary for the purpose of correcting legal 
 90.8   descriptions of establishing boundaries.  A notice of the 
 90.9   proposed conveyance and a brief statement of the reason therefor 
 90.10  shall be published once in the State Register by the 
 90.11  commissioner between 15 and 30 days prior to conveyance.  The 
 90.12  provisions of this section are not intended to replace or 
 90.13  supersede laws relating to land exchange or disposal of surplus 
 90.14  state property. 
 90.15     Sec. 60.  Minnesota Statutes 1996, section 84.0887, 
 90.16  subdivision 2, is amended to read: 
 90.17     Subd. 2.  [ADDITIONAL SERVICES; CORPS TO CAREER COMMUNITY 
 90.18  SERVICE.] (a) In addition to services under subdivision 1, youth 
 90.19  corps programs may coordinate with or provide services to: 
 90.20     (1) making public facilities accessible to individuals with 
 90.21  disabilities; 
 90.22     (2) federal, state, local, and regional governmental 
 90.23  agencies; 
 90.24     (3) nursing homes, hospices, senior centers, hospitals, 
 90.25  local libraries, parks, recreational facilities, child and adult 
 90.26  day care centers, programs servicing individuals with 
 90.27  disabilities, and schools; 
 90.28     (4) law enforcement agencies, and penal and probation 
 90.29  systems; 
 90.30     (5) private nonprofit organizations that primarily focus on 
 90.31  social service such as community action agencies; 
 90.32     (6) activities that focus on the rehabilitation or 
 90.33  improvement of public facilities, neighborhood improvements, 
 90.34  literacy training that benefits educationally disadvantaged 
 90.35  individuals, weatherization of and basic repairs to low-income 
 90.36  housing including housing occupied by older adults, activities 
 91.1   that focus on drug and alcohol abuse education, prevention, and 
 91.2   treatment; and 
 91.3      (7) any other nonpartisan civic activities and services 
 91.4   that the commissioner determines to be of a substantial social 
 91.5   benefit in meeting unmet human, educational, or environmental 
 91.6   needs, particularly needs related to poverty, or in the 
 91.7   community where volunteer service is to be performed. 
 91.8      (b) Youth and young adults may provide full-time or 
 91.9   part-time youth community service in a program known as "corps 
 91.10  to career" if the individual: 
 91.11     (1) is an unemployed high school dropout and is a parent of 
 91.12  a minor member of an assistance unit under the AFDC, MFIP or 
 91.13  MFIP-R programs under chapter 256 or under the MFIP-S program 
 91.14  under chapter 256J, or is a person who is a member of an 
 91.15  assistance unit under the AFDC, MFIP or MFIP-R programs under 
 91.16  chapter 256 or under the MFIP-S program under chapter 256J; 
 91.17     (2) agrees to only use the individual's postservice benefit 
 91.18  under the federal Americorps Act to complete a customized job 
 91.19  training program that requires 20 percent of the individual's 
 91.20  time to be spent in the corps to career program and that is 
 91.21  consistent with the work requirements of the employment and 
 91.22  training services component of the MFIP-S program under chapter 
 91.23  256J or, if a customized job training program is unavailable, 
 91.24  agrees to use the postservice benefit consistent with the 
 91.25  federal education award; and 
 91.26     (3) during the entire time the individual completes the 
 91.27  individual's job training program, resides within an enterprise 
 91.28  zone as defined in section 469.303. 
 91.29     To be eligible under this paragraph, any individual who 
 91.30  receives assistance under clause (1) after MFIP-S has been 
 91.31  implemented in the individual's county of financial 
 91.32  responsibility, and who meets the requirements in clauses (2) 
 91.33  and (3), also must meet the requirements of the employment and 
 91.34  training services component of the MFIP-S program under chapter 
 91.35  256J.  
 91.36     (c) The commissioner of natural resources shall ensure that 
 92.1   the corps to career program will not decrease employment 
 92.2   opportunities that would be available without the program; will 
 92.3   not displace current employees including any partial 
 92.4   displacement in the form of reduced hours of work other than 
 92.5   overtime, wages, employment benefits, or regular seasonal work; 
 92.6   will not impair existing labor agreements; and will not result 
 92.7   in the substitution of project funding for preexisting funds or 
 92.8   sources of funds for ongoing work. 
 92.9      Sec. 61.  Minnesota Statutes 1996, section 84.82, 
 92.10  subdivision 3, is amended to read: 
 92.11     Subd. 3.  [FEES FOR REGISTRATION.] (a) The fee for 
 92.12  registration of each snowmobile, other than those used for an 
 92.13  agricultural purpose, as defined in section 84.92, subdivision 
 92.14  1c, or those registered by a dealer or manufacturer pursuant to 
 92.15  clause (b) or (c) shall be as follows:  $30 $45 for three years 
 92.16  and $4 for a duplicate or transfer. 
 92.17     (b) The total registration fee for all snowmobiles owned by 
 92.18  a dealer and operated for demonstration or testing purposes 
 92.19  shall be $50 per year. 
 92.20     (c) The total registration fee for all snowmobiles owned by 
 92.21  a manufacturer and operated for research, testing, 
 92.22  experimentation, or demonstration purposes shall be $150 per 
 92.23  year.  Dealer and manufacturer registrations are not 
 92.24  transferable. 
 92.25     Sec. 62.  [84.8205] [SNOWMOBILE STATE TRAIL PERMIT.] 
 92.26     A snowmobile that is not registered in this state may not 
 92.27  be operated on a state or grant-in-aid snowmobile trail unless 
 92.28  the snowmobile operator has in possession a snowmobile state 
 92.29  trail permit.  The commissioner of natural resources shall issue 
 92.30  a permit upon application and payment of a $15 fee.  The permit 
 92.31  is valid from November 1 through April 30.  Fees collected under 
 92.32  this section shall be deposited in the state treasury and 
 92.33  credited to the snowmobile trails and enforcement account in the 
 92.34  natural resources fund. 
 92.35     Sec. 63.  Minnesota Statutes 1996, section 84.86, 
 92.36  subdivision 1, is amended to read: 
 93.1      Subdivision 1.  With a view of achieving maximum use of 
 93.2   snowmobiles consistent with protection of the environment the 
 93.3   commissioner of natural resources shall adopt rules in the 
 93.4   manner provided by chapter 14, for the following purposes: 
 93.5      (1) Registration of snowmobiles and display of registration 
 93.6   numbers. 
 93.7      (2) Use of snowmobiles insofar as game and fish resources 
 93.8   are affected. 
 93.9      (3) Use of snowmobiles on public lands and waters, or on 
 93.10  grant-in-aid trails. 
 93.11     (4) Uniform signs to be used by the state, counties, and 
 93.12  cities, which are necessary or desirable to control, direct, or 
 93.13  regulate the operation and use of snowmobiles. 
 93.14     (5) Specifications relating to snowmobile mufflers. 
 93.15     (6) A comprehensive snowmobile information and safety 
 93.16  education and training program, including but not limited to the 
 93.17  preparation and dissemination of snowmobile information and 
 93.18  safety advice to the public, the training of snowmobile 
 93.19  operators, and the issuance of snowmobile safety certificates to 
 93.20  snowmobile operators who successfully complete the snowmobile 
 93.21  safety education and training course.  For the purpose of 
 93.22  administering such program and to defray a portion of the 
 93.23  expenses of training and certifying snowmobile operators, the 
 93.24  commissioner shall collect a fee of not to exceed $5 from each 
 93.25  person who receives the youth and young adult training and a fee 
 93.26  established under chapter 16A from each person who receives the 
 93.27  adult training.  The commissioner shall deposit the fee in the 
 93.28  snowmobile trails and enforcement account and the amount thereof 
 93.29  is appropriated annually to the commissioner of natural 
 93.30  resources for the administration of such programs.  The 
 93.31  commissioner shall cooperate with private organizations and 
 93.32  associations, private and public corporations, and local 
 93.33  governmental units in furtherance of the program established 
 93.34  under this clause.  The commissioner shall consult with the 
 93.35  commissioner of public safety in regard to training program 
 93.36  subject matter and performance testing that leads to the 
 94.1   certification of snowmobile operators. 
 94.2      (7) The operator of any snowmobile involved in an accident 
 94.3   resulting in injury requiring medical attention or 
 94.4   hospitalization to or death of any person or total damage to an 
 94.5   extent of $500 or more, shall forward a written report of the 
 94.6   accident to the commissioner on such form as the commissioner 
 94.7   shall prescribe.  If the operator is killed or is unable to file 
 94.8   a report due to incapacitation, any peace officer investigating 
 94.9   the accident shall file the accident report within ten business 
 94.10  days. 
 94.11     Sec. 64.  [84.862] [SNOWMOBILE TRAINING REQUIRED.] 
 94.12     Subdivision 1.  [YOUTH AND YOUNG ADULT SAFETY 
 94.13  TRAINING.] Effective October 1, 1998, any resident born after 
 94.14  December 31, 1979, who operates a snowmobile in Minnesota, must 
 94.15  possess a valid snowmobile safety certificate or a driver's 
 94.16  license or identification card with a valid snowmobile 
 94.17  qualification indicator issued under section 171.07, subdivision 
 94.18  12.  The certificate or qualification indicator may only be 
 94.19  issued upon successful completion of the course authorized under 
 94.20  section 84.86. 
 94.21     Subd. 2.  [ADULT SAFETY TRAINING.] Effective October 1, 
 94.22  2002, any resident born after December 31, 1976, and before 
 94.23  December 31, 1983, who operates a snowmobile in Minnesota, must 
 94.24  possess a valid operators permit or drivers license or 
 94.25  identification card with a valid snowmobile qualification 
 94.26  indicator issued under section 171.07, subdivision 12, showing 
 94.27  successful completion of a safety course designed for adults.  
 94.28  Whenever possible, the course shall include a riding component 
 94.29  that stresses stopping distances. 
 94.30     Subd. 3.  [TRAINING FOR OFFENDERS.] Any person who is 
 94.31  convicted for a second or subsequent speeding violation in a 
 94.32  snowmobile season, or any conviction for careless or reckless 
 94.33  operation of a snowmobile, must successfully complete the 
 94.34  training course in subdivision 1 or 2 before continuing 
 94.35  operation of a snowmobile. 
 94.36     Sec. 65.  Minnesota Statutes 1996, section 85.015, is 
 95.1   amended by adding a subdivision to read: 
 95.2      Subd. 1c.  [METAL TRACTION DEVICES; PROHIBITION ON PAVED 
 95.3   TRAILS.] A person may not use a snowmobile with metal traction 
 95.4   devices on any paved state trail. 
 95.5      Sec. 66.  Minnesota Statutes 1996, section 85.015, is 
 95.6   amended by adding a subdivision to read: 
 95.7      Subd. 20.  [STAGECOACH TRAIL; STEELE, DODGE, AND OLMSTED 
 95.8   COUNTIES.] The trail shall originate at the Douglas trail near 
 95.9   the city of Rochester in Olmsted county and extend westerly 
 95.10  along the Zumbro river valley to the city of Mantorville and the 
 95.11  village of Wasioja in Dodge county, following as closely as 
 95.12  possible the historic stagecoach trail to Wasioja, through Rice 
 95.13  Lake state park to the city of Owatonna in Steele county. 
 95.14     Sec. 67.  Minnesota Statutes 1996, section 85.055, is 
 95.15  amended by adding a subdivision to read: 
 95.16     Subd. 1a.  [PATRON PERMIT.] The commissioner may develop a 
 95.17  special patron permit requiring persons to pay an additional 
 95.18  amount above the annual permit fee required in subdivision 1.  
 95.19  The additional amount paid under this subdivision shall be 
 95.20  deposited in the state treasury and credited to the working 
 95.21  capital account under section 85.22, subdivision 1. 
 95.22     Sec. 68.  Minnesota Statutes 1996, section 85A.04, 
 95.23  subdivision 4, is amended to read: 
 95.24     Subd. 4.  [ZOO CONCESSION AND REVENUE ACCOUNT.] All 
 95.25  receipts and interest from the operation of zoo concessions, 
 95.26  memberships, and donations must be deposited in a special 
 95.27  account in the special revenue fund and are appropriated to the 
 95.28  board.  
 95.29     Sec. 69.  Minnesota Statutes 1996, section 86A.23, is 
 95.30  amended to read: 
 95.31     86A.23 [OPEN FACILITIES; LIABILITY EXEMPTION.] 
 95.32     Facilities in harbors and connecting waterways established 
 95.33  under sections 86A.20 to 86A.24 shall be public and open to all 
 95.34  users on equal and reasonable terms.  Users shall have no cause 
 95.35  of action against owners of land adjacent to small craft harbors 
 95.36  and mooring facilities for damage as a result of noise and dust 
 96.1   generated by facilities of iron-producing industries. 
 96.2      Sec. 70.  Minnesota Statutes 1996, section 88.79, is 
 96.3   amended by adding a subdivision to read: 
 96.4      Subd. 3.  [COST-SHARING OF CONSERVATION PRACTICES.] The 
 96.5   commissioner of natural resources may provide cost-sharing of 
 96.6   conservation practices to nonindustrial owners of less than 
 96.7   5,000 acres of private land within this state, provided that the 
 96.8   landowners successfully complete conservation practices approved 
 96.9   by the commissioner.  The cost shared by the commissioner may 
 96.10  not exceed 75 percent of the actual cost of the conservation 
 96.11  practice. 
 96.12     Sec. 71.  Minnesota Statutes 1996, section 92.06, 
 96.13  subdivision 1, is amended to read: 
 96.14     Subdivision 1.  [TERMS.] (a) The terms of payment on the 
 96.15  sale of state public lands must be as follows:  The purchaser 
 96.16  shall pay in cash at the time of sale the appraised value of all 
 96.17  timber and costs determined by the commissioner to be associated 
 96.18  with the sale including survey, appraisal, publication, deed 
 96.19  tax, filing fee, and similar costs.  At least 15 percent of the 
 96.20  purchase price of the land exclusive of timber and associated 
 96.21  costs must be paid in cash at the time of sale.  The balance of 
 96.22  the purchase price must be paid in no more than 20 equal annual 
 96.23  installments.  Payments must be made by June 1 each year 
 96.24  following the year in which the purchase was made, with interest 
 96.25  at the rate in effect at the time of sale, calculated under this 
 96.26  subdivision, on the unpaid balances.  Any installment of 
 96.27  principal or interest may be paid in advance, but part payment 
 96.28  of an installment will not be accepted.  For the purpose of 
 96.29  computing interest, any installment of principal not paid on 
 96.30  June 1 shall be credited on the following June 1.  The purchaser 
 96.31  may pay the balance due on a sale within 30 days of the sale 
 96.32  with no interest due. 
 96.33     (b) Interest on unpaid balances must be computed as annual 
 96.34  simple interest.  The rate of interest must be based on average 
 96.35  effective interest rates on mortgage loans as provided in 
 96.36  paragraph (c). 
 97.1      (c) On or before December 31 of each year, the commissioner 
 97.2   of natural resources shall determine the rate from the average 
 97.3   effective interest rate on loans closed using the office of 
 97.4   thrift supervision series, formerly the federal home loan bank 
 97.5   board series, or its successor agency, for the most recent 
 97.6   calendar month, reported on a monthly basis in the latest 
 97.7   statistical release of the board of governors of the federal 
 97.8   reserve system.  This yield, rounded to the nearest quarter of 
 97.9   one percent, is the annual interest rate for sales of state land 
 97.10  during the succeeding calendar year. 
 97.11     (d) For state land sales in calendar year 1993 after July 
 97.12  1, 1993, the rate is eight percent, which is the September 1992 
 97.13  average from the office of thrift supervision series, rounded to 
 97.14  the nearest quarter of one percent. 
 97.15     Sec. 72.  Minnesota Statutes 1996, section 92.06, 
 97.16  subdivision 4, is amended to read: 
 97.17     Subd. 4.  [IMPROVEMENTS, WHEN PAYMENT NOT NECESSARY.] If a 
 97.18  person has made improvements to the land and if:  (1) the 
 97.19  commissioner believes that person settled the land in good faith 
 97.20  as homestead land under the laws of the United States before it 
 97.21  was certified to the state, or if (2) the improvements were 
 97.22  lawfully made by that person as a lessee of the state, or (3) 
 97.23  the commissioner determines, based on clear and convincing 
 97.24  evidence provided by the person, that the improvements were made 
 97.25  by the person as an inadvertent trespasser, then the value of 
 97.26  the improvements must be separately appraised and, if the 
 97.27  settler or, lessee, or inadvertent trespasser purchases the 
 97.28  land, the settler or, lessee, or inadvertent trespasser is not 
 97.29  required to pay for the improvements.  If another person 
 97.30  purchases the land, that person must pay the owner of the 
 97.31  improvements, in addition to all other required payments, the 
 97.32  appraised amount for the improvements.  Payment for improvements 
 97.33  must be made within 15 days of the auction sale, either in cash 
 97.34  or upon terms and conditions agreeable to the owner of the 
 97.35  improvements.  If payment for improvements is not made in cash, 
 97.36  and if there is no agreement between the parties within 15 days 
 98.1   of the auction sale, the commissioner may: 
 98.2      (1) sell the property to the second highest qualified 
 98.3   bidder if that bidder submitted to the commissioner's 
 98.4   representative, at the auction sale, a written request to buy 
 98.5   the property at a specified price; or 
 98.6      (2) void the sale and reoffer the property at a subsequent 
 98.7   sale. 
 98.8      This subdivision does not apply unless the owner of the 
 98.9   improvements makes a verified application to the commissioner 
 98.10  showing entitlement to the improvements before the first state 
 98.11  public sale at which the land is offered for sale.  The 
 98.12  applicant must appear at the sale and offer to purchase the land 
 98.13  for at least its appraised value including all timber on it, and 
 98.14  make the purchase if no higher bid is received.  Actions or 
 98.15  other proceedings involving the land in question begun before 
 98.16  the sale must have been completed. 
 98.17     Sec. 73.  Minnesota Statutes 1996, section 92.16, 
 98.18  subdivision 1, is amended to read: 
 98.19     Subdivision 1.  [CONTENTS; DEFAULT, RESALE.] At the time of 
 98.20  the sale the commissioner shall execute, acknowledge, and 
 98.21  deliver to the purchaser a certificate of sale, numbered and 
 98.22  made assignable, certifying the description of the land sold, 
 98.23  its quantity, the price per acre, the consideration paid and to 
 98.24  be paid, and the time and terms of payment.  A certificate must 
 98.25  not be delivered until the sum required by law to be paid at the 
 98.26  time of the sale is paid.  The sum includes costs determined by 
 98.27  the commissioner to be associated with the sale such as survey, 
 98.28  appraisal, publication, deed tax, filing fee, and similar 
 98.29  costs.  If the purchaser fails to pay the sum, the commissioner 
 98.30  may immediately reoffer the land for sale, but a bid may not be 
 98.31  accepted from the person failing to pay the original offer.  If 
 98.32  the purchaser pays in full at the time of sale, the commissioner 
 98.33  is not required to issue a certificate of sale. 
 98.34     Sec. 74.  [92.80] [PAYMENT OF TAXES AND ASSESSMENTS.] 
 98.35     Subdivision 1.  [CANCELLATION OF CERTIFICATE OF SALE.] If 
 98.36  the state acquires an interest in real property prior to the 
 99.1   cancellation of a certificate of sale or upon completion of the 
 99.2   cancellation process by advertisement or court order, the state 
 99.3   must make provision to pay all taxes, interests, costs, 
 99.4   penalties, and assessments.  The commissioner of natural 
 99.5   resources must request the certificate of sale vendee to make a 
 99.6   good faith attempt to pay the debt.  If the commissioner 
 99.7   determines that the vendee is unwilling or unable to pay the 
 99.8   debt, the commissioner may pay the debt and seek redress against 
 99.9   the vendee. 
 99.10     Subd. 2.  [VOLUNTARY AND INVOLUNTARY REVERSIONS.] (a) If a 
 99.11  grantee on a certificate of sale or state deed desires the state 
 99.12  to exercise its reversionary interest in real property, the 
 99.13  grantee must pay all real estate taxes, costs, interest, 
 99.14  penalties, and assessments on the property prior to reversion. 
 99.15     (b) If a grantee on a certificate of sale or state deed 
 99.16  breaches the contractual terms of the certificate or deed, the 
 99.17  commissioner of natural resources must request the grantee to 
 99.18  make a good faith attempt to pay all real estate taxes, costs, 
 99.19  interest, penalties, and assessments on the property prior to 
 99.20  reversion.  If the commissioner determines that the grantee is 
 99.21  unwilling or unable to pay the debt, the commissioner may pay 
 99.22  the debt and seek redress against the grantee. 
 99.23     Sec. 75.  Minnesota Statutes 1996, section 94.10, 
 99.24  subdivision 2, is amended to read: 
 99.25     Subd. 2.  (a) Lands certified as surplus by the head of a 
 99.26  department or agency other than the department of natural 
 99.27  resources shall be offered for public sale by the commissioner 
 99.28  of administration as provided in this paragraph.  After 
 99.29  complying with subdivision 1 and before any public sale of 
 99.30  surplus state-owned land is made, the commissioner of 
 99.31  administration shall publish a notice thereof at least once in 
 99.32  each week for four successive weeks in a legal newspaper and 
 99.33  also in a newspaper of general distribution in the city or 
 99.34  county in which the real property to be sold is situated, which 
 99.35  notice shall specify the time and place at which the sale will 
 99.36  commence, a general description of the lots or tracts to be 
100.1   offered, and a general statement of the terms of sale.  Each 
100.2   tract or lot shall be sold separately and shall be sold for not 
100.3   less than the appraised value thereof.  Parcels remaining unsold 
100.4   after the offering may be sold to anyone agreeing to pay the 
100.5   appraised value thereof.  The sale shall continue until all 
100.6   parcels are sold or until the commissioner orders a reappraisal 
100.7   or withdraws the remaining parcels from sale.  
100.8      (b) Lands certified as surplus by the commissioner of 
100.9   natural resources shall be offered for public sale by the 
100.10  commissioner of natural resources in the manner provided in 
100.11  paragraph (a) for sales by the commissioner of administration. 
100.12     (c) Except as provided in section 94.11, the cost of any 
100.13  survey or appraisal as provided in subdivision 1 shall be added 
100.14  to and made a part of the appraised value of the lands to be 
100.15  sold, whether to any political subdivision of the state or to a 
100.16  private purchaser as provided in this subdivision.  
100.17     Sec. 76.  [94.55] [TRANSFER OF STATE-OWNED IMPROVEMENTS.] 
100.18     The commissioner may sell or transfer an improvement 
100.19  located on state-owned lands, the compensation for which shall 
100.20  be determined by the commissioner.  The sale or transfer shall 
100.21  be accomplished by a bill of sale, describing the improvement 
100.22  transferred and the terms and conditions of the sale or transfer.
100.23  Proceeds resulting from the sale or transfer must be deposited 
100.24  in the state treasury and credited to the land acquisition 
100.25  account established in section 94.165. 
100.26     Sec. 77.  Minnesota Statutes 1996, section 97A.015, is 
100.27  amended by adding a subdivision to read: 
100.28     Subd. 27a.  [LICENSE IDENTIFICATION NUMBER.] "License 
100.29  identification number" means a verification number issued under 
100.30  the authority of the commissioner in conjunction with the 
100.31  electronic purchase of a license or stamp and valid until the 
100.32  license is received by the purchaser. 
100.33     Sec. 78.  Minnesota Statutes 1996, section 97A.028, 
100.34  subdivision 1, is amended to read: 
100.35     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
100.36  subdivision apply to this section. 
101.1      (b) "Agricultural crops" means annually seeded crops, 
101.2   legumes, fruit orchards, tree farms and nurseries, turf farms, 
101.3   and apiaries. 
101.4      (c) "Parcel" has the meaning given in section 272.03, 
101.5   subdivision 6. 
101.6      (d) "Specialty crops" means fruit orchards, vegetables, 
101.7   tree farms and nurseries, turf farms, and apiaries. 
101.8      (e) "Stored forage crops" means hay, silage, grain, or 
101.9   other crops that have been harvested and placed in storage for 
101.10  commercial livestock feeding. 
101.11     Sec. 79.  Minnesota Statutes 1996, section 97A.028, 
101.12  subdivision 3, is amended to read: 
101.13     Subd. 3.  [EMERGENCY DETERRENT MATERIALS ASSISTANCE.] (a) 
101.14  For the purposes of this subdivision, "cooperative damage 
101.15  management agreement" means an agreement between a landowner or 
101.16  tenant and the commissioner that establishes a program for 
101.17  addressing the problem of destruction of the landowner's or 
101.18  tenant's specialty crops or stored forage crops by wild animals, 
101.19  or destruction of agricultural crops by flightless Canada geese. 
101.20     (b) A landowner or tenant may apply to the commissioner for 
101.21  emergency deterrent materials assistance in controlling 
101.22  destruction of the landowner's or tenant's specialty crops or 
101.23  stored forage crops by wild animals, or destruction of 
101.24  agricultural crops by flightless Canada geese.  Subject to the 
101.25  availability of money appropriated for this purpose, the 
101.26  commissioner shall provide suitable deterrent materials when the 
101.27  commissioner determines that: 
101.28     (1) immediate action is necessary to prevent significant 
101.29  damage from continuing; and 
101.30     (2) a cooperative damage management agreement cannot be 
101.31  implemented immediately. 
101.32     (c) A person may receive emergency deterrent materials 
101.33  assistance under this subdivision more than once, but the 
101.34  cumulative total value of deterrent materials provided to a 
101.35  person, or for use on a parcel, may not exceed $3,000 for 
101.36  specialty crops, or $750 for stored forage crops, or $500 for 
102.1   agricultural crops damaged by flightless Canada geese.  If a 
102.2   person is a coowner or cotenant with respect to the specialty 
102.3   crops for which the deterrent materials are provided, the 
102.4   deterrent materials are deemed to be "provided" to the person 
102.5   for the purposes of this paragraph. 
102.6      (d) As a condition of receiving emergency deterrent 
102.7   materials assistance under this subdivision, a landowner or 
102.8   tenant shall enter into a cooperative damage management 
102.9   agreement with the commissioner.  Deterrent materials provided 
102.10  by the commissioner may include repellents, fencing materials, 
102.11  or other materials recommended in the agreement to alleviate the 
102.12  damage problem.  If requested by a landowner or tenant, any 
102.13  fencing materials provided must be capable of providing 
102.14  long-term protection of specialty crops.  A landowner or tenant 
102.15  who receives emergency deterrent materials assistance under this 
102.16  subdivision shall comply with the terms of the cooperative 
102.17  damage management agreement. 
102.18     Sec. 80.  Minnesota Statutes 1996, section 97A.075, 
102.19  subdivision 1, is amended to read: 
102.20     Subdivision 1.  [DEER AND BEAR LICENSES.] (a) For purposes 
102.21  of this subdivision, "deer license" means a license issued under 
102.22  section 97A.475, subdivisions 2, clauses (4) and, (5), and (9), 
102.23  and 3, clauses (2) and, (3), and (7), and licenses issued under 
102.24  section 97B.301, subdivision 4.  
102.25     (b) At least $2 from each deer license shall be used for 
102.26  deer habitat improvement or deer management programs.  
102.27     (c) At least $1 from each resident deer license and each 
102.28  resident bear license shall be used for deer and bear management 
102.29  programs, including a computerized licensing system.  Fifty 
102.30  cents from each resident deer license is appropriated for 
102.31  emergency deer feeding.  Money appropriated for emergency deer 
102.32  feeding is available until expended.  When the unencumbered 
102.33  balance in the appropriation for emergency deer feeding at the 
102.34  end of a fiscal year exceeds $750,000, $750,000 is canceled to 
102.35  the unappropriated balance of the game and fish fund and the 
102.36  amount appropriated for emergency deer feeding is reduced to 25 
103.1   cents from each resident deer license. 
103.2      Sec. 81.  Minnesota Statutes 1996, section 97A.405, 
103.3   subdivision 2, is amended to read: 
103.4      Subd. 2.  [PERSONAL POSSESSION.] (a) A person to whom a 
103.5   license is issued must have the license in personal possession 
103.6   while acting under the a license and while or traveling from 
103.7   the an area where the a licensed activity is was performed 
103.8   must have in personal possession either:  (1) the proper 
103.9   license, if the license has been issued to and received by the 
103.10  person; or (2) the proper license identification number or stamp 
103.11  validation, if the license has been sold to the person by 
103.12  electronic means but the actual license has not been issued and 
103.13  received. 
103.14     (b) If possession of a license or a license identification 
103.15  number is required, a person must exhibit the proper license 
103.16  when, as requested by a conservation officer or peace officer., 
103.17  either:  (1) the proper license if the license has been issued 
103.18  to and received by the person; or (2) the proper license 
103.19  identification number or stamp validation and a valid state 
103.20  driver's license, state identification card, or other form of 
103.21  identification provided by the commissioner, if the license has 
103.22  been sold to the person by electronic means but the actual 
103.23  license has not been issued and received.  
103.24     (c) If the actual license has been issued and received, a 
103.25  receipt for license fees, a copy of a license, or evidence 
103.26  showing the issuance of a license, including the license 
103.27  identification number or stamp validation, does not entitle a 
103.28  licensee to exercise the rights or privileges conferred by a 
103.29  license.  
103.30     (d) A license or stamp issued electronically and not 
103.31  immediately provided to the licensee shall be mailed to the 
103.32  licensee within 30 days of purchase. 
103.33     Sec. 82.  Minnesota Statutes 1996, section 97A.415, 
103.34  subdivision 2, is amended to read: 
103.35     Subd. 2.  [TRANSFER PROHIBITED.] A person may not lend, 
103.36  transfer, borrow, or solicit a license or permit, license 
104.1   identification number, application for a license or permit, 
104.2   coupon, tag, or seal, or use a license, permit, license 
104.3   identification number, coupon, tag, or seal not issued to the 
104.4   person unless otherwise expressly authorized.  
104.5      Sec. 83.  Minnesota Statutes 1996, section 97A.475, is 
104.6   amended to read: 
104.7      97A.475 [LICENSE FEES.] 
104.8      Subdivision 1.  [REQUIREMENTS FOR ISSUANCE.] A license 
104.9   shall be issued when the requirements of the law are met and the 
104.10  license fee specified in this section is paid.  
104.11     Subd. 2.  [RESIDENT HUNTING.] Fees for the following 
104.12  licenses, to be issued to residents only, are: 
104.13     (1) for persons under age 65 to take small game, $10; 
104.14     (2) for persons age 65 or over, $5; 
104.15     (3) to take turkey, $16; 
104.16     (4) to take deer with firearms, $22; 
104.17     (5) to take deer by archery, $22; 
104.18     (6) to take moose, for a party of not more than six 
104.19  persons, $275; 
104.20     (7) to take bear, $33; 
104.21     (8) to take elk, for a party of not more than two persons, 
104.22  $220; and 
104.23     (9) to take antlered deer in more than one zone, $44. 
104.24     Subd. 3.  [NONRESIDENT HUNTING.] Fees for the following 
104.25  licenses, to be issued to nonresidents, are: 
104.26     (1) to take small game, $56; 
104.27     (2) to take deer with firearms, $110; 
104.28     (3) to take deer by archery, $110; 
104.29     (4) to take bear, $165; 
104.30     (5) to take turkey, $56; 
104.31     (6) to take raccoon, bobcat, fox, coyote, or lynx, $137.50; 
104.32  and 
104.33     (7) to take antlered deer in more than one zone, $220. 
104.34     Subd. 4.  [SMALL GAME SURCHARGE.] Fees for licenses to take 
104.35  small game must be increased by a surcharge of $4.  An 
104.36  additional commission may not be assessed on the surcharge and 
105.1   this must be stated on the back of the license with the 
105.2   following statement:  "This $4 surcharge is being paid by 
105.3   hunters for the acquisition and development of wildlife lands."  
105.4      Subd. 5.  [HUNTING STAMPS.] Fees for the following stamps 
105.5   are: 
105.6      (1) migratory waterfowl stamp, $5; 
105.7      (2) pheasant stamp, $5; and 
105.8      (3) turkey stamp, $5.  
105.9      Subd. 6.  [RESIDENT FISHING.] Fees for the following 
105.10  licenses, to be issued to residents only, are: 
105.11     (1) to take fish by angling, for persons under age 
105.12  65, $13 $15; 
105.13     (2) to take fish by angling, for persons age 65 and over, 
105.14  $4.50 $5.50; 
105.15     (3) to take fish by angling, for a combined license for a 
105.16  married couple, $17.50 $20.50; 
105.17     (4) to take fish by spearing from a dark house, $13 $15; 
105.18  and 
105.19     (5) to take fish by angling for a 24-hour period selected 
105.20  by the licensee, $7.50 $8. 
105.21     Subd. 7.  [NONRESIDENT FISHING.] Fees for the following 
105.22  licenses, to be issued to nonresidents, are: 
105.23     (1) to take fish by angling, $27.50 $31; 
105.24     (2) to take fish by angling limited to seven consecutive 
105.25  days selected by the licensee, $19 $21.50; 
105.26     (3) to take fish by angling for a 72-hour period selected 
105.27  by the licensee, $16 $18; 
105.28     (4) to take fish by angling for a combined license for a 
105.29  family, $37.50 $41.50; 
105.30     (5) to take fish by angling for a 24-hour period selected 
105.31  by the licensee, $7.50 $8; and 
105.32     (6) to take fish by angling for a combined license for a 
105.33  married couple, limited to 14 consecutive days selected by one 
105.34  of the licensees, $27.50 $32. 
105.35     Subd. 8.  [MINNESOTA SPORTING.] The commissioner shall 
105.36  issue Minnesota sporting licenses to residents only.  The 
106.1   licensee may take fish by angling and small game.  The fee for 
106.2   the license is:  
106.3      (1) for an individual, $17.50 $20; and 
106.4      (2) for a combined license for a married couple to take 
106.5   fish and for one spouse to take small game, $24 $27.50.  
106.6      Subd. 10.  [TROUT AND SALMON STAMP.] The fee for a trout 
106.7   and salmon stamp is $5 $8.50.  
106.8      Subd. 11.  [FISH HOUSES AND DARK HOUSES; RESIDENTS.] Fees 
106.9   for the following licenses are: 
106.10     (1) for a fish house or dark house that is not 
106.11  rented, $9 $10; and 
106.12     (2) for a fish house or dark house that is rented, $20 $23. 
106.13     Subd. 12.  [FISH HOUSES; NONRESIDENT.] Fees for fish house 
106.14  licenses for a nonresident are:  
106.15     (1) annual, $27.50 $31.50; and 
106.16     (2) seven consecutive days, $16.50 $18.50. 
106.17     Subd. 13.  [NETTING WHITEFISH AND CISCOES FOR PERSONAL 
106.18  CONSUMPTION.] The fee for a license to net whitefish and ciscoes 
106.19  in inland lakes and international waters for personal 
106.20  consumption is, for each net, $8 $9. 
106.21     Subd. 14.  [ROUGH FISH; MINNESOTA AND MISSISSIPPI RIVERS.] 
106.22  The fee for a license to take rough fish for domestic use with a 
106.23  set line in the Minnesota and Mississippi rivers is $14.50. 
106.24     Subd. 15.  [LAKE SUPERIOR FISHING GUIDES.] The fee for a 
106.25  license to operate a charter boat and guide anglers on Lake 
106.26  Superior is: 
106.27     (1) for a resident, $27.50 $35; 
106.28     (2) for a nonresident, $110 $140; or 
106.29     (3) if another state charges a Minnesota resident a fee 
106.30  greater than $100 $140 for a Lake Superior fishing guide license 
106.31  in that state, the nonresident fee for a resident of that state 
106.32  is that greater fee.  
106.33     Subd. 16.  [RESIDENT HUNTING GUIDES.] The fees for the 
106.34  following resident guide licenses are: 
106.35     (1) to guide bear hunters, $82.50; and 
106.36     (2) to guide turkey hunters, $22.  
107.1      Subd. 18.  [SHOOTING PRESERVES.] The fee for a shooting 
107.2   preserve license is:  
107.3      (1) for a private shooting preserve, $100; and 
107.4      (2) for a commercial shooting preserve, $500. 
107.5      Subd. 19.  [TAXIDERMISTS.] The fee for a taxidermist 
107.6   license, to be issued for a three-year period to residents only, 
107.7   is: 
107.8      (1) for persons age 18 and older, $44; and 
107.9      (2) for persons under age 18, $27.50.  
107.10     Subd. 20.  [TRAPPING LICENSE.] The fee for a license to 
107.11  trap fur-bearing animals is: 
107.12     (1) for persons over age 13 and under age 18, $5.50; and 
107.13     (2) for persons age 18 and older, $18.  
107.14     Subd. 21.  [FUR BUYING AND SELLING; RESIDENTS.] (a) The fee 
107.15  for a license for a resident to buy and sell raw furs is $110.  
107.16     (b) The fee for a supplemental license to buy and sell furs 
107.17  is $55. 
107.18     Subd. 22.  [FUR BUYING AND SELLING; NONRESIDENTS.] The fee 
107.19  for a license for a nonresident to buy and sell raw furs is $500.
107.20     Subd. 23.  [RAW FUR TANNING.] The fee for a license to tan 
107.21  and dress raw furs to be issued to residents and nonresidents is 
107.22  $16.50.  
107.23     Subd. 24.  [GAME AND FUR FARMS.] The fee for a game and fur 
107.24  farm license is $16.50. 
107.25     Subd. 25.  [MUSKRAT FARMS.] The fee for a muskrat farm 
107.26  license is $11. 
107.27     Subd. 26.  [MINNOW DEALERS.] The fees for the following 
107.28  licenses are:  
107.29     (1) minnow dealer, $77 $100; 
107.30     (2) minnow dealer's helper, $5.50; 
107.31     (3) minnow dealer's vehicle, $11 $15; 
107.32     (4) (3) exporting minnow dealer, $275 $350; and 
107.33     (5) (4) exporting minnow dealer's vehicle, $11 $15.  
107.34     Subd. 27.  [MINNOW RETAILERS.] The fees for the following 
107.35  licenses, to be issued to residents and nonresidents, are: 
107.36     (1) minnow retailer, $11 $15; and 
108.1      (2) minnow retailer's vehicle, $11 $15.  
108.2      Subd. 28.  [NONRESIDENT MINNOW HAULERS.] The fees for the 
108.3   following licenses, to be issued to nonresidents, are: 
108.4      (1) exporting minnow hauler, $525 $675; and 
108.5      (2) exporting minnow hauler's vehicle, $11 $15.  
108.6      Subd. 29.  [PRIVATE FISH HATCHERIES.] The fees for the 
108.7   following licenses to be issued to residents and nonresidents 
108.8   are:  
108.9      (1) for a private fish hatchery, with annual sales under 
108.10  $200, $27.50 $35; 
108.11     (2) for a private fish hatchery, with annual sales of $200 
108.12  or more, $55 $70; and 
108.13     (3) to take sucker eggs from public waters for a private 
108.14  fish hatchery, $165 $210, plus $3 $4 for each quart in excess of 
108.15  100 quarts.  
108.16     Subd. 30.  [COMMERCIAL NETTING OF FISH IN INLAND WATERS.] 
108.17  The fee for a license fees to net take commercial fish in 
108.18  inland waters, to be issued to residents and nonresidents, is 
108.19  $70 plus are: 
108.20     (1) commercial license fees: 
108.21     (i) for each hoop net pocket, $1 residents and nonresidents 
108.22  seining and netting in inland waters, $90; 
108.23     (2) (ii) for each 1,000 feet of seine, $16.50 residents 
108.24  netting in Lake Superior, $50; and 
108.25     (3) (iii) for each apprentice license, $25. residents 
108.26  netting in Lake of the Woods, Rainy, Namakan, and Sand Point 
108.27  lakes, $50; 
108.28     (iv) for residents seining in the Mississippi River from St.
108.29  Anthony Falls to the St. Croix River junction, $50; 
108.30     (v) for residents seining, netting, and set lining in 
108.31  Wisconsin boundary waters from Lake St. Croix to the Iowa 
108.32  border, $50; and 
108.33     (vi) for a resident apprentice license, $25; and 
108.34     (2) commercial gear fees: 
108.35     (i) for each gill net in Lake Superior, Wisconsin boundary 
108.36  waters, and Namakan Lake, $3.50 per 100 feet of net; 
109.1      (ii) for each seine in inland waters, on the Mississippi 
109.2   River as described in section 97C.801, subdivision 2, and in 
109.3   Wisconsin boundary waters, $7 per 100 feet; 
109.4      (iii) for each commercial hoop net in inland waters, $1.25; 
109.5      (iv) for each submerged fyke, trap, and hoop net in Lake 
109.6   Superior, St. Louis Estuary, Lake of the Woods, and Rainy, 
109.7   Namakan, and Sand Point lakes, and for each pound net in Lake 
109.8   Superior, $15; 
109.9      (v) for each stake and pound net in Lake of the Woods, $60; 
109.10     (vi) for each set line in the Wisconsin boundary waters, 
109.11  $20; and 
109.12     (vii) for each trawl used in Lake Superior, $50.  
109.13     Subd. 31.  [COMMERCIAL NETTING OF FISH IN LAKE OF THE 
109.14  WOODS.] The fee for a license to commercially net fish in Lake 
109.15  of the Woods is: 
109.16     (1) for each pound net or staked trap net, $49.50; 
109.17     (2) for each fyke net, $11, plus $5 for each two-foot 
109.18  segment, or fraction, of the wings or lead in excess of four 
109.19  feet in height; 
109.20     (3) for each 100 feet of gill net, $2.75; 
109.21     (4) for each submerged trap net, $16.50; and 
109.22     (5) for each apprentice license, $25.  
109.23     Subd. 32.  [COMMERCIAL NETTING OF FISH IN RAINY LAKE.] The 
109.24  fee for a license to commercially net fish in Rainy Lake is: 
109.25     (1) for each pound net, $49.50; 
109.26     (2) for each 100 feet of gill net, $2.75; and 
109.27     (3) for each apprentice license, $25.  
109.28     Subd. 33.  [COMMERCIAL NETTING OF FISH IN NAMAKAN AND SAND 
109.29  POINT LAKES.] The fee for a license to commercially net fish in 
109.30  Namakan Lake and Sand Point Lake is: 
109.31     (1) for each 100 feet of gill net, $1.75; 
109.32     (2) for each pound, fyke, and submerged trap net, $16.50; 
109.33  and 
109.34     (3) for each apprentice license, $25.  
109.35     Subd. 34.  [COMMERCIAL SEINE AND SET LINES TO TAKE FISH IN 
109.36  THE MISSISSIPPI RIVER.] (a) The fee for a license to 
110.1   commercially seine rough fish in the Mississippi river from St. 
110.2   Anthony Falls to the St. Croix river junction is: 
110.3      (1) for a seine not exceeding 500 feet, $27.50; or 
110.4      (2) for a seine over 500 feet, $44, plus $2 for each 100 
110.5   foot segment or fraction over 1,000 feet.  
110.6      (b) The fee for each apprentice license issued under 
110.7   paragraph (a) is $25.  
110.8      Subd. 35.  [COMMERCIAL SEINING OF FISH IN WISCONSIN 
110.9   BOUNDARY WATERS.] The fee for a license to commercially seine 
110.10  fish in the boundary waters between Wisconsin and Minnesota from 
110.11  Taylors Falls to the Iowa border is: 
110.12     (1) for a seine not exceeding 500 feet, $27.50; or 
110.13     (2) for a seine over 500 feet, $44, plus $2.50 for each 100 
110.14  feet over 1,000 feet; and 
110.15     (3) for each apprentice license to be issued to residents, 
110.16  $25.  
110.17     Subd. 36.  [COMMERCIAL NETTING IN WISCONSIN BOUNDARY 
110.18  WATERS.] The fee for a license to commercially net in the 
110.19  boundary waters between Wisconsin and Minnesota from Lake St. 
110.20  Croix to the Iowa border is: 
110.21     (1) for each gill net not exceeding 500 feet, $14.50; 
110.22     (2) for each gill net over 500 feet, $27.50; 
110.23     (3) for each fyke net and hoop net, $11; 
110.24     (4) for each bait net, $1.75; 
110.25     (5) for each turtle net, $1.75; 
110.26     (6) for each set line identification tag, $14.50; and 
110.27     (7) for each apprentice license to be issued to residents, 
110.28  $25.  
110.29     Subd. 37.  [COMMERCIAL NETTING OF FISH IN LAKE SUPERIOR.] 
110.30  The fee for a license to commercially net fish in Lake Superior 
110.31  is: 
110.32     (1) for each gill net, $77 plus $2 for each 1,000 feet over 
110.33  1,000 feet; 
110.34     (2) for a pound or trap net, $77 plus $2 for each 
110.35  additional pound or trap net; and 
110.36     (3) for each apprentice license, $25.  
111.1      Subd. 38.  [FISH BUYERS.] The fees for licenses to buy fish 
111.2   from commercial fishing licensees to be issued residents and 
111.3   nonresidents are: 
111.4      (1) for Lake Superior fish bought for sale to retailers, 
111.5   $55 $70; 
111.6      (2) for Lake Superior fish bought for sale to consumers, 
111.7   $11 $15; 
111.8      (3) for Lake of the Woods, Namakan, Sand Point, and Rainy 
111.9   Lake fish bought for sale to retailers, $110 $140; and 
111.10     (4) for Lake of the Woods, Namakan, Sand Point, and Rainy 
111.11  Lake fish bought for shipment only on international boundary 
111.12  waters, $11 $15.  
111.13     Subd. 39.  [FISH PACKER.] The fee for a license to prepare 
111.14  dressed game fish for transportation or shipment is $14.50 $20. 
111.15     Subd. 40.  [FISH VENDORS.] The fee for a license to use a 
111.16  motor vehicle to sell fish is $27.50 $35.  
111.17     Subd. 41.  [TURTLE SELLERS.] The fee for a license to take, 
111.18  transport, purchase, and possess turtles for sale is $55 $70.  
111.19     Subd. 42.  [FROG DEALERS.] The fee for the licenses to deal 
111.20  in frogs that are to be used for purposes other than bait are: 
111.21     (1) for a resident to purchase, possess, and transport 
111.22  frogs, $77 $100; 
111.23     (2) for a nonresident to purchase, possess, and transport 
111.24  frogs, $220 $280; and 
111.25     (3) for a resident to take, possess, transport, and sell 
111.26  frogs, $11 $15. 
111.27     Subd. 43.  [DUPLICATE LICENSES.] The fees for duplicate 
111.28  licenses are: 
111.29     (1) for licenses to take big game, $5; and 
111.30     (2) for other licenses, $2. 
111.31     Sec. 84.  Minnesota Statutes 1996, section 97B.667, is 
111.32  amended to read: 
111.33     97B.667 [REMOVAL OF BEAVER DAMS AND LODGES BY ROAD 
111.34  AUTHORITIES.] 
111.35     When a drainage watercourse is impaired by a beaver dam and 
111.36  the water damages or threatens to damage a public road, the road 
112.1   authority, as defined in section 160.02, subdivision 9, may 
112.2   remove the impairment and any associated beaver lodge within 300 
112.3   feet of the road, if the commissioner approves. 
112.4      Sec. 85.  Minnesota Statutes 1996, section 97B.715, 
112.5   subdivision 1, is amended to read: 
112.6      Subdivision 1.  [STAMP REQUIRED.] (a) Except as provided in 
112.7   paragraph (b) or section 97A.405, subdivision 2, a person 
112.8   required to possess a small game license may not hunt pheasants 
112.9   without:  
112.10     (1) a pheasant stamp in possession; and 
112.11     (2) a pheasant stamp validation on the small game license 
112.12  when issued electronically.  
112.13     (b) The following persons are exempt from this subdivision: 
112.14     (1) residents under age 18 or over age 65; and 
112.15     (2) persons hunting on licensed private commercial shooting 
112.16  preserves. 
112.17     Sec. 86.  Minnesota Statutes 1996, section 97B.721, is 
112.18  amended to read: 
112.19     97B.721 [LICENSE AND STAMP REQUIRED TO TAKE TURKEY; TAGGING 
112.20  AND REGISTRATION REQUIREMENTS.] 
112.21     (a) Except as provided in paragraph (b) or section 97A.405, 
112.22  subdivision 2, a person may not take a turkey without a turkey 
112.23  license and: 
112.24     (1) a turkey stamp in possession; and 
112.25     (2) a turkey stamp validation on the turkey license when 
112.26  issued electronically. 
112.27     (b) The requirement in paragraph (a) to possess a turkey 
112.28  stamp or a license validation does not apply to persons under 
112.29  age 18. 
112.30     (c) The commissioner may by rule prescribe requirements for 
112.31  the tagging and registration of turkeys. 
112.32     Sec. 87.  Minnesota Statutes 1996, section 97B.801, is 
112.33  amended to read: 
112.34     97B.801 [MINNESOTA MIGRATORY WATERFOWL STAMP REQUIRED.] 
112.35     (a) Except as provided in this section or section 97A.405, 
112.36  subdivision 2, a person required to possess a small game license 
113.1   may not take migratory waterfowl without: 
113.2      (1) a Minnesota migratory waterfowl stamp in possession; 
113.3   and 
113.4      (2) a migratory waterfowl stamp validation on the small 
113.5   game license when issued electronically.  
113.6      (b) Residents under age 18 or over age 65 and persons 
113.7   hunting on their own property are not required to possess the a 
113.8   stamp or a license validation under this section.  
113.9      Sec. 88.  Minnesota Statutes 1996, section 97C.305, 
113.10  subdivision 1, is amended to read: 
113.11     Subdivision 1.  [REQUIREMENT.] Except as provided in 
113.12  subdivision 2 or section 97A.405, subdivision 2, a person over 
113.13  age 16 and under age 65 required to possess an angling license 
113.14  must have a trout and salmon stamp in possession and a trout 
113.15  stamp validation on the angling license when issued 
113.16  electronically to: 
113.17     (1) take fish by angling in: 
113.18     (i) a stream designated by the commissioner as a trout 
113.19  stream; 
113.20     (ii) a lake designated by the commissioner as a trout lake; 
113.21  or 
113.22     (iii) Lake Superior; or 
113.23     (2) possess trout or salmon taken in the state by angling. 
113.24     Sec. 89.  Minnesota Statutes 1996, section 97C.501, 
113.25  subdivision 2, is amended to read: 
113.26     Subd. 2.  [MINNOW DEALERS.] (a) A person may not be a 
113.27  minnow dealer without a minnow dealer license except as provided 
113.28  in subdivision 3. 
113.29     (b) A minnow dealer must obtain a minnow dealer's helper 
113.30  license for each person employed to take, buy, sell, or 
113.31  transport minnows by the minnow dealer.  The minnow dealer may 
113.32  transfer a helper's license from a former helper to a new helper.
113.33     (c) A minnow dealer must obtain a minnow dealer's vehicle 
113.34  license for each motor vehicle used to transport minnows.  The 
113.35  serial number, motor vehicle license number, make, and model 
113.36  must be on the license.  The license must be conspicuously 
114.1   displayed in the vehicle.  
114.2      (d) (c) A minnow dealer may not transport minnows out of 
114.3   the state without an exporting minnow dealer license.  A minnow 
114.4   dealer must obtain an exporting minnow dealer's vehicle license 
114.5   for each motor vehicle used to transport minnows out of the 
114.6   state.  The serial number, motor vehicle license number, make, 
114.7   and model must be on the license.  The license must be 
114.8   conspicuously displayed in the vehicle.  
114.9      Sec. 90.  Minnesota Statutes 1996, section 97C.801, is 
114.10  amended to read: 
114.11     97C.801 [TAKING ROUGH FISH ON MISSISSIPPI AND MINNESOTA 
114.12  RIVERS RIVER.] 
114.13     Subdivision 1.  [ROUGH FISH ON MINNESOTA AND MISSISSIPPI 
114.14  RIVERS.] (a) A license is required to take rough fish by set 
114.15  line in the Minnesota river from Mankato to its junction with 
114.16  the Mississippi river, and in the Mississippi river from St. 
114.17  Anthony Falls to the St. Croix junction.  
114.18     (b) A person may use only one set line to take rough fish 
114.19  in the Minnesota river from Mankato to its junction with the 
114.20  Mississippi river, and in the Mississippi river from St. Anthony 
114.21  Falls to the St. Croix river junction, and the set line must: 
114.22     (1) have not more than ten hooks; 
114.23     (2) be set only in the flowing waters of the river; 
114.24     (3) staked only at one end; and 
114.25     (4) remain at the location designated in the application 
114.26  for license unless approval of the commissioner has been given 
114.27  to change the location.  
114.28     (c) Notwithstanding section 97C.391, subdivision 1, rough 
114.29  fish taken under this subdivision may not be bought or sold.  
114.30     Subd. 2.  [COMMERCIAL FISH NETTING AND SET LINES ON 
114.31  MISSISSIPPI RIVER.] (a) A license is required to commercially 
114.32  take rough fish with seines and set lines in the Mississippi 
114.33  river from the St. Croix river junction to St. Anthony Falls.  
114.34     (b) A person may take rough fish in the Mississippi river, 
114.35  from the St. Croix river junction to St. Anthony Falls, only 
114.36  with the following equipment and methods: 
115.1      (1) operations shall be conducted only in the flowing 
115.2   waters of the river and in tributary backwaters prescribed by 
115.3   the commissioner; 
115.4      (2) only one set line may be used that has an 
115.5   identification tag and not more than 100 hooks; 
115.6      (3) seines may be used only as prescribed by the 
115.7   commissioner; 
115.8      (4) (3) seines must be hauled to a landing immediately 
115.9   after being placed; 
115.10     (5) (4) two seines may not be joined together in the water; 
115.11     (6) (5) a net may not be raised, laid out, or landed, 
115.12  between sunset and sunrise; and 
115.13     (7) (6) the location of a net or seine may not be changed 
115.14  from the place specified in the license application without 
115.15  notifying the commissioner of the proposed change.  
115.16     Sec. 91.  Minnesota Statutes 1996, section 103C.501, 
115.17  subdivision 6, is amended to read: 
115.18     Subd. 6.  [RULES.] (a) The state board shall adopt rules 
115.19  prescribing:  
115.20     (1) procedures and criteria for allocating funds for 
115.21  cost-sharing contracts; 
115.22     (2) standards and guidelines for cost-sharing contracts; 
115.23     (3) the scope and content of district comprehensive plans, 
115.24  plan amendments, and annual work plans; 
115.25     (4) standards and methods necessary to plan and implement a 
115.26  priority cost-sharing program, including guidelines to identify 
115.27  high priority erosion, sedimentation, and water quality 
115.28  problems; 
115.29     (5) the share of the cost of conservation practices to be 
115.30  paid from cost-sharing funds; and 
115.31     (6) requirements for districts to document their efforts to 
115.32  identify and contact land occupiers with high priority erosion 
115.33  problems.  
115.34     (b) The rules may provide that cost-sharing may be used for 
115.35  farmstead windbreaks and shelterbelts for the purposes of energy 
115.36  conservation and snow protection. 
116.1      Sec. 92.  Minnesota Statutes 1996, section 103F.378, 
116.2   subdivision 1, is amended to read: 
116.3      Subdivision 1.  [DUTIES.] The Minnesota river basin joint 
116.4   powers board, established under section 471.59 for the purpose 
116.5   of coordinating efforts to improve water quality in the 
116.6   Minnesota river and achieving the goal of making the Minnesota 
116.7   river suitable for fishing and swimming by the year 2005, has 
116.8   the following duties: 
116.9      (1) coordination of comprehensive cleanup goals for the 
116.10  Minnesota river by coordinating the work plans of the 12 major 
116.11  watersheds and the member counties of the joint powers board, 
116.12  state agencies, and the University of Minnesota in cleanup 
116.13  efforts and submission of periodic river cleanup plans for 
116.14  submission to the governor and the legislature; 
116.15     (2) advising on the development and use of monitoring and 
116.16  evaluation systems in the Minnesota river and the incorporation 
116.17  of the data obtained from these systems into the planning 
116.18  process; 
116.19     (3) conducting public meetings of the board on at least a 
116.20  quarterly basis at locations within the Minnesota river basin; 
116.21     (4) conducting an ongoing information and education program 
116.22  concerning the status of the Minnesota river, including an 
116.23  annual conference on the state of the Minnesota river; and 
116.24     (5) providing periodic reports and budget requests to the 
116.25  governor's office and the chairs of the agriculture and 
116.26  environment and natural resources committees of the senate and 
116.27  the house of representatives regarding progress on meeting river 
116.28  water quality management goals and future funding required for 
116.29  this effort.; 
116.30     (6) advising on the development of projects within the 12 
116.31  major watersheds that are scientifically sound, have landowner 
116.32  support, and reduce inputs of pollutants into the Minnesota 
116.33  river basin; and 
116.34     (7) administering the distribution of project 
116.35  implementation funds for the 12 major watersheds by approving 
116.36  projects, identifying matching components for each project, and 
117.1   tracking the results achieved for each project. 
117.2      Sec. 93.  Minnesota Statutes 1996, section 115.03, is 
117.3   amended by adding a subdivision to read: 
117.4      Subd. 9.  [FUTURE COSTS OF WASTEWATER TREATMENT; UPDATE OF 
117.5   1995 REPORT.] The commissioner shall, by January 15, 1998, and 
117.6   each even-numbered year thereafter, provide the chairs of the 
117.7   house and senate committees with primary jurisdiction over the 
117.8   agency's budget with the following information: 
117.9      (1) an updated list of all wastewater treatment upgrade and 
117.10  construction projects the agency has identified to meet existing 
117.11  and proposed water quality standards and regulations; 
117.12     (2) an estimate of the total costs associated with the 
117.13  projects listed in clause (1), and the projects' priority 
117.14  ranking under Minnesota Rules, chapter 7077.  The costs of 
117.15  projects necessary to meet existing standards must be identified 
117.16  separately from the costs of projects necessary to meet proposed 
117.17  standards; 
117.18     (3) the commissioner's best estimate, developed in 
117.19  consultation with the commissioner of trade and economic 
117.20  development and affected permittees, of the increase in sewer 
117.21  service rates to the residents in the municipalities required to 
117.22  construct the projects listed in clause (1) resulting from the 
117.23  cost of these projects; and 
117.24     (4) a list of existing and proposed state water quality 
117.25  standards which are more stringent than is necessary to comply 
117.26  with federal law, either because the standard has no applicable 
117.27  federal water quality criteria, or because the standard is more 
117.28  stringent than the applicable federal water quality criteria. 
117.29     Sec. 94.  [115.58] [ALTERNATIVE DISCHARGING SEWAGE SYSTEMS; 
117.30  GENERAL PERMITS.] 
117.31     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
117.32  subdivision apply to this section. 
117.33     (b) "Alternative discharging sewage system" means a sewage 
117.34  treatment system serving one or more dwellings and other 
117.35  establishments that discharges less than 10,000 gallons of water 
117.36  per day and uses any treatment and disposal methods other than 
118.1   subsurface soil treatment and disposal. 
118.2      (c) "Permit" means a National Pollutant Discharge 
118.3   Elimination System permit or State Disposal System permit 
118.4   granted to any person for the installation, ownership, 
118.5   management, or control of alternative discharging sewage systems 
118.6   whose operations, emissions, activities, discharges, or 
118.7   facilities are the same or substantially similar. 
118.8      (d) "Water quality cooperative" means an association of 
118.9   persons organized under chapter 308A to install, own, manage, 
118.10  and control individual sewage treatment systems or alternative 
118.11  discharging sewage systems and provide water quality treatment 
118.12  and management services for its members within a defined 
118.13  geographical area. 
118.14     (e) "Water quality treatment and management services" means 
118.15  the monitoring and control of alternative discharging sewage 
118.16  systems to eliminate or reduce water pollution from point and 
118.17  nonpoint sources; the management, use, reuse, recycling, or 
118.18  reclamation of land, water, or wastewater for water supply; 
118.19  geothermal heating and cooling; fire protection; irrigation; 
118.20  drainage; open space or green belt preservation; storm water 
118.21  management and control; flood management and control or other 
118.22  purposes that are part of a comprehensive plan to reduce, 
118.23  prevent, or eliminate water pollution. 
118.24     Subd. 2.  [AREAWIDE PERMIT.] The agency may issue an 
118.25  areawide permit for alternative discharging sewage systems, 
118.26  where the systems: 
118.27     (1) meet all applicable federal and state standards for 
118.28  treatment and discharge of sewage effluents by the agency; 
118.29     (2) are part of a water quality treatment and management 
118.30  plan to prevent, eliminate, or reduce water pollution within a 
118.31  defined geographic area; 
118.32     (3) are owned or controlled by a water quality cooperative; 
118.33  and 
118.34     (4) the water quality cooperative has a service agreement 
118.35  with a local unit of government to provide water quality 
118.36  treatment and management services for the area under section 
119.1   471A.03. 
119.2      Subd. 3.  [LOCAL ORDINANCE EXEMPTION.] Any system which is 
119.3   permitted under subdivision 2 is exempt from the requirements of 
119.4   any local ordinance adopted to conform with section 115.55 if 
119.5   the system complies with the applicable standards for discharges 
119.6   and treatment of sewage effluents. 
119.7      Sec. 95.  Minnesota Statutes 1996, section 115A.54, 
119.8   subdivision 2a, is amended to read: 
119.9      Subd. 2a.  [SOLID WASTE MANAGEMENT PROJECTS.] (a) The 
119.10  director shall provide technical and financial assistance for 
119.11  the acquisition and betterment of solid waste management 
119.12  projects as provided in this subdivision and section 115A.52.  
119.13  Money appropriated for the purposes of this subdivision must be 
119.14  distributed as grants. 
119.15     (b) Except as provided in paragraph (c), a project may 
119.16  receive grant assistance up to 25 percent of the capital cost of 
119.17  the project or $2,000,000, whichever is less, except that 
119.18  projects constructed as a result of intercounty cooperative 
119.19  agreements may receive (1) grant assistance up to 25 percent of 
119.20  the capital cost of the project; or (2) $2,000,000 times the 
119.21  number of participating counties, whichever is less.  
119.22     (c) A recycling project or a project to compost or 
119.23  cocompost waste may receive grant assistance up to 50 percent of 
119.24  the capital cost of the project or $2,000,000, whichever is 
119.25  less, except that projects completed as a result of intercounty 
119.26  cooperative agreements may receive (1) grant assistance up to 50 
119.27  percent of the capital cost of the project; or (2) $2,000,000 
119.28  times the number of participating counties, whichever is less.  
119.29  The following projects may also receive grant assistance in the 
119.30  amounts specified in this paragraph: 
119.31     (1) a project to improve control of or reduce air emissions 
119.32  at an existing resource recovery facility; and 
119.33     (2) a project to substantially increase the recovery of 
119.34  materials or energy, substantially reduce the amount or toxicity 
119.35  of waste processing residuals, or expand the capacity of an 
119.36  existing resource recovery facility to meet the resource 
120.1   recovery needs of an expanded region if each county from which 
120.2   waste is or would be received has achieved a recycling rate in 
120.3   excess of the goals in section 115A.551, and is implementing 
120.4   aggressive waste reduction and household hazardous waste 
120.5   management programs. 
120.6      (d) Notwithstanding paragraph (e), the director may award 
120.7   grants for transfer stations that will initially transfer waste 
120.8   to landfills if the transfer stations are part of a planned 
120.9   resource recovery project, the county where the planned resource 
120.10  recovery facility will be located has a comprehensive solid 
120.11  waste management plan approved by the director, and the solid 
120.12  waste management plan proposes the development of the resource 
120.13  recovery facility.  If the proposed resource recovery facility 
120.14  is not in place and operating within eight 12 years of the date 
120.15  of the grant award, the recipient shall repay the grant amount 
120.16  to the state. 
120.17     (e) Projects without resource recovery are not eligible for 
120.18  assistance. 
120.19     (f) In addition to any assistance received under paragraph 
120.20  (b) or (c), a project may receive grant assistance for the cost 
120.21  of tests necessary to determine the appropriate pollution 
120.22  control equipment for the project or the environmental effects 
120.23  of the use of any product or material produced by the project. 
120.24     (g) In addition to the application requirements of section 
120.25  115A.51, an application for a project serving eligible 
120.26  jurisdictions in only a single county must demonstrate that 
120.27  cooperation with jurisdictions in other counties to develop the 
120.28  project is not needed or not feasible.  Each application must 
120.29  also demonstrate that the project is not financially prudent 
120.30  without the state assistance, because of the applicant's 
120.31  financial capacity and the problems inherent in the waste 
120.32  management situation in the area, particularly transportation 
120.33  distances and limited waste supply and markets for resources 
120.34  recovered.  
120.35     (h) For the purposes of this subdivision, a "project" means 
120.36  a processing facility, together with any transfer stations, 
121.1   transmission facilities, and other related and appurtenant 
121.2   facilities primarily serving the processing facility.  The 
121.3   director shall adopt rules for the program by July 1, 1985. 
121.4      (i) Notwithstanding anything in this subdivision to the 
121.5   contrary, a project to construct a new mixed municipal solid 
121.6   waste transfer station that has an enforceable commitment of at 
121.7   least ten years, or of sufficient length to retire bonds sold 
121.8   for the facility, to serve an existing resource recovery 
121.9   facility may receive grant assistance up to 75 percent of the 
121.10  capital cost of the project if addition of the transfer station 
121.11  will increase substantially the geographical area served by the 
121.12  resource recovery facility and the ability of the resource 
121.13  recovery facility to operate more efficiently on a regional 
121.14  basis and the facility meets the criteria in paragraph (c), the 
121.15  second clause (2).  A transfer station eligible for assistance 
121.16  under this paragraph is not eligible for assistance under any 
121.17  other paragraph of this subdivision. 
121.18     Sec. 96.  Minnesota Statutes 1996, section 115A.912, is 
121.19  amended by adding a subdivision to read: 
121.20     Subd. 4.  [WASTE TIRE MATERIALS; PROHIBITION.] Materials 
121.21  derived from waste tires may not be used as lighweight fill in 
121.22  the construction of public roads in the state unless the 
121.23  construction plan is prepared by a professional engineer 
121.24  experienced in the geotechnical field and licensed in the state 
121.25  of Minnesota.  The plan shall include, but not be limited to, 
121.26  the location, duration, and length of the project, the depth of 
121.27  fill, the depth of cover, the size of waste tire pieces, the 
121.28  plan for encapsulating the waste tire pieces, and the fire 
121.29  protection plan.  All engineering specifications must be 
121.30  consistent with the current lighweight tire fill engineering 
121.31  practices as developed for roadways by the Minnesota department 
121.32  of transportation. 
121.33     Sec. 97.  Minnesota Statutes 1996, section 115A.916, is 
121.34  amended to read: 
121.35     115A.916 [MOTOR VEHICLE FLUIDS AND FILTERS; PROHIBITIONS.] 
121.36     (a) A person may not knowingly place motor oil, brake 
122.1   fluid, power steering fluid, transmission fluid, motor oil 
122.2   filters, or motor vehicle antifreeze: 
122.3      (1) in solid waste or in a solid waste management facility 
122.4   other than a recycling facility or a household hazardous waste 
122.5   collection facility; 
122.6      (2) in or on the land, unless approved by the agency; or 
122.7      (3) in or on the waters of the state or in a stormwater or 
122.8   wastewater collection or treatment system.  
122.9      (b) For the purposes of this section, "antifreeze" does not 
122.10  include small amounts of antifreeze contained in water used to 
122.11  flush the cooling system of a vehicle after the antifreeze has 
122.12  been drained and does not include deicer that has been used on 
122.13  the exterior of a vehicle. 
122.14     (c) For businesses that purchase or use an annual average 
122.15  of over 150 50 gallons of motor vehicle antifreeze per month for 
122.16  on-site installation in motor vehicles, this section does not 
122.17  apply to antifreeze placed in a wastewater collection system 
122.18  that includes a publicly owned treatment works that is permitted 
122.19  by the agency until December 31, 1996 1997.  For businesses that 
122.20  purchase or use an annual average of 150 50 gallons or less of 
122.21  motor vehicle antifreeze per month for on-site installation in 
122.22  motor vehicles, this section does not apply to antifreeze placed 
122.23  in a wastewater collection system that includes a publicly owned 
122.24  treatment works that is permitted by the agency until December 
122.25  31, 1997 July 1, 1998. 
122.26     (d) Notwithstanding paragraph (a), motor oil filters and 
122.27  portions of motor oil filters may be processed at a permitted 
122.28  mixed municipal solid waste resource recovery facility that 
122.29  directly burns the waste if: 
122.30     (1) the facility is subject to an industrial waste 
122.31  management plan that addresses management of motor oil filters 
122.32  and the owner or operator of the facility can demonstrate to the 
122.33  satisfaction of the commissioner that the facility is in 
122.34  compliance with that plan; 
122.35     (2) the facility recovers ferrous metal after incineration 
122.36  for recycling as part of its operation; and 
123.1      (3) the motor oil filters are collected separately from 
123.2   mixed municipal solid waste and are not combined with it except 
123.3   for the purpose of incinerating the waste. 
123.4      (e) The commissioner of the pollution control agency, 
123.5   industry organizations representing automotive repair businesses 
123.6   and antifreeze recycling businesses, and environmental 
123.7   organizations shall work together to develop and promote 
123.8   opportunities to recycle waste motor vehicle antifreeze and to 
123.9   review the impact of alternative antifreeze disposal or 
123.10  recycling methods on businesses and the environment. 
123.11     Sec. 98.  Minnesota Statutes 1996, section 115A.932, 
123.12  subdivision 1, is amended to read: 
123.13     Subdivision 1.  [PROHIBITIONS.] (a) A person may not place 
123.14  mercury or a thermostat, thermometer, electric switch, 
123.15  appliance, gauge, or medical or scientific instrument from which 
123.16  the mercury has not been removed for reuse or recycling: 
123.17     (1) in solid waste; or 
123.18     (2) in a wastewater disposal system. 
123.19     (b) A person may not knowingly place mercury or a 
123.20  thermostat, thermometer, electric switch, appliance, gauge, or 
123.21  medical or scientific instrument from which the mercury has not 
123.22  been removed for reuse or recycling: 
123.23     (1) in a solid waste processing facility; or 
123.24     (2) in a solid waste disposal facility, as defined in 
123.25  section 115.01, subdivision 4. 
123.26     (c) A person may not knowingly place a fluorescent or high 
123.27  intensity discharge lamp: 
123.28     (1) in solid waste; or 
123.29     (2) in a solid waste facility, except a household hazardous 
123.30  waste collection or recycling facility. 
123.31     This paragraph does not apply to waste lamps generated by 
123.32  households until August 1, 1994. 
123.33     Sec. 99.  Minnesota Statutes 1996, section 115B.02, is 
123.34  amended by adding a subdivision to read: 
123.35     Subd. 9a.  [INSTITUTIONAL CONTROLS.] "Institutional 
123.36  controls" means legally enforceable restrictions, conditions, or 
124.1   controls on the use of real property, groundwater, or surface 
124.2   water located at or adjacent to a facility where response 
124.3   actions are taken that are reasonably required to assure that 
124.4   the response actions are protective of public health or welfare 
124.5   or the environment.  Institutional controls include 
124.6   restrictions, conditions, or controls enforceable by contract, 
124.7   easement, restrictive covenant, statute, ordinance, or rule, 
124.8   including official controls such as zoning, building codes, and 
124.9   official maps.  An affidavit required under section 115B.16, 
124.10  subdivision 2, or similar notice of a release recorded with real 
124.11  property records is also an institutional control. 
124.12     Sec. 100.  Minnesota Statutes 1996, section 115B.02, 
124.13  subdivision 16, is amended to read: 
124.14     Subd. 16.  [REMEDY OR REMEDIAL ACTION.] "Remedy" or 
124.15  "remedial action" means those actions consistent with permanent 
124.16  remedy taken instead of or in addition to removal actions in the 
124.17  event of a release or threatened release of a hazardous 
124.18  substance, or a pollutant or contaminant, into the environment, 
124.19  to prevent, minimize or eliminate the release in order to 
124.20  protect the public health or welfare or the environment.  
124.21     Remedy or remedial action includes, but is not limited to:  
124.22     (a) Actions at the location of the release such as storage, 
124.23  confinement, perimeter protection using dikes, trenches, or 
124.24  ditches, clay cover, neutralization, cleanup of released 
124.25  hazardous substances, pollutants or contaminants, or 
124.26  contaminated materials, recycling or reuse, diversion, 
124.27  destruction, segregation of reactive wastes, dredging or 
124.28  excavations, repair or replacement of leaking containers, 
124.29  collection of leachate and runoff, on-site treatment or 
124.30  incineration, provision of alternative water supplies, and any 
124.31  monitoring and maintenance, and institutional controls, 
124.32  reasonably required to assure that these actions protect the 
124.33  public health and welfare and the environment; and 
124.34     (b) The costs of permanent relocation of residents and 
124.35  businesses and community facilities when the agency determines 
124.36  that, alone or in combination with other measures, relocation is 
125.1   more cost-effective than and environmentally preferable to the 
125.2   transportation, storage, treatment, destruction, or secure 
125.3   disposition off-site of hazardous substances, or pollutants or 
125.4   contaminants, or may otherwise be necessary to protect the 
125.5   public health or welfare.  
125.6      Remedy or remedial action does not include offsite 
125.7   transport of hazardous substances, pollutants or contaminants, 
125.8   or contaminated materials or their storage, treatment, 
125.9   destruction, or secure disposition offsite unless the agency 
125.10  determines that these actions:  
125.11     (1) Are more cost-effective than other remedial actions; 
125.12     (2) Will create new capacity to manage hazardous substances 
125.13  in addition to those located at the affected facility, in 
125.14  compliance with section 116.07 and subtitle C of the Solid Waste 
125.15  Disposal Act, United States Code, title 42, section 6921 et 
125.16  seq.; or 
125.17     (3) Are necessary to protect the public health or welfare 
125.18  or the environment from a present or potential risk which may be 
125.19  created by further exposure to the continued presence of the 
125.20  hazardous substances, pollutants or contaminants, or 
125.21  contaminated materials.  
125.22     Sec. 101.  Minnesota Statutes 1996, section 115B.17, 
125.23  subdivision 14, is amended to read: 
125.24     Subd. 14.  [REQUESTS FOR REVIEW, INVESTIGATION, AND 
125.25  OVERSIGHT.] (a) The commissioner may, upon request, assist a 
125.26  person in determining whether real property has been the site of 
125.27  a release or threatened release of a hazardous substance, 
125.28  pollutant, or contaminant.  The commissioner may also assist in, 
125.29  or supervise, the development and implementation of reasonable 
125.30  and necessary response actions.  Assistance may include review 
125.31  of agency records and files, and review and approval of a 
125.32  requester's investigation plans and reports and response action 
125.33  plans and implementation. 
125.34     (b) Except as otherwise provided in this paragraph, the 
125.35  person requesting assistance under this subdivision shall pay 
125.36  the agency for the agency's cost, as determined by the 
126.1   commissioner, of providing assistance.  A state agency, 
126.2   political subdivision, or other public entity is not required to 
126.3   pay for the agency's cost to review agency records and files.  
126.4   Money received by the agency for assistance under this section 
126.5   must be deposited in the environmental response, compensation, 
126.6   and compliance fund. 
126.7      (c) When a person investigates a release or threatened 
126.8   release in accordance with an investigation plan approved by the 
126.9   commissioner under this subdivision, the investigation does not 
126.10  associate that person with the release or threatened release for 
126.11  the purpose of section 115B.03, subdivision 3, paragraph (d). 
126.12     Sec. 102.  Minnesota Statutes 1996, section 115B.17, 
126.13  subdivision 15, is amended to read: 
126.14     Subd. 15.  [ACQUISITION OF PROPERTY.] The agency may 
126.15  acquire, by purchase or donation, an interest in real property, 
126.16  including easements, restrictive covenants, and leases, that the 
126.17  agency determines is necessary for response action.  The 
126.18  validity and duration of a restrictive covenant or nonpossessory 
126.19  easement acquired under this subdivision shall be determined in 
126.20  the same manner as the validity and duration of a conservation 
126.21  easement under chapter 84C, unless the duration is otherwise 
126.22  provided in the agreement.  The agency may acquire an easement 
126.23  by condemnation only if the agency is unable, after reasonable 
126.24  efforts, to acquire an interest in real property by purchase or 
126.25  donation.  The provisions of chapter 117 govern condemnation 
126.26  proceedings by the agency under this subdivision.  A donation of 
126.27  an interest in real property to the agency is not effective 
126.28  until the agency executes a certificate of acceptance.  The 
126.29  state is not liable under this chapter solely as a result of 
126.30  acquiring an interest in real property under this subdivision. 
126.31     Sec. 103.  Minnesota Statutes 1996, section 115B.17, is 
126.32  amended by adding a subdivision to read: 
126.33     Subd. 17.  [SETTLEMENTS; GENERAL AUTHORITY.] In addition to 
126.34  the general authority vested in the agency to settle any claims 
126.35  under sections 115B.01 to 115B.18, the agency may exercise the 
126.36  settlement authorities provided in subdivisions 17 to 20.  If 
127.1   the agency does not obtain complete relief for all of its claims 
127.2   under sections 115B.01 to 115B.18, pursuant to a settlement, the 
127.3   agency may bring claims under those sections against any person 
127.4   who is not a party to the settlement, but the settlement shall 
127.5   reduce the liability of any person who is not a party to the 
127.6   settlement by the amount of the settlement. 
127.7      Sec. 104.  Minnesota Statutes 1996, section 115B.17, is 
127.8   amended by adding a subdivision to read: 
127.9      Subd. 18.  [CONTRIBUTION PROTECTION FOR 
127.10  SETTLORS.] Notwithstanding anything to the contrary in section 
127.11  115B.08 or any other law, a person who resolves its liability to 
127.12  the agency under sections 115B.01 to 115B.18 in a settlement 
127.13  shall not be liable for any claim for contribution regarding 
127.14  matters addressed in the settlement.  Except as otherwise 
127.15  provided in the settlement, a party to a settlement retains any 
127.16  right under section 115B.08 or any other law to bring a claim 
127.17  for contribution against any person who is not a party to the 
127.18  settlement.  Any claim for contribution against a person who is 
127.19  not a party to the settlement shall be subordinate to any claim 
127.20  asserted against such person by the agency. 
127.21     Sec. 105.  Minnesota Statutes 1996, section 115B.17, is 
127.22  amended by adding a subdivision to read: 
127.23     Subd. 19.  [REIMBURSEMENT UNDER CERTAIN SETTLEMENTS.] (a) 
127.24  When the agency determines that some but not all persons 
127.25  responsible for a release are willing to implement response 
127.26  actions, the agency may agree, pursuant to a settlement of its 
127.27  claims under sections 115B.01 to 115B.18, to reimburse the 
127.28  settling parties for response costs incurred to take the 
127.29  actions.  The agency may agree to reimburse any amount which 
127.30  does not exceed the amount that the agency estimates may be 
127.31  attributable to the liability of responsible persons who are not 
127.32  parties to the settlement.  Reimbursement may be provided only 
127.33  for the cost of conducting remedial design and constructing 
127.34  remedial action pursuant to the terms of the settlement.  
127.35  Reimbursement under this subdivision shall be paid only upon the 
127.36  agency's determination that the remedial action approved by the 
128.1   agency has been completed in accordance with the terms of the 
128.2   settlement.  The agency may use money appropriated to it for 
128.3   actions authorized under section 115B.20, subdivision 2, clause 
128.4   (2), to pay reimbursement under this subdivision. 
128.5      (b) The agency may agree to provide reimbursement under a 
128.6   settlement only when all of the following requirements have been 
128.7   met: 
128.8      (1) the agency has made the determination under paragraph 
128.9   (c) regarding persons who are not participating in the 
128.10  settlement, and has provided written notice to persons 
128.11  identified under paragraph (c), clauses (1) and (2), of their 
128.12  opportunity to participate in the settlement or in a separate 
128.13  settlement under subdivision 20; 
128.14     (2) the release addressed in the settlement has been 
128.15  assigned a priority pursuant to agency rules adopted under 
128.16  subdivision 13, and the priority is at least as high as a 
128.17  release for which the agency would be allowed to allocate funds 
128.18  for remedial action under the rules; 
128.19     (3) an investigation of the release addressed in the 
128.20  settlement has been completed in accordance with a plan approved 
128.21  by the agency; and 
128.22     (4) the agency has approved the remedial action to be 
128.23  implemented under the settlement. 
128.24     (c) Before entering into a settlement providing for 
128.25  reimbursement under this subdivision, the agency shall determine 
128.26  that there are one or more persons who meet any of the following 
128.27  criteria who are not participating in the settlement: 
128.28     (1) persons identified by the agency as responsible for the 
128.29  release addressed in the settlement but who are likely to have 
128.30  only minimal involvement in actions leading to the release, or 
128.31  are insolvent or financially unable to pay any significant share 
128.32  of response action costs; 
128.33     (2) persons identified by the agency as responsible for the 
128.34  release other than persons described in clause (1) and who are 
128.35  unwilling to participate in the settlement or to take response 
128.36  actions with respect to the release; 
129.1      (3) persons whom the agency has reason to believe are 
129.2   responsible for the release addressed in the settlement but whom 
129.3   the agency has been unable to identify; or 
129.4      (4) persons identified to the agency by a party to the 
129.5   proposed settlement as persons who are potentially responsible 
129.6   for the release but for whom the agency has insufficient 
129.7   information to determine responsibility. 
129.8      (d) Except as otherwise provided in this subdivision, a 
129.9   decision of the agency under this subdivision to offer or agree 
129.10  to provide reimbursement in any settlement, or to determine the 
129.11  amount of reimbursement it will provide under a settlement, is a 
129.12  matter of agency discretion in the exercise of its enforcement 
129.13  authority.  In exercising discretion in this matter, the agency 
129.14  may consider, among other factors, the degree of cooperation 
129.15  with the agency that has been shown prior to the settlement by 
129.16  the parties seeking reimbursement. 
129.17     (e) The agency may require as a term of settlement under 
129.18  this subdivision that the parties receiving reimbursement from 
129.19  the agency waive any rights they may have to bring a claim for 
129.20  contribution against persons who are not parties to the 
129.21  settlement. 
129.22     Sec. 106.  Minnesota Statutes 1996, section 115B.17, is 
129.23  amended by adding a subdivision to read: 
129.24     Subd. 20.  [SETTLEMENTS WITH DE MINIMIS PARTIES AND PARTIES 
129.25  WITH LIMITED FINANCIAL RESOURCES.] (a) The agency may agree to 
129.26  separately settle its claims under sections 115B.01 to 115B.18 
129.27  with any persons: 
129.28     (1) whose liability for response costs or response actions, 
129.29  in the determination of the agency, is minimal in comparison 
129.30  with the liability of other persons responsible for the release; 
129.31  or 
129.32     (2) who are responsible for a release but, in the 
129.33  determination of the agency, are insolvent or financially unable 
129.34  to pay any significant share of their liability for the response 
129.35  costs. 
129.36     (b) A settlement under this subdivision may require the 
130.1   parties to pay a fixed amount in money or in kind toward the 
130.2   implementation of response actions, and may include a premium 
130.3   for the risk of additional future response costs or response 
130.4   action requirements.  The agency may require as a term of a 
130.5   settlement under this subdivision that the settling responsible 
130.6   persons waive any rights they may have to bring a claim for 
130.7   contribution against persons who are not parties to the 
130.8   settlement. 
130.9      (c) All amounts paid to the agency under a settlement 
130.10  entered into pursuant to this subdivision shall be deposited in 
130.11  the account and are appropriated to the agency to pay for 
130.12  response actions and associated administrative and legal costs 
130.13  related to the release addressed in the settlement, including 
130.14  reimbursement for response costs under subdivision 19. 
130.15     Sec. 107.  Minnesota Statutes 1996, section 115B.175, 
130.16  subdivision 2, is amended to read: 
130.17     Subd. 2.  [PARTIAL RESPONSE ACTION PLANS; CRITERIA FOR 
130.18  APPROVAL.] (a) The commissioner may approve a voluntary response 
130.19  action plan submitted under this section that does not require 
130.20  removal or remedy of all releases and threatened releases at an 
130.21  identified area of real property if the commissioner determines 
130.22  that all of the following criteria have been met: 
130.23     (1) if reuse or development of the property is proposed, 
130.24  the voluntary response action plan provides for all response 
130.25  actions required to carry out the proposed reuse or development 
130.26  in a manner that meets the same standards for protection that 
130.27  apply to response actions taken or requested under section 
130.28  115B.17, subdivision 1 or 2; 
130.29     (2) the response actions and the activities associated with 
130.30  any reuse or development proposed for the property will not 
130.31  aggravate or contribute to releases or threatened releases that 
130.32  are not required to be removed or remedied under the voluntary 
130.33  response action plan, and will not interfere with or 
130.34  substantially increase the cost of response actions to address 
130.35  the remaining releases or threatened releases; and 
130.36     (3) the owner of the property agrees to cooperate with the 
131.1   commissioner or other persons acting at the direction of the 
131.2   commissioner in taking response actions necessary to address 
131.3   remaining releases or threatened releases, and to avoid any 
131.4   action that interferes with the response actions. 
131.5      (b) Under paragraph (a), clause (3), an owner may be 
131.6   required to agree to any or all of the following terms necessary 
131.7   to carry out response actions to address remaining releases or 
131.8   threatened releases: 
131.9      (1) to provide access to the property to the commissioner 
131.10  and the commissioner's authorized representatives; 
131.11     (2) to allow the commissioner, or persons acting at the 
131.12  direction of the commissioner, to undertake reasonable and 
131.13  necessary activities at the property including placement of 
131.14  borings, wells, equipment, and structures on the property, 
131.15  provided that the activities do not unreasonably interfere with 
131.16  the proposed reuse or redevelopment; and 
131.17     (3) to grant easements or other interests in the property 
131.18  to the agency for any of the purposes provided in clause (1) or 
131.19  (2). 
131.20     (c) An agreement under paragraph (a), clause (3), must 
131.21  apply to and be binding upon the successors and assigns of the 
131.22  owner.  The owner shall record the agreement, or a memorandum 
131.23  approved by the commissioner that summarizes the agreement, with 
131.24  the county recorder or registrar of titles of the county where 
131.25  the property is located. 
131.26     Sec. 108.  Minnesota Statutes 1996, section 115B.175, 
131.27  subdivision 6a, is amended to read: 
131.28     Subd. 6a.  [VOLUNTARY RESPONSE ACTIONS BY RESPONSIBLE 
131.29  PERSONS.] (a) Notwithstanding subdivision 1, paragraph (a), when 
131.30  a person who is responsible for a release or threatened release 
131.31  under sections 115B.01 to 115B.18 undertakes and completes 
131.32  response actions, the protection from liability provided by this 
131.33  section applies to persons described in paragraph (c) if the 
131.34  response actions are undertaken and completed in accordance with 
131.35  this subdivision. 
131.36     (b) The response actions must be undertaken and completed 
132.1   in accordance with a voluntary response action plan approved as 
132.2   provided in subdivision 3.  Notwithstanding subdivision 2, a 
132.3   voluntary response action plan submitted by a person who is 
132.4   responsible for the release or threatened release must require 
132.5   remedy or removal of all releases and threatened releases at the 
132.6   identified area of real property.  The identified area of real 
132.7   property must correspond to the boundaries of a parcel that is 
132.8   either separately platted or is the entire parcel. 
132.9      (c) Subject to the provisions of subdivision 7, when the 
132.10  commissioner issues a certificate of completion under 
132.11  subdivision 5 for response actions completed at an identified 
132.12  area of real property in accordance with this subdivision, the 
132.13  liability protection under this section applies to: 
132.14     (1) a person who acquires the identified real property 
132.15  after approval of the voluntary response action plan; 
132.16     (2) a person providing financing for response actions or 
132.17  development at the identified real property after approval of 
132.18  the response action plan, whether the financing is provided to 
132.19  the person undertaking the response actions or other person who 
132.20  acquires or develops the property; and 
132.21     (3) a successor or assign of a person to whom the liability 
132.22  protection applies under this paragraph. 
132.23     (d) When the commissioner issues a certificate of 
132.24  completion for response actions completed by a responsible 
132.25  person, the commissioner and the responsible person may enter 
132.26  into an agreement that resolves the person's future liability to 
132.27  the agency under sections 115B.01 to 115B.18 for the release or 
132.28  threatened release addressed by the response actions. 
132.29     Sec. 109.  Minnesota Statutes 1996, section 115B.412, 
132.30  subdivision 10, is amended to read: 
132.31     Subd. 10.  [REPORT.] By October December 1 of each year, 
132.32  the commissioner shall report to the environment and natural 
132.33  resources committees and to the appropriate finance committees 
132.34  of the senate and the house of representatives on the 
132.35  commissioner's activities under sections 115B.39 to 115B.43 and 
132.36  the commissioner's anticipated activities during future fiscal 
133.1   years. 
133.2      Sec. 110.  Minnesota Statutes 1996, section 115B.48, 
133.3   subdivision 3, is amended to read: 
133.4      Subd. 3.  [DRYCLEANING FACILITY.] "Drycleaning facility" 
133.5   means a facility located in this state that is or has been used 
133.6   for a drycleaning operation, other than: 
133.7      (1) a coin-operated drycleaning operation; 
133.8      (2) a facility located on a United States military base; 
133.9      (3) a uniform service or linen supply facility; 
133.10     (4) a prison or other penal institution; 
133.11     (5) a facility on the national priorities list established 
133.12  under the Federal Superfund Act; or 
133.13     (6) a facility at which a response action has been taken or 
133.14  started under section 115B.17 before July 1, 1995, except as 
133.15  authorized in a settlement agreement approved by the 
133.16  commissioner by July 1, 1997. 
133.17     Sec. 111.  Minnesota Statutes 1996, section 115B.48, 
133.18  subdivision 8, is amended to read: 
133.19     Subd. 8.  [FULL-TIME EQUIVALENCE.] "Full-time equivalence" 
133.20  means 2,000 hours worked by employees, owners, and others, at 
133.21  duties related to the drycleaning operation in a drycleaning 
133.22  facility during a 12-month period beginning July 1 of the 
133.23  preceding year and running through June 30 of the year in which 
133.24  the annual registration fee is due.  For those drycleaning 
133.25  facilities that were in business less than the 12-month period, 
133.26  full-time equivalence means the total of all of the hours worked 
133.27  at duties related to the drycleaning operation in the 
133.28  drycleaning facility, divided by 2,000 and multiplied by a 
133.29  fraction, the numerator of which is 50 and the denominator of 
133.30  which is the number of weeks in business during the reporting 
133.31  period. 
133.32     Sec. 112.  Minnesota Statutes 1996, section 115B.49, 
133.33  subdivision 4, is amended to read: 
133.34     Subd. 4.  [REGISTRATION; FEES.] (a) The owner or operator 
133.35  of a drycleaning facility shall register on or before July 1 of 
133.36  each year with the commissioner of revenue in a manner 
134.1   prescribed by the commissioner of revenue and pay a registration 
134.2   fee for the facility.  The amount of the fee is: 
134.3      (1) $500, for facilities with a full-time equivalence of 
134.4   fewer than five; 
134.5      (2) $1,000, for facilities with a full-time equivalence of 
134.6   five to ten; and 
134.7      (3) $1,500, for facilities with a full-time equivalence of 
134.8   more than ten. 
134.9      (b) A person who sells drycleaning solvents for use by 
134.10  drycleaning facilities in the state shall collect and remit to 
134.11  the commissioner of revenue in a manner prescribed by the 
134.12  commissioner of revenue, on or before the 20th day of the month 
134.13  following the month in which the sales of drycleaning solvents 
134.14  are made, a fee of: 
134.15     (1) $3.50 for each gallon of perchloroethylene sold for use 
134.16  by drycleaning facilities in the state; and 
134.17     (2) 70 cents for each gallon of hydrocarbon-based 
134.18  drycleaning solvent sold for use by drycleaning facilities in 
134.19  the state. 
134.20     (c) The commissioner shall, after a public hearing but 
134.21  notwithstanding section 16A.1285, subdivision 4, annually adjust 
134.22  the fees in this subdivision as necessary to maintain an 
134.23  unencumbered balance in the account annual income of at least 
134.24  $1,000,000: 
134.25     (1) $600,000 beginning July 1, 1997; 
134.26     (2) $700,000 beginning July 1, 1998; and 
134.27     (3) $800,000 beginning July 1, 1999. 
134.28  Any adjustment under this paragraph must be prorated among all 
134.29  the fees in this subdivision.  Fees adjusted under this 
134.30  paragraph may not exceed 200 percent of the fees in this 
134.31  subdivision After adjustment under this paragraph, the fees in 
134.32  this subdivision must not be greater than two times their 
134.33  original amount.  The commissioner shall notify the commissioner 
134.34  of revenue of an adjustment under this paragraph no later than 
134.35  March 1 of the year in which the adjustment is to become 
134.36  effective.  The adjustment is effective for sales of drycleaning 
135.1   solvents made, and annual registration fees due, beginning on 
135.2   July 1 of the same year. 
135.3      (d) To enforce this subdivision, the commissioner of 
135.4   revenue may examine documents, assess and collect fees, conduct 
135.5   investigations, issue subpoenas, grant extensions to file 
135.6   returns and pay fees, impose penalties and interest on the 
135.7   annual registration fee under paragraph (a) and the monthly fee 
135.8   under paragraph (b), abate penalties and interest, and 
135.9   administer appeals, in the manner provided in chapters 270 and 
135.10  289A.  The penalties and interest imposed on taxes under chapter 
135.11  297A apply to the fees imposed under this subdivision.  
135.12  Disclosure of data collected by the commissioner of revenue 
135.13  under this subdivision is governed by chapter 270B. 
135.14     Sec. 113.  Minnesota Statutes 1996, section 116.07, 
135.15  subdivision 4d, is amended to read: 
135.16     Subd. 4d.  [PERMIT FEES.] (a) The agency may collect permit 
135.17  fees in amounts not greater than those necessary to cover the 
135.18  reasonable costs of reviewing and acting upon applications for 
135.19  agency permits and implementing and enforcing the conditions of 
135.20  the permits pursuant to agency rules.  Permit fees shall not 
135.21  include the costs of litigation.  The agency shall adopt rules 
135.22  under section 16A.1285 establishing a system for charging permit 
135.23  fees collected under this subdivision.  The fee schedule must 
135.24  reflect reasonable and routine permitting, implementation, and 
135.25  enforcement costs.  The agency may impose an additional 
135.26  enforcement fee to be collected for a period of up to two years 
135.27  to cover the reasonable costs of implementing and enforcing the 
135.28  conditions of a permit under the rules of the agency.  Any money 
135.29  collected under this paragraph shall be deposited in the special 
135.30  revenue account environmental fund. 
135.31     (b) Notwithstanding paragraph (a), and section 16A.1285, 
135.32  subdivision 2, the agency shall collect an annual fee from the 
135.33  owner or operator of all stationary sources, emission 
135.34  facilities, emissions units, air contaminant treatment 
135.35  facilities, treatment facilities, potential air contaminant 
135.36  storage facilities, or storage facilities subject to the 
136.1   requirement to obtain a permit under subchapter V of the federal 
136.2   Clean Air Act, United States Code, title 42, section 7401 et 
136.3   seq., or section 116.081.  The annual fee shall be used to pay 
136.4   for all direct and indirect reasonable costs, including attorney 
136.5   general costs, required to develop and administer the permit 
136.6   program requirements of subchapter V of the federal Clean Air 
136.7   Act, United States Code, title 42, section 7401 et seq., and 
136.8   sections of this chapter and the rules adopted under this 
136.9   chapter related to air contamination and noise.  Those costs 
136.10  include the reasonable costs of reviewing and acting upon an 
136.11  application for a permit; implementing and enforcing statutes, 
136.12  rules, and the terms and conditions of a permit; emissions, 
136.13  ambient, and deposition monitoring; preparing generally 
136.14  applicable regulations; responding to federal guidance; 
136.15  modeling, analyses, and demonstrations; preparing inventories 
136.16  and tracking emissions; and providing information to the public 
136.17  about these activities. 
136.18     (c) The agency shall adopt fee rules in accordance with the 
136.19  procedures in section 16A.1285, subdivision 5, that: 
136.20     (1) will result in the collection, in the aggregate, from 
136.21  the sources listed in paragraph (b), of the following amounts: 
136.22     (1) an amount not less than $25 per ton of each volatile 
136.23  organic compound; pollutant regulated under United States Code, 
136.24  title 42, section 7411 or 7412 (section 111 or 112 of the 
136.25  federal Clean Air Act); and each pollutant, except carbon 
136.26  monoxide, for which a national primary ambient air quality 
136.27  standard has been promulgated; and 
136.28     (2) the agency fee rules may also result in the collection, 
136.29  in the aggregate, from the sources listed in paragraph (b), of 
136.30  an amount not less than $25 per ton of each pollutant not listed 
136.31  in clause (1) that is regulated under this chapter or air 
136.32  quality rules adopted under this chapter.; and 
136.33     (3) shall collect, in the aggregate, from the sources 
136.34  listed in paragraph (b), the amount needed to match grant funds 
136.35  received by the state under United States Code, title 42, 
136.36  section 7405 (section 105 of the federal Clean Air Act). 
137.1   The agency must not include in the calculation of the aggregate 
137.2   amount to be collected under the fee rules clauses (1) and (2) 
137.3   any amount in excess of 4,000 tons per year of each air 
137.4   pollutant from a source.  The increase in air permit fees to 
137.5   match federal grant funds shall be a surcharge on existing 
137.6   fees.  The commissioner may not collect the surcharge after the 
137.7   grant funds become unavailable.  In addition, the commissioner 
137.8   shall use nonfee funds to the extent practical to match the 
137.9   grant funds so that the fee surcharge is minimized. 
137.10     (d) To cover the reasonable costs described in paragraph 
137.11  (b), the agency shall provide in the rules promulgated under 
137.12  paragraph (c) for an increase in the fee collected in each year 
137.13  by the percentage, if any, by which the Consumer Price Index for 
137.14  the most recent calendar year ending before the beginning of the 
137.15  year the fee is collected exceeds the Consumer Price Index for 
137.16  the calendar year 1989.  For purposes of this paragraph the 
137.17  Consumer Price Index for any calendar year is the average of the 
137.18  Consumer Price Index for all-urban consumers published by the 
137.19  United States Department of Labor, as of the close of the 
137.20  12-month period ending on August 31 of each calendar year.  The 
137.21  revision of the Consumer Price Index that is most consistent 
137.22  with the Consumer Price Index for calendar year 1989 shall be 
137.23  used. 
137.24     (e) Any money collected under paragraphs (b) to (d) must be 
137.25  deposited in an air quality account in the environmental fund 
137.26  and must be used solely for the activities listed in paragraph 
137.27  (b).  
137.28     (f) Persons who wish to construct or expand an air emission 
137.29  facility may offer to reimburse the agency for the costs of 
137.30  staff overtime or consultant services needed to expedite permit 
137.31  review.  The reimbursement shall be in addition to fees imposed 
137.32  by paragraphs (a) to (d).  When the agency determines that it 
137.33  needs additional resources to review the permit application in 
137.34  an expedited manner, and that expediting the review would not 
137.35  disrupt air permitting program priorities, the agency may accept 
137.36  the reimbursement.  Reimbursements accepted by the agency are 
138.1   appropriated to the agency for the purpose of reviewing the 
138.2   permit application.  Reimbursement by a permit applicant shall 
138.3   precede and not be contingent upon issuance of a permit and 
138.4   shall not affect the agency's decision on whether to issue or 
138.5   deny a permit, what conditions are included in a permit, or the 
138.6   application of state and federal statutes and rules governing 
138.7   permit determinations. 
138.8      Sec. 114.  Minnesota Statutes 1996, section 116.07, is 
138.9   amended by adding a subdivision to read: 
138.10     Subd. 7a.  [NOTICE OF APPLICATION FOR LIVESTOCK FEEDLOT 
138.11  PERMIT.] A person who applies to the pollution control agency or 
138.12  a county board for a permit to construct or expand a feedlot 
138.13  with a capacity of 500 animal units or more shall, not later 
138.14  than ten business days after the application is submitted, 
138.15  provide notice to each resident and each owner of real property 
138.16  within 5,000 feet of the perimeter of the proposed feedlot.  The 
138.17  notice may be delivered by first class mail, in person, or by 
138.18  the publication in a newspaper of general circulation within the 
138.19  affected area and must include information on the type of 
138.20  livestock and the proposed capacity of the feedlot.  
138.21  Notification under this subdivision is satisfied under an equal 
138.22  or greater notification requirement of a county conditional use 
138.23  permit.  
138.24     Sec. 115.  [116.0713] [LIVESTOCK ODOR.] 
138.25     The pollution control agency must: 
138.26     (1) monitor and identify potential livestock facility 
138.27  violations of the state ambient air quality standards for 
138.28  hydrogen sulfide, using a protocol for responding to citizen 
138.29  complaints regarding feedlot odor and its hydrogen sulfide 
138.30  component, including the appropriate use of portable monitoring 
138.31  equipment that enables monitoring staff to follow plumes; 
138.32     (2) when livestock production facilities are found to be in 
138.33  violation of ambient hydrogen sulfide standards, take 
138.34  appropriate actions necessary to ensure compliance, utilizing 
138.35  appropriate technical assistance and enforcement and penalty 
138.36  authorities provided to the agency by statute and rule. 
139.1      Sec. 116.  Minnesota Statutes 1996, section 116.92, is 
139.2   amended by adding a subdivision to read: 
139.3      Subd. 8a.  [BAN; MERCURY MANOMETERS.] After June 30, 1997, 
139.4   mercury manometers for use on dairy farms may not be sold or 
139.5   installed, nor may mercury manometers in use on dairy farms be 
139.6   repaired.  After December 31, 2000, all mercury manometers on 
139.7   dairy farms must be removed from use. 
139.8      Sec. 117.  [116.993] [SMALL BUSINESS ENVIRONMENTAL 
139.9   IMPROVEMENT LOAN PROGRAM.] 
139.10     Subdivision 1.  [ESTABLISHMENT.] A small business 
139.11  environmental improvement revolving loan program is established 
139.12  to provide loans to small businesses for the purpose of capital 
139.13  equipment purchases that will meet or exceed environmental rules 
139.14  and regulations or for investigation and cleanup of contaminated 
139.15  sites.  The small business environmental improvement revolving 
139.16  loan program replaces the small business environmental loan 
139.17  program in Minnesota Statutes 1996, section 116.991, and the 
139.18  hazardous waste generator loan program in Minnesota Statutes 
139.19  1996, section 115B.223. 
139.20     Subd. 2.  [ELIGIBLE BORROWER.] To be eligible for a loan 
139.21  under this section, a borrower must: 
139.22     (1) be a small business corporation, sole proprietorship, 
139.23  partnership, or association; 
139.24     (2) be a potential emitter of pollutants to the air, 
139.25  ground, or water; 
139.26     (3) need capital for equipment purchases that will meet or 
139.27  exceed environmental regulations or need capital for site 
139.28  investigation and cleanup; 
139.29     (4) have less than 50 full-time employees; 
139.30     (5) have an after tax profit of less than $500,000; and 
139.31     (6) have a net worth of less than $1,000,000. 
139.32     Subd. 3.  [LOAN APPLICATION AND AWARD PROCEDURE.] The 
139.33  commissioner of the pollution control agency may give priority 
139.34  to applicants that include, but are not limited to, those 
139.35  subject to Clean Air Act standards adopted under United States 
139.36  Code, title 42, section 7412, those undergoing site 
140.1   investigation and remediation, those involved with facility wide 
140.2   environmental compliance and pollution prevention projects, and 
140.3   those determined by the commissioner to be small business 
140.4   outreach priorities.  The commissioner shall decide whether to 
140.5   award a loan to an eligible borrower based on: 
140.6      (1) the applicant's financial need; 
140.7      (2) the applicant's ability to secure and repay the loan; 
140.8   and 
140.9      (3) the expected environmental benefit. 
140.10     Subd. 4.  [SCREENING COMMITTEE.] The commissioner shall 
140.11  appoint a screening committee to evaluate applications and 
140.12  determine loan awards.  The committee shall have diverse 
140.13  expertise in air quality, water quality, solid and hazardous 
140.14  waste management, site response and cleanup, pollution 
140.15  prevention, and financial analysis. 
140.16     Subd. 5.  [LIMITATION ON LOAN OBLIGATION.] Numbers of 
140.17  applications accepted, evaluated, and awarded are based upon the 
140.18  available money in the small business environmental improvement 
140.19  loan account. 
140.20     Subd. 6.  [LOAN CONDITIONS.] A loan made under this section 
140.21  must include: 
140.22     (1) an interest rate that is four percent or one-half the 
140.23  prime rate, whichever is greater; 
140.24     (2) a term of payment of not more than seven years; and 
140.25     (3) an amount not less than $1,000 or exceeding $50,000. 
140.26     Sec. 118.  [116.994] [SMALL BUSINESS ENVIRONMENTAL 
140.27  IMPROVEMENT LOAN ACCOUNT.] 
140.28     The small business environmental improvement loan account 
140.29  is established in the environmental fund.  Repayments of loans 
140.30  made under section 116.993 must be credited to this account.  
140.31  This account replaces the small business environmental loan 
140.32  account in Minnesota Statutes 1996, section 116.992, and the 
140.33  hazardous waste generator loan account in Minnesota Statutes 
140.34  1996, section 115B.224.  The account balances and pending 
140.35  repayments from the small business environmental loan account 
140.36  and the hazardous waste generator account will be credited to 
141.1   this new account.  Money in the account is appropriated to the 
141.2   commissioner for loans under this section. 
141.3      Sec. 119.  Minnesota Statutes 1996, section 116C.834, 
141.4   subdivision 2, is amended to read: 
141.5      Subd. 2.  [COLLECTION AND DEPOSIT.] Fees assessed under 
141.6   subdivision 1 shall be collected by the commissioner of 
141.7   revenue.  All money received pursuant to this subdivision shall 
141.8   be deposited in the special revenue environmental fund. 
141.9      Sec. 120.  Minnesota Statutes 1996, section 116O.09, 
141.10  subdivision 2, is amended to read: 
141.11     Subd. 2.  [DUTIES.] (a) In addition to the duties and 
141.12  powers assigned to the institutes in section 116O.08, the 
141.13  agricultural utilization research institute shall: 
141.14     (1) identify the various market segments characterized by 
141.15  Minnesota's agricultural industry, address each segment's 
141.16  individual needs, and identify development opportunities in each 
141.17  segment; 
141.18     (2) develop and implement a utilization program for each 
141.19  segment that addresses its development needs and identifies 
141.20  techniques to meet those needs; 
141.21     (3) coordinate research among the public and private 
141.22  organizations and individuals specifically addressing procedures 
141.23  to transfer new technology to businesses, farmers, and 
141.24  individuals; and 
141.25     (4) provide research grants to public and private 
141.26  educational institutions and other organizations that are 
141.27  undertaking basic and applied research that would promote the 
141.28  development of the various agricultural industries; and 
141.29     (5) provide financial assistance including, but not limited 
141.30  to:  (i) direct loans, guarantees, interest subsidy payments, 
141.31  and equity investments; and (ii) participation in loan 
141.32  participations.  The board of directors shall establish the 
141.33  terms and conditions of the financial assistance. 
141.34     (b) The agricultural utilization research institute board 
141.35  of directors, with the concurrence of the advisory board, shall 
141.36  have the sole approval authority for establishing agricultural 
142.1   utilization research priorities, requests for proposals to meet 
142.2   those priorities, awarding of grants, hiring and direction of 
142.3   personnel, and other expenditures of funds consistent with the 
142.4   adopted and approved mission and goals of the agricultural 
142.5   utilization research institute.  The actions and expenditures of 
142.6   the agricultural utilization research institute are subject to 
142.7   audit and regular annual report to the legislature in general 
142.8   and specifically the house of representatives agriculture 
142.9   committee, the senate agriculture and rural development 
142.10  committee, the house of representatives appropriations 
142.11  environment and natural resources finance committee, and the 
142.12  senate finance committee environment and agriculture budget 
142.13  division. 
142.14     Sec. 121.  Minnesota Statutes 1996, section 116O.09, 
142.15  subdivision 5, is amended to read: 
142.16     Subd. 5.  [ADVISORY BOARD.] A 26-member advisory board 
142.17  is may be established to identify priorities for the 
142.18  agricultural utilization research institute.  Members of the 
142.19  advisory board are appointed by the board.  The advisory board 
142.20  consists of:  the chair of the Minnesota house of 
142.21  representatives agricultural committee; the chair of the 
142.22  Minnesota senate agricultural committee; a representative from 
142.23  each of the ten largest agricultural-related businesses in the 
142.24  state as determined by the corporation; a member from each of 
142.25  the appropriate trade organizations representing producers of 
142.26  beef cattle, dairy, corn, soybeans, pork, wheat, turkey, barley, 
142.27  wild rice, edible beans, eggs, and potatoes; a member of the 
142.28  Farmers's Union; and a member of the Farm Bureau.  Terms and 
142.29  removal of members must be set by the board and members of the 
142.30  advisory board serve without compensation but shall receive 
142.31  their necessary and actual expenses. 
142.32     The advisory board shall annually provide a list of 
142.33  priorities and suggested research and marketing studies that 
142.34  should be performed by the agricultural utilization research 
142.35  institute. 
142.36     Sec. 122.  Minnesota Statutes 1996, section 116O.09, 
143.1   subdivision 9, is amended to read: 
143.2      Subd. 9.  [MEETINGS.] The board of directors shall meet at 
143.3   least twice each year and may hold additional meetings upon 
143.4   giving notice in accordance with the bylaws of the institute.  
143.5   Board meetings are subject to section 471.705, except 
143.6   subdivision 1b as it pertains to financial information, business 
143.7   plans, income and expense projections, customer lists, market 
143.8   and feasibility studies, and trade secret information as defined 
143.9   by section 13.37, subdivision 1, paragraph (b). 
143.10     Sec. 123.  Minnesota Statutes 1996, section 216B.2423, is 
143.11  amended by adding a subdivision to read: 
143.12     Subd. 3.  [STANDARD CONTRACTS FOR WIND ENERGY CONVERSION 
143.13  SYSTEMS.] The public utilities commission shall require a public 
143.14  utility subject to subdivision 1 to develop and file in a form 
143.15  acceptable to the commission by October 1, 1997, a standard form 
143.16  contract for the purchase of electricity from wind conversion 
143.17  systems with installed capacity of two megawatts and less.  For 
143.18  purposes of applying the two megawatts limit, the installed 
143.19  capacity sold to the public utility from a single seller or 
143.20  affiliated group of sellers shall be cumulated.  The standard 
143.21  contract shall include all the terms and conditions for 
143.22  purchasing wind-generated power by the utility, except for price 
143.23  and any other specific terms necessary to ensure system 
143.24  reliability and safety, which shall be separately negotiable. 
143.25     Sec. 124.  Minnesota Statutes 1996, section 216C.41, 
143.26  subdivision 1, is amended to read: 
143.27     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
143.28  subdivision apply to this section: 
143.29     (b) "Qualified hydroelectric facility" means a 
143.30  hydroelectric generating facility in this state that: 
143.31     (1) is located at the site of a dam, if the dam was in 
143.32  existence as of March 31, 1994; and 
143.33     (2) begins generating electricity after July 1, 1994. 
143.34     (c) "Qualified wind energy conversion facility" means a 
143.35  wind energy conversion system that: 
143.36     (1) is located within one county and owned by a natural 
144.1   person who owns the land where the facility is sited, or is a 
144.2   farm-generated wind energy production facility qualifying under 
144.3   section 41B.046, subdivision 1; 
144.4      (2) produces two megawatts or less of electricity as 
144.5   measured by nameplate rating; and 
144.6      (3) begins generating electricity after June 30, 1997, and 
144.7   before July 1, 1999; or 
144.8      (2) begins generating electricity after June 30, 1999, 
144.9   produces two megawatts or less of electricity as measured by 
144.10  nameplate rating, and is: 
144.11     (i) located within one county and owned by a natural person 
144.12  who owns the land where the facility is sited; 
144.13     (ii) owned by a Minnesota small business as defined in 
144.14  section 645.445; 
144.15     (iii) owned by a nonprofit organization; or 
144.16     (iv) owned by a tribal council if the facility is located 
144.17  within the boundaries of the reservation. 
144.18     Sec. 125.  [219.99] [RAILROAD PRAIRIE RIGHTS-OF-WAY; BEST 
144.19  MANAGEMENT PRACTICES.] 
144.20     The commissioner of natural resources shall conduct a field 
144.21  review of railroad rights-of-way to identify native prairie.  
144.22  The priority will be to identify and conduct a field review of 
144.23  any surveys which have been conducted previously, whether by 
144.24  public or private persons, of native prairies within railroad 
144.25  rights-of-way in this state.  In cooperation with railroad 
144.26  companies, the commissioner shall identify management practices 
144.27  used to control vegetation along railroad rights-of-way.  The 
144.28  commissioner shall then assess the impact of those management 
144.29  practices on the prairie lands within the railroad rights-of-way.
144.30  Based on that assessment, the commissioner and railroad 
144.31  companies shall jointly develop voluntary best management 
144.32  practices for prairie lands within railroad rights-of-way. 
144.33     Sec. 126.  Minnesota Statutes 1996, section 223.17, 
144.34  subdivision 3, is amended to read: 
144.35     Subd. 3.  [GRAIN BUYERS AND STORAGE FUND; FEES.] The 
144.36  commissioner shall set the fees for inspections under sections 
145.1   223.15 to 223.22 at levels necessary to pay the expenses of 
145.2   administering and enforcing sections 223.15 to 223.22.  These 
145.3   fees may be adjusted pursuant to the provisions of section 
145.4   16A.1285.  
145.5      The fee for any license issued or renewed prior to June 30, 
145.6   1984, is $100.  The fee for any license issued or renewed after 
145.7   June 30, 1984 1997, shall be set according to the following 
145.8   schedule: 
145.9      (a) $100 plus $50 for each additional location for grain 
145.10  buyers whose gross annual purchases are less than 
145.11  $1,500,000 $100,000; 
145.12     (b) $200 plus $50 for each additional location for grain 
145.13  buyers whose gross annual purchases are at least 
145.14  $1,500,000 $100,000, but not more than $3,000,000 $750,000; 
145.15  and 
145.16     (c) $300 plus $50 $100 for each additional location for 
145.17  grain buyers whose gross annual purchases are more than 
145.18  $3,000,000. $750,000 but not more than $1,500,000; 
145.19     (d) $400 plus $100 for each additional location for grain 
145.20  buyers whose gross annual purchases are more than $1,500,000 but 
145.21  not more than $3,000,000; and 
145.22     (e) $500 plus $100 for each additional location for grain 
145.23  buyers whose gross annual purchases are more than $3,000,000.  
145.24     There is created in the state treasury the grain buyers and 
145.25  storage fund.  Money collected pursuant to sections 223.15 to 
145.26  223.19 shall be paid into the state treasury and credited to the 
145.27  grain buyers and storage fund and is appropriated to the 
145.28  commissioner for the administration and enforcement of sections 
145.29  223.15 to 223.22. 
145.30     Sec. 127.  Minnesota Statutes 1996, section 300.11, is 
145.31  amended by adding a subdivision to read: 
145.32     Subd. 5.  [WATER QUALITY UTILITIES.] Notwithstanding any 
145.33  contrary provision in subdivision 1, the term "public utility" 
145.34  also means a person, corporation, cooperative, or other legal 
145.35  entity, their lessees, trustees, and receivers who are 
145.36  operating, maintaining, or controlling equipment or facilities 
146.1   to provide water quality treatment and management services, as 
146.2   defined by section 115.58, subdivision 1, paragraph (e).  
146.3   "Public utility" does not include a municipality that owns or 
146.4   operates equipment or facilities for treating wastewater, 
146.5   furnishing potable water or water for geothermal heating and 
146.6   cooling, managing storm water runoff or drainage, or reducing or 
146.7   eliminating water pollution. 
146.8      Sec. 128.  Minnesota Statutes 1996, section 308A.101, is 
146.9   amended by adding a subdivision to read: 
146.10     Subd. 3.  [WATER QUALITY COOPERATIVE PURPOSE.] A water 
146.11  quality cooperative may only be formed by a cooperative engaged 
146.12  in furnishing potable water or water quality treatment and 
146.13  management services, as defined in section 115.58, subdivision 
146.14  1, paragraph (e), for the purpose of financing or refinancing 
146.15  the construction, improvement, expansion, acquisition, 
146.16  operation, and maintenance of treatment works, sewage systems, 
146.17  storm sewer facilities, water pipelines, and related facilities 
146.18  of its members. 
146.19     Sec. 129.  Minnesota Statutes 1996, section 308A.201, is 
146.20  amended by adding a subdivision to read: 
146.21     Subd. 15.  [WATER QUALITY COOPERATIVE CONDEMNATION 
146.22  POWER.] A water quality cooperative organized in this state may 
146.23  exercise the power of eminent domain in the manner provided by 
146.24  state law for the exercise of the power by corporations engaged 
146.25  in the provision of electric, light, heat, power, or telephone 
146.26  service. 
146.27     Sec. 130.  Minnesota Statutes 1996, section 325E.10, 
146.28  subdivision 2, is amended to read: 
146.29     Subd. 2.  "Motor oil" means petroleum based oil used as a 
146.30  lubricant or hydraulics in a transmission or internal combustion 
146.31  engine motor vehicle as defined in section 168.011, subdivision 
146.32  4. 
146.33     Sec. 131.  Minnesota Statutes 1996, section 325E.10, is 
146.34  amended by adding a subdivision to read: 
146.35     Subd. 2a.  "Motor oil filter" means any filter used in 
146.36  combination with motor oil. 
147.1      Sec. 132.  Minnesota Statutes 1996, section 325E.10, is 
147.2   amended by adding a subdivision to read: 
147.3      Subd. 5.  "Used motor oil filter" means a motor oil filter 
147.4   which through use, storage, or handling has become unsuitable 
147.5   for its original purpose due to the presence of impurities or 
147.6   loss of original properties. 
147.7      Sec. 133.  Minnesota Statutes 1996, section 325E.11, is 
147.8   amended to read: 
147.9      325E.11 [COLLECTION FACILITIES; NOTICE.] 
147.10     (a) Any person selling at retail or offering motor oil or 
147.11  motor oil filters for retail sale in this state shall: 
147.12     (1) post a notice indicating the nearest location where 
147.13  used motor oil and used motor oil filters may be returned at no 
147.14  cost for recycling or reuse, post a toll-free telephone number 
147.15  that may be called by the public to determine a convenient 
147.16  location, or post a listing of locations where used motor oil 
147.17  and used motor oil filters may be returned at no cost for 
147.18  recycling or reuse; or 
147.19     (2) if the person is subject to section 325E.112, post a 
147.20  notice informing customers purchasing motor oil or motor oil 
147.21  filters of the location of the used motor oil and used motor oil 
147.22  filter collection site established by the retailer in accordance 
147.23  with section 325E.112 where used motor oil and used motor oil 
147.24  filters may be returned at no cost. 
147.25     (b) A notice under paragraph (a) shall be posted on or 
147.26  adjacent to the motor oil and motor oil filter displays, be at 
147.27  least 8-1/2 inches by 11 inches in size, contain the universal 
147.28  recycling symbol with the following language: 
147.29     (1) "It is illegal to put used oil and used motor oil 
147.30  filters in the garbage."; 
147.31     (2) "Recycle your used oil and used motor oil filters."; 
147.32  and 
147.33     (3)(i) "There is a free collection site here for your used 
147.34  oil and used motor oil filters."; or 
147.35     (ii) "There is a free collection site for used oil and used 
147.36  motor oil filters located at (name of business and street 
148.1   address)."; 
148.2      (iii) "For the location of a free collection site for used 
148.3   oil and used motor oil filters call (toll-free phone number)."; 
148.4   or 
148.5      (iv) "Here is a list of free collection sites for used oil 
148.6   and used motor oil filters." 
148.7      (c) The division of weights and measures under the 
148.8   department of public service shall enforce compliance with this 
148.9   section as provided in section 239.54.  The pollution control 
148.10  agency shall enforce compliance with this section under sections 
148.11  115.071 and 116.072 in coordination with the division of weights 
148.12  and measures. 
148.13     Sec. 134.  Minnesota Statutes 1996, section 325E.112, 
148.14  subdivision 2, is amended to read: 
148.15     Subd. 2.  [REIMBURSEMENT PROGRAM.] A contaminated used 
148.16  motor oil reimbursement program is established to provide 
148.17  partial reimbursement of the costs of disposing of contaminated 
148.18  used motor oil.  In order to receive reimbursement, persons who 
148.19  accept used motor oil from the public or parties that they have 
148.20  contracted with to accept used motor oil must provide to the 
148.21  commissioner of the pollution control agency proof of 
148.22  contamination, information on methods the person used to prevent 
148.23  the contamination of used motor oil at the site, a copy of the 
148.24  billing for disposal costs incurred because of the contamination 
148.25  and proof of payment, and a copy of the hazardous waste manifest 
148.26  or shipping paper used to transport the waste.  The commissioner 
148.27  shall reimburse a recipient of contaminated used motor oil 90 
148.28  100 percent of the costs of properly disposing of the 
148.29  contaminated used motor oil.  The commissioner may not reimburse 
148.30  persons who intentionally place contaminants or do not take 
148.31  precautions to prevent contaminants from being placed in used 
148.32  motor oil, or operate a private collection site that: 
148.33     (1) is not publicly promotable or listed with the agency; 
148.34     (2) does not accept up to five gallons of used motor oil 
148.35  and five used motor oil filters per person per day without 
148.36  charging a fee; or 
149.1      (3) does not control access to the site during times when 
149.2   the site is closed. 
149.3      A person operating a collection site may refuse to accept 
149.4   any used motor oil or used motor oil filter: 
149.5      (1) that is from a business; 
149.6      (2) that appears to be contaminated with antifreeze, 
149.7   hazardous waste, or other materials that may increase the cost 
149.8   of used motor oil management and disposal; or 
149.9      (3) when the storage equipment for that particular waste is 
149.10  temporarily filled. 
149.11  Persons operating government collection sites are eligible for 
149.12  reimbursement of the costs of disposing of contaminated used 
149.13  motor oil.  Reimbursements made under this subdivision are 
149.14  limited to the money available in the contaminated used motor 
149.15  oil reimbursement account. 
149.16     Sec. 135.  Minnesota Statutes 1996, section 394.25, 
149.17  subdivision 2, is amended to read: 
149.18     Subd. 2.  [DISTRICTS SET BY ZONING ORDINANCES.] Zoning 
149.19  ordinances establishing districts within which the use of land 
149.20  or the use of water or the surface of water pursuant to section 
149.21  86B.205 for agriculture, forestry, recreation, residence, 
149.22  industry, trade, soil conservation, water supply conservation, 
149.23  surface water drainage and removal, conservation of shorelands, 
149.24  as defined in sections 103F.201 to 103F.221, and additional uses 
149.25  of land and of the surface of water pursuant to section 86B.205, 
149.26  may be by official controls encouraged, regulated, or prohibited 
149.27  and for such purpose the board may divide the county into 
149.28  districts of such number, shape, and area as may be deemed best 
149.29  suited to carry out the comprehensive plan.  Official controls 
149.30  may also be applied to wetlands preservation, open space, parks, 
149.31  sewage disposal, protection of groundwater, protection of 
149.32  floodplains as defined in section 103F.111, protection of wild, 
149.33  scenic, or recreational rivers as defined in sections 103F.311 
149.34  and 103F.315, protection of slope, soils, unconsolidated 
149.35  materials or bedrock from potentially damaging development, 
149.36  preservation of forests, woodlands and essential wildlife 
150.1   habitat, reclamation of nonmetallic mining lands; protection and 
150.2   encouragement of access to direct sunlight for solar energy 
150.3   systems as defined in section 216C.06, subdivision 8; and the 
150.4   preservation of agricultural lands.  Official controls may 
150.5   include provisions for purchase of development rights by the 
150.6   board in the form of conservation easements under chapter 84C in 
150.7   areas where preservation is considered by the board to be 
150.8   desirable, and the transfer of development rights from those 
150.9   areas to areas the board considers more desirable for 
150.10  development. 
150.11     Sec. 136.  Minnesota Statutes 1996, section 394.25, is 
150.12  amended by adding a subdivision to read: 
150.13     Subd. 3b.  [FEEDLOT ZONING ORDINANCES.] (a) A county 
150.14  proposing to adopt a new feedlot ordinance or amend an existing 
150.15  feedlot ordinance must notify the pollution control agency and 
150.16  commissioner of agriculture at the beginning of the process. 
150.17     (b) Prior to final approval of a feedlot ordinance, a 
150.18  county board may submit a copy of the proposed ordinance to the 
150.19  pollution control agency and to the commissioner of agriculture 
150.20  and request review, comment, and preparation of a report on the 
150.21  environmental and agricultural effects from specific provisions 
150.22  in the ordinance.  
150.23     (c) The report may include: 
150.24     (1) any recommendations for improvements in the ordinance; 
150.25  and 
150.26     (2) the legal, social, economic, or scientific 
150.27  justification for each recommendation under clause (1). 
150.28     (d) A local ordinance that contains a setback for new 
150.29  feedlots from existing residences must also provide for a new 
150.30  residence setback from existing feedlots located in areas zoned 
150.31  agricultural at the same distances and conditions specified in 
150.32  the setback for new feedlots, unless the new residence is built 
150.33  to replace an existing residence.  A county may grant a variance 
150.34  from this requirement under section 394.27, subdivision 7. 
150.35     Sec. 137.  [394.305] [NOTICE OF RESIDENTIAL DEVELOPMENT ON 
150.36  CERTAIN AGRICULTURAL LAND.] 
151.1      A person who applies for a permit to construct four or more 
151.2   residential units on a site located on land zoned for 
151.3   agricultural use or on agricultural land in a county that does 
151.4   not have a comprehensive land use or zoning plan shall, not 
151.5   later than ten business days after the application is submitted, 
151.6   provide notice to each owner of agricultural real property 
151.7   within 5,000 feet of the perimeter of the residential 
151.8   development.  The notice may be delivered by first class mail, 
151.9   in person, or by publication in a newspaper of general 
151.10  circulation within the affected area and must include 
151.11  information on the number of residential units. 
151.12     Sec. 138.  Minnesota Statutes 1996, section 462.357, 
151.13  subdivision 1, is amended to read: 
151.14     Subdivision 1.  [AUTHORITY FOR ZONING.] For the purpose of 
151.15  promoting the public health, safety, morals, and general 
151.16  welfare, a municipality may by ordinance regulate on the earth's 
151.17  surface, in the air space above the surface, and in subsurface 
151.18  areas, the location, height, width, bulk, type of foundation, 
151.19  number of stories, size of buildings and other structures, the 
151.20  percentage of lot which may be occupied, the size of yards and 
151.21  other open spaces, the density and distribution of population, 
151.22  the uses of buildings and structures for trade, industry, 
151.23  residence, recreation, public activities, or other purposes, and 
151.24  the uses of land for trade, industry, residence, recreation, 
151.25  agriculture, forestry, soil conservation, water supply 
151.26  conservation, conservation of shorelands, as defined in sections 
151.27  103F.201 to 103F.221, access to direct sunlight for solar energy 
151.28  systems as defined in section 216C.06, flood control or other 
151.29  purposes, and may establish standards and procedures regulating 
151.30  such uses.  To accomplish these purposes, official controls may 
151.31  include provision for purchase of development rights by the 
151.32  governing body in the form of conservation easements under 
151.33  chapter 84C in areas where the governing body considers 
151.34  preservation desirable and the transfer of development rights 
151.35  from those areas to areas the governing body considers more 
151.36  appropriate for development.  No regulation may prohibit earth 
152.1   sheltered construction as defined in section 216C.06, 
152.2   subdivision 2, relocated residential buildings, or manufactured 
152.3   homes built in conformance with sections 327.31 to 327.35 that 
152.4   comply with all other zoning ordinances promulgated pursuant to 
152.5   this section.  The regulations may divide the surface, above 
152.6   surface, and subsurface areas of the municipality into districts 
152.7   or zones of suitable numbers, shape, and area.  The regulations 
152.8   shall be uniform for each class or kind of buildings, 
152.9   structures, or land and for each class or kind of use throughout 
152.10  such district, but the regulations in one district may differ 
152.11  from those in other districts.  The ordinance embodying these 
152.12  regulations shall be known as the zoning ordinance and shall 
152.13  consist of text and maps.  A city may by ordinance extend the 
152.14  application of its zoning regulations to unincorporated 
152.15  territory located within two miles of its limits in any 
152.16  direction, but not in a county or town which has adopted zoning 
152.17  regulations; provided that where two or more noncontiguous 
152.18  municipalities have boundaries less than four miles apart, each 
152.19  is authorized to control the zoning of land on its side of a 
152.20  line equidistant between the two noncontiguous municipalities 
152.21  unless a town or county in the affected area has adopted zoning 
152.22  regulations.  Any city may thereafter enforce such regulations 
152.23  in the area to the same extent as if such property were situated 
152.24  within its corporate limits, until the county or town board 
152.25  adopts a comprehensive zoning regulation which includes the area.
152.26     Sec. 139.  Laws 1995, chapter 220, section 19, subdivision 
152.27  4, as amended by Laws 1996, chapter 407, section 50, is amended 
152.28  to read: 
152.29  Subd. 4.  Parks and Trails 
152.30  (a) METROPOLITAN REGIONAL 
152.31  PARK SYSTEM                            3,950,000
152.32  This appropriation is from the trust 
152.33  fund for payment by the commissioner of 
152.34  natural resources to the metropolitan 
152.35  council for subgrants to rehabilitate, 
152.36  develop, acquire, and retrofit the 
152.37  metropolitan regional park system 
152.38  consistent with the metropolitan 
152.39  council regional recreation open space 
152.40  capital improvement program and 
152.41  subgrants for regional trails, 
153.1   consistent with an updated regional 
153.2   trail plan.  $1,666,000 of this 
153.3   appropriation is from the trust fund 
153.4   acceleration. 
153.5   This appropriation may be used for the 
153.6   purchase of homes only if the purchases 
153.7   are expressly included in the work 
153.8   program approved by the legislative 
153.9   commission on Minnesota resources. 
153.10  This project must be completed and 
153.11  final products delivered by December 
153.12  31, 1997, and the appropriation is 
153.13  available until that date. 
153.14  (b) STATE PARK AND RECREATION AREA 
153.15  ACQUISITION, DEVELOPMENT, BETTERMENT, 
153.16  AND REHABILITATION                     3,150,000
153.17  This appropriation is from the trust 
153.18  fund to the commissioner of natural 
153.19  resources as follows:  (1) for state 
153.20  park and recreation area acquisition 
153.21  $1,070,000, of which up to $670,000 may 
153.22  be used for state trail acquisition of 
153.23  a critical nature; (2) for state park 
153.24  and recreation area development 
153.25  $680,000; and (3) for betterment and 
153.26  rehabilitation of state parks and 
153.27  recreation areas $1,400,000.  The use 
153.28  of the Minnesota conservation corps is 
153.29  encouraged in the rehabilitation and 
153.30  development. 
153.31  $1,384,000 of this appropriation is 
153.32  from the trust fund acceleration.  The 
153.33  commissioner must submit grant requests 
153.34  for supplemental funding for federal 
153.35  ISTEA money in eligible categories and 
153.36  report the results to the legislative 
153.37  commission on Minnesota resources. 
153.38  This project must be completed and 
153.39  final products delivered by December 
153.40  31, 1997, and the appropriation is 
153.41  available until that date. 
153.42  (c) STATE TRAIL REHABILITATION 
153.43  AND ACQUISITION                          250,000
153.44  This appropriation is from the trust 
153.45  fund to the commissioner of natural 
153.46  resources for state trail plan 
153.47  priorities.  $94,000 of this 
153.48  appropriation is from the trust fund 
153.49  acceleration.  The commissioner must 
153.50  submit grant requests for supplemental 
153.51  funding for federal ISTEA money and 
153.52  report the results to the legislative 
153.53  commission on Minnesota resources. 
153.54  This project must be completed and 
153.55  final products delivered by December 
153.56  31, 1997, and the appropriation is 
153.57  available until that date. 
153.58  (d) WATER ACCESS                         600,000
153.59  This appropriation is from the trust 
153.60  fund to the commissioner of natural 
154.1   resources to accelerate public water 
154.2   access acquisition and development 
154.3   statewide.  Access includes boating 
154.4   access, fishing piers, and shoreline 
154.5   access.  Up to $100,000 of this 
154.6   appropriation may be used for a 
154.7   cooperative project to acquire and 
154.8   develop land, local park facilities, an 
154.9   access trail, and a boat access at the 
154.10  LaRue pit otherwise consistent with the 
154.11  water access program. 
154.12  This project must be completed and 
154.13  final products delivered by December 
154.14  31, 1997, and the appropriation is 
154.15  available until that date. 
154.16  (e) LOCAL GRANTS                       1,800,000
154.17  This appropriation is from the future 
154.18  resources fund to the commissioner of 
154.19  natural resources to provide matching 
154.20  grants, as follows:  (1) $500,000 to 
154.21  local units of government for local 
154.22  park and recreation areas; (2) $500,000 
154.23  to local units of government for 
154.24  natural and scenic areas pursuant to 
154.25  Minnesota Statutes, section 85.019; (3) 
154.26  $400,000 to local units of government 
154.27  for trail linkages between communities, 
154.28  trails, and parks; and (4) $400,000 for 
154.29  a conservation partners program, a 
154.30  statewide pilot to encourage private 
154.31  organizations and local governments to 
154.32  cost share enhancement of fish, 
154.33  wildlife, and native plant habitats; 
154.34  and research and surveys of fish and 
154.35  wildlife, and related education 
154.36  activities.  Conservation partners 
154.37  grants may be up to $10,000 each and 
154.38  must be equally matched.  In addition 
154.39  to the required work program, grants 
154.40  may not be approved until grant 
154.41  proposals to be funded have been 
154.42  submitted to the legislative commission 
154.43  on Minnesota resources and the 
154.44  commission has either made a 
154.45  recommendation or allowed 60 days to 
154.46  pass without making a recommendation.  
154.47  The above appropriations are available 
154.48  half for the metropolitan area as 
154.49  defined in Minnesota Statutes, section 
154.50  473.121, subdivision 2, and half for 
154.51  outside of the metropolitan area.  For 
154.52  the purpose of this paragraph, match 
154.53  includes nonstate contributions either 
154.54  cash or in-kind. 
154.55  This project must be completed and 
154.56  final products delivered by December 
154.57  31, 1997, and the appropriation is 
154.58  available until that date. 
154.59  (f) MINNEAPOLIS PARK AND 
154.60  TRAIL CONNECTIONS                        141,000
154.61  This appropriation is from the future 
154.62  resources fund to the commissioner of 
154.63  transportation for half of the 
154.64  nonfederal match of ISTEA projects for 
154.65  the Minneapolis park and recreation 
155.1   board to develop park and trail 
155.2   connections including:  Minnehaha park 
155.3   to Mendota bridge, Stone Arch bridge to 
155.4   bridge number 9 on West River Parkway, 
155.5   Boom island to St. Anthony Parkway, and 
155.6   West River Parkway to Shingle Creek 
155.7   Parkway.  The Minneapolis park and 
155.8   recreation board must apply for and 
155.9   receive approval of the federal money 
155.10  in order to receive this appropriation. 
155.11  This project must be completed and 
155.12  final products delivered by December 
155.13  31, 1997, and the appropriation is 
155.14  available until that date. 
155.15  (g) LOCAL SHARE FOR ISTEA 
155.16  FEDERAL PROJECTS                         300,000
155.17  This appropriation is from oil 
155.18  overcharge money to the commissioner of 
155.19  administration for half of the 
155.20  nonfederal match of ISTEA projects 
155.21  for:  (1) Chisago county, $150,000 for 
155.22  a trail between North Branch and Forest 
155.23  Lake township; and (2) the St. Louis 
155.24  and Lake counties regional rail 
155.25  authority, $150,000 for the development 
155.26  of approximately 40 miles of a 
155.27  multipurpose recreational trail 
155.28  system.  Chisago county and the St. 
155.29  Louis and Lake counties regional rail 
155.30  authority must apply for and receive 
155.31  approval of the federal money in order 
155.32  to receive these appropriations. 
155.33  The project under clause (1) must be 
155.34  completed and final products delivered 
155.35  by December 31, 1997, and the 
155.36  appropriation is available until that 
155.37  date.  The project under clause (2) 
155.38  must be completed and final products 
155.39  delivered by December 31, 1999, and the 
155.40  appropriation is available until that 
155.41  date. 
155.42  (h) PINE POINT PARK REST STATION         100,000
155.43  This appropriation is from the future 
155.44  resources fund to the commissioner of 
155.45  natural resources for an agreement with 
155.46  Washington county to construct a rest 
155.47  station on the Gateway segment of the 
155.48  Willard Munger state trail in 
155.49  compliance with the Americans with 
155.50  Disabilities Act.  This appropriation 
155.51  must be matched by at least $30,000 of 
155.52  nonstate money. 
155.53  (i) INTERACTIVE MULTIMEDIA COMPUTER 
155.54  INFORMATION SYSTEM                        45,000
155.55  This appropriation is from the future 
155.56  resources fund to the commissioner of 
155.57  trade and economic development, office 
155.58  of tourism, for an agreement with 
155.59  Explore Lake County, Inc. to develop a 
155.60  pilot multimedia interactive computer 
155.61  information system at the R. J. Houle 
155.62  visitor information center. 
156.1   (j) UPPER SIOUX AGENCY STATE PARK        200,000
156.2   This appropriation to the commissioner 
156.3   of natural resources is from the future 
156.4   resources fund for bathroom and shower 
156.5   facilities at Upper Sioux Agency State 
156.6   Park. 
156.7   (k) GRAIN BELT MISSISSIPPI 
156.8   RIVERFRONT DEVELOPMENT                   500,000
156.9   This appropriation is from the future 
156.10  resources fund to the commissioner of 
156.11  natural resources for a contract with 
156.12  the metropolitan council for a subgrant 
156.13  to the Minneapolis park and recreation 
156.14  board, which shall cooperate with the 
156.15  Minneapolis community development 
156.16  agency to create riverfront 
156.17  recreational park and marina facilities 
156.18  through acquisition and development of 
156.19  Mississippi riverfront property.  This 
156.20  appropriation is contingent on this 
156.21  facility being designated part of the 
156.22  metropolitan regional park and open 
156.23  space system.  
156.24  (l) WILDCAT REGIONAL PARK                 40,000
156.25  This appropriation is from the future 
156.26  resources fund to the commissioner of 
156.27  natural resources for an agreement with 
156.28  Houston county to construct an 
156.29  off-channel boat ramp on the 
156.30  Mississippi River, and wingwalls to 
156.31  protect the ramp and existing swimming 
156.32  beach, and facilities for users of the 
156.33  ramp. 
156.34     Sec. 140.  Laws 1995, chapter 220, section 19, subdivision 
156.35  11, is amended to read: 
156.36  Subd. 11.  Energy 
156.37  (a) INTER-CITY ELECTRIC VEHICLE 
156.38  TRANSPORTATION DEMONSTRATION             150,000 
156.39  This appropriation is from the oil 
156.40  overcharge money to the commissioner of 
156.41  administration for an agreement with 
156.42  Minnesota Power and Light Company to 
156.43  develop and evaluate an electric 
156.44  vehicle infrastructure with charging 
156.45  stations for use between Duluth and St. 
156.46  Paul, including installation of a 
156.47  charging station at the state of 
156.48  Minnesota central motor pool location.  
156.49  This appropriation must be matched by 
156.50  at least $30,000 of nonstate money.  
156.51  (b) SUSTAINABLE DEVELOPMENT OF WIND 
156.52  ENERGY ON FAMILY FARMS                   200,000 
156.53  This appropriation is from the oil 
156.54  overcharge money to the commissioner of 
156.55  administration for an agreement with 
156.56  the sustainable resources center to 
156.57  provide technical assistance and 
156.58  technology transfer for the development 
156.59  of wind energy harvesting. 
157.1   (c) (b) ONE-MEGAWATT HYBRID ELECTRICAL 
157.2   GENERATION SIMULATION PROJECT             50,000 
157.3   This appropriation is from the oil 
157.4   overcharge money to the commissioner of 
157.5   administration for an agreement with 
157.6   Dan Mar & Associates in cooperation 
157.7   with the agriculture utilization 
157.8   research institute for a simulation 
157.9   project using biofuel electrical 
157.10  generation to firm up wind power to 
157.11  provide electrical energy on demand. 
157.12  (d) (c) AVIAN POPULATION ANALYSIS FOR WIND 
157.13  POWER GENERATION REGIONS                  75,000 
157.14  This appropriation is from the oil 
157.15  overcharge money to the commissioner of 
157.16  administration for an agreement with 
157.17  American Wind Energy Association to 
157.18  identify and assess significant avian 
157.19  activity areas within identified wind 
157.20  farm corridors in Minnesota.  This 
157.21  appropriation must be matched by at 
157.22  least $75,000 of nonstate money.  This 
157.23  project must be completed and final 
157.24  products delivered by December 31, 
157.25  1997, and the appropriation is 
157.26  available until that date. 
157.27  (e) (d) ENERGY IMPROVEMENTS IN PUBLIC 
157.28  ICE ARENAS                               470,000 
157.29  This appropriation is from the oil 
157.30  overcharge money to the commissioner of 
157.31  administration for an agreement with 
157.32  the Center for Energy and Environment 
157.33  to assess, install, and evaluate energy 
157.34  and indoor air quality improvements in 
157.35  at least 25 publicly owned ice arenas 
157.36  located throughout Minnesota.  Projects 
157.37  receiving funding from this 
157.38  appropriation must be in compliance 
157.39  with the indoor ice facilities prime 
157.40  ice time and gender preference 
157.41  requirements in Minnesota Statutes, 
157.42  section 15.98.  This appropriation is 
157.43  for up to 50 percent of the cost of 
157.44  retrofit activities. 
157.45     Sec. 141.  Laws 1996, chapter 351, section 2, is amended to 
157.46  read: 
157.47     Sec. 2.  [PLAN RECYCLING GOALS AND ACTIONS.] 
157.48     (a) By September 1, 1996, an industry group representing 
157.49  retailers and manufacturers in Minnesota that sell motor oil and 
157.50  motor oil filters shall submit a list to the commissioner of the 
157.51  pollution control agency of all existing current sites that 
157.52  collect used motor oil, used motor oil filters, or both, from 
157.53  the public, delineating which sites collect for free, that can 
157.54  be publicly promoted. 
157.55     (b) By September 1, 1996, an industry group representing 
158.1   retailers and manufacturers that sell motor oil and motor oil 
158.2   filters shall submit to the commissioner of the pollution 
158.3   control agency a plan for a collection and recycling system for 
158.4   used motor oil and used motor oil filters generated by the 
158.5   public under which: 
158.6      (1) at least 90 percent of state residents outside the 
158.7   seven-county metropolitan area would have access to a free 
158.8   collection site for used motor oil and used motor oil filters 
158.9   within 25 miles of their residences; 
158.10     (2) at least 90 percent of state residents within the 
158.11  seven-county metropolitan area and state residents of cities 
158.12  with populations of greater than 2,000 residents would have 
158.13  access to a free collection site for used motor oil and used 
158.14  motor oil filters within five miles of their residences; and 
158.15     (3) at least one free collection site for used motor oil 
158.16  and used motor oil filters generated by the public would be 
158.17  located in each county. 
158.18     (c) The plan required in paragraph (b) must include: 
158.19     (1) an explanation of the proposed system for collecting 
158.20  and recycling used motor oil and used motor oil filters; 
158.21     (2) a clear assignment of responsibility and accountability 
158.22  for implementation; 
158.23     (3) a strategy for educating the parties responsible for 
158.24  implementing the plan; 
158.25     (4) a strategy for educating the public on how to recycle 
158.26  used motor oil and used motor oil filters; 
158.27     (5) a description of government's role, if any; and 
158.28     (6) recommendations for legislation, if necessary. 
158.29     (d) The plan must be implemented by June 1, 1997, and the 
158.30  requirements in paragraph (b), clauses (1) to (3), must be met 
158.31  by December 31, 1997.  The industry group must also submit a 
158.32  list of sites that collect used motor oil and used motor oil 
158.33  filters from the public, specifying those sites that collect 
158.34  used motor oil and used motor filters for free, to the pollution 
158.35  control agency by December 31, 1997.  The agency must be 
158.36  informed by the industry group when sites begin and cease to 
159.1   collect, or charge for the collection of, used motor oil and 
159.2   used motor oil filters from the public, in order to allow the 
159.3   agency to provide the public with accurate information regarding 
159.4   collection sites. 
159.5      (e) The industry group and the agency shall monitor the 
159.6   effects of the collection system set forth in the plan required 
159.7   in paragraph (b) to determine whether the requirements in 
159.8   clauses (1) to (3) of that paragraph have been met.  By November 
159.9   1, 1998, the industry group shall submit information to the 
159.10  agency on the amount of used oil and the number of used oil 
159.11  filters collected.  
159.12     Subdivision 1.  (a) The following recycling or reuse goals 
159.13  shall be considered met if the actions in this subdivision are 
159.14  initiated by the identified parties on or before September 1, 
159.15  1997, and are fully completed by December 31, 1998.  
159.16  Additionally, the goals in paragraph (b) must be met in at least 
159.17  50 percent of counties by December 31, 1997; 75 percent by June 
159.18  1, 1998; and 100 percent by December 31, 1998. 
159.19     (b) Motor oil and motor oil filter manufacturers and 
159.20  retailers shall ensure that: 
159.21     (1) at least 90 percent of residents within the 
159.22  seven-county metropolitan area and residents of a city or town 
159.23  with a population greater than 1,500 have access to a free 
159.24  nongovernment collection site for used motor oil and used motor 
159.25  oil filters within five miles of their residences; and 
159.26     (2) at least one free nongovernment collection site for 
159.27  used motor oil and used motor oil filters generated by the 
159.28  public would be located in each county. 
159.29     (c) Motor oil and motor oil filter manufacturers and 
159.30  retailers shall inform the public about environmental problems 
159.31  associated with improper disposal of used motor oil and used 
159.32  motor oil filters and proper disposal practices for used motor 
159.33  oil and used motor oil filters.  At a minimum, this shall 
159.34  include public service announcements designed to reach residents 
159.35  of the state that generate used motor oil and used motor oil 
159.36  filters. 
160.1      (d) The commissioner of the pollution control agency shall, 
160.2   by December 31, 1997, and at least annually thereafter or more 
160.3   frequently if deemed necessary, request motor oil and motor oil 
160.4   filter manufacturers and retailers, persons who haul used motor 
160.5   oil and used motor oil filters, and nongovernment persons who 
160.6   accept used motor oil and used motor oil filters from the public 
160.7   to provide an updated list of all existing sites that collect 
160.8   used motor oil, used motor oil filters, or both, from the 
160.9   public, delineating for public promotion which sites collect for 
160.10  free.  The commissioner shall use this information to determine 
160.11  whether the parties identified in paragraph (b) have met the 
160.12  goals listed in that paragraph.  A collection site operated by 
160.13  the state or a political subdivision, as defined in Minnesota 
160.14  Statutes, section 115A.03, subdivision 24, may be counted 
160.15  towards meeting recycling goals, provided that the parties 
160.16  responsible for meeting the goals of this subdivision 
160.17  voluntarily reimburse the state or political subdivision for all 
160.18  of the costs at that collection site that are associated with 
160.19  used motor oil and used motor oil filter recycling.  Persons who 
160.20  accept used motor oil and used motor oil filters from the public 
160.21  shall cooperate with manufacturers and retailers of motor oil 
160.22  and motor oil filters to inform the agency within ten days of 
160.23  initiating or ceasing to collect used motor oil or used motor 
160.24  oil filters from the public.  The information shall be provided 
160.25  in a form and manner prescribed by the commissioner. 
160.26     (e) Motor oil filter manufacturers shall disclose to 
160.27  retailers whether lead has been intentionally introduced in 
160.28  manufacturing, and retailers shall not knowingly sell motor oil 
160.29  filters containing lead intentionally introduced in 
160.30  manufacturing. 
160.31     Subd. 2.  The commissioner of the pollution control agency 
160.32  may appoint an advisory group of diverse interests to assist the 
160.33  agency with experimentation with various approaches to public 
160.34  education, financial incentives, waste management, and other 
160.35  issues that might affect the effectiveness of recycling 
160.36  efforts.  The commissioner may request parties responsible for 
161.1   meeting the recycling goals in subdivision 1 to voluntarily pay 
161.2   for some of the experimentation costs.  The existence of this 
161.3   advisory group in no way relieves the parties identified in 
161.4   subdivision 1 of responsibility for meeting the goals listed in 
161.5   that subdivision.  The commissioner of the pollution control 
161.6   agency shall appoint an advisory group chair. 
161.7      (f) Subd. 3.  By January 15, 1999, the commissioner of the 
161.8   pollution control agency shall report to the environment and 
161.9   natural resources committees of the senate and the house of 
161.10  representatives on the amount of used motor oil and used motor 
161.11  oil filters being recycled and whether the requirements goals in 
161.12  paragraph (b), clauses (1) to (3), subdivision 1 have been met 
161.13  and recommend whether the mandate for retailers of motor oil and 
161.14  filters described in Minnesota Statutes, section 325E.112, 
161.15  subdivision 1, is needed to achieve the recycling goals. 
161.16     Sec. 142.  Laws 1996, chapter 463, section 7, subdivision 
161.17  24, is amended to read: 
161.18  Subd. 24.  McQuade Public Access                        500,000
161.19  For acquisition and development of a 
161.20  public access on Lake Superior in the 
161.21  city of Duluth, the town of Duluth, and 
161.22  the town of Lakewood.  This 
161.23  appropriation must be matched by a 
161.24  total of $350,000 from the iron range 
161.25  resources and rehabilitation board 
161.26  and $200,000 of this appropriation is 
161.27  available without match and the 
161.28  remaining $300,000 is available to the 
161.29  extent matched by nonstate sources and 
161.30  is contingent on sufficient land owned 
161.31  by the cities and the town, the value 
161.32  of which may not be applied as part of 
161.33  the required match, being made 
161.34  available to complete the project. 
161.35     Sec. 143.  [AGRICULTURAL IMPROVEMENTS; WIND ENERGY 
161.36  CONVERSION FACILITY PILOT PROGRAM.] 
161.37     Subdivision 1.  [LOANS AUTHORIZED.] The Minnesota rural 
161.38  finance authority shall establish a pilot program to participate 
161.39  in loans to an eligible borrower through the agricultural 
161.40  improvement loan program under Minnesota Statutes, section 
161.41  41B.043, for wind energy conversion facilities.  Except as 
161.42  specifically provided in subdivision 2, all loans made under 
161.43  this section must comply with Minnesota Statutes, chapter 41B. 
162.1      Subd. 2.  [LOAN PARTICIPATION; REPAYMENT; LIFETIME LIMIT 
162.2   EXCLUSION.] Participation by the authority under this section is 
162.3   limited to a total of $3,000,000.  The authority is limited on a 
162.4   particular loan to 45 percent of the principal amount or 
162.5   $500,000, whichever is less.  A loan must have a term of no more 
162.6   than 20 years.  Loans under this section must not be included in 
162.7   the lifetime limitation calculated under Minnesota Statutes, 
162.8   section 41B.03, subdivision 1.  A loan origination fee of up to 
162.9   one-half percent may be charged by the authority. 
162.10     Subd. 3.  [REPORT.] By January 15, 1999, the rural finance 
162.11  authority must report to the senate committee on agriculture and 
162.12  rural development, the senate environment and agriculture budget 
162.13  division, the house committee on agriculture, and the house 
162.14  committee on environmental finance on the status of loans made 
162.15  under this pilot program.  The report must include 
162.16  recommendations on whether to make permanent changes to the 
162.17  agricultural improvement loan program that allow for increased 
162.18  participation by the state in wind energy conversion facility 
162.19  loans. 
162.20     Sec. 144.  [DEER WINTER SURVIVAL WORK GROUP.] 
162.21     The section of wildlife of the department of natural 
162.22  resources, representatives of the Minnesota Deer Hunters 
162.23  Association, and representatives of other groups or individuals 
162.24  interested in deer hunting and deer management in this state 
162.25  shall meet as a work group to develop recommendations on deer 
162.26  feeding and other deer management options to provide for 
162.27  management of deer and deer winter survival in this state. 
162.28     The work group shall develop a plan for deer management in 
162.29  winter that provides recommendations on deer management and 
162.30  feeding needs.  The work group shall examine and make reports on 
162.31  the following: 
162.32     (1) when and where deer feeding may be appropriate; 
162.33     (2) appropriate funding mechanisms, criteria, and delivery 
162.34  systems when feeding is determined to be appropriate; 
162.35     (3) other winter-related deer management needs and 
162.36  practices, such as food plots, wintering area identification and 
163.1   protection, deer yard improvement, browse regeneration, 
163.2   openings, and other deer foraging areas; and 
163.3      (4) needs for improving understanding of deer wintering 
163.4   requirements and management practices.  The work group shall 
163.5   recommend any statutory changes or funding necessary to 
163.6   accomplish those needs. 
163.7      The work group shall operate on a consensus basis and shall 
163.8   report its recommendations back to the house and senate 
163.9   environment and natural resources committees, the house 
163.10  environment and natural resources finance committee, and the 
163.11  senate environment and agriculture budget division by January 
163.12  15, 1998. 
163.13     Sec. 145.  [ELECTRONIC LICENSING; RETRAINING OF AFFECTED 
163.14  STATE EMPLOYEES.] 
163.15     (a) If any employees of the department of natural resources 
163.16  are affected by the implementation of Minnesota Statutes, 
163.17  section 84.027, subdivision 15, the commissioner shall meet and 
163.18  negotiate with the exclusive representatives of the affected 
163.19  employees.  Bargaining under this section must have as its 
163.20  purpose the achievement of the highest possible degree of public 
163.21  service delivery to the citizens of Minnesota and the provision 
163.22  of appropriate incentives to any affected state employees.  
163.23  Incentives may include, but are not limited to, early retirement 
163.24  incentives, negotiated options in place of layoffs, job training 
163.25  and retraining opportunities, and enhanced severance. 
163.26     (b) The commissioner and the representatives of any 
163.27  employees affected by the implementation of Minnesota Statutes, 
163.28  section 84.027, subdivision 15, shall determine the employee 
163.29  training and retraining required for any employees affected by 
163.30  Minnesota Statutes, section 84.027, subdivision 15.  Employees 
163.31  whose job duties are affected by Minnesota Statutes, section 
163.32  84.027, subdivision 15, must be given the opportunity to take 
163.33  part in training or retraining for new job duties.  Employees 
163.34  affected by Minnesota Statutes, section 84.027, subdivision 15, 
163.35  must be trained or retrained for agency positions before new 
163.36  hiring takes place. 
164.1      Sec. 146.  [SALE OF STATE FOREST LAND.] 
164.2      (a) Notwithstanding Minnesota Statutes, section 89.01, 
164.3   subdivision 5, the commissioner of natural resources may sell 
164.4   school trust and acquired state land in the Richard J. Dorer 
164.5   Memorial Hardwood State Forest described in this section in the 
164.6   manner for sale of trust fund and acquired lands under Minnesota 
164.7   Statutes, chapter 92 or 94. 
164.8      (b) The land that may be sold is described as follows: 
164.9      (1) Township 110 North, Range 12 West, Section 28, the 
164.10  Southeast Quarter of the Southwest Quarter containing 40 acres 
164.11  more or less and the Southwest Quarter of the Southeast Quarter 
164.12  containing 40 acres more or less, in Wabasha County; 
164.13     (2) Township 107 North, Range 8 West, Section 16, the 
164.14  Northeast Quarter of the Southeast Quarter containing 40 acres 
164.15  more or less, the Southwest Quarter of the Southeast Quarter 
164.16  containing 40 acres more or less, in Winona County; 
164.17     (3) Township 106 North, Range 5 West, Section 30, the 
164.18  Southeast Quarter of the Southeast Quarter containing 40 acres 
164.19  more or less, in Winona County; 
164.20     (4) Township 106 North, Range 6 West, Section 36, the 
164.21  Northeast Quarter of the Southeast Quarter containing 40 acres 
164.22  more or less, in Winona County; and 
164.23     (5) Township 104 North, Range 6 West, Section 6, the 
164.24  Southwest Quarter of the Northwest Quarter containing 38.28 
164.25  acres more or less, in Houston County. 
164.26     Sec. 147.  [SALE OF TRUST FUND LAND IN HUBBARD COUNTY.] 
164.27     (a) Notwithstanding Minnesota Statutes, section 92.45, the 
164.28  commissioner of natural resources may sell the state trust fund 
164.29  land bordering on public waters described in paragraph (c) in 
164.30  accordance with the procedures in Minnesota Statutes, chapter 92.
164.31     (b) The conveyance shall be in a form approved by the 
164.32  attorney general. 
164.33     (c) The land that may be sold is located in Hubbard County 
164.34  and is described as:  that part of the Southeast Quarter of the 
164.35  Southeast Quarter of Section 8, Township 144 North, Range 32 
164.36  West, Hubbard County, Minnesota, lying easterly of the Necktie 
165.1   River and northerly of the centerline of county state-aid 
165.2   highway No. 16, containing up to 5 acres, more or less. 
165.3      (d) The sale will result in the elimination of a trespass 
165.4   situation with the adjacent landowner who built a house on the 
165.5   property in 1989. 
165.6      Sec. 148.  [SALE OF STATE LAND IN OTTER TAIL COUNTY.] 
165.7      (a) Notwithstanding the public sale requirements of 
165.8   Minnesota Statutes, sections 94.09 and 94.10, the commissioner 
165.9   of natural resources may sell by private sale, for a 
165.10  consideration not less than its appraised value, the land 
165.11  described in paragraph (c), under the remaining provisions of 
165.12  Minnesota Statutes, chapter 94. 
165.13     (b) The conveyance shall be in a form approved by the 
165.14  attorney general. 
165.15     (c) The land that may be sold is located in Otter Tail 
165.16  County and is described as:  all that part of the Southwest 
165.17  Quarter of the Southeast Quarter of Section 22, Township 137, 
165.18  Range 42, Otter Tail County, Minnesota described as follows:  
165.19  beginning at the South Quarter corner of said Section 22; thence 
165.20  on an assumed bearing of North 0 degrees 31 minutes 36 seconds 
165.21  East along the west line of said Southwest Quarter of the 
165.22  Southeast Quarter, a distance of 442.58 feet; thence South 19 
165.23  degrees 29 minutes 47 seconds East a distance of 108.74 feet; 
165.24  thence southeasterly on a tangential curve, concave to the 
165.25  northeast, having a radius of 498.22 feet and a central angle of 
165.26  69 degrees 43 minutes 29 seconds, for an arc distance of 606.30 
165.27  feet to the easterly line of a tract of land described in Book 
165.28  392 of Deeds, page 509, Office of the Otter Tail County 
165.29  Recorder; thence South 10 degrees 03 minutes 49 seconds West 
165.30  along said easterly line, a distance of 14.18 feet to the 
165.31  southeast corner of said tract of land described in Book 392 of 
165.32  Deeds, page 509; thence North 89 degrees 20 minutes 11 seconds 
165.33  West along the south line of said Section 22, a distance of 
165.34  500.80 feet to the point of beginning, containing 1.44 acres 
165.35  more or less, subject to easements and reservations of public 
165.36  record, if any.  The grantor, for itself, its successors and 
166.1   assigns, reserves an easement for use and maintenance of the 
166.2   existing ditch over and across the above described parcel, being 
166.3   a strip of land 33 feet in width lying 16.5 feet on each side of 
166.4   the centerline of the existing ditch running in a southwesterly 
166.5   direction from the township road to the west line of said 
166.6   Southwest Quarter of the Southeast Quarter. 
166.7      (d) The commissioner has determined that the land is no 
166.8   longer useful for any natural resource purpose, or any other 
166.9   public purpose, and intends to sell this unneeded land to the 
166.10  adjoining landowner to resolve an inadvertent trespass. 
166.11     Sec. 149.  [SALE OF STATE LAND IN CROW WING COUNTY.] 
166.12     (a) Notwithstanding Minnesota Statutes, section 92.45, the 
166.13  commissioner of natural resources may sell acquired state land 
166.14  bordering public waters described in this section in accordance 
166.15  with Minnesota Statutes, section 85.015, subdivision 1, 
166.16  paragraph (b), and chapter 94. 
166.17     (b) The land that may be sold is located in Crow Wing 
166.18  County and is described as follows: 
166.19     (1) Lot 3, Block 5, Plat of Paul Bunyan Trail, Nisswa 
166.20  Addition; and 
166.21     (2) Lot 5, Block 5, Plat of Paul Bunyan Trail, Nisswa 
166.22  Addition. 
166.23     Sec. 150.  [SALE OF SURPLUS LAND FOR RECREATIONAL PURPOSES 
166.24  IN PINE COUNTY.] 
166.25     (a) Notwithstanding Minnesota Statutes, section 92.45, the 
166.26  commissioner of natural resources may sell the land described in 
166.27  paragraph (b) to the city of Willow River in the manner 
166.28  prescribed by Minnesota Statutes, section 84.027, subdivision 
166.29  10.  The conveyance must provide that the land revert to the 
166.30  state of Minnesota should the land cease to be retained and 
166.31  developed as Stanton Lake Park for public use. 
166.32     (b) The land that may be sold is located in Pine county and 
166.33  described as: 
166.34     All that part of the following described tract:  that part 
166.35  of the Northeast Quarter of the Southwest Quarter of Section 2, 
166.36  Township 44 North, Range 20 West, of the Fourth Principal 
167.1   Meridian, situated in Pine County, described as follows:  
167.2   beginning at a point on the east and west one quarter line of 
167.3   Section 2 at the intersection with the easterly right-of-way 
167.4   line of U.S. Highway No. 61; thence in a southerly direction 
167.5   along said easterly right-of-way line of U.S. Highway No. 61 a 
167.6   distance of 695 feet; thence in a northeasterly direction at an 
167.7   angle of 60 degrees with the U.S. Highway No. 61 right-of-way 
167.8   line for a distance of 410 feet to a point on the lake bank; 
167.9   thence in a northeasterly direction at an angle of 153 degrees 
167.10  35 minutes with the preceding line to the intersection with the 
167.11  east and west one quarter line of Section 2, thence in a 
167.12  westerly direction along said east and west one quarter line of 
167.13  Section 2 to point of beginning, containing 5.81 acres, more or 
167.14  less.  
167.15     (c) This property was purchased for development of the 
167.16  Stanton Lake dam.  The state, its agents, and servants shall 
167.17  retain ownership of the dam and retain perpetual access to the 
167.18  dam via the existing road for the purposes of inspection, 
167.19  maintenance, repair, or reconstruction.  The state shall not be 
167.20  held liable to make any immediate repairs on the dam.  Such work 
167.21  shall be based on availability of dam maintenance funds.  The 
167.22  land in this section is not needed for resource management and 
167.23  has been declared surplus.  It best serves the public interest 
167.24  if this property is sold and proceeds used for acquisition of 
167.25  other land. 
167.26     Sec. 151.  [HORSESHOE BAY LEASES.] 
167.27     Subdivision 1.  [DEFINITIONS.] (a) "Lessee" means a lessee 
167.28  of lands leased under Minnesota Statutes, section 92.46, that 
167.29  are located in Section 16, Township 62 North, Range 4 East, Cook 
167.30  County, of record with the commissioner of natural resources as 
167.31  of May 14, 1993. 
167.32     (b) "New lease" means a lease issued after the effective 
167.33  date of this act under the terms and conditions specified in 
167.34  Minnesota Statutes, section 92.46, subdivisions 1, 1a, and 3, 
167.35  except that the lease may be for a life term and is not 
167.36  assignable or transferable and may not be amended to include 
168.1   additional lessees. 
168.2      Subd. 2.  [OPTIONS FOR LESSEES.] (a) If requested in 
168.3   writing by a lessee before January 1, 1998, the commissioner 
168.4   shall, at the lessee's option: 
168.5      (1) pay to the lessee the appraised value of the lessee's 
168.6   improvements on the land and terminate the existing lease as of 
168.7   the date of payment for improvements; or 
168.8      (2) issue a new lease for the life of the lessee that 
168.9   provides that when the lease term expires, the commissioner 
168.10  shall pay to the lessee or a beneficiary that must be designated 
168.11  in writing by the lessee the appraised value of the lessee's 
168.12  improvements on the land.  A lessee who elects this option may 
168.13  elect to terminate the lease at any time during the term of the 
168.14  lease in exchange for payment by the commissioner for the 
168.15  appraised value of the lessee's improvements on the land. 
168.16     (b) If the commissioner has not received written notice of 
168.17  a lessee's election by January 1, 1998, the commissioner may 
168.18  proceed under paragraph (a), clause (1). 
168.19     (c) After the effective date of this section, no lessee 
168.20  under paragraph (a), clause (2), shall construct or remodel, 
168.21  other than necessary for maintenance and upkeep, a cabin or 
168.22  other structure during the lease. 
168.23     (d) The commissioner may use money appropriated from the 
168.24  land acquisition account under Minnesota Statutes, section 
168.25  94.165, for payments under paragraph (a). 
168.26     (e) Notwithstanding Minnesota Statutes, section 92.46, 
168.27  subdivision 1a, the commissioner may elect whether to amend the 
168.28  leases in paragraph (a) to expand lot size to conform with 
168.29  current shoreline standards. 
168.30     Sec. 152.  [PRIVATE SALE OF STATE LAND IN CLEARWATER 
168.31  COUNTY.] 
168.32     (a) Notwithstanding Minnesota Statutes, sections 92.45; 
168.33  97A.135, subdivision 2a; and 282.01, subdivision 2; and the 
168.34  public sale provisions of Minnesota Statutes, chapter 94, the 
168.35  commissioner of natural resources may sell the land described in 
168.36  paragraph (c) to the adjoining landowner for $1,000. 
169.1      (b) The conveyance must be in a form approved by the 
169.2   attorney general and must provide that: 
169.3      (1) the land may not be sold for commercial use or be 
169.4   developed into more than a two-family residence; and 
169.5      (2) placement or construction of additional buildings or 
169.6   structures on the land, including corrals and animal shelters or 
169.7   pens, is prohibited. 
169.8      (c) The land that may be sold is located in Clearwater 
169.9   county and is described as follows: 
169.10     That part of Government Lot 6, Section 18, Township 143 
169.11  North, Range 37 West, Clearwater County, Minnesota, described as 
169.12  follows: 
169.13     Beginning at the northeast corner of Lot 1 Block 1 of 
169.14  HIGHLAND VIEW, on file and of record in the office of the County 
169.15  Recorder, being a 3/4 x 24 inch rebar with plastic cap stamped 
169.16  MN DNR PROPERTY MONUMENT, (DNR MON), from which the north line 
169.17  of said Lot 1 bears, assumed bearing, North 88 degrees 57 
169.18  minutes 39 seconds West; thence North 80 degrees 50 minutes 33 
169.19  seconds West 275.16 feet to a DNR MON; thence North 85 degrees 
169.20  25 minutes 17 seconds West 93.89 feet to a DNR MON; thence South 
169.21  50 degrees 06 minutes 54 seconds West 68.17 feet to the north 
169.22  line of said Lot 1 and a DNR MON; thence South 88 degrees 57 
169.23  minutes 39 seconds East along the north line of said Lot 1 a 
169.24  distance of 417.62 feet to the point of beginning, containing 
169.25  0.23 acres. 
169.26     (d) The sale authorized by this section would resolve an 
169.27  inadvertent trespass consisting of the encroachment of a private 
169.28  dwelling on state land. 
169.29     (e) The sale authorized by this section is subject to the 
169.30  following additional conditions: 
169.31     (1) the costs of construction and maintenance of a boundary 
169.32  fence are the sole responsibility of the purchaser; and 
169.33     (2) the adjoining landowner shall reimburse the department 
169.34  of natural resources for the cost of surveying the land and for 
169.35  time spent by department staff relating to this land trespass 
169.36  matter. 
170.1      Sec. 153.  [LOAN FORGIVENESS.] 
170.2      The outstanding balance of the loan to the city of Fridley 
170.3   for reconstruction of the Locke Lake dam, that was appropriated 
170.4   in Laws 1991, chapter 254, article 1, section 5, subdivision 3, 
170.5   is canceled and forgiven. 
170.6      Sec. 154.  [PROTECTION OF OLD GROWTH FOREST AREA.] 
170.7      The commissioner of natural resources shall negotiate with 
170.8   the city of Duluth, the Duluth Airport Authority, and other 
170.9   federal, state, and local parties to identify and delineate the 
170.10  land subject to the 1939 conveyance on Minnesota Point and 
170.11  develop a management plan that will provide a level of 
170.12  protection sufficient to ensure the continued ecological 
170.13  integrity of the area and to prohibit further cutting of the old 
170.14  growth forest area. 
170.15     Sec. 155.  [REPORT BY OFFICE OF ENVIRONMENTAL ASSISTANCE.] 
170.16     By January 20, 1998, the office of environmental assistance 
170.17  shall report to the senate and house of representatives 
170.18  environment and natural resources committees on its 
170.19  comprehensive review of the Waste Management Act and make 
170.20  recommendations for any changes in the law.  The report shall 
170.21  address options to improve waste reduction and recycling 
170.22  programs and the integrated waste management system, including 
170.23  whether additional product labeling should be required for 
170.24  products sold in Minnesota which require special disposal 
170.25  practices.  The report must include a recommendation concerning 
170.26  whether consumer education efforts can improve disposal 
170.27  practices and waste reduction efforts.  The report must discuss 
170.28  the extent to which current authority under Minnesota Statutes, 
170.29  sections 115A.952 and 115A.956, can accomplish the objectives of 
170.30  Minnesota Statutes 1996, section 115A.9523. 
170.31     Sec. 156.  [JOINT DITCH NO. 1, CHISAGO AND WASHINGTON 
170.32  COUNTIES.] 
170.33     Notwithstanding Minnesota Statutes, section 103E.811, the 
170.34  counties of Chisago and Washington may, after making a 
170.35  determination that joint ditch no. 1 is not of public benefit 
170.36  and utility, order its abandonment. 
171.1      Sec. 157.  [LANDFILL CLEANUP PROGRAM ELIGIBILITY STUDY.] 
171.2      By January 15, 1998, the commissioner of the pollution 
171.3   control agency shall report to the senate environment and 
171.4   agriculture budget division and the house environment and 
171.5   natural resources finance committee regarding the estimated 
171.6   impact of including permitted mixed municipal solid waste 
171.7   landfills in this state that are open for the period between 
171.8   April 9, 1994, and January 15, 1998, in the landfill cleanup 
171.9   program after the landfills close. 
171.10     The report must include: 
171.11     (1) information on past settlements by public entities that 
171.12  may be included with an expansion of the program; 
171.13     (2) an estimate of the environmental response costs at the 
171.14  permitted landfills that would become eligible to participate; 
171.15     (3) a discussion of the amount necessary to pay for 
171.16  reimbursement for persons who have paid for cleanup at these 
171.17  added sites; and 
171.18     (4) an analysis and recommendation of funding sources to 
171.19  pay for the additional costs due to expansion of the program.  
171.20     Sec. 158.  [YEAR 2000 READY.] 
171.21     Any computer software or hardware that is purchased with 
171.22  money appropriated in this bill must be year 2000 ready. 
171.23     Sec. 159.  [REPORT TO LEGISLATURE; HYDROGEN SULFIDE 
171.24  VIOLATIONS.] 
171.25     The commissioner of the pollution control agency shall 
171.26  report on the agency's efforts to resolve the hydrogen sulfide 
171.27  violations of ambient air quality standards related to feedlots 
171.28  by February 1, 1998, to the agriculture and environment and 
171.29  natural resources committees of the house and the agriculture 
171.30  and rural development and environment and natural resources 
171.31  committees of the senate.  The report must specify actions taken 
171.32  in terms of response to complaints from citizens, emissions 
171.33  monitoring, compliance actions taken, including penalties, and 
171.34  equipment purchased. 
171.35     Sec. 160.  [REPEALER.] 
171.36     (a) Minnesota Statutes 1996, sections 25.34; 115A.908, 
172.1   subdivision 3; 115A.9523; 115B.223; 115B.224; 116.991; 116.992; 
172.2   and 296.02, subdivision 7a, are repealed. 
172.3      (b) Laws 1995, chapter 77, section 3, is repealed effective 
172.4   the day after final enactment. 
172.5      (c) Laws 1995, chapter 220, section 21, is repealed. 
172.6      Sec. 161.  [EFFECTIVE DATE.] 
172.7      Sections 72, 130 to 134, 141, and 146 to 152 are effective 
172.8   the day following final enactment.  
172.9      Sections 24, 83, 89, and 90 are effective March 1, 1998.