1.1                          A bill for an act 
  1.2             relating to state government; appropriating money for 
  1.3             environmental, natural resources, and agricultural 
  1.4             purposes; establishing and modifying certain programs; 
  1.5             providing for regulation of certain activities and 
  1.6             practices; providing for accounts, assessments, and 
  1.7             fees; amending Minnesota Statutes 1998, sections 
  1.8             14.386; 16A.531, by adding a subdivision; 16B.171, as 
  1.9             amended; 17.03, by adding a subdivision; 17.038; 
  1.10            17.102, subdivision 4; 17.109, subdivision 1; 17.115, 
  1.11            subdivision 3; 17.116, subdivision 3; 17.117, 
  1.12            subdivision 3; 17.136; 17.457, subdivision 10; 17.59, 
  1.13            subdivision 5; 17.85; 17.982, subdivision 1; 17.983, 
  1.14            subdivision 1; 17A.11; 17B.15, subdivision 1; 18B.05, 
  1.15            subdivision 1; 18B.26, subdivision 5; 18C.131; 18E.02, 
  1.16            subdivision 5; 18E.03, subdivision 1; 21.115; 21.116; 
  1.17            21.90, subdivision 3; 21.92; 25.39, subdivision 4; 
  1.18            27.07, subdivision 6; 28A.075; 28A.08, subdivision 3, 
  1.19            as amended; 29.22, subdivision 5; 31.101, subdivision 
  1.20            10; 31.94; 31.95, subdivision 3a; 31A.01; 31A.02, 
  1.21            subdivision 4, and by adding subdivisions; 31A.15, 
  1.22            subdivision 1; 31A.21, subdivisions 1 and 3; 31A.31; 
  1.23            32.21, subdivision 4; 32.394, subdivision 9; 35.02, 
  1.24            subdivision 1; 35.04; 35.05; 35.08; 35.09, 
  1.25            subdivisions 2 and 2a; 35.67; 35.68; 35.82, 
  1.26            subdivisions 1b, 2, and 3; 35.92, subdivision 5; 
  1.27            35.93, subdivision 1; 41B.044, subdivision 2; 84.027, 
  1.28            subdivision 15; 84.0855, subdivision 2, and by adding 
  1.29            a subdivision; 84.81, by adding a subdivision; 
  1.30            84.8205, by adding a subdivision; 84.83, subdivisions 
  1.31            3 and 4; 84.86, subdivision 1; 84.862, subdivisions 1 
  1.32            and 2; 84.872, subdivision 1; 84.91, subdivision 1; 
  1.33            84.98, subdivision 6; 85.015, subdivision 4, and by 
  1.34            adding a subdivision; 85.019, subdivision 2, and by 
  1.35            adding subdivisions; 85.40, subdivision 5; 85.41, 
  1.36            subdivisions 1, 4, and 5; 85.42; 85.44; 85.45, 
  1.37            subdivision 1; 86B.415; 88.067; 89A.01, by adding a 
  1.38            subdivision; 89A.02; 89A.03; 89A.04; 89A.05; 89A.06; 
  1.39            89A.07, subdivisions 3 and 5; 89A.10; 92.45; 92.46, 
  1.40            subdivision 1; 97B.020; 103B.227, subdivision 2; 
  1.41            103F.515, subdivision 2; 103G.271, subdivision 6; 
  1.42            115.55, subdivision 5a; 115A.02; 115A.908, subdivision 
  1.43            2; 115B.39, subdivision 2; 115B.40, subdivisions 2, 3, 
  1.44            4, 5, 6, 7, and 8; 115B.405, subdivision 1; 115B.42; 
  1.45            115B.43, subdivision 1; 115B.442, by adding a 
  1.46            subdivision; 116.07, subdivision 7; 116.072, by adding 
  2.1             a subdivision; 116.073, subdivisions 1 and 2; 156.001, 
  2.2             subdivisions 2, 3, and by adding a subdivision; 
  2.3             156.01, subdivision 3; 156.02, subdivisions 1 and 2; 
  2.4             156.03; 156.072; 156.10; 156.11; 156.12, subdivisions 
  2.5             2 and 4; 169.121, subdivision 3; 169.1217, subdivision 
  2.6             9; 169.123, subdivision 1; 171.07, subdivisions 12 and 
  2.7             13; 223.17, subdivision 3; 231.16; 232.22, subdivision 
  2.8             3; 233.08; 236.02, subdivision 4; 239.791, 
  2.9             subdivisions 1, 12, and by adding subdivisions; 
  2.10            290.431; 290.432; 296A.18, subdivision 3; 297H.13, 
  2.11            subdivision 5; 325E.11; 325E.112, subdivisions 1, 3, 
  2.12            and 4; 325E.113; 500.24, subdivisions 2 and 3; 
  2.13            574.263; and 574.264, subdivision 1; Laws 1995, 
  2.14            chapter 220, section 142, as amended; Laws 1996, 
  2.15            chapter 351, section 2, as amended; Laws 1998, 
  2.16            chapters 401, section 53; 404, section 7, subdivisions 
  2.17            23 and 26; and Laws 1999, chapters 4, section 2; and 
  2.18            161, section 44; proposing coding for new law in 
  2.19            Minnesota Statutes, chapters 17; 18E; 28A; 31B; 84; 
  2.20            103G; 115B; 116; and 156; repealing Minnesota Statutes 
  2.21            1998, sections 31A.28; 35.245; 35.96, subdivision 4; 
  2.22            42.01; 42.02; 42.03; 42.04; 42.05; 42.06; 42.07; 
  2.23            42.08; 42.09; 42.10; 42.11; 42.12; 42.13; 42.14; 
  2.24            86B.415, subdivision 7a; 446A.21; and 473.845, 
  2.25            subdivision 2. 
  2.26  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.27  Section 1.  [ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.] 
  2.28     The sums shown in the columns marked "APPROPRIATIONS" are 
  2.29  appropriated from the general fund, or another named fund, to 
  2.30  the agencies and for the purposes specified in this article, to 
  2.31  be available for the fiscal years indicated for each purpose.  
  2.32  The figures "1999," "2000," and "2001," where used in this 
  2.33  article, mean that the appropriation or appropriations listed 
  2.34  under them are available for the year ending June 30, 1999, June 
  2.35  30, 2000, or June 30, 2001, respectively.  The term "the first 
  2.36  year" means the year ending June 30, 2000, and the term "the 
  2.37  second year" means the year ending June 30, 2001. 
  2.38                          SUMMARY BY FUND
  2.39               1999        2000           2001          TOTAL
  2.40  General               $215,771,000   $208,447,000  $424,218,000
  2.41  Petroleum Tank           3,583,000      3,393,000     6,976,000
  2.42  State Government
  2.43  Special Revenue             44,000         45,000        89,000
  2.44  Special Revenue            523,000        200,000       723,000
  2.45  Environmental           21,744,000     22,184,000    43,928,000
  2.46  Solid Waste              7,153,000      7,229,000    14,382,000
  2.47  Natural
  2.48  Resources               26,406,000     25,832,000    52,238,000
  2.49  Game and Fish           60,413,000     61,521,000   121,934,000
  3.1   Minnesota      
  3.2   Future Resources        16,040,000         -0-       16,040,000
  3.3   Environmental 
  3.4   Trust      991,000      13,005,000     13,005,000    27,001,000 
  3.5   Great Lakes  
  3.6   Protection                 200,000         -0-          200,000 
  3.7   TOTAL      991,000     364,882,000    341,856,000   707,729,000
  3.8                                              APPROPRIATIONS 
  3.9                                          Available for the Year 
  3.10                                             Ending June 30 
  3.11                                            2000         2001 
  3.12  Sec. 2.  POLLUTION CONTROL    
  3.13  AGENCY  
  3.14  Subdivision 1.  Total           
  3.15  Appropriation                         48,018,000    48,210,000
  3.16                Summary by Fund
  3.17  General              16,875,000    17,074,000
  3.18  Petroleum Tank        3,583,000     3,393,000
  3.19  State Government   
  3.20  Special Revenue          44,000        45,000
  3.21  Special Revenue         323,000        -0-
  3.22  Environmental        20,140,000    20,569,000
  3.23  Solid Waste           7,053,000     7,129,000
  3.24  The amounts that may be spent from this 
  3.25  appropriation for each program are 
  3.26  specified in the following subdivisions.
  3.27  Up to $300,000 in the first year and 
  3.28  $300,000 in the second year may be 
  3.29  redirected by the commissioner from the 
  3.30  program appropriations in subdivisions 
  3.31  2 to 5 for purposes of reducing the 
  3.32  length of time needed to process 
  3.33  feedlot permits and to provide 
  3.34  technical assistance to county feedlot 
  3.35  programs and feedlot owners.  Not later 
  3.36  than February 15, 2000, the 
  3.37  commissioner must report on the sources 
  3.38  of redirected funds and the impact of 
  3.39  redirection on other programs of the 
  3.40  agency to the chairs of the senate and 
  3.41  house of representatives committees 
  3.42  with jurisdiction over environmental 
  3.43  finance. 
  3.44  Subd. 2.  Protection of the Water 
  3.45      15,984,000     16,008,000
  3.46                Summary by Fund
  3.47  General              13,074,000    13,283,000
  3.48  State Government
  3.49  Special Revenue          44,000        45,000
  3.50  Environmental         2,616,000     2,680,000
  4.1   Petroleum tank          250,000        -0-
  4.2   $2,348,000 the first year and 
  4.3   $2,348,000 the second year are for 
  4.4   grants to local units of government for 
  4.5   the clean water partnership program.  
  4.6   The amount of this appropriation above 
  4.7   the base is for Phase II implementation 
  4.8   projects.  Any unencumbered balance 
  4.9   remaining in the first year does not 
  4.10  cancel and is available for the second 
  4.11  year of the biennium. 
  4.12  $1,470,000 the first year and 
  4.13  $1,841,000 the second year are for 
  4.14  grants for county administration of the 
  4.15  feedlot permit program.  These amounts 
  4.16  are transferred to the board of water 
  4.17  and soil resources for disbursement in 
  4.18  accordance with Minnesota Statutes, 
  4.19  section 103B.3369, in cooperation with 
  4.20  the pollution control agency.  Grants 
  4.21  must be matched with a combination of 
  4.22  local cash and/or in-kind 
  4.23  contributions.  Counties receiving 
  4.24  these grants shall submit an annual 
  4.25  report to the pollution control agency 
  4.26  regarding activities conducted under 
  4.27  the grant, expenditures made, and local 
  4.28  match contributions.  First priority 
  4.29  for funding shall be given to counties 
  4.30  that have requested and received 
  4.31  delegation from the pollution control 
  4.32  agency for processing of animal feedlot 
  4.33  permit applications under Minnesota 
  4.34  Statutes, section 116.07, subdivision 
  4.35  7.  Delegated counties shall be 
  4.36  eligible to receive a grant of either:  
  4.37  $50 multiplied by the number of 
  4.38  livestock or poultry farms with sales 
  4.39  greater than $10,000, as reported in 
  4.40  the 1997 Census of Agriculture, 
  4.41  published by the United States Bureau 
  4.42  of Census; or $80 multiplied by the 
  4.43  number of feedlots with greater than 
  4.44  ten animal units as determined by a 
  4.45  level 2 or level 3 feedlot inventory 
  4.46  conducted in accordance with the 
  4.47  Feedlot Inventory Guidebook published 
  4.48  by the board of water and soil 
  4.49  resources, dated June 1991.  To receive 
  4.50  the additional funding that is based on 
  4.51  the county feedlot inventory, the 
  4.52  county shall submit a copy of the 
  4.53  inventory to the pollution control 
  4.54  agency.  Any remaining money is for 
  4.55  distribution to all counties on a 
  4.56  competitive basis through the challenge 
  4.57  grant process for the conducting of 
  4.58  feedlot inventories, development of 
  4.59  delegated county feedlot programs, and 
  4.60  for information and education or 
  4.61  technical assistance efforts to reduce 
  4.62  feedlot-related pollution hazards.  Any 
  4.63  money remaining after the first year is 
  4.64  available for the second year. 
  4.65  $94,000 the first year and $97,000 the 
  4.66  second year are for compliance 
  4.67  activities and air quality monitoring 
  4.68  to address hydrogen sulfide emissions 
  5.1   from animal feedlots.  The air quality 
  5.2   monitoring must include the use of 
  5.3   portable survey instruments. 
  5.4   $1,043,000 the first year and 
  5.5   $1,048,000 the second year are for 
  5.6   water monitoring activities.  
  5.7   $320,000 the first year and $322,000 
  5.8   the second year are for community 
  5.9   technical assistance and education, 
  5.10  including grants and technical 
  5.11  assistance to communities for local and 
  5.12  basin-wide water quality protection. 
  5.13  $201,000 the first year and $202,000 
  5.14  the second year are for individual 
  5.15  sewage treatment system (ISTS) 
  5.16  administration. Of this amount, $86,000 
  5.17  in each year is transferred to the 
  5.18  board of water and soil resources for 
  5.19  assistance to local units of government 
  5.20  through competitive grant programs for 
  5.21  ISTS program development. 
  5.22  $200,000 in each year is for individual 
  5.23  sewage treatment system grants.  Any 
  5.24  unexpended balance in the first year 
  5.25  does not cancel, but is available in 
  5.26  the second year. 
  5.27  $250,000 the first year and $500,000 
  5.28  the second year are for studies to 
  5.29  determine total maximum daily load 
  5.30  allocations to improve water quality.  
  5.31  $300,000 each year is for continuing 
  5.32  research on malformed frogs.  This is a 
  5.33  one-time appropriation.  
  5.34  $126,000 is for administration of the 
  5.35  wastewater infrastructure fund (WIF) 
  5.36  construction program.  This is a 
  5.37  one-time appropriation.  
  5.38  $250,000 the first year, 
  5.39  notwithstanding Minnesota Statutes, 
  5.40  section 115C.08, subdivision 4, is from 
  5.41  the petroleum tank release fund for the 
  5.42  following purposes:  (1) to purchase 
  5.43  and distribute emergency spill response 
  5.44  equipment, such as spill containment 
  5.45  booms, sorbent pads, and installation 
  5.46  tools, along the Mississippi river 
  5.47  upstream of drinking water intakes at 
  5.48  the locations designated by the agency 
  5.49  in consultation with the Mississippi 
  5.50  River Defense Network; (2) to purchase 
  5.51  mobile trailers to contain the 
  5.52  equipment in clause (1) so that rapid 
  5.53  deployment can occur; and (3) to 
  5.54  conduct spill response training for 
  5.55  those groups of responders receiving 
  5.56  the spill response equipment described 
  5.57  in clause (1).  The agency shall 
  5.58  develop and administer protocol for the 
  5.59  use of the equipment among all 
  5.60  potential users, including private 
  5.61  contract firms, public response 
  5.62  agencies, and units of government.  Any 
  5.63  money remaining after the first year is 
  6.1   available for the second year.  This is 
  6.2   a one-time appropriation. 
  6.3   $200,000 the first year is for a grant 
  6.4   to the University of Minnesota center 
  6.5   for rural technology and cooperative 
  6.6   development for the continued 
  6.7   development of water quality 
  6.8   cooperatives that own or control 
  6.9   alternative discharging sewage systems 
  6.10  as defined in Minnesota Statutes, 
  6.11  section 115.58, subdivision 1.  The 
  6.12  university must study and prepare a 
  6.13  report to the legislature on the 
  6.14  barriers to financing and permitting 
  6.15  cost-effective innovative or 
  6.16  alternative sewage treatment 
  6.17  technologies, systems, methods, and 
  6.18  processes under existing statutes, 
  6.19  agency rules, and practices, and on the 
  6.20  potential for such treatment 
  6.21  technologies for reducing point and 
  6.22  nonpoint sources of water pollution.  
  6.23  As a condition of this grant, the 
  6.24  university must submit a work program 
  6.25  and submit semiannual progress reports 
  6.26  as provided in Minnesota Statutes, 
  6.27  section 116P.05, subdivision 2, 
  6.28  paragraph (c).  This is a one-time 
  6.29  appropriation. 
  6.30  $100,000 for the biennium is for a 
  6.31  grant to the city of Garrison for the 
  6.32  Garrison, Kathio, West Mille Lacs Lake 
  6.33  Sanitary District for the cost of 
  6.34  environmental studies, planning, and 
  6.35  legal assistance for sewage treatment 
  6.36  purposes.  This is a one-time 
  6.37  appropriation. 
  6.38  Until July 1, 2001, the agency shall 
  6.39  not approve additional fees on animal 
  6.40  feedlot operations. 
  6.41  Subd. 3.  Protection of the Air 
  6.42       8,194,000      8,023,000
  6.43                Summary by Fund
  6.44  General                 181,000       142,000 
  6.45  Special Revenue         323,000        -0- 
  6.46  Environmental         7,690,000     7,881,000
  6.47  Up to $150,000 the first year and 
  6.48  $150,000 the second year may be 
  6.49  transferred to the small business 
  6.50  environmental improvement loan account 
  6.51  established in Minnesota Statutes, 
  6.52  section 116.994. 
  6.53  $200,000 each year from the 
  6.54  environmental fund is for a monitoring 
  6.55  program under Minnesota Statutes, 
  6.56  section 116.454. 
  6.57  $181,000 the first year and $142,000 
  6.58  the second year are for mercury 
  6.59  reduction strategies other than 
  7.1   education programs. 
  7.2   Subd. 4.  Protection of the 
  7.3   Land 
  7.4       16,808,000     17,079,000
  7.5                 Summary by Fund
  7.6   General               1,722,000     1,746,000
  7.7   Petroleum Tank        2,891,000     2,951,000
  7.8   Environmental         6,278,000     6,417,000
  7.9   Solid Waste           5,917,000     5,965,000
  7.10  All money in the environmental 
  7.11  response, compensation, and compliance 
  7.12  account in the environmental fund not 
  7.13  otherwise appropriated is appropriated 
  7.14  to the commissioners of the pollution 
  7.15  control agency and the department of 
  7.16  agriculture for purposes of Minnesota 
  7.17  Statutes, section 115B.20, subdivision 
  7.18  2, clauses (1), (2), (3), (4), (10), 
  7.19  (11), and (12).  At the beginning of 
  7.20  each fiscal year, the two commissioners 
  7.21  shall jointly submit an annual spending 
  7.22  plan to the commissioner of finance 
  7.23  that maximizes the utilization of 
  7.24  resources and appropriately allocates 
  7.25  the money between the two agencies.  
  7.26  This appropriation is available until 
  7.27  June 30, 2001. 
  7.28  The agency's annual performance reports 
  7.29  required for this biennium under 
  7.30  Minnesota Statutes, section 15.91, must 
  7.31  specify the amount of lead, mercury, 
  7.32  and cadmium contained in sewage 
  7.33  biosolids spread on the land after 
  7.34  wastewater treatment. 
  7.35  $136,000 the first year and $139,000 
  7.36  the second year are from the solid 
  7.37  waste fund for staff and associated 
  7.38  expenses related to permitting, 
  7.39  compliance, and response actions at 
  7.40  eligible facilities under Minnesota 
  7.41  Statutes, section 473.845. 
  7.42  $196,000 the first year and $200,000 
  7.43  the second year are from the solid 
  7.44  waste fund to be transferred to the 
  7.45  department of health for private water 
  7.46  supply monitoring and health assessment 
  7.47  costs in areas contaminated by 
  7.48  unpermitted mixed municipal solid waste 
  7.49  disposal facilities. 
  7.50  $550,000 the first year and $550,000 
  7.51  the second year are from the petroleum 
  7.52  tank release fund for purposes of the 
  7.53  leaking underground storage tank 
  7.54  program to protect the land. 
  7.55  $85,000 the first year is from the 
  7.56  solid waste fund for a grant to Benton 
  7.57  county to pay the principal amount due 
  7.58  in fiscal year 2000 on bonds issued by 
  8.1   the county to pay part of a final order 
  8.2   or settlement of a lawsuit for 
  8.3   environmental response costs at a mixed 
  8.4   municipal solid waste facility.  This 
  8.5   money and any future money appropriated 
  8.6   for this purpose must be apportioned by 
  8.7   Benton county among the local units of 
  8.8   government that were parties to the 
  8.9   final order or settlement in the same 
  8.10  proportion that the local units of 
  8.11  government agreed to as their share of 
  8.12  the liability.  This is a one-time 
  8.13  appropriation. 
  8.14  Subd. 5.  General Support 
  8.15       7,032,000      7,100,000
  8.16                Summary by Fund
  8.17  General               1,898,000     1,903,000
  8.18  Petroleum Tank          442,000       442,000
  8.19  Environmental         3,556,000     3,591,000
  8.20  Solid Waste           1,136,000     1,164,000
  8.21  Sec. 3.  OFFICE OF ENVIRONMENTAL 
  8.22  ASSISTANCE                            21,538,000     21,776,000
  8.23                Summary by Fund
  8.24  General              20,270,000    20,503,000
  8.25  Environmental         1,268,000     1,273,000
  8.26  $14,008,000 each year is for SCORE 
  8.27  block grants to counties. 
  8.28  Any unencumbered grant and loan 
  8.29  balances in the first year do not 
  8.30  cancel but are available for grants and 
  8.31  loans in the second year. 
  8.32  All money in the metropolitan landfill 
  8.33  abatement account in the environmental 
  8.34  fund not otherwise appropriated is 
  8.35  appropriated to the office of 
  8.36  environmental assistance for the 
  8.37  purposes of Minnesota Statutes, section 
  8.38  473.844. 
  8.39  Notwithstanding Minnesota Statutes, 
  8.40  section 115A.54, subdivision 2a, 
  8.41  paragraph (h), and rules of the office 
  8.42  of environmental assistance, an 
  8.43  applicant that receives a grant from 
  8.44  money appropriated in Laws 1998, 
  8.45  chapter 404, section 8, for less than 
  8.46  25 percent of the total capital costs 
  8.47  of a project may be issued a second 
  8.48  grant for capital costs of the project 
  8.49  from other money appropriated for 
  8.50  capital assistance grants.  For the 
  8.51  purpose of the grants issued under this 
  8.52  item, each grant phase of the project 
  8.53  shall be considered a separate project, 
  8.54  but not for purposes of determining the 
  8.55  maximum grant assistance as provided in 
  8.56  Minnesota Statutes, section 115A.54, 
  9.1   subdivision 2a. 
  9.2   $65,000 of the remaining balance of the 
  9.3   funds appropriated pursuant to Laws 
  9.4   1988, chapter 685, section 43, is 
  9.5   reappropriated for purposes of 
  9.6   education of the public and businesses 
  9.7   on the proper disposal of used motor 
  9.8   oil, used motor oil filters, and other 
  9.9   automotive wastes. 
  9.10  Sec. 4.  ZOOLOGICAL BOARD             7,149,000       7,229,000
  9.11  Sec. 5.  NATURAL RESOURCES 
  9.12  Subdivision 1.  Total 
  9.13  Appropriation                        207,502,000    202,510,000
  9.14                Summary by Fund
  9.15  General             120,616,000   115,091,000
  9.16  Natural Resources    26,373,000    25,798,000
  9.17  Game and Fish        60,413,000    61,521,000
  9.18  Solid Waste             100,000       100,000
  9.19  The amounts that may be spent from this 
  9.20  appropriation for each program are 
  9.21  specified in the following subdivisions.
  9.22  Subd. 2.  Mineral Resources Management
  9.23       5,054,000      5,164,000
  9.24  $312,000 the first year and $313,000 
  9.25  the second year are for iron ore 
  9.26  cooperative research, of which $225,000 
  9.27  the first year and $225,000 the second 
  9.28  year are available only as matched by 
  9.29  $1 of nonstate money for each $1 of 
  9.30  state money.  Any unencumbered balance 
  9.31  remaining in the first year does not 
  9.32  cancel but is available for the second 
  9.33  year. 
  9.34  $378,000 the first year and $379,000 
  9.35  the second year are for mineral 
  9.36  diversification.  Any unencumbered 
  9.37  balance remaining in the first year 
  9.38  does not cancel but is available for 
  9.39  the second year.  
  9.40  $101,000 the first year and $101,000 
  9.41  the second year are for minerals 
  9.42  cooperative environmental research, of 
  9.43  which $50,500 the first year and 
  9.44  $50,500 the second year are available 
  9.45  only as matched by $1 of nonstate money 
  9.46  for each $1 of state money.  Any 
  9.47  unencumbered balance remaining in the 
  9.48  first year does not cancel but is 
  9.49  available for the second year. 
  9.50  Subd. 3.  Water Resources Management 
  9.51      15,215,000      12,559,000
  9.52                Summary by Fund
 10.1   General                14,953,000     12,290,000
 10.2   Natural Resources         262,000        269,000
 10.3   $170,000 the first year and $170,000 
 10.4   the second year are for a grant to the 
 10.5   Mississippi headwaters board for up to 
 10.6   50 percent of the cost of implementing 
 10.7   the comprehensive plan for the upper 
 10.8   Mississippi within areas under its 
 10.9   jurisdiction.  
 10.10  $17,000 the first year and $17,000 the 
 10.11  second year are for payment to the 
 10.12  Leech Lake Band of Chippewa Indians to 
 10.13  implement its portion of the 
 10.14  comprehensive plan for the upper 
 10.15  Mississippi.  
 10.16  $502,000 the first year and $503,000 
 10.17  the second year are for water 
 10.18  monitoring activities, including 
 10.19  gauging of priority lakes and 
 10.20  watersheds, dissemination of 
 10.21  information, replacement of equipment, 
 10.22  and installation of observation wells, 
 10.23  groundwater sensitivity maps, and 
 10.24  documentation. 
 10.25  $25,000 the first year and $25,000 the 
 10.26  second year are for a grant to the 
 10.27  joint powers board established under 
 10.28  Minnesota Statutes, section 471.59, for 
 10.29  the Lewis and Clark rural water system. 
 10.30  $1,950,000 the first year and 
 10.31  $1,000,000 the second year are for 
 10.32  grants to watershed districts located 
 10.33  within the Red river basin for flood 
 10.34  damage reduction projects and 
 10.35  activities associated with the 
 10.36  implementation of the mediation 
 10.37  agreement, including comprehensive 
 10.38  watershed plans, agency 
 10.39  interdisciplinary teams for each 
 10.40  watershed in the Red river valley, and 
 10.41  a basin information repository, 
 10.42  including data on flood flows and water 
 10.43  supply. 
 10.44  $468,000 the first year is for the 
 10.45  construction of ring dikes under 
 10.46  Minnesota Statutes, section 103F.161.  
 10.47  The ring dikes may be publicly or 
 10.48  privately owned.  This is a one-time 
 10.49  appropriation. 
 10.50  $1,100,000 the first year is for the 
 10.51  stream protection and redevelopment 
 10.52  loan program under Minnesota Statutes, 
 10.53  section 103G.705. 
 10.54  $116,000 the first year and $116,000 
 10.55  the second year are for grants to the 
 10.56  counties of Beltrami, Marshall, and 
 10.57  Roseau for the payment of unpaid back 
 10.58  ditch assessments on state lands. 
 10.59  $20,000 in fiscal year 2000 is for a 
 10.60  feasibility study of raising the 
 10.61  control elevation of Coon Lake in Anoka 
 11.1   county.  The study must be completed by 
 11.2   February 1, 2000. 
 11.3   $200,000 the first year and $150,000 
 11.4   the second year are for a grant to the 
 11.5   Cannon river watershed partnership for 
 11.6   protection, conservation, and 
 11.7   enhancement of the ecological integrity 
 11.8   of the Cannon river watershed.  The 
 11.9   grant the second year is contingent 
 11.10  upon the establishment of a joint 
 11.11  powers board by the counties of Steele, 
 11.12  Rice, Goodhue, LeSueur, Waseca, and 
 11.13  Dakota, and any cities and towns within 
 11.14  the counties, to prepare a land use 
 11.15  management and recreation plan for the 
 11.16  Cannon river watershed; and to 
 11.17  eventually provide grant programs for 
 11.18  protection, conservation, and 
 11.19  enhancement of the ecological integrity 
 11.20  of the Cannon river watershed.  The 
 11.21  goal of the plan is to protect the 
 11.22  river system's natural beauty, 
 11.23  environment, and water quality.  The 
 11.24  purpose of the plan is to assist local 
 11.25  units of government within the Cannon 
 11.26  river watershed to adequately plan for 
 11.27  the protective management of the river 
 11.28  within their jurisdiction.  The plan 
 11.29  and programs must meet or exceed the 
 11.30  requirements of state shoreland, 
 11.31  floodplain, and wild and scenic river 
 11.32  laws.  The joint powers board must seek 
 11.33  available federal funding, and funding 
 11.34  or in-kind services from organizations 
 11.35  and local units of government to 
 11.36  complete the plan and implement the 
 11.37  program.  This is a one-time 
 11.38  appropriation. 
 11.39  $118,000 is for a grant to the city of 
 11.40  Thief River Falls to finish dredging 
 11.41  projects within the city on the Red 
 11.42  Lake river and the Thief river.  This 
 11.43  appropriation is in addition to the 
 11.44  appropriation in Laws 1997, chapter 
 11.45  216, section 5, subdivision 3.  This 
 11.46  appropriation is available to the 
 11.47  extent matched by an equal amount of 
 11.48  nonstate money until June 30, 2001.  
 11.49  This is a one-time appropriation. 
 11.50  Subd. 4.  Forest Management 
 11.51      34,670,000     35,175,000
 11.52                Summary by Fund
 11.53  General              34,207,000    34,701,000
 11.54  Natural Resources       463,000       474,000
 11.55  $3,599,000 the first year and 
 11.56  $3,688,000 the second year are for 
 11.57  presuppression and suppression costs of 
 11.58  emergency fire fighting.  If the 
 11.59  appropriation for either year is 
 11.60  insufficient to cover all costs of 
 11.61  suppression, the amount necessary to 
 11.62  pay for emergency firefighting expenses 
 11.63  during the biennium is appropriated 
 12.1   from the general fund.  If money is 
 12.2   spent under the appropriation in the 
 12.3   preceding sentence, the commissioner of 
 12.4   natural resources shall, by 15 days 
 12.5   after the end of the following quarter, 
 12.6   report on how the money was spent to 
 12.7   the chairs of the house of 
 12.8   representatives ways and means 
 12.9   committee, the environment and 
 12.10  agriculture budget division of the 
 12.11  senate environment and natural 
 12.12  resources committee, and the house of 
 12.13  representatives environment and natural 
 12.14  resources finance committee.  The 
 12.15  appropriations may not be transferred.  
 12.16  $722,000 the first year and $724,000 
 12.17  the second year are for programs and 
 12.18  practices on state, county, and private 
 12.19  lands to regenerate and protect 
 12.20  Minnesota's white pine.  Up to $280,000 
 12.21  of the appropriation in each year may 
 12.22  be used by the commissioner to provide 
 12.23  50 percent matching funds to implement 
 12.24  cultural practices for white pine 
 12.25  management on nonindustrial, private 
 12.26  forest lands at rates specified in the 
 12.27  Minnesota stewardship incentives 
 12.28  program manual.  Up to $150,000 of the 
 12.29  appropriation in each year may be used 
 12.30  by the commissioner to provide funds to 
 12.31  implement cultural practices for white 
 12.32  pine management on county-administered 
 12.33  lands through grant agreements with 
 12.34  individual counties, with priorities 
 12.35  for areas that experienced wind damage 
 12.36  in July 1995.  $40,000 each year is for 
 12.37  a study of the natural regeneration 
 12.38  process of white pine.  The remainder 
 12.39  of the funds in each fiscal year will 
 12.40  be available to the commissioner for 
 12.41  white pine regeneration and protection 
 12.42  on department-administered lands. 
 12.43  The commissioner may contract with and 
 12.44  make grants to nonprofit agencies to 
 12.45  carry out the purposes, plans, and 
 12.46  programs of the office of youth 
 12.47  programs, Minnesota conservation corps. 
 12.48  $61,000 the first year and $62,000 the 
 12.49  second year are for the focus on 
 12.50  community forests program, to provide 
 12.51  communities with natural resources 
 12.52  technical assistance. 
 12.53  $225,000 the first year is for grants 
 12.54  to local community forest ecosystem 
 12.55  health programs.  This appropriation is 
 12.56  available until June 30, 2001.  The 
 12.57  commissioner of natural resources shall 
 12.58  allocate individual grants of up to 
 12.59  $25,000 to local communities that match 
 12.60  the grants with nonstate money to 
 12.61  undertake projects that improve the 
 12.62  health of forest ecosystems, including 
 12.63  insect and disease suppression 
 12.64  programs, community-based forest health 
 12.65  education programs, and other 
 12.66  arboricultural treatments. 
 13.1   $100,000 the first year and $100,000 
 13.2   the second year are an increase in the 
 13.3   base appropriation for the Minnesota 
 13.4   conservation corps program activities.  
 13.5   $500,000 each year is for the 
 13.6   activities of the forest resources 
 13.7   council.  This is a one-time 
 13.8   appropriation. 
 13.9   Subd. 5.  Parks and Recreation 
 13.10  Management 
 13.11      30,210,000     30,850,000
 13.12                Summary by Fund
 13.13  General              29,576,000    30,214,000
 13.14  Natural Resources       634,000       636,000
 13.15  $634,000 the first year and $636,000 
 13.16  the second year are from the water 
 13.17  recreation account in the natural 
 13.18  resources fund for state park 
 13.19  development projects.  If the 
 13.20  appropriation in either year is 
 13.21  insufficient, the appropriation for the 
 13.22  other year is available for it. 
 13.23  $4,500,000 the first year and 
 13.24  $4,500,000 the second year are for 
 13.25  payment of a grant to the metropolitan 
 13.26  council for metropolitan area regional 
 13.27  parks and trails maintenance and 
 13.28  operation.  $1,500,000 each year is a 
 13.29  one-time appropriation. 
 13.30  $50,000 the first year is for a grant 
 13.31  to the city of Taylors Falls for fire 
 13.32  and rescue operations in support of 
 13.33  Interstate park. 
 13.34  Notwithstanding any law to the 
 13.35  contrary, effective the day following 
 13.36  final enactment, the commissioner of 
 13.37  natural resources may enter into a 
 13.38  30-year lease with the Minneapolis park 
 13.39  and recreation board for the golf 
 13.40  course and polo grounds at Fort 
 13.41  Snelling.  The land to be leased shall 
 13.42  be used for recreation purposes in the 
 13.43  development of athletic fields 
 13.44  connected with the property.  The 
 13.45  commissioner of natural resources is 
 13.46  not obligated to make improvements on 
 13.47  the leased property. 
 13.48  Subd. 6.  Trails and Waterways 
 13.49  Management 
 13.50      20,567,000     17,622,000
 13.51                Summary by Fund
 13.52  General               3,967,000     2,083,000
 13.53  Natural Resources    14,703,000    13,931,000
 13.54  Game and Fish         1,897,000     1,608,000
 14.1   $4,649,000 the first year and 
 14.2   $4,649,000 the second year are from the 
 14.3   snowmobile trails and enforcement 
 14.4   account in the natural resources fund 
 14.5   for snowmobile grants-in-aid.  
 14.6   $256,000 the first year and $257,000 
 14.7   the second year are from the water 
 14.8   recreation account in the natural 
 14.9   resources fund for a safe harbor 
 14.10  program on Lake Superior.  Any 
 14.11  unencumbered balance at the end of the 
 14.12  first year does not cancel and is 
 14.13  available for the second year.  
 14.14  $500,000 the first year and $1,000,000 
 14.15  the second year are from the natural 
 14.16  resources fund for expansion of 
 14.17  off-highway vehicle facilities.  Of 
 14.18  these amounts, $200,000 the first year 
 14.19  and $400,000 the second year are from 
 14.20  the all-terrain vehicle account, 
 14.21  $75,000 the first year and $150,000 the 
 14.22  second year are from the off-highway 
 14.23  motorcycle account, and $225,000 the 
 14.24  first year and $450,000 the second year 
 14.25  are from the off-road vehicle account 
 14.26  in the natural resources fund.  This 
 14.27  appropriation is available until 
 14.28  expended. 
 14.29  $1,500,000 the first year and $75,000 
 14.30  the second year are from the natural 
 14.31  resources fund to plan, acquire, 
 14.32  develop, and operate the Iron Range 
 14.33  off-highway vehicle recreation area.  
 14.34  The first year appropriation is 
 14.35  one-time and available until expended.  
 14.36  Of the amount appropriated the first 
 14.37  year, $750,000 is from the all-terrain 
 14.38  vehicle account, $600,000 is from the 
 14.39  off-road vehicle account, and $150,000 
 14.40  is from the off-highway motorcycle 
 14.41  account.  Of the amount appropriated in 
 14.42  the second year, $37,500 is from the 
 14.43  all-terrain vehicle account, $30,000 is 
 14.44  from the off-road account, and $7,500 
 14.45  is from the off-highway motorcycle 
 14.46  account.  The appropriations are 
 14.47  available until expended. 
 14.48  $100,000 the first year is for the 
 14.49  planning, development, and construction 
 14.50  of the Gitchi-Gami trail on the north 
 14.51  shore of Lake Superior.  The trail must 
 14.52  be designed primarily for hiking and 
 14.53  bicycling and must connect communities, 
 14.54  state parks, and other points of 
 14.55  interest along the north shore. 
 14.56  $175,000 is for a grant to the Ramsey 
 14.57  county board of commissioners and the 
 14.58  Washington county board of 
 14.59  commissioners to cooperatively develop 
 14.60  a master plan, with the cooperation and 
 14.61  assistance of the Minnesota parks and 
 14.62  trails council, for a trail around 
 14.63  Silver Lake, a White Bear Lake to 
 14.64  Stillwater regional trail, a trail and 
 14.65  route around White Bear Lake and trail 
 14.66  connections with the Gateway trail and 
 15.1   other state or regional trails within 
 15.2   the counties.  The master plan must be 
 15.3   developed with the cities of North St. 
 15.4   Paul, Maplewood, Oakdale, Birchwood, 
 15.5   Dellwood, Mahtomedi, and White Bear 
 15.6   Lake, White Bear township, and the 
 15.7   departments of natural resources and 
 15.8   transportation.  This is a one-time 
 15.9   appropriation.  
 15.10  $500,000 the first year is for 
 15.11  development of nonpaved alternate 
 15.12  trails that are adjacent to the 
 15.13  Heartland and Paul Bunyan state trails. 
 15.14  $50,000 is for planning and 
 15.15  archaeological costs of a multiuse 
 15.16  trail connecting the Douglas trail in 
 15.17  Rochester with Chester Woods county 
 15.18  park and the cities of Eyota and Dover. 
 15.19  $200,000 the first year is for 
 15.20  construction of a snowmobile trail to 
 15.21  connect the Willard Munger state trail 
 15.22  at Hermantown to the North Shore state 
 15.23  trail in Duluth. 
 15.24  The amount raised from the sale of 
 15.25  metal traction device stickers under 
 15.26  Minnesota Statutes, section 84.8715, 
 15.27  prior to June 30, 1999, is appropriated 
 15.28  in fiscal year 1999 for the repair of 
 15.29  paved public trails damaged by 
 15.30  snowmobiles.  This appropriation is 
 15.31  available until spent. 
 15.32  By January 15, 2001, the commissioner 
 15.33  shall make recommendations to the 
 15.34  governor and legislature on retaining 
 15.35  the interest earnings in accounts 
 15.36  within the natural resources fund. 
 15.37  $900,000 is to the city of St. Paul for 
 15.38  the acquisition of the portion of the 
 15.39  Trout Brook Corridor located between 
 15.40  Maryland Avenue, I-35E, Cayuga Street, 
 15.41  and Agate Street.  The lands shall be 
 15.42  acquired for the reestablishment of 
 15.43  natural habitat, as well as passive 
 15.44  recreational and environmental 
 15.45  educational opportunities.  This is a 
 15.46  one-time appropriation. 
 15.47  Subd. 7.  Fish and Wildlife Management
 15.48      46,970,000     47,675,000
 15.49                Summary by Fund
 15.50  General               8,331,000     8,046,000
 15.51  Natural Resources     2,091,000     2,132,000
 15.52  Game and Fish        36,548,000    37,497,000
 15.53  $316,000 the first year and $322,000 
 15.54  the second year are for resource 
 15.55  population surveys in the 1837 treaty 
 15.56  area.  Of this amount, $108,000 the 
 15.57  first year and $109,000 the second year 
 15.58  are from the game and fish fund. 
 16.1   $965,000 the first year and $985,000 
 16.2   the second year are from the nongame 
 16.3   wildlife management account in the 
 16.4   natural resources fund for the purpose 
 16.5   of nongame wildlife management.  Any 
 16.6   unencumbered balance remaining in the 
 16.7   first year does not cancel but is 
 16.8   available the second year. 
 16.9   $1,391,000 the first year and 
 16.10  $1,420,000 the second year are for the 
 16.11  reinvest in Minnesota programs of game 
 16.12  and fish, critical habitat, and 
 16.13  wetlands established under Minnesota 
 16.14  Statutes, section 84.95, subdivision 
 16.15  2.  Any unencumbered balance for the 
 16.16  first year does not cancel but is 
 16.17  available for use the second year. 
 16.18  $1,401,000 the first year and 
 16.19  $1,409,000 the second year are from the 
 16.20  wildlife acquisition account for only 
 16.21  the purposes specified in Minnesota 
 16.22  Statutes, section 97A.071, subdivision 
 16.23  2a. 
 16.24  $1,203,000 the first year and 
 16.25  $1,222,000 the second year are from the 
 16.26  deer habitat improvement account for 
 16.27  only the purposes specified in 
 16.28  Minnesota Statutes, section 97A.075, 
 16.29  subdivision 1, paragraph (b). 
 16.30  $147,000 the first year and $147,000 
 16.31  the second year are from the deer and 
 16.32  bear management account for only the 
 16.33  purposes specified in Minnesota 
 16.34  Statutes, section 97A.075, subdivision 
 16.35  1, paragraph (c). 
 16.36  $682,000 the first year and $691,000 
 16.37  the second year are from the waterfowl 
 16.38  habitat improvement account for only 
 16.39  the purposes specified in Minnesota 
 16.40  Statutes, section 97A.075, subdivision 
 16.41  2. 
 16.42  $658,000 the first year and $662,000 
 16.43  the second year are from the trout and 
 16.44  salmon management account for only the 
 16.45  purposes specified in Minnesota 
 16.46  Statutes, section 97A.075, subdivision 
 16.47  3. 
 16.48  $546,000 the first year and $546,000 
 16.49  the second year are from the pheasant 
 16.50  habitat improvement account for only 
 16.51  the purposes specified in Minnesota 
 16.52  Statutes, section 97A.075, subdivision 
 16.53  4.  In addition to the purposes 
 16.54  specified in Minnesota Statutes, 
 16.55  section 97A.075, subdivision 4, this 
 16.56  appropriation may be used for pheasant 
 16.57  restocking efforts. 
 16.58  $84,000 the first year and $85,000 the 
 16.59  second year are from the wild turkey 
 16.60  management account for only the 
 16.61  purposes specified in Minnesota 
 16.62  Statutes, section 97A.075, subdivision 
 16.63  5. 
 17.1   $25,000 the first year is to publicize 
 17.2   the critical habitat license plate 
 17.3   match program and $25,000 the second 
 17.4   year is to publicize the tax donation 
 17.5   checkoff to the nongame wildlife 
 17.6   program. 
 17.7   $299,000 the first year and $303,000 
 17.8   the second year are from the game and 
 17.9   fish fund for activities relating to 
 17.10  reduction and prevention of property 
 17.11  damage by wildlife.  $50,000 each year 
 17.12  is for emergency damage abatement 
 17.13  materials. 
 17.14  $100,000 the first year and $100,000 
 17.15  the second year are for water 
 17.16  monitoring activities, including 
 17.17  integrated monitoring using biology, 
 17.18  chemistry, hydrology, and habitat 
 17.19  assessment for water quality assessment.
 17.20  $25,000 is for an independent actuarial 
 17.21  study of the fee structure for lifetime 
 17.22  hunting and fishing licenses. 
 17.23  $1,565,000 the first year and 
 17.24  $1,565,000 the second year are for 
 17.25  field operation costs associated with 
 17.26  the division of wildlife and fish.  
 17.27  Eighty-five percent of this 
 17.28  appropriation must be used for regional 
 17.29  field operations.  The commissioner 
 17.30  must provide a report by February 1, 
 17.31  2000, to the legislative finance 
 17.32  committees on natural resources on how 
 17.33  and where the money for regional field 
 17.34  operations has been spent. 
 17.35  $500,000 the first year and $500,000 
 17.36  the second year are for expansion of 
 17.37  the walleye stocking program.  
 17.38  $100,000 the first year is for grants 
 17.39  for the joint development with the 
 17.40  Minnesota office of the National 
 17.41  Audobon Society to be split equally 
 17.42  between the Minnesota river valley 
 17.43  birding trail and a Mississippi river 
 17.44  valley birding trail.  The Mississippi 
 17.45  river parkway commission also shall 
 17.46  assist with the Mississippi river 
 17.47  valley birding trail.  The grants shall 
 17.48  be available to support initial 
 17.49  planning and design for the trails.  A 
 17.50  work plan for each trail must be 
 17.51  approved by the department of natural 
 17.52  resources.  The appropriation is 
 17.53  available for the biennium ending June 
 17.54  30, 2001. 
 17.55  Subd. 8.  Enforcement 
 17.56      21,856,000     22,001,000
 17.57                Summary by Fund
 17.58  General               3,874,000     3,645,000
 17.59  Natural Resources     4,596,000     4,652,000
 18.1   Game and Fish        13,286,000    13,604,000
 18.2   Solid Waste             100,000       100,000
 18.3   $1,082,000 the first year and 
 18.4   $1,082,000 the second year are from the 
 18.5   water recreation account in the natural 
 18.6   resources fund for grants to counties 
 18.7   for boat and water safety. 
 18.8   $100,000 each year is from the solid 
 18.9   waste fund for solid waste enforcement 
 18.10  activities under Minnesota Statutes, 
 18.11  section 116.073. 
 18.12  $400,000 each year from the snowmobile 
 18.13  trails and enforcement account in the 
 18.14  natural resources fund is for grants to 
 18.15  local law enforcement agencies for 
 18.16  snowmobile enforcement activities above 
 18.17  and beyond current levels of local law 
 18.18  enforcement activities. 
 18.19  $302,000 the first year is for 
 18.20  conversion to the Minnesota state 
 18.21  patrol's 800 MHz radio system in the 
 18.22  nine-county metropolitan area.  
 18.23  Overtime shall be distributed to 
 18.24  conservation officers at historical 
 18.25  levels.  If funding for enforcement is 
 18.26  reduced because of an unallotment, the 
 18.27  overtime bank may be reduced in 
 18.28  proportion to reductions made in other 
 18.29  areas of the budget. 
 18.30  $40,000 the first year and $40,000 the 
 18.31  second year are from the natural 
 18.32  resources fund for enforcement 
 18.33  activities relating to the Iron Range 
 18.34  off-highway vehicle recreation area.  
 18.35  Of the amount appropriated, $40,000 is 
 18.36  from the all-terrain vehicle account, 
 18.37  $32,000 is from the off-road vehicle 
 18.38  account, and $8,000 is from the 
 18.39  off-highway motorcycle account. 
 18.40  $130,000 the first year and $130,000 
 18.41  the second year are to continue the 
 18.42  enforcement community liaison officers 
 18.43  program. 
 18.44  If Minnesota Statutes, section 86B.415, 
 18.45  subdivision 7a, is repealed, a refund 
 18.46  of the $50 surcharge shall be issued by 
 18.47  the commissioner to any person who 
 18.48  demonstrates having paid the fee. 
 18.49  Subd. 9.  Operations Support
 18.50      32,960,000     31,464,000
 18.51                Summary by Fund
 18.52  General              20,654,000    18,948,000
 18.53  Natural Resources     3,624,000     3,704,000
 18.54  Game and Fish         8,682,000     8,812,000
 18.55  $429,000 the first year and $432,000 
 19.1   the second year are for the community 
 19.2   assistance program to provide for 
 19.3   technical assistance and regional 
 19.4   resource enhancement grants. 
 19.5   $344,000 the first year and $348,000 
 19.6   the second year are for technical 
 19.7   assistance and grants to assist local 
 19.8   government units and organizations in 
 19.9   the metropolitan area to acquire and 
 19.10  develop natural areas and greenways. 
 19.11  $50,000 each year is to maintain the 
 19.12  state parks Southeast Asian 
 19.13  environmental education program.  
 19.14  $700,000 the first year and $500,000 
 19.15  the second year are for information 
 19.16  technology projects. 
 19.17  $2,500,000 the first year and $500,000 
 19.18  the second year are for statewide asset 
 19.19  preservation and repair. 
 19.20  Electronic licensing under Minnesota 
 19.21  Statutes, section 84.027, subdivision 
 19.22  15, other than by telephone or Internet 
 19.23  transaction, may not be implemented 
 19.24  until March 1, 2000.  The commissioner 
 19.25  shall review and analyze other types of 
 19.26  licensing systems and report to the 
 19.27  house and senate environmental finance 
 19.28  committees by January 15, 2000. 
 19.29  Sec. 6.  BOARD OF WATER AND 
 19.30  SOIL RESOURCES                        18,896,000     18,228,000
 19.31  $5,480,000 the first year and 
 19.32  $5,480,000 the second year are for 
 19.33  natural resources block grants to local 
 19.34  governments.  Of this amount, $50,000 
 19.35  each year is for a grant to the North 
 19.36  Shore Management Board, $35,000 each 
 19.37  year is for a grant to the St. Louis 
 19.38  River Board, $100,000 each year is for 
 19.39  a grant to the Minnesota River Basin 
 19.40  Joint Powers Board, and $27,000 each 
 19.41  year is for a grant to the Southeast 
 19.42  Minnesota Resources Board. 
 19.43  The board shall reduce the amount of 
 19.44  the natural resource block grant to a 
 19.45  county by an amount equal to any 
 19.46  reduction in the county's general 
 19.47  services allocation to a soil and water 
 19.48  conservation district from the county's 
 19.49  1998 allocation. 
 19.50  Grants must be matched with a 
 19.51  combination of local cash or in-kind 
 19.52  contributions.  The base grant portion 
 19.53  related to water planning must be 
 19.54  matched by an amount that would be 
 19.55  raised by a levy under Minnesota 
 19.56  Statutes, section 103B.3369.  
 19.57  $4,120,000 the first year and 
 19.58  $4,120,000 the second year are for 
 19.59  grants to soil and water conservation 
 19.60  districts for cost-sharing contracts 
 19.61  for erosion control and water quality 
 20.1   management.  Of this amount, $32,000 
 20.2   the first year is for a grant to the 
 20.3   Blue Earth county soil and water 
 20.4   conservation districts for stream bank 
 20.5   stabilization on the LeSueur river 
 20.6   within the city limits of St. Clair; 
 20.7   and at least $1,500,000 the first year 
 20.8   and $1,500,000 the second year are for 
 20.9   grants for cost-sharing contracts for 
 20.10  water quality management on feedlots.  
 20.11  Priority must be given to feedlot 
 20.12  operators who have received notices of 
 20.13  violation and for feedlots in counties 
 20.14  that are conducting or have completed a 
 20.15  level 2 or level 3 feedlot inventory.  
 20.16  This appropriation is available until 
 20.17  expended.  If the appropriation in 
 20.18  either year is insufficient, the 
 20.19  appropriation in the other year is 
 20.20  available for it. 
 20.21  $189,000 the first year and $189,000 
 20.22  the second year are for grants to 
 20.23  watershed districts and other local 
 20.24  units of government in the southern 
 20.25  Minnesota river basin study area 2 for 
 20.26  floodplain management.  If the 
 20.27  appropriation in either year is 
 20.28  insufficient, the appropriation in the 
 20.29  other year is available for it. 
 20.30  $1,203,000 the first year and $450,000 
 20.31  the second year are for the 
 20.32  administrative costs of easement and 
 20.33  grant programs. 
 20.34  Any unencumbered balance in the board's 
 20.35  program of grants does not cancel at 
 20.36  the end of the first year and is 
 20.37  available for the second year for the 
 20.38  same grant program.  If the 
 20.39  appropriation in either year is 
 20.40  insufficient, the appropriation for the 
 20.41  other year is available for it. 
 20.42  Sec. 7.  MINNESOTA-WISCONSIN
 20.43  BOUNDARY AREA COMMISSION                 183,000        188,000
 20.44                Summary by Fund
 20.45  General                 150,000       154,000
 20.46  Natural Resources        33,000        34,000
 20.47  This appropriation is only available to 
 20.48  the extent it is matched by an equal 
 20.49  amount from the state of Wisconsin. 
 20.50  $33,000 the first year and $34,000 the 
 20.51  second year are from the water 
 20.52  recreation account in the natural 
 20.53  resources fund for the St. Croix 
 20.54  management and stewardship program. 
 20.55  Sec. 8.  CITIZENS COUNCIL ON 
 20.56  VOYAGEURS NATIONAL PARK                   66,000         68,000
 20.57  Sec. 9.  SCIENCE MUSEUM 
 20.58  OF MINNESOTA                            1,164,000     1,164,000
 20.59  Sec. 10.  MINNESOTA ACADEMY 
 21.1   OF SCIENCE                                41,000         41,000
 21.2   $5,000 each year is for a program to 
 21.3   provide hands on science activities for 
 21.4   elementary school children. 
 21.5   Sec. 11.  AGRICULTURE 
 21.6   Subdivision 1.  Total 
 21.7   Appropriation                         23,908,000    22,261,000
 21.8                 Summary by Fund
 21.9   General              23,572,000    21,919,000
 21.10  Environmental           336,000       342,000
 21.11  The amounts that may be spent from this 
 21.12  appropriation for each program are 
 21.13  specified in the following subdivisions.
 21.14  Subd. 2.  Protection Service 
 21.15      11,609,000     11,194,000
 21.16                Summary by Fund
 21.17  General               11,273,000   10,852,000
 21.18  Environmental            336,000      342,000
 21.19  $336,000 the first year and $342,000 
 21.20  the second year are from the 
 21.21  environmental response, compensation, 
 21.22  and compliance account in the 
 21.23  environmental fund. 
 21.24  $158,000 the first year and $158,000 
 21.25  the second year are for payment of 
 21.26  claims relating to livestock damaged by 
 21.27  threatened or endangered animal species 
 21.28  and agricultural crops damaged by elk.  
 21.29  If the appropriation for either year is 
 21.30  insufficient, the appropriation for the 
 21.31  other year is available for it. 
 21.32  $251,000 the first year and $502,000 
 21.33  the second year are for dairy 
 21.34  diagnostic teams. 
 21.35  $25,000 the first year and $25,000 the 
 21.36  second year are for activities of the 
 21.37  dairy producers board under Minnesota 
 21.38  Statutes, section 17.76.  
 21.39  $100,000 the first year is to conduct a 
 21.40  feasibility study for a joint agency 
 21.41  laboratory that will serve the 
 21.42  environmental laboratory needs of the 
 21.43  department of agriculture, department 
 21.44  of natural resources, pollution control 
 21.45  agency, and the Minnesota department of 
 21.46  health.  
 21.47  $900,000 the first year is for a grant 
 21.48  to the University of Minnesota to 
 21.49  pursue further research on diseases of 
 21.50  soybeans including, but not limited to, 
 21.51  soybean cyst nematode, white mold 
 21.52  (sclerotinia stem rot), phytophthora 
 21.53  root rot, and iron deficiency 
 22.1   chlorosis.  A portion of this 
 22.2   appropriation may be designated for 
 22.3   research on specialty gene traits of 
 22.4   soybeans. 
 22.5   $100,000 is transferred from the 
 22.6   general fund to the seed potato 
 22.7   inspection account in the agriculture 
 22.8   fund for the administration and 
 22.9   enforcement of Minnesota Statutes, 
 22.10  sections 21.80 to 21.92.  This 
 22.11  appropriation is to supplement the fees 
 22.12  paid by seed potato growers. 
 22.13  Subd. 3.  Agricultural Marketing and Development
 22.14        6,521,000      5,410,000
 22.15  Notwithstanding Minnesota Statutes, 
 22.16  section 41A.09, subdivision 3a, the 
 22.17  total payments from the ethanol 
 22.18  development account to all producers 
 22.19  may not exceed $68,447,000 for the 
 22.20  biennium ending June 30, 2001.  If the 
 22.21  total amount for which all producers 
 22.22  are eligible in a quarter exceeds the 
 22.23  amount available for payments, the 
 22.24  commissioner shall make the payments on 
 22.25  a pro rata basis.  In fiscal year 2000, 
 22.26  the commissioner shall first reimburse 
 22.27  producers for eligible unpaid claims 
 22.28  accumulated through June 30, 1999.  
 22.29  $500,000 the first year is appropriated 
 22.30  to the rural finance authority for 
 22.31  making a loan under Minnesota Statutes, 
 22.32  section 41B.044.  Principal and 
 22.33  interest payments on the loan must be 
 22.34  deposited in the ethanol development 
 22.35  account for producer payments under 
 22.36  Minnesota Statutes, section 41B.09. 
 22.37  By July 15, 1999, the commissioner 
 22.38  shall transfer the unencumbered cash 
 22.39  balance in the ethanol development fund 
 22.40  established in Minnesota Statutes, 
 22.41  section 41B.044, to the general fund. 
 22.42  $200,000 the first year is for a grant 
 22.43  from the commissioner to the Minnesota 
 22.44  Turkey Growers Association for 
 22.45  assistance to an entity that constructs 
 22.46  a facility that uses poultry litter as 
 22.47  a fuel for the generation of 
 22.48  electricity.  This amount must be 
 22.49  matched by $1 of nonstate money for 
 22.50  each dollar of state money.  This is a 
 22.51  one-time appropriation. 
 22.52  $50,000 the first year is for the 
 22.53  commissioner, in consultation with the 
 22.54  commissioner of economic development, 
 22.55  to conduct a study of the need for a 
 22.56  commercial shipping port at which 
 22.57  agricultural cooperatives or individual 
 22.58  farmers would have access to port 
 22.59  facilities.  This is a one-time 
 22.60  appropriation.  
 22.61  $71,000 the first year and $71,000 the 
 22.62  second year are for transfer to the 
 23.1   Minnesota grown matching account and 
 23.2   may be used as grants for Minnesota 
 23.3   grown promotion under Minnesota 
 23.4   Statutes, section 17.109. 
 23.5   $100,000 the first year is for a grant 
 23.6   to the University of Minnesota 
 23.7   extension service for its farm safety 
 23.8   and health program.  This is a one-time 
 23.9   appropriation. 
 23.10  $225,000 the first year and $75,000 the 
 23.11  second year are for grants to the 
 23.12  Minnesota agricultural education 
 23.13  leadership council for the planning and 
 23.14  implementation of initiatives enhancing 
 23.15  and expanding agricultural education in 
 23.16  rural and urban areas of the state.  
 23.17  Funds not used in the first year are 
 23.18  available for the second year.  This is 
 23.19  a one-time appropriation.  
 23.20  $480,000 the first year and $420,000 
 23.21  the second year are to the commissioner 
 23.22  of agriculture for programs to 
 23.23  aggressively promote, develop, expand, 
 23.24  and enhance the marketing of 
 23.25  agricultural products from Minnesota 
 23.26  producers and processors.  The 
 23.27  commissioner must enter into 
 23.28  collaborative efforts with the 
 23.29  department of trade and economic 
 23.30  development, the world trade center 
 23.31  corporation, and other public or 
 23.32  private entities knowledgeable in 
 23.33  market identification and development.  
 23.34  The commissioner may also contract with 
 23.35  or make grants to public or private 
 23.36  organizations involved in efforts to 
 23.37  enhance communication between producers 
 23.38  and markets and organizations that 
 23.39  identify, develop, and promote the 
 23.40  marketing of Minnesota agricultural 
 23.41  crops, livestock, and produce in local, 
 23.42  regional, national, and international 
 23.43  marketplaces.  Grants may be provided 
 23.44  to appropriate organizations including 
 23.45  those functioning as marketing clubs, 
 23.46  to a cooperative known as Minnesota 
 23.47  Marketplace, and to recognized 
 23.48  associations of producers or processors 
 23.49  of organic foods or Minnesota grown 
 23.50  specialty crops.  Beginning October 15, 
 23.51  1999, and 15 days after the close of 
 23.52  each calendar quarter thereafter, the 
 23.53  commissioner shall provide to the 
 23.54  senate and house committees with 
 23.55  jurisdiction over agriculture policy 
 23.56  and funding interim reports of the 
 23.57  progress toward accomplishing the goals 
 23.58  of this item.  The commissioner shall 
 23.59  deliver a final report on March 1, 
 23.60  2001.  If the appropriation for either 
 23.61  year is insufficient, the appropriation 
 23.62  for the other year is available.  This 
 23.63  is a one-time appropriation that 
 23.64  remains available until expended. 
 23.65  $60,000 the second year is for grants 
 23.66  to farmers for demonstration projects 
 23.67  involving sustainable agriculture.  If 
 24.1   a project cost is more than $25,000, 
 24.2   the amount above $25,000 must be 
 24.3   matched at the rate of one state dollar 
 24.4   for each dollar of nonstate money.  
 24.5   Priorities must be given for projects 
 24.6   involving multiple parties.  Up to 
 24.7   $20,000 each year may be used for 
 24.8   dissemination of information about the 
 24.9   demonstration grant projects.  If the 
 24.10  appropriation for either year is 
 24.11  insufficient, the appropriation for the 
 24.12  other is available. 
 24.13  $160,000 each year is for value-added 
 24.14  agricultural product processing and 
 24.15  marketing grants under Minnesota 
 24.16  Statutes, section 17.101, subdivision 5.
 24.17  $450,000 the first year and $300,000 
 24.18  the second year are for continued 
 24.19  research of solutions and alternatives 
 24.20  for manure management and odor 
 24.21  control.  This is a one-time 
 24.22  appropriation. 
 24.23  $50,000 the first year and $50,000 the 
 24.24  second year are for annual cost-share 
 24.25  payments to resident farmers for the 
 24.26  costs of organic certification.  The 
 24.27  annual cost-share payments per farmer 
 24.28  shall be two-thirds of the cost of the 
 24.29  certification or $200, whichever is 
 24.30  less.  A certified farmer is eligible 
 24.31  to receive annual certification 
 24.32  cost-share payments for up to five 
 24.33  years.  $15,000 each year is for 
 24.34  organic market and program 
 24.35  development.  This appropriation is 
 24.36  available until expended. 
 24.37  $30,000 the first year is to assess 
 24.38  producer production contracts under 
 24.39  section 205.  This appropriation is 
 24.40  available until June 30, 2001.  
 24.41  Subd. 4.  Administration and 
 24.42  Financial Assistance 
 24.43        5,778,000     5,657,000
 24.44  $175,000 the first year and $175,000 
 24.45  the second year must be spent for the 
 24.46  WIC coupon program. 
 24.47  $49,000 the first year and $49,000 the 
 24.48  second year are for family farm 
 24.49  security interest payment adjustments.  
 24.50  If the appropriation for either year is 
 24.51  insufficient, the appropriation for the 
 24.52  other year is available for it.  No new 
 24.53  loans may be approved in fiscal year 
 24.54  2000 or 2001.  
 24.55  $234,000 the first year and $236,000 
 24.56  the second year are for the farm 
 24.57  advocates program. 
 24.58  $70,000 the first year and $70,000 the 
 24.59  second year are for the Northern Crops 
 24.60  Institute.  These appropriations may be 
 24.61  spent to purchase equipment and are 
 25.1   available until spent.  
 25.2   $175,000 the first year and $175,000 
 25.3   the second year are for grants to 
 25.4   agriculture information centers.  The 
 25.5   grants are only available on a match 
 25.6   basis.  The funds may be released at 
 25.7   the rate of $4 of state money for each 
 25.8   $1 of matching nonstate money that is 
 25.9   raised.  
 25.10  $115,000 the first year and $115,000 
 25.11  the second year are for the Seaway Port 
 25.12  Authority of Duluth. 
 25.13  $19,000 the first year and $19,000 the 
 25.14  second year are for a grant to the 
 25.15  Minnesota Livestock Breeders' 
 25.16  Association. 
 25.17  $50,000 the first year and $50,000 the 
 25.18  second year are for the Passing on the 
 25.19  Farm Center under Minnesota Statutes, 
 25.20  section 17.985.  This appropriation is 
 25.21  available only to the extent matched 
 25.22  with nonstate money, including in-kind 
 25.23  contributions at the rate of one 
 25.24  nonstate dollar for every four state 
 25.25  dollars. 
 25.26  $65,000 each year is for beaver damage 
 25.27  control grants for the purposes of 
 25.28  Minnesota Statutes, section 17.110. 
 25.29  $267,000 the first year is for a pilot 
 25.30  program to expand the concept of the 
 25.31  Minnesota grown program pursuant to 
 25.32  Laws 1998, chapter 401, section 6. 
 25.33  $1,275,000 the first year and 
 25.34  $1,275,000 the second year are for an 
 25.35  electronic information management 
 25.36  system. 
 25.37  $50,000 the first year and $50,000 the 
 25.38  second year are for activities related 
 25.39  to reform of the federal milk marketing 
 25.40  orders system and for activities 
 25.41  opposing interstate dairy compacts.  If 
 25.42  the appropriation for either year is 
 25.43  insufficient, the appropriation for the 
 25.44  other year is available. 
 25.45  $15,000 the first year is for a study 
 25.46  of the business climate for dairy 
 25.47  farmers.  The study must determine the 
 25.48  impact of current trends in the dairy 
 25.49  industry on the economic, social, and 
 25.50  environmental conditions in rural 
 25.51  Minnesota and the long-term viability 
 25.52  of the dairy processing industry in 
 25.53  Minnesota.  Not later than February 15, 
 25.54  2000, the commissioner must report to 
 25.55  the legislature on a proposed strategic 
 25.56  plan to ensure the sustained viability 
 25.57  of the dairy industry in the state. 
 25.58  $125,000 the first year and $125,000 
 25.59  the second year are for the dairy 
 25.60  inspection account.  This is a one-time 
 25.61  appropriation.  By February 15, 2000, 
 26.1   the commissioner shall review the 
 26.2   fairness and equity of the fee 
 26.3   structure for dairy inspections and 
 26.4   report the findings to the legislature. 
 26.5   Sec. 12.  BOARD OF ANIMAL HEALTH       2,810,000       2,764,000
 26.6   $300,000 the first year and $200,000 
 26.7   the second year are for a program to 
 26.8   control para-tuberculosis ("Johne's 
 26.9   disease") in domestic bovine herds.  
 26.10  $40,000 the first year and $40,000 the 
 26.11  second year are for a grant to the 
 26.12  University of Minnesota college of 
 26.13  veterinary medicine to be used for 
 26.14  development and implementation of the 
 26.15  companion animal resource education 
 26.16  program, in collaboration with the 
 26.17  Minnesota extension service. 
 26.18  $118,000 each year is for a program to 
 26.19  investigate the avian pneumovirus 
 26.20  disease and to identify the infected 
 26.21  flocks. 
 26.22  Sec. 13.  MINNESOTA HORTICULTURAL 
 26.23  SOCIETY                                  82,000         82,000
 26.24  Sec. 14.  AGRICULTURAL UTILIZATION
 26.25  RESEARCH INSTITUTE                    3,830,000      4,330,000
 26.26                Summary by Fund
 26.27  General               3,630,000     4,130,000
 26.28  Special Revenue         200,000       200,000 
 26.29  The agricultural utilization research 
 26.30  institute must collaborate with the 
 26.31  commissioner of agriculture on issues 
 26.32  of market development and technology 
 26.33  transfer. 
 26.34  $200,000 the first year and $200,000 
 26.35  the second year are for hybrid tree 
 26.36  management research and development of 
 26.37  an implementation plan for establishing 
 26.38  hybrid tree plantations in the state.  
 26.39  This appropriation is available to the 
 26.40  extent matched by $2 of nonstate 
 26.41  contributions, either cash or in kind, 
 26.42  for each $1 of state money. 
 26.43  Sec. 15.  TRANSPORTATION                 200,000          -0-   
 26.44  $200,000 is for a grant to the city of 
 26.45  Savage or Scott county, or both, for 
 26.46  engineering and environmental studies 
 26.47  relating to the extension of Scott 
 26.48  county state-aid highway No. 27 in the 
 26.49  vicinity of the Savage fen wetlands 
 26.50  complex.  As a condition of this grant, 
 26.51  the recipient must submit a work 
 26.52  program and submit semiannual progress 
 26.53  reports as provided in Minnesota 
 26.54  Statutes, section 116P.05, subdivision 
 26.55  2, paragraph (c).  This is a one-time 
 26.56  appropriation. 
 26.57  Sec. 16.  MINNESOTA RESOURCES
 27.1   Subdivision 1.  Total
 27.2   Appropriation                         29,245,000     13,005,000
 27.3   All of the appropriations in this 
 27.4   section are one-time appropriations 
 27.5   unless otherwise specified. 
 27.6                 Summary by Fund
 27.7   Minnesota Future 
 27.8   Resources Fund       16,040,000        -0-  
 27.9   Environment and 
 27.10  Natural Resources 
 27.11  Trust Fund 991,000   13,005,000    13,005,000
 27.12  Great Lakes 
 27.13  Protection Account      200,000        -0-  
 27.14  Appropriations from the Minnesota 
 27.15  future resources fund and the Great 
 27.16  Lakes protection account are available 
 27.17  for either year of the biennium. 
 27.18  For appropriations from the environment 
 27.19  and natural resources trust fund, any 
 27.20  unencumbered balance remaining in the 
 27.21  first year does not cancel and is 
 27.22  available for the second year of the 
 27.23  biennium. 
 27.24  Unless otherwise provided, the amounts 
 27.25  in this section are available until 
 27.26  June 30, 2001, when projects must be 
 27.27  completed and final products delivered. 
 27.28  Subd. 2.  Definitions 
 27.29  (a) "Future resources fund" means the 
 27.30  Minnesota future resources fund 
 27.31  referred to in Minnesota Statutes, 
 27.32  section 116P.13. 
 27.33  (b) "Trust fund" means the Minnesota 
 27.34  environment and natural resources trust 
 27.35  fund referred to in Minnesota Statutes, 
 27.36  section 116P.02, subdivision 6. 
 27.37  (c) "Great Lakes protection account" 
 27.38  means the account referred to in 
 27.39  Minnesota Statutes, section 116Q.02. 
 27.40  Subd. 3.  Legislative Commission 
 27.41  on Minnesota Resources                          
 27.42         583,000        284,000 
 27.43                Summary by Fund
 27.44  Future Resources 
 27.45  Fund                    300,000        -0-    
 27.46  Trust Fund              283,000       284,000
 27.47  $300,000 is from the future resources 
 27.48  fund and $283,000 the first year and 
 27.49  $284,000 the second year are from the 
 27.50  trust fund, pursuant to Minnesota 
 27.51  Statutes, section 116P.09, subdivision 
 27.52  5.  
 28.1   Subd. 4.  Recreation 
 28.2        8,357,000      2,770,000 
 28.3                 Summary by Fund
 28.4   Future Resources 
 28.5   Fund                  5,587,000        -0- 
 28.6   Trust Fund            2,770,000     2,770,000
 28.7   (a) Local Initiatives Grants 
 28.8   Program. 
 28.9   This appropriation is to the 
 28.10  commissioner of natural resources to 
 28.11  provide matching grants, as follows:  
 28.12  (1) $1,953,000 is from the future 
 28.13  resources fund to local units of 
 28.14  government for local park and 
 28.15  recreation areas of up to $250,000 
 28.16  notwithstanding Minnesota Statutes, 
 28.17  section 85.019.  $50,000 is to complete 
 28.18  the Larue Pit Recreation Development.  
 28.19  $28,000 is to the city of Hitterdal for 
 28.20  park construction at Lake Flora.  
 28.21  $460,000 is available on the day 
 28.22  following final enactment. 
 28.23  (2) $435,000 the first year and 
 28.24  $435,000 the second year are from the 
 28.25  trust fund to local units of government 
 28.26  for natural and scenic areas pursuant 
 28.27  to Minnesota Statutes, section 85.019. 
 28.28  (3) $1,484,000 is from the future 
 28.29  resources fund for trail grants to 
 28.30  local units of government on land to be 
 28.31  maintained for at least 20 years for 
 28.32  the purposes of the grant.  $500,000 is 
 28.33  for grants of up to $50,000 per project 
 28.34  for trail linkages between communities, 
 28.35  trails, and parks, and $720,000 is for 
 28.36  grants of up to $250,000 for locally 
 28.37  funded trails of regional significance 
 28.38  outside the metropolitan area.  $50,000 
 28.39  is to the upper Minnesota River valley 
 28.40  regional development commission for the 
 28.41  preliminary design and engineering of a 
 28.42  single segment of the Minnesota River 
 28.43  trail from Appleton to the Milan Beach 
 28.44  on Lake Lac Qui Parle.  $160,000 is to 
 28.45  the Department of Natural Resources to 
 28.46  resurface four miles of recreational 
 28.47  trail from the town of Milan to Lake 
 28.48  Lac Qui Parle in Chippewa county. 
 28.49  (4) $305,000 the first year and 
 28.50  $305,000 the second year are from the 
 28.51  trust fund for a statewide conservation 
 28.52  partners program, to encourage private 
 28.53  organizations and local governments to 
 28.54  cost share improvement of fish, 
 28.55  wildlife, and native plant habitats and 
 28.56  research and surveys of fish and 
 28.57  wildlife.  Conservation partners grants 
 28.58  may be up to $20,000 each.  $10,000 is 
 28.59  for an agreement with the Canby 
 28.60  Sportsman's Club for shelterbelts for 
 28.61  habitat and erosion control. 
 29.1   (5) $100,000 the first year and 
 29.2   $100,000 the second year are from the 
 29.3   trust fund for environmental 
 29.4   partnerships program grants of up to 
 29.5   $20,000 each for environmental service 
 29.6   projects and related education 
 29.7   activities through public and private 
 29.8   partnerships. 
 29.9   In addition to the required work 
 29.10  program, grants may not be approved 
 29.11  until grant proposals to be funded have 
 29.12  been submitted to the legislative 
 29.13  commission on Minnesota resources and 
 29.14  the commission has approved the grants 
 29.15  or allowed 60 days to pass.  The 
 29.16  commission shall monitor the grants for 
 29.17  approximate balance over extended 
 29.18  periods of time between the 
 29.19  metropolitan area as defined in 
 29.20  Minnesota Statutes, section 473.121, 
 29.21  subdivision 2, and the nonmetropolitan 
 29.22  area through work program oversight and 
 29.23  periodic allocation decisions.  For the 
 29.24  purpose of this paragraph, the match 
 29.25  must be nonstate contributions, but may 
 29.26  be either cash or in-kind.  Recipients 
 29.27  may receive funding for more than one 
 29.28  project in any given grant period.  
 29.29  This appropriation is available until 
 29.30  June 30, 2002, at which time the 
 29.31  project must be completed and final 
 29.32  products delivered, unless an earlier 
 29.33  date is specified in the work program.  
 29.34  If a project financed under this 
 29.35  program receives a federal grant, the 
 29.36  availability of the financing from this 
 29.37  subdivision for that project is 
 29.38  extended to equal the period of the 
 29.39  federal grant. 
 29.40  (b) Mesabi Trail Land 
 29.41  Acquisition and 
 29.42  Development - Continuation               
 29.43  $1,000,000 is from the future resources 
 29.44  fund to the commissioner of natural 
 29.45  resources for an agreement with St. 
 29.46  Louis and Lake Counties Regional Rail 
 29.47  Authority for the fourth biennium to 
 29.48  develop and acquire segments of the 
 29.49  Mesabi trail and procure design and 
 29.50  engineering for trail heads and 
 29.51  enhancements.  This appropriation must 
 29.52  be matched by at least $1,000,000 of 
 29.53  nonstate money.  This appropriation is 
 29.54  available until June 30, 2002, at which 
 29.55  time the project must be completed and 
 29.56  final products delivered, unless an 
 29.57  earlier date is specified in the work 
 29.58  program. 
 29.59  (c) Kabetogama to Ash River 
 29.60  Community Trail System                    
 29.61  $100,000 is from the future resources 
 29.62  fund to the commissioner of natural 
 29.63  resources for an agreement with 
 29.64  Kabetogama Lake Association in 
 29.65  cooperation with the National Park 
 29.66  Service for trail construction linking 
 30.1   Lake Kabetogama, Ash River, and 
 30.2   Voyageurs National Park.  This 
 30.3   appropriation must be matched by at 
 30.4   least $100,000 of nonstate money. 
 30.5   This appropriation is available until 
 30.6   June 30, 2002, at which time the 
 30.7   project must be completed and final 
 30.8   products delivered, unless an earlier 
 30.9   date is specified in the work program. 
 30.10  (d) Mesabi Trail 
 30.11  Connection                                 
 30.12  $80,000 is from the future resources 
 30.13  fund to the commissioner of natural 
 30.14  resources for an agreement with the 
 30.15  East Range Joint Powers Board to 
 30.16  develop trail connections to the Mesabi 
 30.17  Trail with the communities of Aurora, 
 30.18  Hoyt Lakes, and White.  This 
 30.19  appropriation must be matched by at 
 30.20  least $80,000 of nonstate money.  This 
 30.21  appropriation is available until June 
 30.22  30, 2002, at which time the project 
 30.23  must be completed and final products 
 30.24  delivered, unless an earlier date is 
 30.25  specified in the work program. 
 30.26  (e) Dakota County 
 30.27  Bikeway Mapping                            
 30.28  $15,000 is from the future resources 
 30.29  fund to the metropolitan council for an 
 30.30  agreement with Dakota county to cost 
 30.31  share the integration of digital 
 30.32  elevation information in the Dakota 
 30.33  county geographic information system 
 30.34  database with trail and bikeway routes 
 30.35  and develop maps for trail and bikeway 
 30.36  users. 
 30.37  (f) Mississippi Riverfront 
 30.38  Trail and Access                        
 30.39  $155,000 is from the future resources 
 30.40  fund to the commissioner of natural 
 30.41  resources for an agreement with the 
 30.42  city of Hastings to acquire and restore 
 30.43  the public access area and to complete 
 30.44  the connecting riverfront trail from 
 30.45  the public access to lock and dam 
 30.46  number two adjacent to Lake Rebecca.  
 30.47  This appropriation must be matched by 
 30.48  at least $155,000 of nonstate money. 
 30.49  (g) Management and Restoration 
 30.50  of Natural Plant Communities 
 30.51  on State Trails                          
 30.52  $75,000 the first year and $75,000 the 
 30.53  second year are from the trust fund to 
 30.54  the commissioner of natural resources 
 30.55  to manage and restore natural plant 
 30.56  communities along state trails under 
 30.57  Minnesota Statutes, section 85.015 
 30.58  (h) Gitchi-Gami State Trail               
 30.59  $275,000 the first year and $275,000 
 30.60  the second year are from the trust fund 
 31.1   to the commissioner of natural 
 31.2   resources for construction of the 
 31.3   Gitchi-Gami state trail through Split 
 31.4   Rock State Park.  The commissioner must 
 31.5   submit grant requests for supplemental 
 31.6   funding for federal TEA-21 money in 
 31.7   eligible categories and report the 
 31.8   results to the legislative commission 
 31.9   on Minnesota resources.  All segments 
 31.10  of the trail must become part of the 
 31.11  state trail system.  This appropriation 
 31.12  is available until June 30, 2002, at 
 31.13  which time the project must be 
 31.14  completed and final products delivered, 
 31.15  unless an earlier date is specified in 
 31.16  the work program. 
 31.17  (i) State Park and Recreation 
 31.18  Area Acquisition, Development, 
 31.19  Betterment, and Rehabilitation          
 31.20  $500,000 the first year and $500,000 
 31.21  the second year are from the trust fund 
 31.22  to the commissioner of natural 
 31.23  resources as follows:  (1) for state 
 31.24  park and recreation area acquisition, 
 31.25  $500,000; and (2) for state park and 
 31.26  recreation area development, 
 31.27  rehabilitation, and resource 
 31.28  management, $500,000, unless otherwise 
 31.29  specified in the approved work 
 31.30  program.  The use of the Minnesota 
 31.31  conservation corps is encouraged.  The 
 31.32  commissioner must submit grant requests 
 31.33  for supplemental funding for federal 
 31.34  TEA-21 money in eligible categories and 
 31.35  report the results to the legislative 
 31.36  commission on Minnesota resources.  
 31.37  This appropriation is available until 
 31.38  June 30, 2002, at which time the 
 31.39  project must be completed and final 
 31.40  products delivered, unless an earlier 
 31.41  date is specified in the work program. 
 31.42  (j) Fort Snelling State Park;
 31.43  Upper Bluff Implementation -
 31.44  Continuation  
 31.45  $50,000 the first year and $50,000 the 
 31.46  second year are from the trust fund to 
 31.47  the commissioner of natural resources 
 31.48  to implement the utilization plan for 
 31.49  the Upper Bluff area of Fort Snelling 
 31.50  Park.  
 31.51  (k) Interpretive Boat 
 31.52  Tours of Hill Annex 
 31.53  Mine State Park                           
 31.54  $30,000 the first year and $30,000 the 
 31.55  second year are from the trust fund to 
 31.56  the commissioner of natural resources 
 31.57  to add interpretive boat excursion 
 31.58  tours of the mine.  The project will 
 31.59  include purchase and equipping of a 
 31.60  craft and development of a landing area.
 31.61  (l) Metropolitan Regional Parks 
 31.62  Acquisition, Rehabilitation, 
 31.63  and Development                       
 32.1   $1,000,000 the first year and 
 32.2   $1,000,000 the second year are from the 
 32.3   trust fund to the metropolitan council 
 32.4   for subgrants for acquisition, 
 32.5   development, and rehabilitation in the 
 32.6   metropolitan regional park system, 
 32.7   consistent with the metropolitan 
 32.8   council regional recreation open space 
 32.9   capital improvement plan.  This 
 32.10  appropriation may be used for the 
 32.11  purchase of homes only if the purchases 
 32.12  are expressly included in the work 
 32.13  program approved by the legislative 
 32.14  commission on Minnesota resources.  The 
 32.15  metropolitan council shall collect and 
 32.16  digitize all local, regional, state, 
 32.17  and federal parks and all off-road 
 32.18  trails with connecting on-road routes 
 32.19  for the metropolitan area and produce a 
 32.20  printed map that is available to the 
 32.21  public.  This appropriation is 
 32.22  available until June 30, 2002, at which 
 32.23  time the project must be completed and 
 32.24  final products delivered, unless an 
 32.25  earlier date is specified in the work 
 32.26  program. 
 32.27  (m) Como Park Campus Maintenance 
 32.28  $500,000 is from the future resources 
 32.29  fund to the department of finance for a 
 32.30  grant to the city of St. Paul for a 
 32.31  subsidy for the maintenance and repair 
 32.32  of live plant and animal exhibits for 
 32.33  the zoo and the conservatory at the 
 32.34  Como Park campus. 
 32.35  (n) Luce Line Trail 
 32.36  Connection Through 
 32.37  Wirth Park 
 32.38  $300,000 the first year is from the 
 32.39  future resources fund to the 
 32.40  metropolitan council for an agreement 
 32.41  with the Minneapolis Park and 
 32.42  Recreation Board to complete the 
 32.43  construction of a bicycle and 
 32.44  pedestrian trail link through Wirth 
 32.45  Park to connect the Minneapolis 
 32.46  Regional Trail System with the Luce 
 32.47  Line State Trail.  This appropriation 
 32.48  must be matched by at least $300,000 of 
 32.49  nonstate money.  This appropriation is 
 32.50  available until June 30, 2002, at which 
 32.51  time the project must be completed and 
 32.52  final products delivered, unless an 
 32.53  earlier date is specified in the work 
 32.54  program. 
 32.55  Subd. 5.  Historic
 32.56         477,000        213,000 
 32.57                Summary by Fund
 32.58  Future Resources 
 32.59  Fund                    265,000        -0-    
 32.60  Trust Fund              212,000       213,000
 32.61  (a) Using National Register 
 33.1   Properties to Interpret 
 33.2   Minnesota History                          
 33.3   $90,000 is from the future resources 
 33.4   fund to the Minnesota Historical 
 33.5   Society to create interactive, 
 33.6   mini-documentaries in Internet format 
 33.7   using the National Register properties 
 33.8   to interpret selected themes in 
 33.9   Minnesota history. 
 33.10  (b) Historic Site Land 
 33.11  Acquisition                               
 33.12  $87,000 the first year and $88,000 the 
 33.13  second year are from the trust fund to 
 33.14  the Minnesota Historical Society to 
 33.15  purchase land adjacent to the Lower 
 33.16  Sioux Agency, Jeffers Petroglyphs, and 
 33.17  Oliver Kelley Farm sites to protect the 
 33.18  historic resources.  Allocation of 
 33.19  dollars between the three sites shall 
 33.20  be determined based on the willingness 
 33.21  of sellers and reasonable purchase 
 33.22  prices at the respective sites.  This 
 33.23  appropriation is available until June 
 33.24  30, 2002, at which time the project 
 33.25  must be completed and final products 
 33.26  delivered, unless an earlier date is 
 33.27  specified in the work program. 
 33.28  (c) Gibbs Farm Museum 
 33.29  Interpretation                           
 33.30  $150,000 is from the future resources 
 33.31  fund to the Minnesota Historical 
 33.32  Society for an agreement with Ramsey 
 33.33  County Historical Society to build and 
 33.34  furnish replica structures of historic 
 33.35  lifestyles and land use of the Dakota 
 33.36  and pioneers. 
 33.37  (d) Traverse des Sioux 
 33.38  Site Development                         
 33.39  $125,000 the first year and 125,000 the 
 33.40  second year are from the trust fund to 
 33.41  the Minnesota Historical Society to 
 33.42  improve public access to state historic 
 33.43  site Traverse des Sioux including 
 33.44  trails, interpretive markers, and basic 
 33.45  visitor amenities. 
 33.46  (e) Old Wadena Historic 
 33.47  Site Development                           
 33.48  $25,000 is from the future resources 
 33.49  fund to the Minnesota Historical 
 33.50  Society for an agreement with Wah De 
 33.51  Nah Historic and Environmental Learning 
 33.52  Project to develop a footbridge, 
 33.53  archaeological survey, and educational 
 33.54  programs.  This appropriation must be 
 33.55  matched by at least $6,000 of nonstate 
 33.56  money. 
 33.57  Subd. 6.  Water Quality
 33.58       2,270,000        730,000
 33.59                Summary by Fund
 34.1   Future Resources 
 34.2   Fund                  1,540,000        -0-  
 34.3   Trust Fund              730,000       730,000
 34.4   (a) On-Site Sewage Treatment 
 34.5   Alternatives; Performance, 
 34.6   Outreach and 
 34.7   Demonstration - Continuation              
 34.8   $275,000 the first year and $275,000 
 34.9   the second year are from the trust fund 
 34.10  to the commissioner of the pollution 
 34.11  control agency for the third biennium 
 34.12  to monitor previously built test sites 
 34.13  for pathogen removal and other 
 34.14  parameters for indicators of treatment 
 34.15  efficiency, to determine maintenance 
 34.16  needs and system longevity, and to 
 34.17  pursue the establishment of cooperative 
 34.18  demonstration projects. 
 34.19  (b) Identification of Sediment 
 34.20  Sources in Agricultural 
 34.21  Watersheds                                 
 34.22  $175,000 the first year and $175,000 
 34.23  the second year are from the trust fund 
 34.24  to the Science Museum of Minnesota to 
 34.25  quantify the contribution of streambank 
 34.26  erosion versus overland erosion sources 
 34.27  to riverine suspended sediment 
 34.28  concentrations.  This appropriation 
 34.29  must be matched by at least $90,000 of 
 34.30  nonstate money. 
 34.31  (c) Accelerated Statewide 
 34.32  Local Water Plan 
 34.33  Implementation                           
 34.34  $1,000,000 is from the future resources 
 34.35  fund to the board of water and soil 
 34.36  resources to accelerate the local water 
 34.37  planning challenge grant program under 
 34.38  Minnesota Statutes, section 103B.3361, 
 34.39  to assist in the implementation of high 
 34.40  priority activities in comprehensive 
 34.41  water management plans on a cost-share 
 34.42  basis.  $140,000 is to St. Louis county 
 34.43  to inventory and evaluate existing 
 34.44  sewage treatment systems.  $75,000 is 
 34.45  to the Whitefish Area Property Owners 
 34.46  Association in cooperation with Crow 
 34.47  Wing county to inspect all lakeshore 
 34.48  properties on the Whitefish chain of 
 34.49  lakes for conformance with septic 
 34.50  system requirements.  $50,000 is to 
 34.51  Chisago county to develop sustainable 
 34.52  wastewater treatment alternatives which 
 34.53  must be matched by at least $30,000 of 
 34.54  nonstate money. 
 34.55  (d) Tracking Sources of Fecal 
 34.56  Pollution Using DNA Techniques            
 34.57  $150,000 the first year and $150,000 
 34.58  the second year are from the trust fund 
 34.59  to the University of Minnesota to 
 34.60  define sources of fecal pollution in 
 34.61  waters. 
 35.1   (e) Groundwater Flow in the 
 35.2   Prairie du Chien Aquifer                  
 35.3   $55,000 the first year and $55,000 the 
 35.4   second year are from the trust fund to 
 35.5   the University of Minnesota to 
 35.6   characterize groundwater flow within 
 35.7   the Prairie du Chien Formation. 
 35.8   (f) Lake Minnetonka Citizens'
 35.9   Monitoring and Education 
 35.10  Network  
 35.11  $40,000 is from the future resources 
 35.12  fund to the commissioner of natural 
 35.13  resources for an agreement with the 
 35.14  Lake Minnetonka Association to begin 
 35.15  volunteer network training and 
 35.16  education for a comprehensive 
 35.17  monitoring program.  This appropriation 
 35.18  must be matched by at least $20,000 of 
 35.19  nonstate money. 
 35.20  (g) Erosion Impacts on the 
 35.21  Cannon Valley Big Woods                   
 35.22  $75,000 the first year and $75,000 the 
 35.23  second year are from the trust fund to 
 35.24  the University of Minnesota in 
 35.25  cooperation with the Big Woods Project 
 35.26  to determine historical and future 
 35.27  effects of land practices on soil 
 35.28  erosion levels and develop land 
 35.29  management tools in the big woods 
 35.30  ecosystem in Rice county. 
 35.31  (h) City of the Lakes Flood 
 35.32  Mitigation and Gravity Flow Stream System
 35.33  $500,000 the first year is from the 
 35.34  future resources fund to the 
 35.35  metropolitan council for an agreement 
 35.36  with the Minneapolis Park and 
 35.37  Recreation Board.  Up to $250,000 is to 
 35.38  complete construction of the gravity 
 35.39  flow stream connection between Lake 
 35.40  Calhoun and Lake Harriet to improve 
 35.41  lakewater quality and equalize water 
 35.42  levels in the chain of lakes.  At least 
 35.43  $250,000 the first year is for flood 
 35.44  mitigation, shoreland stabilization, 
 35.45  design and engineering, and wetland 
 35.46  replacement at Lake of the Isles.  The 
 35.47  appropriation for the gravity flow 
 35.48  stream connection project must be 
 35.49  matched by sufficient nonstate money to 
 35.50  complete the project. 
 35.51  Subd. 7.  Agriculture and Natural
 35.52  Resource Based Industries
 35.53       4,818,000      1,282,000 
 35.54                Summary by Fund
 35.55  Future Resources
 35.56  Fund                  3,535,000        -0-    
 35.57  Trust Fund            1,283,000     1,282,000
 35.58  (a) Green Forest 
 36.1   Certification Project                    
 36.2   $75,000 the first year and $75,000 the 
 36.3   second year are from the trust fund to 
 36.4   the commissioner of natural resources 
 36.5   for an agreement with the Institute for 
 36.6   Agriculture and Trade Policy to certify 
 36.7   foresters and to evaluate private 
 36.8   forest lands for green certification. 
 36.9   (b) Accelerated Transfer of New 
 36.10  Forest - Research Findings                
 36.11  $58,000 the first year and $57,000 the 
 36.12  second year are from the trust fund to 
 36.13  the University of Minnesota to 
 36.14  accelerate educational programming by 
 36.15  the sustainable forest education 
 36.16  cooperative on the practical 
 36.17  application of landscape-level analysis 
 36.18  in site-level forest management. 
 36.19  (c) Minnesota Wildlife 
 36.20  Tourism Initiative                       
 36.21  $125,000 the first year and $125,000 
 36.22  the second year are from the trust fund 
 36.23  to the commissioner of natural 
 36.24  resources to develop, implement, and 
 36.25  evaluate a project focusing on wildlife 
 36.26  tourism as a sustainable industry in 
 36.27  Minnesota in cooperation with the 
 36.28  office of tourism. 
 36.29  (d) Integrated Prairie 
 36.30  Management                               
 36.31  $175,000 the first year and $175,000 
 36.32  the second year are from the trust fund 
 36.33  to the commissioner of natural 
 36.34  resources for an agreement with the 
 36.35  University of Minnesota and Clay county 
 36.36  in a cooperative project for an 
 36.37  aggregate resource inventory on public 
 36.38  lands, prairie restoration and 
 36.39  research, and stewardship plans for 
 36.40  management options.  This appropriation 
 36.41  is available until June 30, 2002, at 
 36.42  which time the project must be 
 36.43  completed and final products delivered, 
 36.44  unless an earlier date is specified in 
 36.45  the work program. 
 36.46  (e) Improved Agricultural Systems 
 36.47  Overlying Sensitive Aquifers 
 36.48  in Southwestern Minnesota                
 36.49  $200,000 is from the future resources 
 36.50  fund to the commissioner of agriculture 
 36.51  for an agreement with the University of 
 36.52  Minnesota, Southwest Experiment 
 36.53  Station, to provide technical support, 
 36.54  research, systems evaluation, and 
 36.55  advisory teams to protect sensitive 
 36.56  alluvial aquifers threatened by nitrate 
 36.57  contamination in southwest Minnesota. 
 36.58  (f) Diversifying Agriculture for
 36.59  Environmental, Economic, and Social Benefits
 36.60  $200,000 the first year and $200,000 
 37.1   the second year are from the trust fund 
 37.2   to the University of Minnesota to 
 37.3   research new plant materials and crop 
 37.4   management systems for diversification. 
 37.5   (g) Minnesota River Basin 
 37.6   Initiative; Local Leadership  
 37.7   $150,000 the first year and $150,000 
 37.8   the second year are from the trust fund 
 37.9   to the board of water and soil 
 37.10  resources for a cost share agreement 
 37.11  with the Minnesota River Basin Joint 
 37.12  Powers Board for landscape planning and 
 37.13  demonstration, and restoration and 
 37.14  management projects for the Minnesota 
 37.15  River on a cost-share basis. 
 37.16  (h) Commercial Fertilizer Plant 
 37.17  for Livestock Solid Waste 
 37.18  Processing                             
 37.19  $400,000 is from the future resources 
 37.20  fund to the agricultural utilization 
 37.21  research institute for an agreement 
 37.22  with AquaCare International, Inc. to 
 37.23  establish a commercial grade fertilizer 
 37.24  plant that will enhance and process 
 37.25  animal wastewater solids through 
 37.26  micronization technology.  This 
 37.27  appropriation must be matched by at 
 37.28  least $425,000 of nonstate money.  As a 
 37.29  condition of receiving this 
 37.30  appropriation, AquaCare International, 
 37.31  Inc. must agree to pay to the state a 
 37.32  royalty.  Notwithstanding Minnesota 
 37.33  Statutes, section 116P.10, the royalty 
 37.34  must be two percent of gross revenues 
 37.35  accruing to AquaCare International, 
 37.36  Inc. from this application of 
 37.37  micronization technology.  Receipts 
 37.38  from the royalty must be credited to 
 37.39  the fund. 
 37.40  (i) Preservation of Native 
 37.41  Wild Rice Resource                      
 37.42  $200,000 is from the future resources 
 37.43  fund to the commissioner of natural 
 37.44  resources for an agreement with Leech 
 37.45  Lake Reservation to analyze critical 
 37.46  factors in different northern rice 
 37.47  habitats and determine methods to 
 37.48  preserve the natural diversity of wild 
 37.49  rice.  This appropriation must be 
 37.50  matched by at least $45,000 of nonstate 
 37.51  money. 
 37.52  (j) Wild Rice Management 
 37.53  Planning                                  
 37.54  $200,000 is from the future resources 
 37.55  fund to the commissioner of natural 
 37.56  resources for an agreement with the 
 37.57  Boise Forte Band of Chippewa to develop 
 37.58  databases and management plans for 
 37.59  northern wild rice lakes.  This 
 37.60  appropriation must be matched by at 
 37.61  least $20,000 of nonstate money. 
 37.62  (k) Mesabi Iron Range, 
 38.1   Water and Mineral Resource 
 38.2   Planning                                  
 38.3   $200,000 the first year and $200,000 
 38.4   the second year are from the trust fund 
 38.5   to the commissioner of natural 
 38.6   resources.  $125,000 the first year and 
 38.7   $125,000 the second year are from the 
 38.8   trust fund to the University of 
 38.9   Minnesota to develop and assemble 
 38.10  essential data on stockpile composition 
 38.11  and ownership, complete hydrogeologic 
 38.12  base maps, site and design an overflow 
 38.13  outlet, and distribute results to local 
 38.14  government and industry.  This project 
 38.15  is to be coordinated by the Range 
 38.16  Association of Municipalities and 
 38.17  Schools.  This appropriation is 
 38.18  available until June 30, 2002, at which 
 38.19  time the project must be completed and 
 38.20  final products delivered, unless an 
 38.21  earlier date is specified in the work 
 38.22  program. 
 38.23  (l) Sustainable Aquaculture 
 38.24  Development in Minnesota                 
 38.25  $130,000 is from the future resources 
 38.26  fund to the commissioner of agriculture 
 38.27  in cooperation with the University of 
 38.28  Minnesota to develop, demonstrate, and 
 38.29  evaluate prototypes of aquaponic 
 38.30  systems that operate in an urban 
 38.31  environment and use a combination of 
 38.32  aquacultural and hydroponic techniques 
 38.33  to produce fish and plants for human 
 38.34  consumption.  $55,000 is from the 
 38.35  future resources fund to the 
 38.36  commissioner of agriculture in 
 38.37  cooperation with the MinAqua Fisheries 
 38.38  Cooperative, with assistance from the 
 38.39  University of Minnesota, for the 
 38.40  purchase, operation, and demonstration 
 38.41  of ozonation equipment for water 
 38.42  treatment and conditioning in large 
 38.43  recirculating aquaculture systems.  
 38.44  These appropriations are available 
 38.45  until June 30, 2002, at which time the 
 38.46  project must be completed and final 
 38.47  products delivered, unless an earlier 
 38.48  date is specified in the work program.  
 38.49  As a condition of receiving this 
 38.50  appropriation, MinAqua Fisheries 
 38.51  Cooperative must agree to pay to the 
 38.52  state a royalty.  Notwithstanding 
 38.53  Minnesota Statutes, section 116P.10, 
 38.54  the royalty must be two percent of the 
 38.55  gross revenues accruing to MinAqua 
 38.56  Fisheries Cooperative from this 
 38.57  application of ozonation technology.  
 38.58  Receipts from the royalty must be 
 38.59  credited to the fund. 
 38.60  (m) Sustainable Farming 
 38.61  Systems - Continuation                    
 38.62  $350,000 is from the future resources 
 38.63  fund to the University of Minnesota, 
 38.64  Minnesota Institute for Sustainable 
 38.65  Agriculture, for on-farm and experiment 
 38.66  station research, documentation and 
 39.1   dissemination of information on 
 39.2   alternative farm practices in order to 
 39.3   integrate recent scientific advances, 
 39.4   improve farm efficiencies, promote 
 39.5   profitability, and to enhance 
 39.6   environmental quality. 
 39.7   (n) Economic Analysis of 
 39.8   Agriculture for Multiple 
 39.9   Benefits  
 39.10  $200,000 is from the future resources 
 39.11  fund to the commissioner of agriculture 
 39.12  for an agreement with the Land 
 39.13  Stewardship Project to evaluate 
 39.14  economic and environmental benefits 
 39.15  from current and future agricultural 
 39.16  production. 
 39.17  (o) Nonwood Agricultural Fibers 
 39.18  and Industrial Hemp for Pulp 
 39.19  and Paper Manufacture  
 39.20  $200,000 is from the future resources 
 39.21  fund to the University of Minnesota to 
 39.22  investigate the feasibility of various 
 39.23  agricultural pulp markets in the 
 39.24  development of small scale pulp mills 
 39.25  in the agricultural regions of the 
 39.26  state. 
 39.27  (p) Sustainable Livestock 
 39.28  Systems                                   
 39.29  $350,000 is from the future resources 
 39.30  fund to the commissioner of agriculture 
 39.31  for an agreement with the University of 
 39.32  Minnesota, West Central Experiment 
 39.33  Station, for on-farm research and 
 39.34  education programs to support small- to 
 39.35  moderate-scale farms through whole farm 
 39.36  planning and monitoring of forage-based 
 39.37  livestock systems. 
 39.38  (q) Forest Wildlife Biologist 
 39.39  for Ruffed Grouse                       
 39.40  $1,000,000 is from the future resources 
 39.41  fund to the commissioner of natural 
 39.42  resources for an agreement with the 
 39.43  Ruffed Grouse Society, Inc. to fund a 
 39.44  position and related costs for a forest 
 39.45  wildlife biologist employed by the 
 39.46  society that will provide technical 
 39.47  assistance to public and private 
 39.48  landowners for improved ruffed grouse 
 39.49  habitat and related forest wildlife 
 39.50  conservation.  The activity funded by 
 39.51  this appropriation must be done in 
 39.52  collaboration with institutes of higher 
 39.53  learning and state agencies.  The 
 39.54  amounts of this appropriation made 
 39.55  available in each fiscal year must not 
 39.56  exceed those stated in the work 
 39.57  program.  As a condition of receiving 
 39.58  this appropriation, the society must 
 39.59  demonstrate that it has created a 
 39.60  private endowment to fund this position 
 39.61  and related costs with nonstate money 
 39.62  after this appropriation has been 
 39.63  spent.  The society must demonstrate 
 40.1   that it has a sound financial plan to 
 40.2   increase the principal of the endowment 
 40.3   to at least $1,000,000 of nonstate 
 40.4   money by January 1, 2000, and to 
 40.5   $2,000,000 of nonstate money by June 
 40.6   30, 2007.  The work program must 
 40.7   provide that failure of the society to 
 40.8   meet the goals of the financial plan on 
 40.9   time will cause further payments from 
 40.10  this appropriation to be withheld until 
 40.11  the goals are met.  This appropriation 
 40.12  is available until June 30, 2007, at 
 40.13  which time the project must be 
 40.14  completed and final products delivered, 
 40.15  unless an earlier date is specified in 
 40.16  the work program. 
 40.17  (r) Organic Farming 
 40.18  Training Project                          
 40.19  $175,000 the first year and $175,000 
 40.20  the second year are from the trust fund 
 40.21  to the commissioner of agriculture for 
 40.22  an agreement with the Minnesota Food 
 40.23  Association in cooperation with the 
 40.24  Midwest Organic Alliance to recruit and 
 40.25  train new immigrant and conventional 
 40.26  farmers in sustainable and organic 
 40.27  methods utilizing a mentoring approach. 
 40.28  (s) Construction and Demolition 
 40.29  Waste Abatement 
 40.30  Demonstration Project                     
 40.31  $250,000 is from the future resources 
 40.32  fund to the director of the office of 
 40.33  environmental assistance for an 
 40.34  agreement with the Green Institute to 
 40.35  field test building salvage strategies, 
 40.36  expanding markets for salvaged 
 40.37  materials, and creating a 
 40.38  community-based enterprise model. 
 40.39  Subd. 8.  Urbanization Impacts 
 40.40         973,000        400,000 
 40.41                Summary by Fund
 40.42  Future Resources 
 40.43  Fund                    573,000        -0-    
 40.44  Trust Fund              400,000       400,000
 40.45  (a) Resources for Redevelopment:  
 40.46  A Community Property 
 40.47  Investigation Program                     
 40.48  $100,000 is from the future resources 
 40.49  fund to the pollution control agency 
 40.50  for an agreement with the Minnesota 
 40.51  Environmental Initiative to assess 
 40.52  environmental contamination in up to 
 40.53  sixteen brownfield sites statewide on a 
 40.54  cost-share basis for each site in order 
 40.55  to promote property redevelopment by 
 40.56  community nonprofit organizations. 
 40.57  (b) Tools and Training for 
 40.58  Community-Based Planning  
 41.1   $225,000 the first year and $225,000 
 41.2   the second year are from the trust fund 
 41.3   to the office of strategic and 
 41.4   long-range planning to develop 
 41.5   software, data, and training for local 
 41.6   government planning for delivery of 
 41.7   state geographic information systems 
 41.8   data and models for social and 
 41.9   environmental decision making. 
 41.10  (c) Protecting Dakota County 
 41.11  Farmland and Natural Areas                
 41.12  $100,000 the first year and $100,000 
 41.13  the second year are from the trust fund 
 41.14  to the commissioner of natural 
 41.15  resources for an agreement with Dakota 
 41.16  county to inventory and identify unique 
 41.17  farmland and natural areas and to 
 41.18  protect land through conservation 
 41.19  easements. 
 41.20  (d) Urban Corridor Design               
 41.21  $400,000 is from the future resources 
 41.22  fund to the University of Minnesota to 
 41.23  develop sustainability designs for 
 41.24  selected urban corridors.  One project 
 41.25  must be inside the metropolitan area 
 41.26  and one project must be outside the 
 41.27  metropolitan area. 
 41.28  (e) Conservation-Based Development 
 41.29  Program                                   
 41.30  $75,000 the first year and $75,000 the 
 41.31  second year are from the trust fund to 
 41.32  the commissioner of natural resources 
 41.33  for an agreement with the Minnesota 
 41.34  Land Trust to design four model 
 41.35  developments and acquire conservation 
 41.36  easements within new developments that 
 41.37  enhance the natural, rural landscape. 
 41.38  This appropriation must be matched by 
 41.39  at least $65,000 of nonstate money. 
 41.40  (f) Chisago Lakes Outlet
 41.41  Channel Project                         
 41.42  $40,000 is from the future resources 
 41.43  fund to the commissioner of natural 
 41.44  resources for an agreement with Chisago 
 41.45  county to complete the final 
 41.46  construction phase of the outlet 
 41.47  channel at Chisago Lakes.  This 
 41.48  appropriation must be matched by at 
 41.49  least $50,000 of nonstate money. 
 41.50  (g) Blufflands Implementation 
 41.51  $33,000 the first year is from the 
 41.52  future resources fund to the 
 41.53  commissioner of natural resources for 
 41.54  an agreement with Winona county to 
 41.55  implement land protection 
 41.56  recommendations in the blufflands 
 41.57  design manual. 
 41.58  Subd. 9.  Innovations in Energy
 41.59  and Transportation 
 42.1          263,000         62,000
 42.2                 Summary by Fund
 42.3   Future Resources
 42.4   Fund                    200,000        -0-  
 42.5   Trust Fund               63,000        62,000
 42.6   (a) Ice Arena Design for Efficiency
 42.7   and Air Quality - Continuation 
 42.8   $100,000 is from the future resources 
 42.9   fund to the amateur sports commission 
 42.10  for an agreement with the Center for 
 42.11  Energy and Environment in cooperation 
 42.12  with the department of health to 
 42.13  enhance energy efficiency and assure 
 42.14  indoor air quality in new and existing 
 42.15  ice arenas in Minnesota technical 
 42.16  assistance and energy audits. 
 42.17  (b) Promoting High Efficiency
 42.18  Cogeneration 
 42.19  $100,000 is from the future resources 
 42.20  fund to the office of strategic and 
 42.21  long-range planning and the Minnesota 
 42.22  environmental quality board to develop 
 42.23  a statewide inventory of potential 
 42.24  cogeneration sites and a regulatory 
 42.25  guidance manual. 
 42.26  (c) Evaluate Biodiesel Made From
 42.27  Waste Fats and Oils 
 42.28  $63,000 the first year and $62,000 the 
 42.29  second year are from the trust fund to 
 42.30  the commissioner of agriculture in 
 42.31  cooperation with the Minnesota Soybean 
 42.32  Growers Association to produce a diesel 
 42.33  fuel from soybeans and waste cooking 
 42.34  oils and greases, for laboratory 
 42.35  evaluation of the fuel for particulates 
 42.36  and engine power, and for trial in 
 42.37  light-duty vehicles.  The appropriation 
 42.38  must be matched by at least $50,000 of 
 42.39  nonstate money. 
 42.40  Subd. 10.  Decision-Making Tools 
 42.41       1,000,000        705,000
 42.42                Summary by Fund
 42.43  Future Resources
 42.44  Fund                    295,000        -0-  
 42.45  Trust Fund              705,000       705,000
 42.46  (a) Goodhue County Natural Resources
 42.47  Inventory and Management Plan 
 42.48  $75,000 is from the future resources 
 42.49  fund to the board of water and soil 
 42.50  resources for an agreement with Goodhue 
 42.51  county to inventory, evaluate, and 
 42.52  describe natural resources and create a 
 42.53  geographic information system-based map 
 42.54  and database.  The appropriation must 
 42.55  be matched by at least $50,000 of 
 43.1   nonstate money. 
 43.2   (b) Public Access to Mineral 
 43.3   Knowledge  
 43.4   $100,000 is from the future resources 
 43.5   fund to the department of natural 
 43.6   resources to accelerate the automation 
 43.7   of historic mineral exploration 
 43.8   information and to make the database 
 43.9   accessible and searchable. 
 43.10  (c) Updating Outmoded Soil
 43.11  Surveys - Continuation 
 43.12  $250,000 the first year and $250,000 
 43.13  the second year are from the trust fund 
 43.14  to the board of water and soil 
 43.15  resources for the first biennium of a 
 43.16  four biennia project to accelerate a 
 43.17  statewide program to begin to update 
 43.18  and digitize soil surveys in up to 25 
 43.19  counties, including Fillmore county.  
 43.20  Participating counties must provide a 
 43.21  cost share. 
 43.22  (d) Climate Variability and Change
 43.23  Impacts on Minnesota Resources 
 43.24  $175,000 the first year and $175,000 
 43.25  the second year are from the trust fund 
 43.26  to the University of Minnesota to 
 43.27  develop a database of climate measures 
 43.28  relevant to recreation, tourism, 
 43.29  agriculture, and forestry, and to 
 43.30  construct climate scenarios for 
 43.31  Minnesota over the next 50 years. 
 43.32  (e) Minnesota Environmentally
 43.33  Preferable Chemicals Project 
 43.34  $75,000 the first year and $75,000 the 
 43.35  second year are from the trust fund to 
 43.36  the office of environmental assistance 
 43.37  for an agreement with the Institute for 
 43.38  Local Self-Reliance to build an 
 43.39  industry network of users and producers 
 43.40  of petrochemicals and biochemicals, and 
 43.41  to promote a shift to environmentally 
 43.42  preferable chemicals.  This 
 43.43  appropriation must be matched by at 
 43.44  least $40,000 of nonstate money. 
 43.45  (f) GIS Utilization of Historic 
 43.46  Timberland Survey Records 
 43.47  $120,000 is from the future resources 
 43.48  fund to the Minnesota Historical 
 43.49  Society to digitize and distribute 
 43.50  historic timberland survey records in a 
 43.51  geographic information system format. 
 43.52  (g) By-Products Application 
 43.53  to Agricultural, Mineland, and 
 43.54  Forest Soils 
 43.55  $175,000 the first year and $175,000 
 43.56  the second year are from the trust fund 
 43.57  to the pollution control agency for an 
 43.58  agreement with Western Lake Superior 
 43.59  Sanitary District to create a northeast 
 44.1   Minnesota consortium of public 
 44.2   utilities, wood-products, and mining 
 44.3   industries to research environmentally 
 44.4   sound coapplications of industrial and 
 44.5   municipal by-products for agriculture, 
 44.6   forestry, and mineland reclamation.  
 44.7   This appropriation must be matched by 
 44.8   at least $21,000 of nonstate money. 
 44.9   (h) Winter Severity Index
 44.10  for Deer 
 44.11  $30,000 the first year and $30,000 the 
 44.12  second year are from the trust fund to 
 44.13  the commissioner of natural resources 
 44.14  for an agreement with the Minnesota 
 44.15  Deer Hunters Association to determine 
 44.16  the relationship between the winter 
 44.17  severity index, deer condition, and 
 44.18  deer mortality.  This appropriation 
 44.19  must be matched by at least $5,000 in 
 44.20  nonstate money and at least $30,000 
 44.21  in-kind match.  This appropriation is 
 44.22  available until June 30, 2002, at which 
 44.23  time the project must be completed and 
 44.24  final products delivered, unless an 
 44.25  earlier date is specified in the work 
 44.26  program. 
 44.27  Subd. 11.  Environmental Education 
 44.28       1,970,000        885,000
 44.29                Summary by Fund
 44.30  Future Resources
 44.31  Fund                  1,085,000        -0-  
 44.32  Trust Fund              885,000       885,000
 44.33  (a) Uncommon Ground:  An Educational 
 44.34  Television Series 
 44.35  $200,000 the first year and $200,000 
 44.36  the second year are from the trust fund 
 44.37  to the University of Minnesota for 
 44.38  matching funding to produce a televised 
 44.39  series of natural landscapes 
 44.40  chronicling two centuries of change in 
 44.41  Minnesota. 
 44.42  (b) Karst Education for
 44.43  Southeastern Minnesota 
 44.44  $60,000 the first year and $60,000 the 
 44.45  second year are from the trust fund to 
 44.46  the board of water and soil resources 
 44.47  for an agreement with the Southeast 
 44.48  Minnesota Water Resources Board to 
 44.49  develop teacher training workshops, 
 44.50  educational materials, and exhibits 
 44.51  demonstrating the connections between 
 44.52  land use and ground water contamination 
 44.53  in southeastern Minnesota. 
 44.54  (c) Minnesota Wolf Public
 44.55  Education  
 44.56  $50,000 the first year and $50,000 the 
 44.57  second year are from the trust fund to 
 44.58  the commissioner of natural resources 
 45.1   for an agreement with the International 
 45.2   Wolf Center to develop educational 
 45.3   curriculum, conduct teacher training 
 45.4   workshops, and develop a traveling 
 45.5   exhibit on wolves to address the 
 45.6   current Minnesota wolf management 
 45.7   debate.  This appropriation must be 
 45.8   matched by at least $15,500 of nonstate 
 45.9   money. 
 45.10  (d) Bear Center 
 45.11  $20,000 is from the future resources 
 45.12  fund to the commissioner of natural 
 45.13  resources for a grant to a bear center 
 45.14  to develop a business plan, marketing 
 45.15  study, facility predesign, and exhibit 
 45.16  design. 
 45.17  (e) Accessible Outdoor
 45.18  Recreation 
 45.19  $200,000 the first year and $200,000 
 45.20  the second year are from the trust fund 
 45.21  to the commissioner of natural 
 45.22  resources for an agreement with 
 45.23  wilderness inquiry to survey facilities 
 45.24  in at least 50 state recreation units 
 45.25  for the Minnesota guide to universal 
 45.26  access, develop assessments of 
 45.27  inclusion in recreation and 
 45.28  environmental education activities, and 
 45.29  provide opportunities for 
 45.30  participation.  This appropriation is 
 45.31  available until June 30, 2002, at which 
 45.32  time the project must be completed and 
 45.33  final products delivered, unless an 
 45.34  earlier date is specified in the work 
 45.35  program. 
 45.36  (f) Science Outreach and
 45.37  Integrated Learning on Soil 
 45.38  $125,000 the first year and $125,000 
 45.39  the second year are from the trust fund 
 45.40  to the Science Museum of Minnesota to 
 45.41  develop a soils experiment center and 
 45.42  demonstration plots to increase the 
 45.43  awareness of soil science and soil 
 45.44  health.  This appropriation must be 
 45.45  matched by at least $100,000 of 
 45.46  nonstate money.  This appropriation is 
 45.47  available until June 30, 2002, at which 
 45.48  time the project must be completed and 
 45.49  final products delivered, unless an 
 45.50  earlier date is specified in the work 
 45.51  program. 
 45.52  (g) Teacher Training in
 45.53  Interdisciplinary Environmental 
 45.54  Education  
 45.55  $30,000 the first year and $30,000 the 
 45.56  second year are from the trust fund to 
 45.57  the commissioner of natural resources 
 45.58  for an agreement with the Audubon 
 45.59  Center of the North Woods to train K-12 
 45.60  teachers in environmental education 
 45.61  techniques. 
 45.62  (h) Development and Rehabilitation
 46.1   of Recreational Shooting Ranges 
 46.2   $350,000 is from the future resources 
 46.3   fund to the commissioner of natural 
 46.4   resources to provide cost-share grants 
 46.5   to local recreational shooting clubs 
 46.6   for the purpose of developing or 
 46.7   rehabilitating shooting sports 
 46.8   facilities for public use.  In addition 
 46.9   to the required work program, grants 
 46.10  may not be approved until grant 
 46.11  proposals to be funded have been 
 46.12  submitted to the legislative commission 
 46.13  on Minnesota resources and the 
 46.14  commission has approved the grants or 
 46.15  allowed 60 days to pass. 
 46.16  (i) Youth Outdoor Environmental
 46.17  Education Program 
 46.18  $125,000 is from the future resources 
 46.19  fund to the commissioner of natural 
 46.20  resources for an agreement with Dakota 
 46.21  county to develop youth-at-risk 
 46.22  environmental education programs. 
 46.23  (j) Twin Cities Environmental
 46.24  Service Learning - Continuation 
 46.25  $20,000 the first year and $20,000 the 
 46.26  second year are from the trust fund to 
 46.27  the commissioner of natural resources 
 46.28  for an agreement with Eco Education to 
 46.29  provide training and matching grants 
 46.30  for student service environmental 
 46.31  learning projects.  This appropriation 
 46.32  must be matched by at least $40,000 of 
 46.33  nonstate money. 
 46.34  (k) Minnesota Whitetail Deer
 46.35  Resource Center Exhibits 
 46.36  $400,000 is from the future resources 
 46.37  fund to the commissioner of natural 
 46.38  resources for an agreement with the 
 46.39  Minnesota Deer Hunters Association to 
 46.40  construct exhibits on whitetail deer in 
 46.41  Minnesota.  This appropriation is 
 46.42  available to the extent matched by 
 46.43  expenditure of nonstate money on land 
 46.44  and a building to display the exhibits. 
 46.45  (l) Sustainability Forums 
 46.46  $100,000 the first year and $100,000 
 46.47  the second year are from the trust fund 
 46.48  to the office of environmental 
 46.49  assistance for an agreement with the 
 46.50  Minnesota Division of the Izaak Walton 
 46.51  League of America to conduct forums for 
 46.52  the public and local units of 
 46.53  government on sustainability and 
 46.54  community-based planning objectives. 
 46.55  (m) Minnesota River Watershed
 46.56  Ecology and History Exhibit 
 46.57  $90,000 the first year is from the 
 46.58  future resources fund to the Minnesota 
 46.59  Historical Society for an agreement 
 46.60  with Joseph R. Brown Heritage Society 
 47.1   to design and construct exhibits at the 
 47.2   Joseph R. Brown Minnesota River Center. 
 47.3   (n) Hyland Lake Environmental
 47.4   Center 
 47.5   $100,000 the first year and $100,000 
 47.6   the second year are from the trust fund 
 47.7   to the metropolitan council for an 
 47.8   agreement with Suburban Hennepin 
 47.9   Regional Park District for predesign 
 47.10  and design of an environmental 
 47.11  education center in 
 47.12  Hyland-Bush-Anderson Lakes Regional 
 47.13  Park Reserve. 
 47.14  (o) Aquaculture, Hydroponics, and
 47.15  Greenhouse Research Lab 
 47.16  $100,000 the first year is from the 
 47.17  future resources fund to the 
 47.18  commissioner of agriculture for an 
 47.19  agreement with Chisago Lakes High 
 47.20  School to design and construct a 
 47.21  greenhouse, hydroponics, and 
 47.22  aquaculture facility to support an 
 47.23  outdoor living classroom. 
 47.24  Subd. 12.  Benchmarks and Indicators 
 47.25       2,315,000      1,915,000
 47.26                Summary by Fund
 47.27  Future Resources
 47.28  Fund                    200,000        -0-  
 47.29  Trust Fund            1,915,000     1,915,000
 47.30  Great Lakes 
 47.31  Protection Account      200,000        -0-  
 47.32  (a) Measuring Children's Exposures
 47.33  to Environmental Health Hazards 
 47.34  $250,000 the first year and $250,000 
 47.35  the second year are from the trust fund 
 47.36  to the University of Minnesota in 
 47.37  cooperation with the department of 
 47.38  health to augment a federal study of 
 47.39  exposure of children to multiple 
 47.40  environmental hazards, to evaluate 
 47.41  comparative health risks, and to design 
 47.42  intervention strategies. 
 47.43  (b) Minnesota County Biological
 47.44  Survey - Continuation 
 47.45  $800,000 the first year and $800,000 
 47.46  the second year are from the trust fund 
 47.47  to the commissioner of natural 
 47.48  resources for the seventh biennium of a 
 47.49  12-biennia project to accelerate the 
 47.50  survey that identifies significant 
 47.51  natural areas and systematically 
 47.52  collects and interprets data on the 
 47.53  distribution and ecology of natural 
 47.54  communities, rare plants, and animals. 
 47.55  (c) Environmental Indicators 
 47.56  Initiative - Continuation 
 48.1   $200,000 the first year and $200,000 
 48.2   the second year are from the trust fund 
 48.3   to the commissioner of natural 
 48.4   resources for the third and final 
 48.5   biennium to complete a set of statewide 
 48.6   environmental indicators that will 
 48.7   assist public understanding of 
 48.8   Minnesota environmental health and the 
 48.9   effectiveness of sustainable 
 48.10  development efforts. 
 48.11  (d) Dakota County Wetland Health 
 48.12  Monitoring Program  
 48.13  $80,000 the first year and $80,000 the 
 48.14  second year are from the trust fund to 
 48.15  the commissioner of the pollution 
 48.16  control agency for an agreement with 
 48.17  Dakota county to evaluate wetland 
 48.18  health through citizen volunteers, 
 48.19  develop wetland biodiversity projects 
 48.20  in urban areas, and conduct public 
 48.21  education. 
 48.22  (e) Predicting Water and Forest 
 48.23  Resources Health and Sustainability 
 48.24  $150,000 the first year and $150,000 
 48.25  the second year are from the trust fund 
 48.26  to the University of Minnesota, Natural 
 48.27  Resources Research Institute, to assess 
 48.28  ecosystem health using indicators and 
 48.29  to develop models that incorporate 
 48.30  landscape composition change. 
 48.31  (f) Potential for Infant Risk
 48.32  from Nitrate Contamination 
 48.33  $200,000 is from the future resources 
 48.34  fund to the commissioner of health to 
 48.35  study nitrate and bacteria-contaminated 
 48.36  drinking water of infants and families 
 48.37  at risk. 
 48.38  (g) Assessing Lake Superior Waters
 48.39  Off the North Shore 
 48.40  $100,000 the first year and $100,000 
 48.41  the second year of this appropriation 
 48.42  are from the trust fund, and $200,000 
 48.43  is from the Great Lakes protection 
 48.44  account to the University of Minnesota 
 48.45  Duluth for a pilot program to establish 
 48.46  benchmark data for Lake Superior.  
 48.47  Expenses may not include capital cost 
 48.48  for a research vessel.  This 
 48.49  appropriation is available until June 
 48.50  30, 2002, at which time the project 
 48.51  must be completed and final products 
 48.52  delivered, unless an earlier date is 
 48.53  specified in the work program. 
 48.54  (h) Minnesota's Forest Bird 
 48.55  Diversity Initiative - Continuation 
 48.56  $175,000 the first year and $175,000 
 48.57  the second year are from the trust fund 
 48.58  to the commissioner of natural 
 48.59  resources for the fifth biennium of a 
 48.60  six-biennium project to establish 
 49.1   benchmarks for using birds as 
 49.2   ecological indicators of forest 
 49.3   health.  This appropriation must be 
 49.4   matched by at least $80,000 of nonstate 
 49.5   contributions.  This appropriation is 
 49.6   available until June 30, 2002, at which 
 49.7   time the project must be completed and 
 49.8   final products delivered, unless an 
 49.9   earlier date is specified in the work 
 49.10  program. 
 49.11  (i) Farm Ponds as Critical 
 49.12  Habitats for Native Amphibians 
 49.13  $125,000 the first year and $125,000 
 49.14  the second year are from the trust fund 
 49.15  to the commissioner of natural 
 49.16  resources for an agreement with the 
 49.17  Upper Mississippi Science Center to 
 49.18  study management practices that sustain 
 49.19  healthy populations of amphibians in 
 49.20  southeastern Minnesota farm ponds and 
 49.21  to recommend monitoring methods 
 49.22  suitable for testing amphibian habitat 
 49.23  quality.  This appropriation must be 
 49.24  matched by at least $200,000 of 
 49.25  nonstate contributions.  This 
 49.26  appropriation is available until June 
 49.27  30, 2002, at which time the project 
 49.28  must be completed and final products 
 49.29  delivered, unless an earlier date is 
 49.30  specified in the work program. 
 49.31  (j) Improved Minnesota Fungus
 49.32  Collection and Database 
 49.33  $35,000 the first year and $35,000 the 
 49.34  second year are from the trust fund to 
 49.35  the University of Minnesota to 
 49.36  consolidate and preserve fungus 
 49.37  specimen collections and computerize 
 49.38  the data for use in agriculture, 
 49.39  forestry, and recreation management. 
 49.40  Subd. 13.  Critical Lands or Habitats 
 49.41       4,640,000      2,790,000
 49.42                Summary by Fund
 49.43  Future Resources
 49.44  Fund                  1,850,000        -0-  
 49.45  Trust Fund            2,790,000     2,790,000
 49.46  (a) Sustainable Woodlands and
 49.47  Prairies on Private Lands - 
 49.48  Continuation 
 49.49  $225,000 the first year and $225,000 
 49.50  the second year are from the trust fund 
 49.51  to the commissioner of natural 
 49.52  resources, in cooperation with the 
 49.53  Minnesota Forestry Association and the 
 49.54  Nature Conservancy, to develop 
 49.55  stewardship plans for private 
 49.56  landowners and to implement natural 
 49.57  resource projects by providing matching 
 49.58  money to private landowners.  This 
 49.59  appropriation is available until June 
 49.60  30, 2002, at which time the project 
 50.1   must be completed and final products 
 50.2   delivered, unless an earlier date is 
 50.3   specified in the work program. 
 50.4   (b) National Prairie Passage; Linking
 50.5   Isolated Prairie Preserves  
 50.6   $75,000 the first year and $75,000 the 
 50.7   second year are from the trust fund to 
 50.8   the commissioner of transportation to 
 50.9   link isolated tallgrass prairie 
 50.10  preserves with corridors of prairie.  
 50.11  This appropriation must be matched by 
 50.12  at least $600,000 of nonstate money. 
 50.13  (c) Greening the Metro 
 50.14  Mississippi-Minnesota River 
 50.15  Valleys  
 50.16  $400,000 the first year and $400,000 
 50.17  the second year are from the trust fund 
 50.18  to the commissioner of natural 
 50.19  resources for an agreement with 
 50.20  Greening the Great River Park to 
 50.21  implement private and public habitat 
 50.22  projects in the Mississippi and 
 50.23  Minnesota River Valleys.  This 
 50.24  appropriation must be matched by at 
 50.25  least $374,000 of nonstate money and 
 50.26  cost sharing is required for projects 
 50.27  on private lands. This appropriation is 
 50.28  available until June 30, 2002, at which 
 50.29  time the project must be completed and 
 50.30  final products delivered, unless an 
 50.31  earlier date is specified in the work 
 50.32  program. 
 50.33  (d) Restoring the Greater Prairie 
 50.34  Chicken to Southwestern Minnesota 
 50.35  $30,000 the first year and $30,000 the 
 50.36  second year are from the trust fund to 
 50.37  the commissioner of natural resources 
 50.38  for an agreement with the Minnesota 
 50.39  Prairie Chicken Society to restore the 
 50.40  greater prairie chicken to appropriate 
 50.41  habitat.  
 50.42  (e) Prairie Heritage Fund - 
 50.43  Continuation   
 50.44  $250,000 the first year and $250,000 
 50.45  the second year are from the trust fund 
 50.46  to the commissioner of natural 
 50.47  resources for an agreement with 
 50.48  Pheasants Forever, Inc. to acquire and 
 50.49  develop land for prairie grasslands and 
 50.50  wetlands to be donated to the public.  
 50.51  The land must be open and accessible to 
 50.52  the public.  This appropriation must be 
 50.53  matched by at least $500,000 of money.  
 50.54  In addition to the required work 
 50.55  program, parcels may not be acquired 
 50.56  until parcel lists have been submitted 
 50.57  to the legislative commission on 
 50.58  Minnesota resources and the commission 
 50.59  has approved the parcel list or allowed 
 50.60  60 days to pass. 
 50.61  (f) Public Boat Access and 
 50.62  Fishing Piers 
 51.1   $500,000 the first year and $500,000 
 51.2   the second year are from the trust 
 51.3   fund, and $310,000 is from the future 
 51.4   resources fund to the commissioner of 
 51.5   natural resources for increased access 
 51.6   to lakes and rivers statewide through 
 51.7   the provision of public boat access, 
 51.8   fishing piers, and shoreline access, 
 51.9   with approximately equal allocations 
 51.10  for the Twin Cities metropolitan area 
 51.11  and the remainder of the state.  These 
 51.12  appropriations are available until June 
 51.13  30, 2002, at which time the project 
 51.14  must be completed and final products 
 51.15  delivered, unless an earlier date is 
 51.16  specified in the work program.  
 51.17  $212,000 of the appropriation from the 
 51.18  future resources fund is available 
 51.19  immediately upon enactment. 
 51.20  (g) Arboretum Land Acquisition and 
 51.21  Wetlands Restoration - Continuation 
 51.22  $350,000 the first year and $350,000 
 51.23  the second year are from the trust fund 
 51.24  to the University of Minnesota for an 
 51.25  agreement with the University of 
 51.26  Minnesota Landscape Arboretum 
 51.27  Foundation for the third biennium for 
 51.28  land acquisition.  The priority is to 
 51.29  acquire approximately 40 acres of land 
 51.30  within the Arboretum boundary before 
 51.31  completing the Spring Peeper Meadow 
 51.32  wetland restoration.  This 
 51.33  appropriation must be matched by at 
 51.34  least $700,000 of nonstate money. 
 51.35  (h) Native Prairie Prescribed 
 51.36  Burns                                    
 51.37  $200,000 the first year and $200,000 
 51.38  the second year are from the trust fund 
 51.39  for a grant to the commissioner of 
 51.40  natural resources for an agreement with 
 51.41  the Nature Conservancy for prescribed 
 51.42  burns of native prairie on state 
 51.43  wildlife lands. 
 51.44  (i) Implement the Chisago and 
 51.45  Washington Counties Green 
 51.46  Corridor Project - Continuation 
 51.47  $200,000 the first year and $200,000 
 51.48  the second year are from the trust fund 
 51.49  to the commissioner of natural 
 51.50  resources for an agreement with 1000 
 51.51  Friends of Minnesota for land 
 51.52  protection activities, including at 
 51.53  least $300,000 for cost-share grants to 
 51.54  local governments for fee or less than 
 51.55  fee acquisition. 
 51.56  (j) RIM Shoreland Stabilization 
 51.57  $175,000 the first year and $175,000 
 51.58  the second year are from the trust fund 
 51.59  to the commissioner of natural 
 51.60  resources to complete the high priority 
 51.61  bank stabilization on Lake 
 51.62  Winnibigoshish and, if additional match 
 52.1   money becomes available, to begin 
 52.2   similar work on Lac Qui Parle Lake. 
 52.3   This appropriation must be matched by 
 52.4   at least $56,000 of nonstate money.  
 52.5   This appropriation is available until 
 52.6   June 30, 2002, at which time the 
 52.7   project must be completed and final 
 52.8   products delivered, unless an earlier 
 52.9   date is specified in the work program. 
 52.10  (k) Enhancing Canada Goose 
 52.11  Hunting Opportunities for 
 52.12  Recreation and Management Purposes  
 52.13  $340,000 is from the future resources 
 52.14  fund to the commissioner of natural 
 52.15  resources to work with waterfowl 
 52.16  conservation organizations to secure 
 52.17  leases for goose forage areas and to 
 52.18  increase public goose hunting 
 52.19  opportunities. 
 52.20  (l) Nongame Wildlife 
 52.21  Management                              
 52.22  $235,000 the first year and $235,000 
 52.23  the second year are appropriated from 
 52.24  the trust fund to the commissioner of 
 52.25  natural resources for the purpose of 
 52.26  nongame wildlife management. 
 52.27  (m) Wildlife Habitat 
 52.28  Acquisition and Development               
 52.29  $150,000 the first year and $150,000 
 52.30  the second year are from the trust fund 
 52.31  to the commissioner of natural 
 52.32  resources to acquire and protect land 
 52.33  and to make improvements of a capital 
 52.34  nature for the Chub lake natural area.  
 52.35  The appropriation is available until 
 52.36  expended and must be matched by federal 
 52.37  or local funds totaling $300,000. 
 52.38  (n) Trout Stream 
 52.39  Protection                              
 52.40  $1,200,000 is from the future resources 
 52.41  fund to the commissioner of natural 
 52.42  resources for trout stream protection. 
 52.43  Subd. 14.  Native Species Planting 
 52.44         945,000        595,000 
 52.45                Summary by Fund
 52.46  Future Resources 
 52.47  Fund                    350,000        -0-    
 52.48  Trust Fund              595,000       595,000
 52.49  (a) Minnesota ReLeaf Matching 
 52.50  Grant Program - Continuation              
 52.51  $250,000 the first year and $250,000 
 52.52  the second year are from the trust 
 52.53  fund, and $350,000 is from the future 
 52.54  resources fund to the commissioner of 
 52.55  natural resources for the fourth 
 52.56  biennium, with at least $210,000 for 
 53.1   matching grants to local communities to 
 53.2   protect native oak forests from oak 
 53.3   wilt and to provide technical 
 53.4   assistance and cost sharing with 
 53.5   communities for tree planting and 
 53.6   community forestry assessments.  
 53.7   $200,000 of this appropriation the 
 53.8   first year is for tree replacement in 
 53.9   the cities of St. Peter and Comfrey.  
 53.10  The appropriation from the future 
 53.11  resources fund is available immediately 
 53.12  upon enactment. 
 53.13  (b) Landscaping for Wildlife and 
 53.14  Nonpoint Source Pollution Prevention      
 53.15  $75,000 the first year and $75,000 the 
 53.16  second year are from the trust fund to 
 53.17  the commissioner of natural resources 
 53.18  for an agreement with St. Paul 
 53.19  Neighborhood Energy Consortium to work 
 53.20  with urban and suburban communities to 
 53.21  expand native species planting through 
 53.22  residential landscaping and cooperative 
 53.23  neighborhood projects. The activities 
 53.24  must include participant cost sharing. 
 53.25  This appropriation must be matched by 
 53.26  at least $24,000 of nonstate money. 
 53.27  (c) Lakescaping for Wildlife and 
 53.28  Water Quality Initiative                  
 53.29  $70,000 the first year and $70,000 the 
 53.30  second year are from the trust fund to 
 53.31  the commissioner of natural resources 
 53.32  in cooperation with the Minnesota Lakes 
 53.33  Association to promote lakescaping for 
 53.34  wildlife and water quality through 
 53.35  workshops, demonstration sites, and a 
 53.36  registry program for lakeshore owners. 
 53.37  The activities must include participant 
 53.38  cost sharing. 
 53.39  (d) Development and Assessment of 
 53.40  Oak Wilt Biological Control 
 53.41  Technologies - Continuation               
 53.42  $100,000 the first year and $100,000 
 53.43  the second year are from the trust fund 
 53.44  to the University of Minnesota to 
 53.45  evaluate biocontrol efficacy, spore mat 
 53.46  production, and root graft barrier 
 53.47  guidelines for oak wilt, in cooperation 
 53.48  with the department of agriculture. 
 53.49  (e) Restoring Ecological Health to 
 53.50  St. Paul's Mississippi River Bluffs       
 53.51  $100,000 the first year and $100,000 
 53.52  the second year are from the trust fund 
 53.53  to the commissioner of natural 
 53.54  resources for an agreement with Friends 
 53.55  of the Parks and Trails of St. Paul and 
 53.56  Ramsey County to inventory and restore 
 53.57  native species, and to plan for 
 53.58  critical greenways and natural area 
 53.59  habitat.  This appropriation is 
 53.60  available until June 30, 2002, at which 
 53.61  time the project must be completed and 
 53.62  final products delivered, unless an 
 53.63  earlier date is specified in the work 
 54.1   program. 
 54.2   Subd. 15.  Native Fish 
 54.3          229,000        229,000 
 54.4                 Summary by Fund
 54.5   Trust Fund              229,000       229,000
 54.6   (a) Mussel Resource Survey                
 54.7   $200,000 the first year and $200,000 
 54.8   the second year are from the trust fund 
 54.9   to the commissioner of natural 
 54.10  resources for the first biennium of a 
 54.11  three-biennium project to survey 
 54.12  mussels statewide for resource 
 54.13  management. 
 54.14  (b) Freshwater Mussel Resources in 
 54.15  the St. Croix River                        
 54.16  $29,000 the first year and $29,000 the 
 54.17  second year are from the trust fund to 
 54.18  the commissioner of natural resources 
 54.19  for an agreement with Macalester 
 54.20  College to continue refugia studies and 
 54.21  assess populations for freshwater 
 54.22  mussels. 
 54.23  Subd. 16.  Exotic Species 
 54.24         405,000        145,000
 54.25                Summary by Fund
 54.26  Future Resources 
 54.27  Fund                    260,000        -0-  
 54.28  Trust Fund              145,000       145,000
 54.29  (a) Biological Control of Eurasian 
 54.30  Water Milfoil and Purple 
 54.31  Loosestrife - Continuation 
 54.32  $75,000 the first year and $75,000 the 
 54.33  second year are from the trust fund to 
 54.34  the commissioner of natural resources 
 54.35  for the fourth biennium of a 
 54.36  five-biennium project to develop and 
 54.37  implement biological controls for 
 54.38  Eurasian water milfoil and purple 
 54.39  loosestrife.  This appropriation is 
 54.40  available until June 30, 2002, at which 
 54.41  time the project must be completed and 
 54.42  final products delivered, unless an 
 54.43  earlier date is specified in the work 
 54.44  program. 
 54.45  (b) Evaluate Establishment, Impact of 
 54.46  Leafy Spurge Biocontrol Agents  
 54.47  $70,000 the first year and $70,000 the 
 54.48  second year are from the trust fund to 
 54.49  the commissioner of agriculture to 
 54.50  study flea beetles introduced to 
 54.51  control leafy spurge by site 
 54.52  characterization and assessment for 
 54.53  biological control.  This appropriation 
 54.54  is available until June 30, 2002, at 
 55.1   which time the project must be 
 55.2   completed and final products delivered, 
 55.3   unless an earlier date is specified in 
 55.4   the work program. 
 55.5   (c) Restoring Native Vegetation in 
 55.6   Parks and Nature Centers 
 55.7   $260,000 the first year is from the 
 55.8   future resources fund to the 
 55.9   commissioner of natural resources for 
 55.10  an agreement with the St. Paul Audubon 
 55.11  Society to restore native vegetation at 
 55.12  community nature centers and parks. 
 55.13  Subd. 17.  Data Availability Requirements 
 55.14  (a) During the biennium ending June 30, 
 55.15  2001, the data collected by the 
 55.16  projects funded under this section that 
 55.17  have common value for natural resource 
 55.18  planning and management must conform to 
 55.19  information architecture as defined in 
 55.20  guidelines and standards adopted by the 
 55.21  office of technology.  Spatial data 
 55.22  must conform with guidelines and 
 55.23  standards described in the geographic 
 55.24  data compatibility guidelines available 
 55.25  from the land management information 
 55.26  center.  These data must be made 
 55.27  available under the provisions of the 
 55.28  Data Practices Act in chapter 13. 
 55.29  (b) For the purposes of information 
 55.30  dissemination to the extent 
 55.31  practicable, summary data and results 
 55.32  of projects funded under this section 
 55.33  should be readily accessible on the 
 55.34  Internet.  To the extent practicable, 
 55.35  spatial data and their documentation 
 55.36  must be made available through the 
 55.37  Minnesota Geographic Data Clearinghouse.
 55.38  (c) As part of project expenditures, 
 55.39  recipients of land acquisition 
 55.40  appropriations must provide the 
 55.41  information necessary to update public 
 55.42  recreation information maps to the 
 55.43  department of natural resources in the 
 55.44  specified form. 
 55.45  Subd. 18.  Project Requirements 
 55.46  It is a condition of acceptance of the 
 55.47  appropriations in this section that any 
 55.48  agency or entity receiving the 
 55.49  appropriation must comply with 
 55.50  Minnesota Statutes, chapter 116P. 
 55.51  Subd. 19.  Match Requirements 
 55.52  Unless specifically authorized, 
 55.53  appropriations in this section that 
 55.54  must be matched and for which the match 
 55.55  has not been committed by December 31, 
 55.56  1999, are canceled, and in-kind 
 55.57  contributions may not be counted as 
 55.58  match. 
 55.59  Subd. 20.  Payment Conditions and 
 55.60  Capital Equipment Expenditures 
 56.1   All agreements, grants, or contracts 
 56.2   referred to in this section must be 
 56.3   administered on a reimbursement basis.  
 56.4   Notwithstanding Minnesota Statutes, 
 56.5   section 16A.41, expenditures made on or 
 56.6   after July 1, 1999, or the date the 
 56.7   work program is approved, whichever is 
 56.8   later, are eligible for reimbursement. 
 56.9   Payment must be made upon receiving 
 56.10  documentation that project-eligible 
 56.11  reimbursable amounts have been 
 56.12  expended, except that reasonable 
 56.13  amounts may be advanced to projects in 
 56.14  order to accommodate cash flow needs. 
 56.15  The advances must be approved as part 
 56.16  of the work program.  No expenditures 
 56.17  for capital equipment are allowed 
 56.18  unless expressly authorized in the 
 56.19  project work program. 
 56.20  Subd. 21.  Purchase of Recycled and 
 56.21  Recyclable Materials 
 56.22  A political subdivision, public or 
 56.23  private corporation, or other entity 
 56.24  that receives an appropriation in this 
 56.25  section must use the appropriation in 
 56.26  compliance with Minnesota Statutes, 
 56.27  sections 16B.121 to 16B.123, requiring 
 56.28  the purchase of recycled, repairable, 
 56.29  and durable materials, the purchase of 
 56.30  uncoated paper stock, and the use of 
 56.31  soy-based ink, the same as if it were a 
 56.32  state agency. 
 56.33  Subd. 22.  Energy Conservation 
 56.34  A recipient to whom an appropriation is 
 56.35  made in this section for a capital 
 56.36  improvement project shall ensure that 
 56.37  the project complies with the 
 56.38  applicable energy conservation 
 56.39  standards contained in law, including 
 56.40  Minnesota Statutes, sections 216C.19 to 
 56.41  216C.21, and rules adopted thereunder.  
 56.42  The recipient may use the energy 
 56.43  planning and intervention and energy 
 56.44  technologies units of the commissioner 
 56.45  of public service to obtain information 
 56.46  and technical assistance on energy 
 56.47  conservation and alternative energy 
 56.48  development relating to the planning 
 56.49  and construction of the capital 
 56.50  improvement project. 
 56.51  Subd. 23.  Accessibility 
 56.52  New structures must be shown to meet 
 56.53  the design standards in the Americans 
 56.54  with Disabilities Act Accessibility 
 56.55  Guidelines.  Nonstructural facilities 
 56.56  such as trails, campgrounds, picnic 
 56.57  areas, parking, play areas, water 
 56.58  sources, and the access routes to these 
 56.59  features should be shown to be designed 
 56.60  using guidelines in the Recommendations 
 56.61  for Accessibility Guidelines: 
 56.62  Recreational Facilities and Outdoor 
 56.63  Developed Areas. 
 57.1   Subd. 24.  Year 2000 Compatible 
 57.2   A recipient to whom an appropriation is 
 57.3   made in this section for computer 
 57.4   equipment and software must ensure that 
 57.5   the project expenditures comply with 
 57.6   year 2000 compatible database and 
 57.7   software. 
 57.8   Subd. 25.  Carryforward 
 57.9   (a) The availability of the 
 57.10  appropriations for the following 
 57.11  projects is extended to June 30, 2000: 
 57.12  Laws 1997, chapter 216, section 15, 
 57.13  subdivision 5, paragraph (a), Ft. 
 57.14  Snelling State Park-upper bluff 
 57.15  utilization and AYH hostel; paragraph 
 57.16  (c), Jeffers petroglyphs environmental 
 57.17  assessment and prairie restoration; 
 57.18  paragraph (g), Native American 
 57.19  perspective of the historic north 
 57.20  shore; subdivision 6, paragraph (g), 
 57.21  lakeshore restoration - Minneapolis 
 57.22  chain of lakes; subdivision 9, 
 57.23  paragraph (a), grants to local 
 57.24  governments to assist natural resource 
 57.25  decision making; paragraph (e), North 
 57.26  Minneapolis upper river master plan; 
 57.27  paragraph (g), Miller Creek management; 
 57.28  and paragraph (h), trout habitat 
 57.29  preservation using alternative 
 57.30  watershed management practices; 
 57.31  subdivision 10, paragraph (g), Fillmore 
 57.32  county soil survey update; subdivision 
 57.33  11, paragraph (a), foundations to 
 57.34  integrated access to environmental 
 57.35  information; subdivision 12, paragraph 
 57.36  (a), sustainable development assistance 
 57.37  for municipalities through electric 
 57.38  utilities; paragraph (h), soy-based 
 57.39  diesel fuel study; subdivision 13, 
 57.40  paragraph (g), state wolf management:  
 57.41  electronically moderating the 
 57.42  discussion; subdivision 14, paragraph 
 57.43  (f), loons; indicators of mercury in 
 57.44  the environment; subdivision 17, 
 57.45  paragraph (a), sustainable woodlands on 
 57.46  private lands; and paragraph (d) 
 57.47  prairie heritage project; subdivision 
 57.48  20, paragraph (a), ballast water 
 57.49  technology demonstration for exotic 
 57.50  species control; Laws 1995, chapter 
 57.51  220, section 19, subdivision 12, 
 57.52  paragraph (a), restore historic 
 57.53  Mississippi river mill site, as amended 
 57.54  by Laws 1997, chapter 216, section 15, 
 57.55  subdivision 26, paragraph (b). 
 57.56  (b) The availability of the 
 57.57  appropriations for the following 
 57.58  projects is extended to June 30, 2001: 
 57.59  Laws 1997, chapter 216, section 15, 
 57.60  subdivision 5, paragraph (f), 
 57.61  historical and cultural museum on 
 57.62  Vermilion Lake Indian Reservation; 
 57.63  subdivision 7, paragraph (f), mercury 
 57.64  manometers; subdivision 16, paragraph 
 57.65  (b), Arboretum Land Acquisition; Laws 
 57.66  1996, chapter 463, section 22, 
 57.67  subdivision 8, Pickwick Mill, as 
 58.1   amended by Laws 1997, chapter 246, 
 58.2   section 32.  
 58.3   Sec. 17.  ADDITIONAL APPROPRIATIONS                     
 58.4   The following amounts are appropriated 
 58.5   in fiscal year 1999 from the Minnesota 
 58.6   environment and natural resources trust 
 58.7   fund referred to in Minnesota Statutes, 
 58.8   section 116P.02, subdivision 6. 
 58.9   $496,000 in fiscal year 1999 is added 
 58.10  to the appropriation in Laws 1997, 
 58.11  chapter 216, section 15, subdivision 4, 
 58.12  paragraph (a), clause (1), for state 
 58.13  park and recreation area acquisition. 
 58.14  $495,000 in fiscal year 1999 is added 
 58.15  to the appropriation in Laws 1997, 
 58.16  chapter 216, section 15, subdivision 4, 
 58.17  paragraph (b), metropolitan regional 
 58.18  park system. 
 58.19   Sec. 18.  TRADE AND ECONOMIC
 58.20  DEVELOPMENT                              250,000        -0-
 58.21  This appropriation is for the Minnesota 
 58.22  investment fund under Minnesota 
 58.23  Statutes, section 116J.8731, to make a 
 58.24  grant to the city of Windom to assist 
 58.25  an expanding agricultural processing 
 58.26  facility.  The amount of the grant is 
 58.27  not subject to the limit in Minnesota 
 58.28  Statutes, section 116J.8731, 
 58.29  subdivision 5.  If the grant is used to 
 58.30  acquire or improve real property, the 
 58.31  grant agreement between the city of 
 58.32  Windom and a recipient must provide 
 58.33  that, if the grant recipient sells, 
 58.34  transfers, or exchanges the real 
 58.35  property, any capital gain or other 
 58.36  profit on the transaction that accrues 
 58.37  to the grant recipient must be paid to 
 58.38  the commissioner for credit to the 
 58.39  Minnesota investment fund in the same 
 58.40  proportion as was paid from the 
 58.41  Minnesota investment fund to acquire or 
 58.42  improve the real property. 
 58.43  If this appropriation remains 
 58.44  unencumbered on March 31, 2000, the 
 58.45  amount cancels and is reappropriated to 
 58.46  the agricultural utilization research 
 58.47  institute and is available in the first 
 58.48  or second year. 
 58.49     Sec. 19.  Minnesota Statutes 1998, section 14.386, is 
 58.50  amended to read: 
 58.51     14.386 [PROCEDURE FOR ADOPTING EXEMPT RULES; DURATION.] 
 58.52     (a) A rule adopted, amended, or repealed by an agency, 
 58.53  under a statute enacted after January 1, 1997, authorizing or 
 58.54  requiring rules to be adopted but excluded from the rulemaking 
 58.55  provisions of chapter 14 or from the definition of a rule, has 
 58.56  the force and effect of law only if: 
 59.1      (1) the revisor of statutes approves the form of the rule 
 59.2   by certificate; 
 59.3      (2) the office of administrative hearings approves the rule 
 59.4   as to its legality within 14 days after the agency submits it 
 59.5   for approval and files two copies of the rule with the revisor's 
 59.6   certificate in the office of the secretary of state; and 
 59.7      (3) a copy is published by the agency in the State Register.
 59.8      A statute enacted after January 1, 1997, authorizing or 
 59.9   requiring rules to be adopted but excluded from the rulemaking 
 59.10  provisions of chapter 14 or from the definition of a rule does 
 59.11  not excuse compliance with this section unless it makes specific 
 59.12  reference to this section. 
 59.13     (b) A rule adopted under this section is effective for a 
 59.14  period of two years from the date of publication of the rule in 
 59.15  the State Register.  The authority for the rule expires at the 
 59.16  end of this two-year period. 
 59.17     (c) The chief administrative law judge shall adopt rules 
 59.18  relating to the rule approval duties imposed by this section and 
 59.19  section 14.388, including rules establishing standards for 
 59.20  review. 
 59.21     (d) This section does not apply to: 
 59.22     (1) any group or rule listed in section 14.03, subdivisions 
 59.23  1 and 3, except as otherwise provided by law; 
 59.24     (2) game and fish rules of the commissioner of natural 
 59.25  resources adopted under section 84.027, subdivision 13, or 
 59.26  sections 97A.0451 to 97A.0459; 
 59.27     (3) experimental and special management waters designated 
 59.28  by the commissioner of natural resources under sections 97C.001 
 59.29  and 97C.005; or 
 59.30     (4) game refuges designated by the commissioner of natural 
 59.31  resources under section 97A.085; or 
 59.32     (5) transaction fees established by the commissioner of 
 59.33  natural resources for electronic or telephone sales of licenses, 
 59.34  stamps, permits, registrations, or transfers under section 
 59.35  84.027, subdivision 15, paragraph (a), clause (3). 
 59.36     (e) If a statute provides that a rule is exempt from 
 60.1   chapter 14, and section 14.386 does not apply to the rule, the 
 60.2   rule has the force of law unless the context of the statute 
 60.3   delegating the rulemaking authority makes clear that the rule 
 60.4   does not have force of law. 
 60.5      Sec. 20.  Minnesota Statutes 1998, section 16A.531, is 
 60.6   amended by adding a subdivision to read: 
 60.7      Subd. 3.  [AGRICULTURAL FUND.] There is created in the 
 60.8   state treasury an agricultural fund as a special revenue fund 
 60.9   for deposit of receipts from agricultural related fees and 
 60.10  activities conducted by the state. 
 60.11     Sec. 21.  Minnesota Statutes 1998, section 16B.171, as 
 60.12  amended by Laws 1999, chapter 86, article 1, section 7, is 
 60.13  amended to read: 
 60.14     16B.171 [EXCEPTION FOR FEDERAL TRANSPORTATION CONTRACTS.] 
 60.15     Notwithstanding section 16C.08 or other any law to the 
 60.16  contrary, the commissioner of transportation, commissioner of 
 60.17  the pollution control agency, or commissioner of natural 
 60.18  resources may, when required by a federal agency entering into 
 60.19  an intergovernmental contract, negotiate contract terms 
 60.20  providing for full or partial prepayment to the federal agency 
 60.21  before work is performed or services are provided. 
 60.22     Sec. 22.  Minnesota Statutes 1998, section 17.03, is 
 60.23  amended by adding a subdivision to read: 
 60.24     Subd. 13.  [SEMIANNUAL REPORTS.] (a) By October 15 and 
 60.25  April 15 of each year, the commissioner shall submit to the 
 60.26  legislative committees having jurisdiction over appropriations 
 60.27  from the agricultural fund in section 16A.531 a report on the 
 60.28  amount of revenue raised in each fee account within the fund, 
 60.29  the expenditures from each account, and the purposes for which 
 60.30  the expenditures were made. 
 60.31     (b) The report delivered on October 15 of each year must 
 60.32  include the commissioner's recommendations, if any, for changes 
 60.33  in statutes relating to the fee accounts of the agricultural 
 60.34  fund. 
 60.35     Sec. 23.  Minnesota Statutes 1998, section 17.038, is 
 60.36  amended to read: 
 61.1      17.038 [STATISTICAL SERVICES ACCOUNT.] 
 61.2      The statistical services account is established in the 
 61.3   state treasury agricultural fund.  All payments for statistical 
 61.4   services performed by the agricultural statistics division of 
 61.5   the department of agriculture must be deposited in the state 
 61.6   treasury agricultural fund and credited to the statistical 
 61.7   services account.  The money in the account is appropriated to 
 61.8   the commissioner of agriculture to administer the programs of 
 61.9   the agricultural statistics division. 
 61.10     Sec. 24.  Minnesota Statutes 1998, section 17.102, 
 61.11  subdivision 4, is amended to read: 
 61.12     Subd. 4.  [MINNESOTA GROWN ACCOUNT.] The Minnesota grown 
 61.13  account is established as an account in the state 
 61.14  treasury agricultural fund.  License fee receipts and penalties 
 61.15  collected under this section must be deposited in the state 
 61.16  treasury agricultural fund and credited to the Minnesota grown 
 61.17  account.  The money in the account is continuously appropriated 
 61.18  to the commissioner to implement and enforce this section and to 
 61.19  promote the Minnesota grown logo and labeling. 
 61.20     Sec. 25.  Minnesota Statutes 1998, section 17.109, 
 61.21  subdivision 1, is amended to read: 
 61.22     Subdivision 1.  [ESTABLISHMENT.] The Minnesota grown 
 61.23  matching account is established as a separate account in the 
 61.24  state treasury agricultural fund.  The account shall be 
 61.25  administered by the commissioner of agriculture as provided in 
 61.26  this section. 
 61.27     Sec. 26.  Minnesota Statutes 1998, section 17.115, 
 61.28  subdivision 3, is amended to read: 
 61.29     Subd. 3.  [AWARDING OF LOANS.] (a) Applications for loans 
 61.30  must be made to the commissioner on forms prescribed by the 
 61.31  commissioner. 
 61.32     (b) The applications must be reviewed, ranked, and 
 61.33  recommended by a loan review panel appointed by the 
 61.34  commissioner.  The loan review panel shall consist of two 
 61.35  lenders with agricultural experience, two resident farmers of 
 61.36  the state using sustainable agriculture methods, two resident 
 62.1   farmers of the state using organic agriculture methods, a farm 
 62.2   management specialist, a representative from a post-secondary 
 62.3   education institution, and a chair from the department.  
 62.4      (c) The loan review panel shall rank applications according 
 62.5   to the following criteria: 
 62.6      (1) realize savings to the cost of agricultural production 
 62.7   and project savings to repay the cost of the loan; 
 62.8      (2) reduce or make more efficient use of energy; and 
 62.9      (3) reduce production costs.  
 62.10     (d) A loan application must show that the loan can be 
 62.11  repaid by the applicant.  
 62.12     (e) The commissioner must consider the recommendations of 
 62.13  the loan review panel and may make loans for eligible projects.  
 62.14  Priority must be given based on the amount of savings realized 
 62.15  by adopting the practice implemented by the loan. 
 62.16     Sec. 27.  Minnesota Statutes 1998, section 17.116, 
 62.17  subdivision 3, is amended to read: 
 62.18     Subd. 3.  [AWARDING OF GRANTS.] (a) Applications for grants 
 62.19  must be made to the commissioner on forms prescribed by the 
 62.20  commissioner. 
 62.21     (b) The applications must be reviewed, ranked, and 
 62.22  recommended by a technical review panel appointed by the 
 62.23  commissioner.  The technical review panel shall consist of a 
 62.24  soil scientist, an agronomist, a representative from a 
 62.25  post-secondary educational institution, two resident farmers of 
 62.26  the state using sustainable agriculture methods, two resident 
 62.27  farmers of the state using organic agriculture methods, and a 
 62.28  chair from the department.  
 62.29     (c) The technical review panel shall rank applications 
 62.30  according to the following criteria: 
 62.31     (1) direct or indirect energy savings or production; 
 62.32     (2) environmental benefit; 
 62.33     (3) farm profitability; 
 62.34     (4) the number of farms able to apply the techniques or the 
 62.35  technology proposed; 
 62.36     (5) the effectiveness of the project as a demonstration; 
 63.1      (6) the immediate transferability of the project to farms; 
 63.2   and 
 63.3      (7) the ability of the project to accomplish its goals. 
 63.4      (d) The commissioner shall consider the recommendations of 
 63.5   the technical review panel and may award grants for eligible 
 63.6   projects.  Priority must be given to applicants who are farmers 
 63.7   or groups of farmers. 
 63.8      (e) Grants for eligible projects may not exceed $25,000 
 63.9   unless the portion above $25,000 is matched on an equal basis by 
 63.10  the applicant's cash or in-kind land use contribution.  Grant 
 63.11  funding of projects may not exceed $50,000 under this section, 
 63.12  but applicants may utilize other funding sources.  A portion of 
 63.13  each grant must be targeted for public information activities of 
 63.14  the project. 
 63.15     (f) A project may continue for up to three years.  
 63.16  Multiyear projects must be reevaluated by the technical review 
 63.17  panel and the commissioner before second or third year funding 
 63.18  is approved.  A project is limited to one grant for its funding. 
 63.19     Sec. 28.  Minnesota Statutes 1998, section 17.117, 
 63.20  subdivision 3, is amended to read: 
 63.21     Subd. 3.  [APPROPRIATIONS.] Up to $40,000,000 $140,000,000 
 63.22  of the balance in the water pollution control revolving fund in 
 63.23  section 446A.07, as determined by the public facilities 
 63.24  authority, is appropriated to the commissioner for the 
 63.25  establishment of this program. 
 63.26     Sec. 29.  Minnesota Statutes 1998, section 17.136, is 
 63.27  amended to read: 
 63.28     17.136 [ANIMAL FEEDLOTS; POLLUTION CONTROL; FEEDLOT AND 
 63.29  MANURE MANAGEMENT ADVISORY COMMITTEE.] 
 63.30     (a) The commissioner of agriculture and the commissioner of 
 63.31  the pollution control agency shall establish a feedlot and 
 63.32  manure management advisory committee to identify needs, goals, 
 63.33  and suggest policies for research, monitoring, and regulatory 
 63.34  activities regarding feedlot and manure management.  In 
 63.35  establishing the committee, the commissioner shall give first 
 63.36  consideration to members of the existing feedlot advisory group. 
 64.1      (b) The committee must include representation from beef, 
 64.2   dairy, pork, chicken, and turkey producer organizations.  The 
 64.3   committee shall not exceed 18 21 members, but, after June 30, 
 64.4   1997 1999, must include representatives from at least four 
 64.5   environmental organizations, eight livestock producers, and four 
 64.6   experts in soil and water science, nutrient management, and 
 64.7   animal husbandry, one commercial solid manure applicator who is 
 64.8   not a producer, one commercial liquid manure applicator who is 
 64.9   not a producer, and one member from an organization representing 
 64.10  local units of government, and chairs of the senate and the 
 64.11  house of representatives committees that deal with agricultural 
 64.12  policy or the designees of the chairs.  In addition, the 
 64.13  departments of agriculture, health, and natural resources, the 
 64.14  pollution control agency, board of water and soil resources, 
 64.15  soil and water conservation districts, the federal Natural 
 64.16  Resource Conservation Service, the association of Minnesota 
 64.17  counties, and the Farm Service Agency shall serve on the 
 64.18  committee as ex officio nonvoting members. 
 64.19     (c) The advisory committee shall elect a chair and a 
 64.20  vice-chair from its members.  The department and the agency 
 64.21  shall provide staff support to the committee. 
 64.22     (d) The commissioner of agriculture and the commissioner of 
 64.23  the pollution control agency shall consult with the advisory 
 64.24  committee during the development of any policies, rules, or 
 64.25  funding proposals or recommendations relating to feedlots or 
 64.26  feedlot-related manure management. 
 64.27     (e) The commissioner of agriculture shall consult with the 
 64.28  advisory committee on establishing a list of manure management 
 64.29  research needs and priorities. 
 64.30     (f) The advisory committee shall advise the commissioners 
 64.31  on other appropriate matters. 
 64.32     (g) Nongovernment members of the advisory committee shall 
 64.33  receive expenses, in accordance with section 15.059, subdivision 
 64.34  6.  The advisory committee expires on June 30, 2001. 
 64.35     Sec. 30.  Minnesota Statutes 1998, section 17.457, 
 64.36  subdivision 10, is amended to read: 
 65.1      Subd. 10.  [FEE.] The commissioner shall impose a fee for 
 65.2   permits in an amount sufficient to cover the costs of issuing 
 65.3   the permits and for facility inspections.  The fee may not 
 65.4   exceed $50.  Fee receipts must be deposited in the state 
 65.5   treasury agricultural fund and credited to the special revenue 
 65.6   fund Eurasian wild pigs account and are appropriated to the 
 65.7   commissioner for the purposes of this section. 
 65.8      Sec. 31.  Minnesota Statutes 1998, section 17.59, 
 65.9   subdivision 5, is amended to read: 
 65.10     Subd. 5.  [COMMODITIES RESEARCH AND PROMOTION ACCOUNT.] All 
 65.11  fees collected by the department under sections 17.51 to 17.69 
 65.12  and any other fees and income received by the department in the 
 65.13  administration of these statutes shall be deposited in a 
 65.14  separate account known as the commodity research and promotion 
 65.15  account in the special revenue agricultural fund.  Money in the 
 65.16  account, including interest, is appropriated to the commissioner 
 65.17  to carry out the duties of sections 17.51 to 17.69. 
 65.18     Sec. 32.  [17.710] [AGRICULTURAL PRODUCTION CONTRACTS.] 
 65.19     A production contract entered into, renewed, or amended on 
 65.20  or after July 1, 1999, between an agricultural producer and a 
 65.21  processor of agricultural products must not contain provisions 
 65.22  that prohibit the producer from disclosing terms, conditions, 
 65.23  and prices contained in the contract.  Any provision prohibiting 
 65.24  disclosure by the producer is void. 
 65.25     Sec. 33.  Minnesota Statutes 1998, section 17.85, is 
 65.26  amended to read: 
 65.27     17.85 [LABORATORY SERVICES ACCOUNT.] 
 65.28     A laboratory services account is established in the state 
 65.29  treasury agricultural fund.  Payments for laboratory services 
 65.30  performed by the laboratory services division of the department 
 65.31  of agriculture must be deposited in the state treasury 
 65.32  agricultural fund and credited to the laboratory services 
 65.33  account.  Money in the account, including interest earned on the 
 65.34  account, is annually appropriated to the commissioner of 
 65.35  agriculture to administer the programs of the laboratory 
 65.36  services division. 
 66.1      Sec. 34.  Minnesota Statutes 1998, section 17.982, 
 66.2   subdivision 1, is amended to read: 
 66.3      Subdivision 1.  [CRIMINAL PENALTIES.] A person who violates 
 66.4   chapter 29, 31, 31A, 31B, or 34 for which a penalty has not been 
 66.5   prescribed is guilty of a misdemeanor.  
 66.6      Sec. 35.  Minnesota Statutes 1998, section 17.983, 
 66.7   subdivision 1, is amended to read: 
 66.8      Subdivision 1.  [ADMINISTRATIVE PENALTIES; CITATION.] If a 
 66.9   person has violated chapter 29, 31, 31A, 31B, 32, or 34, the 
 66.10  commissioner may issue a written citation to the person by 
 66.11  personal service or by certified mail.  The citation shall 
 66.12  describe the nature of the violation and the statute or rule 
 66.13  alleged to have been violated; state the time for correction; 
 66.14  and the amount of any proposed fine.  The citation must advise 
 66.15  the person to notify the commissioner in writing within 30 days 
 66.16  if the person wishes to appeal the citation.  If the person 
 66.17  fails to appeal the citation, the citation is the final order 
 66.18  and not subject to further review.  
 66.19     Sec. 36.  Minnesota Statutes 1998, section 17A.11, is 
 66.20  amended to read: 
 66.21     17A.11 [FEES FOR LIVESTOCK WEIGHING.] 
 66.22     The commissioner shall prescribe the fee necessary to cover 
 66.23  the cost of state weighing, to be assessed and collected from 
 66.24  the seller in the manner the commissioner may prescribe.  The 
 66.25  fee assessed must be the same, and the manner of collection of 
 66.26  the fee must be uniform at all facilities.  At any location 
 66.27  where state weighing is performed in accordance with this 
 66.28  chapter and the total annual fees collected are insufficient to 
 66.29  pay the cost of the weighing, the annual deficit shall be 
 66.30  assessed and collected in the manner the commissioner may 
 66.31  prescribe.  Additional money arising from the weighing of 
 66.32  animals by the commissioner, which has been collected and 
 66.33  retained by any person, shall be paid on demand to the 
 66.34  commissioner.  All money collected by the commissioner shall be 
 66.35  deposited in the state treasury agricultural fund and credited 
 66.36  to the livestock weighing fund account.  Money in the account is 
 67.1   appropriated to the commissioner to carry out the duties of 
 67.2   section 17A.10 and for activities and duties required under 
 67.3   chapter 31B. 
 67.4      Sec. 37.  Minnesota Statutes 1998, section 17B.15, 
 67.5   subdivision 1, is amended to read: 
 67.6      Subdivision 1.  [ADMINISTRATION; APPROPRIATION.] The fees 
 67.7   for inspection and weighing shall be fixed by the commissioner 
 67.8   and be a lien upon the grain.  The commissioner shall set fees 
 67.9   for all inspection and weighing in an amount adequate to pay the 
 67.10  expenses of carrying out and enforcing the purposes of sections 
 67.11  17B.01 to 17B.23, including the portion of general support costs 
 67.12  and statewide indirect costs of the agency attributable to that 
 67.13  function, with a reserve sufficient for up to six months.  The 
 67.14  commissioner shall review the fee schedule twice each year.  Fee 
 67.15  adjustments are not subject to chapter 14.  Payment shall be 
 67.16  required for services rendered.  If the grain is in transit, the 
 67.17  fees shall be paid by the carrier and treated as advance 
 67.18  charges, and, if received for storage, the fees shall be paid by 
 67.19  the warehouse operator, and added to the storage charges. 
 67.20     All fees collected and all fines and penalties for 
 67.21  violation of any provision of this chapter shall be deposited in 
 67.22  the grain inspection and weighing account, which is created in 
 67.23  the state treasury agricultural fund for carrying out the 
 67.24  purpose of sections 17B.01 to 17B.23.  The money in the account, 
 67.25  including interest earned on the account, is annually 
 67.26  appropriated to the commissioner of agriculture to administer 
 67.27  the provisions of sections 17B.01 to 17B.23.  When money from 
 67.28  any other account is used to administer sections 17B.01 to 
 67.29  17B.23, the commissioner shall notify the chairs of the 
 67.30  agriculture, environment and natural resources finance, and ways 
 67.31  and means committees of the house of representatives; the 
 67.32  agriculture and rural development and finance committees of the 
 67.33  senate; and the finance division of the environment and natural 
 67.34  resources committee of the senate. 
 67.35     Sec. 38.  Minnesota Statutes 1998, section 18B.05, 
 67.36  subdivision 1, is amended to read: 
 68.1      Subdivision 1.  [ESTABLISHMENT.] A pesticide regulatory 
 68.2   account is established in the state treasury agricultural fund.  
 68.3   Fees and penalties collected under this chapter must be 
 68.4   deposited in the state treasury agricultural fund and credited 
 68.5   to the pesticide regulatory account.  Money in the account, 
 68.6   including interest, is appropriated to the commissioner for the 
 68.7   administration and enforcement of this chapter. 
 68.8      Sec. 39.  Minnesota Statutes 1998, section 18B.26, 
 68.9   subdivision 5, is amended to read: 
 68.10     Subd. 5.  [REVIEW AND REGISTRATION.] (a) The commissioner 
 68.11  may not deny the registration of a pesticide because the 
 68.12  commissioner determines the pesticide is not essential. 
 68.13     (b) The commissioner shall review each application and may 
 68.14  approve, deny, or cancel the registration of any pesticide.  The 
 68.15  commissioner may impose state use and distribution restrictions 
 68.16  on a pesticide as part of the registration to prevent 
 68.17  unreasonable adverse effects on the environment. 
 68.18     (c) The commissioner must notify the applicant of the 
 68.19  approval, denial, cancellation, state use or distribution 
 68.20  restrictions. 
 68.21     (d) The applicant may request a hearing on any adverse 
 68.22  action of the commissioner within 30 days after being notified. 
 68.23     (e) The commissioner may exempt pesticides that have been 
 68.24  deregulated or classified as minimum risk by the United States 
 68.25  Environmental Protection Agency from the requirement of 
 68.26  registration. 
 68.27     Sec. 40.  Minnesota Statutes 1998, section 18C.131, is 
 68.28  amended to read: 
 68.29     18C.131 [FERTILIZER INSPECTION ACCOUNT.] 
 68.30     A fertilizer inspection account is established in the state 
 68.31  treasury.  The fees collected under this chapter and interest 
 68.32  attributable to money in the account must be deposited in the 
 68.33  state treasury and credited to the fertilizer inspection account 
 68.34  in the agricultural fund.  Money in the account, including 
 68.35  interest earned, is appropriated to the commissioner for the 
 68.36  administration and enforcement of this chapter. 
 69.1      Sec. 41.  Minnesota Statutes 1998, section 18E.02, 
 69.2   subdivision 5, is amended to read: 
 69.3      Subd. 5.  [ELIGIBLE PERSON.] "Eligible person" means: 
 69.4      (1) a responsible party or an owner of real property, but 
 69.5   does not include the state, a state agency, a political 
 69.6   subdivision of the state, except as provided in clause (2), the 
 69.7   federal government, or an agency of the federal government; 
 69.8      (2) the owners of municipal airports at Perham, Madison, 
 69.9   and Hector, in Minnesota where a licensed aerial pesticide 
 69.10  applicator has caused an incident through storage, handling, or 
 69.11  distribution operations for agricultural chemicals if (i) the 
 69.12  commissioner has determined that corrective action is necessary 
 69.13  and (ii) the commissioner determines, and the agricultural 
 69.14  chemical response compensation board concurs, that based on an 
 69.15  affirmative showing made by the owner, a responsible party 
 69.16  cannot be identified or the identified responsible party is 
 69.17  unable to comply with an order for corrective action; or 
 69.18     (3) a person involved in a transaction relating to real 
 69.19  property who is not a responsible party or owner of the real 
 69.20  property and who voluntarily takes corrective action on the 
 69.21  property in response to a request or order for corrective action 
 69.22  from the commissioner, except an owner of a municipal airport 
 69.23  not listed in clause (2). 
 69.24     Sec. 42.  Minnesota Statutes 1998, section 18E.03, 
 69.25  subdivision 1, is amended to read: 
 69.26     Subdivision 1.  [ESTABLISHMENT.] The agricultural chemical 
 69.27  response and reimbursement account is established as an account 
 69.28  in the state treasury agricultural fund.  
 69.29     Sec. 43.  [18E.035] [FINANCIAL SECURITY; MUNICIPAL 
 69.30  AIRPORTS.] 
 69.31     As a condition for the use of space or facilities for the 
 69.32  storage, handling, or distribution of agricultural chemicals on 
 69.33  the grounds of a municipal airport, a licensed aerial pesticide 
 69.34  applicator shall hold the owner of the airport harmless for any 
 69.35  expenses to cover necessary corrective actions caused by the 
 69.36  applicator. 
 70.1      Sec. 44.  Minnesota Statutes 1998, section 21.115, is 
 70.2   amended to read: 
 70.3      21.115 [FEES; SEED POTATO INSPECTION FUND ACCOUNT.] 
 70.4      The commissioner shall fix the fees for all inspections and 
 70.5   certifications in such amounts as from time to time may be found 
 70.6   necessary to pay the expenses of carrying out and enforcing the 
 70.7   purposes of sections 21.111 to 21.122, with a reasonable 
 70.8   reserve, and shall require the same to be paid before such 
 70.9   inspections or certifications are made.  All moneys collected as 
 70.10  fees or as penalties for violations of any of the provisions of 
 70.11  such sections shall be paid into the state treasury agricultural 
 70.12  fund and therein credited to the seed potato inspection fund 
 70.13  account of the commissioner, which fund account is hereby 
 70.14  created and appropriated for carrying out the purposes of 
 70.15  sections 21.111 to 21.122.  Interest, if any, received on 
 70.16  deposits of these moneys shall be credited to such fund the 
 70.17  account, and there shall be paid into this fund any sum provided 
 70.18  by the legislature for the purpose of carrying out the 
 70.19  provisions of such sections.  
 70.20     Sec. 45.  Minnesota Statutes 1998, section 21.116, is 
 70.21  amended to read: 
 70.22     21.116 [EXPENSES.] 
 70.23     All necessary expenses incurred in carrying out the 
 70.24  provisions of sections 21.111 to 21.122 and the compensation of 
 70.25  officers, inspectors, and employees appointed, designated, or 
 70.26  employed by the commissioner, as provided in such sections, 
 70.27  together with their necessary traveling expenses, together with 
 70.28  the traveling expenses of the members of the advisory seed 
 70.29  potato certification committee, and other expenses necessary in 
 70.30  attending committee meetings, shall be paid from, and only from, 
 70.31  the seed potato inspection fund account, on order of the 
 70.32  commissioner and commissioner of finance's voucher warrant.  
 70.33     Sec. 46.  Minnesota Statutes 1998, section 21.90, 
 70.34  subdivision 3, is amended to read: 
 70.35     Subd. 3.  [TESTS OF VARIETIES.] If the commissioner needs 
 70.36  to verify that a hybrid seed field corn variety is adapted to 
 71.1   the corn growing zone declared by the originator or owner, it 
 71.2   must, when grown in several official comparative trials by the 
 71.3   director of the Minnesota agricultural experiment station in the 
 71.4   declared zone of adaptation, have an average kernel moisture at 
 71.5   normal harvest time which does not differ from the average 
 71.6   kernel moisture content of three or more selected standard 
 71.7   varieties adapted for grain production in that particular 
 71.8   growing zone by more than four percentage points.  If a new 
 71.9   variety when tested has more than six percentage points of 
 71.10  moisture over the standard variety, it must have the relative 
 71.11  maturity increased by five days in the correct zone of 
 71.12  adaptation before it can be sold the second year.  If it does 
 71.13  not exceed the standard varieties by more than five percentage 
 71.14  points of moisture the second year tested, it can be sold the 
 71.15  third year with the same relative maturity.  If upon being 
 71.16  tested the third year the moisture percentage points are found 
 71.17  to be over the four percentage points allowed, the variety then 
 71.18  must have the relative maturity increased by five days in the 
 71.19  correct zone.  The varieties to be used as standard varieties 
 71.20  for determining adaptability to a zone shall be selected for 
 71.21  each zone by the director of the Minnesota agricultural 
 71.22  experiment station with the advice and consent of the 
 71.23  commissioner of agriculture.  Should a person, firm, originator, 
 71.24  or owner of a hybrid seed field corn variety wish to offer 
 71.25  hybrid seed for sale or distribution in this state, the person, 
 71.26  firm, originator, or owner not having distributed any products 
 71.27  in Minnesota during the past ten years, or not having any record 
 71.28  of testing by an agency acceptable to the commissioner, then 
 71.29  after registration of the variety the commissioner is required 
 71.30  to have the variety tested for one year by the director of the 
 71.31  Minnesota agricultural experiment station before it may be 
 71.32  distributed in Minnesota.  Should any person, firm, originator, 
 71.33  or owner of a seed field corn variety be guilty of two 
 71.34  successive violations with respect to the declaration of 
 71.35  relative maturity date and zone number, then the violator must 
 71.36  commence a program of pretesting for varieties as determined by 
 72.1   the commissioner.  The list of varieties to be used as standards 
 72.2   in each growing zone shall be sent by the commissioner not later 
 72.3   than February 1 of each year to each seed firm registering 
 72.4   hybrid varieties with the commissioner as of the previous April 
 72.5   1.  To assist in defraying the expenses of the Minnesota 
 72.6   agricultural experiment station in carrying out the provisions 
 72.7   of this section, there shall be transferred annually from the 
 72.8   seed inspection fund account to the agricultural experiment 
 72.9   station a sum which shall at least equal 80 percent of the total 
 72.10  revenue from all hybrid seed field corn variety registrations.  
 72.11     Sec. 47.  Minnesota Statutes 1998, section 21.92, is 
 72.12  amended to read: 
 72.13     21.92 [SEED INSPECTION FUND ACCOUNT.] 
 72.14     There is established in the state treasury agricultural 
 72.15  fund an account known as the seed inspection fund account.  Fees 
 72.16  and penalties collected by the commissioner under sections 21.80 
 72.17  to 21.92 and interest attributable to money in the account shall 
 72.18  be deposited into this account.  The rates at which the fees are 
 72.19  charged may be adjusted pursuant to section 16A.1285.  Money in 
 72.20  the account, including interest earned, is appropriated to the 
 72.21  commissioner for the administration and enforcement of sections 
 72.22  21.80 to 21.92. 
 72.23     Sec. 48.  Minnesota Statutes 1998, section 25.39, 
 72.24  subdivision 4, is amended to read: 
 72.25     Subd. 4.  [COMMERCIAL FEED INSPECTION ACCOUNT.] A 
 72.26  commercial feed inspection account is established in the state 
 72.27  treasury agricultural fund.  Fees and penalties collected under 
 72.28  sections 25.35 to 25.43 and interest attributable to money in 
 72.29  the account must be deposited in the state treasury agricultural 
 72.30  fund and credited to the commercial feed inspection 
 72.31  account.  Money in the account, including interest earned, is 
 72.32  appropriated to the commissioner for the administration and 
 72.33  enforcement of sections 25.341 to 25.43. 
 72.34     Sec. 49.  Minnesota Statutes 1998, section 27.07, 
 72.35  subdivision 6, is amended to read: 
 72.36     Subd. 6.  [COOPERATIVE AGREEMENTS; FEES; ACCOUNT.] The 
 73.1   commissioner may collect fees as provided for in cooperative 
 73.2   agreements between the commissioner and the United States 
 73.3   Department of Agriculture for the inspection of fresh fruits, 
 73.4   vegetables, and other products.  The fees and interest 
 73.5   attributable to money in the account must be deposited in the 
 73.6   state treasury agricultural fund and credited to a fruit and 
 73.7   vegetables inspection account.  Money in the account, including 
 73.8   interest earned, is appropriated to the commissioner to 
 73.9   administer the cooperative agreements. 
 73.10     Sec. 50.  Minnesota Statutes 1998, section 28A.075, is 
 73.11  amended to read: 
 73.12     28A.075 [DELEGATION TO LOCAL BOARD OF HEALTH.] 
 73.13     (a) At the request of a local board of health that licensed 
 73.14  and inspected grocery and convenience stores on January 1, 1999, 
 73.15  the commissioner may must enter into an agreement agreements 
 73.16  before January 1, 2001, with a local board boards of health to 
 73.17  delegate all or part of to the appropriate local board of health 
 73.18  the licensing and inspection duties of the commissioner 
 73.19  pertaining to retail food handlers that are grocery or 
 73.20  convenience stores.  Retail grocery or convenience stores 
 73.21  inspected under the state meat inspection program of chapter 31A 
 73.22  are exempt from delegation. 
 73.23     (b) A local board of health must adopt an ordinance 
 73.24  consistent with the Minnesota Food Code, Minnesota Rules, 
 73.25  chapter 4626, for all of its jurisdiction to regulate grocery 
 73.26  and convenience stores and the ordinance (Food Code) must not be 
 73.27  in conflict with standards set in law or rule. 
 73.28     Sec. 51.  [28A.0752] [DELEGATION OF POWERS AND DUTIES.] 
 73.29     Subdivision 1.  [AGREEMENTS TO PERFORM DUTIES OF THE 
 73.30  COMMISSIONER.] (a) Agreements to delegate licensing and 
 73.31  inspection duties pertaining to retail grocery or convenience 
 73.32  stores shall include licensing, inspection, reporting and 
 73.33  enforcement duties authorized under sections 17.04, 28A.13, 
 73.34  29.21, 29.23, 29.235, 29.236, 29.237, 29.24, 29.25, 29.26, 
 73.35  29.27, 29.28, 30.003, 30.01, 30.099, 30.103, 30.104, 30.15, 
 73.36  30.19, 30.49, 30.50, 30.55, 30.56, 30.57, 30.58, and 30.59, 
 74.1   appropriate sections of the Minnesota Food Law, chapter 31, and 
 74.2   applicable Minnesota food rules. 
 74.3      (b) Agreements are subject to subdivision 3. 
 74.4      (c) This subdivision does not affect agreements entered 
 74.5   into under section 28A.075 or current cooperative agreements 
 74.6   which base inspections and licensing responsibility on the 
 74.7   firm's most predominant mode of business. 
 74.8      Subd. 2.  [AGREEMENTS TO PERFORM DUTIES OF THE 
 74.9   COMMISSIONER.] An agreement to delegate licensing and inspection 
 74.10  of retail food handlers that are grocery or convenience stores 
 74.11  to a local board of health must be approved by the commissioner 
 74.12  and is subject to subdivision 3. 
 74.13     Subd. 3.  [TERMS OF AGREEMENTS.] (a) Agreements authorized 
 74.14  under this section must be in writing and signed by the 
 74.15  delegating authority and the designated agent. 
 74.16     (b) The agreement must list criteria the delegating 
 74.17  authority will use to determine if the designated agent's 
 74.18  performance meets appropriate standards and is sufficient to 
 74.19  replace performance by the delegating authority. 
 74.20     (c) The agreement may specify minimum staff requirements 
 74.21  and qualifications, set procedures for the assessment of costs, 
 74.22  and provide for termination procedures if the delegating 
 74.23  authority determines that the designated agent has failed to 
 74.24  comply with the agreement. 
 74.25     (d) The delegating authority and the designated agent are 
 74.26  required to perform inspections utilizing the Minnesota Food 
 74.27  Code's minimum and maximum standards. 
 74.28     (e) A designated agent must not perform licensing, 
 74.29  inspection, or enforcement duties under the agreement in 
 74.30  territory outside its jurisdiction unless approved by the 
 74.31  commissioner and governing body for that territory through a 
 74.32  separate agreement. 
 74.33     (f) The scope of agreements established under this section 
 74.34  is limited to duties and responsibilities agreed upon by the 
 74.35  parties.  The agreement may provide for automatic renewal and 
 74.36  for notice of intent to terminate by either party. 
 75.1      (g) During the life of the agreement, the delegating 
 75.2   authority shall not perform duties that the designated agent is 
 75.3   required to perform under the agreement, except inspections 
 75.4   necessary to determine compliance with the agreement and this 
 75.5   section or as agreed to by the parties. 
 75.6      (h) The delegating authority shall consult with, advise, 
 75.7   and assist a designated agent in the performance of its duties 
 75.8   under the agreement. 
 75.9      (i) This section does not alter the responsibility of the 
 75.10  delegating authority for the performance of duties specified by 
 75.11  law and rule. 
 75.12     Sec. 52.  Minnesota Statutes 1998, section 28A.08, 
 75.13  subdivision 3, as amended by Laws 1999, chapter 59, section 2, 
 75.14  is amended to read: 
 75.15     Subd. 3.  [FEES EFFECTIVE JULY 1, 1999.] 
 75.16                                                    Penalties 
 75.17  Type of food handler                    License    Late     No
 75.18                                          Fee      Renewal  License
 75.19                                          Effective 
 75.20                                          July 1,
 75.21                                          1999
 75.22  1.   Retail food handler
 75.23       (a) Having gross sales of only
 75.24       prepackaged nonperishable food
 75.25       of less than $15,000 for 
 75.26       the immediately previous 
 75.27       license or fiscal year and 
 75.28       filing a statement with the 
 75.29       commissioner                       $ 45     $ 15     $ 25
 75.30                                          $ 48     $ 16     $ 27
 75.31       (b) Having under $15,000 gross
 75.32       sales including food preparation 
 75.33       or having $15,000 to $50,000 
 75.34       gross sales for the immediately 
 75.35       previous license or fiscal year    $ 61     $ 15     $ 25
 75.36                                          $ 65     $ 16     $ 27
 76.1        (c) Having $50,000 to $250,000 
 76.2        gross sales for the immediately 
 76.3        previous license or fiscal year    $118     $ 35     $ 75 
 76.4                                           $126     $ 37     $ 80
 76.5        (d) Having $250,000 to 
 76.6        $1,000,000 gross sales for the 
 76.7        immediately previous license or 
 76.8        fiscal year                        $202     $ 50     $100
 76.9                                           $216     $ 54     $107
 76.10       (e) Having $1,000,000 to 
 76.11       $5,000,000 gross sales for the 
 76.12       immediately previous license or 
 76.13       fiscal year                        $562     $100     $175
 76.14                                          $601     $107     $187
 76.15       (f) Having $5,000,000 to
 76.16       $10,000,000 gross sales for the
 76.17       immediately previous license or
 76.18       fiscal year                        $787     $150     $300
 76.19                                          $842     $161     $321
 76.20       (g) Having over $10,000,000
 76.21       gross sales for the immediately
 76.22       previous license or fiscal year    $899     $200     $350
 76.23                                          $962     $214     $375
 76.24  2.   Wholesale food handler
 76.25       (a) Having gross sales or
 76.26       service of less than $25,000
 76.27       for the immediately previous 
 76.28       license or fiscal year             $ 50     $ 15     $ 15
 76.29                                          $ 54     $ 16     $ 16
 76.30       (b) Having $25,000 to
 76.31       $250,000 gross sales or
 76.32       service for the immediately 
 76.33       previous license or fiscal year    $225     $ 50     $100
 76.34                                          $241     $ 54     $107
 76.35       (c) Having $250,000 to 
 76.36       $1,000,000 gross sales or
 77.1        service from a mobile unit
 77.2        without a separate food facility
 77.3        for the immediately previous
 77.4        license or fiscal year             $337     $ 75     $150
 77.5                                           $361     $ 80     $161
 77.6        (d) Having $250,000 to 
 77.7        $1,000,000 gross sales or
 77.8        service not covered under 
 77.9        paragraph (c) for the immediately 
 77.10       previous license or fiscal year    $449     $100     $200
 77.11                                          $480     $107     $214
 77.12       (e) Having $1,000,000 to
 77.13       $5,000,000 gross sales or 
 77.14       service for the immediately 
 77.15       previous license or fiscal year    $562     $125     $250
 77.16                                          $601     $134     $268
 77.17       (f) Having over $5,000,000 gross
 77.18       sales for the immediately 
 77.19       previous license or fiscal year    $647     $150     $300
 77.20                                          $692     $161     $321
 77.21  3.   Food broker                        $112     $ 30     $ 50
 77.22                                          $120     $ 32     $ 54
 77.23  4.   Wholesale food processor
 77.24       or manufacturer 
 77.25       (a) Having gross sales of less 
 77.26       than $125,000 for the 
 77.27       immediately previous license 
 77.28       or fiscal year                     $150     $ 50     $100
 77.29                                          $161     $ 54     $107
 77.30       (b) Having $125,000 to $250,000
 77.31       gross sales for the immediately 
 77.32       previous license or fiscal year    $310     $ 75     $150
 77.33                                          $332     $ 80     $161
 77.34       (c) Having $250,001 to $1,000,000
 77.35       gross sales for the immediately 
 77.36       previous license or fiscal year    $449     $100     $200
 78.1                                           $480     $107     $214
 78.2        (d) Having $1,000,001 to
 78.3        5,000,000 gross sales for the
 78.4        immediately previous license or
 78.5        fiscal year                        $562     $125     $250
 78.6                                           $601     $134     $268
 78.7        (e) Having $5,000,001 to 
 78.8        $10,000,000 gross sales for 
 78.9        the immediately previous 
 78.10       license or fiscal year             $647     $150     $300 
 78.11                                          $692     $161     $321
 78.12       (f) Having over $10,000,000 
 78.13       gross sales for the immediately 
 78.14       previous license or fiscal year    $900     $200     $350
 78.15                                          $963     $214     $375
 78.16  5.   Wholesale food processor of
 78.17       meat or poultry products
 78.18       under supervision of the
 78.19       U. S. Department of Agriculture 
 78.20       (a) Having gross sales of less 
 78.21       than $125,000 for the 
 78.22       immediately previous license 
 78.23       or fiscal year                     $100     $ 25     $ 50
 78.24                                          $107     $ 27     $ 54
 78.25       (b) Having $125,000 to 
 78.26       $250,000 gross sales for the
 78.27       immediately previous license
 78.28       or fiscal year                     $169     $ 50     $ 75
 78.29                                          $181     $ 54     $ 80
 78.30       (c) Having $250,001 to
 78.31       $1,000,000 gross sales for the
 78.32       immediately previous license
 78.33       or fiscal year                     $253     $ 75     $125
 78.34                                          $271     $ 80     $134
 78.35       (d) Having $1,000,001 to
 78.36       $5,000,000 gross sales 
 79.1        for the immediately previous 
 79.2        license or fiscal year             $310     $ 75     $150
 79.3                                           $332     $ 80     $161
 79.4        (e) Having $5,000,001 to 
 79.5        $10,000,000 gross sales for 
 79.6        the immediately previous 
 79.7        license or fiscal year             $366     $100     $175 
 79.8                                           $392     $107     $187
 79.9        (f) Having over $10,000,000 
 79.10       gross sales for the immediately 
 79.11       previous license or fiscal year    $500     $150     $250 
 79.12                                          $535     $161     $268
 79.13  6.   Wholesale food processor or
 79.14       manufacturer operating only at
 79.15       the state fair                     $125     $ 40     $ 50 
 79.16  7.   Wholesale food manufacturer
 79.17       having the permission of the
 79.18       commissioner to use the name
 79.19       Minnesota Farmstead cheese         $ 30     $ 10     $ 15
 79.20   8.  Nonresident frozen dairy 
 79.21       manufacturer                       $200     $ 50     $ 75
 79.22   9.  Wholesale food manufacturer
 79.23       processing less than 700,000
 79.24       pounds per year of raw milk        $ 30     $ 10     $ 15
 79.25   10. A milk marketing organization
 79.26       without facilities for 
 79.27       processing or manufacturing 
 79.28       that purchases milk from milk
 79.29       producers for delivery to a
 79.30       licensed wholesale food 
 79.31       processor or manufacturer          $ 50     $ 15     $ 25
 79.32       producers for delivery to a
 79.33       licensed wholesale food 
 79.34       processor or manufacturer          $ 50     $ 15     $ 25
 79.35     Sec. 53.  [28A.081] [CERTIFICATE FEES.] 
 79.36     A fee of $75 for each certificate shall be charged to all 
 80.1   food establishments that request certificates issued by the 
 80.2   Minnesota department of agriculture to facilitate the movement 
 80.3   of Minnesota processed and manufactured foods destined for 
 80.4   export from the state of Minnesota.  Certificates include, but 
 80.5   are not limited to, a certificate of free sale, certificate of 
 80.6   export, certificate of sanitation, sanitary certificate, 
 80.7   certificate of origin and/or free sale, certificate of health 
 80.8   and/or free sale, sanitation, and purity, certificate of free 
 80.9   trade, certificate of free sale, sanitation, purity, and origin, 
 80.10  certificate of health, sanitation, purity, and free sale, and 
 80.11  letter of plant certification. 
 80.12     The commissioner shall bill a food establishment within 
 80.13  seven days after issuing a certificate to the establishment.  
 80.14  The operator of the food establishment must submit payment for a 
 80.15  certificate within ten days of the billing date.  If a 
 80.16  certificate fee payment is not received within 15 days of the 
 80.17  billing date, the commissioner may not issue any future 
 80.18  certificates until previous fees due are paid in full. 
 80.19     Sec. 54.  Minnesota Statutes 1998, section 29.22, 
 80.20  subdivision 5, is amended to read: 
 80.21     Subd. 5.  [DISPOSITION OF FEES.] All fees collected and all 
 80.22  fines paid for a violation of sections 29.21 to 29.28 or rules 
 80.23  promulgated under those sections, as well as all license fees 
 80.24  and penalties must be deposited in the state treasury 
 80.25  agricultural fund, and credited to a separate account to be 
 80.26  known as the egg law inspection fund account, which is hereby 
 80.27  created, set aside, and appropriated as a revolving fund account 
 80.28  to be used by the department to help defray the expense of 
 80.29  inspection, supervision, and enforcement of sections 29.21 to 
 80.30  29.28 and is in addition to and not in substitution for the sums 
 80.31  regularly appropriated or otherwise made available for this 
 80.32  purpose to the department. 
 80.33     Sec. 55.  Minnesota Statutes 1998, section 31.101, 
 80.34  subdivision 10, is amended to read: 
 80.35     Subd. 10.  [MEAT AND POULTRY RULES.] Federal regulations in 
 80.36  effect on April 1, 1997 January 1, 1999, as provided by Code of 
 81.1   Federal Regulations, title 9, parts part 301 to 362 and 381 to 
 81.2   391, with the exception of Subpart C-Exemptions, sections 381.10 
 81.3   to 381.15 et seq., are incorporated as part of the meat and 
 81.4   poultry rules in this state.  The rules may be amended by the 
 81.5   commissioner under chapter 14. 
 81.6      Sec. 56.  Minnesota Statutes 1998, section 31.94, is 
 81.7   amended to read: 
 81.8      31.94 [COMMISSIONER DUTIES.] 
 81.9      (a) The commissioner shall enforce sections 31.92 to 31.95. 
 81.10  The commissioner shall withhold from sale or trade any product 
 81.11  sold, labeled, or advertised in violation of sections 31.92 to 
 81.12  31.95. 
 81.13     (b) The commissioner shall investigate the offering for 
 81.14  sale, labeling, or advertising of an article or substance as 
 81.15  organically grown, organically processed, or produced in an 
 81.16  organic environment if there is reason to believe that action is 
 81.17  in violation of sections 31.92 to 31.95. 
 81.18     (c) The commissioner may adopt rules that further clarify 
 81.19  organic food standards and marketing practices. 
 81.20     (d) In order to promote opportunities for organic 
 81.21  agriculture in Minnesota, the commissioner shall: 
 81.22     (1) survey producers and support services and organizations 
 81.23  to determine information and research needs in the area of 
 81.24  organic agriculture practices; 
 81.25     (2) work with the University of Minnesota to demonstrate 
 81.26  the on-farm applicability of organic agriculture practices to 
 81.27  conditions in this state; 
 81.28     (3) direct the programs of the department so as to work 
 81.29  toward the promotion of organic agriculture in this state; 
 81.30     (4) inform agencies of how state or federal programs could 
 81.31  utilize and support organic agriculture practices; and 
 81.32     (5) work closely with farmers, the University of Minnesota, 
 81.33  the Minnesota trade office, and other appropriate organizations 
 81.34  to identify opportunities and needs as well as ensure 
 81.35  coordination and avoid duplication of state agency efforts 
 81.36  regarding research, teaching, and extension work relating to 
 82.1   organic agriculture. 
 82.2      (e) By November 15 of each even-numbered year the 
 82.3   commissioner, in conjunction with the task force created in 
 82.4   section 31.95, subdivision 3a, shall report on the status of 
 82.5   organic agriculture in Minnesota to the legislative policy and 
 82.6   finance committees and divisions with jurisdiction over 
 82.7   agriculture.  The report must include: 
 82.8      (1) a description of current state or federal programs 
 82.9   directed toward organic agriculture, including significant 
 82.10  results and experiences of those programs; 
 82.11     (2) a description of specific actions the department of 
 82.12  agriculture is taking in the area of organic agriculture, 
 82.13  including the proportion of the department's budget spent on 
 82.14  organic agriculture; 
 82.15     (3) a description of current and future research needs at 
 82.16  all levels in the area of organic agriculture; and 
 82.17     (4) suggestions for changes in existing programs or 
 82.18  policies or enactment of new programs or policies that will 
 82.19  affect organic agriculture. 
 82.20     Sec. 57.  Minnesota Statutes 1998, section 31.95, 
 82.21  subdivision 3a, is amended to read: 
 82.22     Subd. 3a.  [CERTIFICATION ORGANIZATIONS.] (a) A Minnesota 
 82.23  grown organic product that is labeled "certified" must be 
 82.24  certified by a designated certification organization.  
 82.25     (b) A certified organic product sold in this state must be 
 82.26  certified by a designated certification organization or by a 
 82.27  certification organization approved by the commissioner.  Before 
 82.28  approving a certification organization, the commissioner must 
 82.29  seek the evaluation and recommendation of the Minnesota organic 
 82.30  advisory task force. 
 82.31     (c) The commissioner shall appoint a Minnesota organic 
 82.32  advisory task force composed of members of the organic industry 
 82.33  to advise the commissioner on organic issues.  Members of the 
 82.34  task force may not be paid compensation or costs for expenses to 
 82.35  advise the commissioner on policies and practices to improve 
 82.36  organic agriculture in Minnesota.  The task force shall consist 
 83.1   of the following residents of the state: 
 83.2      (1) three farmers using organic agriculture methods; 
 83.3      (2) one organic food retailer or distributor; 
 83.4      (3) one representative of organic food certification 
 83.5   agencies; 
 83.6      (4) one organic food processor; 
 83.7      (5) one representative from the Minnesota extension 
 83.8   service; 
 83.9      (6) one representative from an environmental nonprofit 
 83.10  organization; 
 83.11     (7) two at-large members; and 
 83.12     (8) one representative from the agricultural utilization 
 83.13  research institute.  Terms, compensation, and removal of members 
 83.14  are governed by section 15.059, subdivision 6.  The task 
 83.15  force must meet at least twice each year and expires on June 30, 
 83.16  2001 2003. 
 83.17     Sec. 58.  Minnesota Statutes 1998, section 31A.01, is 
 83.18  amended to read: 
 83.19     31A.01 [POLICY.] 
 83.20     Meat, poultry, and meat food products are an important 
 83.21  source of the nation's total supply of food.  It is essential in 
 83.22  the public interest that the health and welfare of consumers be 
 83.23  protected by assuring that meat, poultry, and meat food products 
 83.24  distributed to them are wholesome, unadulterated, and properly 
 83.25  marked, labeled, and packaged.  Unwholesome, adulterated, or 
 83.26  misbranded meat, poultry, or meat food products injure the 
 83.27  public welfare, destroy markets for wholesome, unadulterated, 
 83.28  and properly labeled and packaged meat, poultry, and meat food 
 83.29  products, and result in losses to livestock producers and 
 83.30  processors of meat, poultry, and meat food products and injury 
 83.31  to consumers.  Unwholesome, adulterated, mislabeled, or 
 83.32  deceptively packaged articles can be sold at lower prices and 
 83.33  compete unfairly with wholesome, unadulterated, and properly 
 83.34  labeled and packaged articles, to the detriment of consumers and 
 83.35  the general public.  
 83.36     Regulation by the commissioner and cooperation between this 
 84.1   state and the United States under this chapter are appropriate 
 84.2   to protect the health and welfare of consumers and accomplish 
 84.3   the purposes of this chapter.  
 84.4      Sec. 59.  Minnesota Statutes 1998, section 31A.02, 
 84.5   subdivision 4, is amended to read: 
 84.6      Subd. 4.  [ANIMALS.] "Animals" means cattle, swine, sheep, 
 84.7   goats, poultry, farmed cervidae, as defined in section 17.451, 
 84.8   subdivision 2, llamas, as defined in section 17.455, subdivision 
 84.9   2, ratitae, as defined in section 17.453, subdivision 3, horses, 
 84.10  equines, and other large domesticated animals, not including 
 84.11  poultry.  
 84.12     Sec. 60.  Minnesota Statutes 1998, section 31A.02, is 
 84.13  amended by adding a subdivision to read: 
 84.14     Subd. 17a.  [FEDERAL POULTRY INSPECTION ACT.] "Federal 
 84.15  Poultry Inspection Act" means the Federal Poultry Products 
 84.16  Inspection Act, as amended. 
 84.17     Sec. 61.  Minnesota Statutes 1998, section 31A.02, is 
 84.18  amended by adding a subdivision to read: 
 84.19     Subd. 24.  [POULTRY.] "Poultry" means any domesticated 
 84.20  bird, including, but not limited to, chickens, turkeys, ducks, 
 84.21  geese, or guineas. 
 84.22     Sec. 62.  Minnesota Statutes 1998, section 31A.15, 
 84.23  subdivision 1, is amended to read: 
 84.24     Subdivision 1.  [INSPECTION.] The provisions of sections 
 84.25  31A.01 to 31A.16 requiring inspection of the slaughter of 
 84.26  animals and the preparation of the carcasses, parts of 
 84.27  carcasses, meat, poultry, and meat food products at 
 84.28  establishments conducting slaughter and preparation do not apply:
 84.29     (1) to the processing by a person of the person's own 
 84.30  animals and the owner's preparation and transportation in 
 84.31  intrastate commerce of the carcasses, parts of carcasses, meat, 
 84.32  poultry, and meat food products of those animals exclusively for 
 84.33  use by the owner and members of the owner's household, nonpaying 
 84.34  guests, and employees; or 
 84.35     (2) to the custom processing by a person of cattle, sheep, 
 84.36  swine, poultry, or goats delivered by the owner for processing, 
 85.1   and the preparation or transportation in intrastate commerce of 
 85.2   the carcasses, parts of carcasses, meat, poultry, and meat food 
 85.3   products of animals, exclusively for use in the household of the 
 85.4   owner by the owner and members of the owner's household, 
 85.5   nonpaying guests, and employees.  Meat from custom processing of 
 85.6   cattle, sheep, swine, poultry, or goats must be identified and 
 85.7   handled as required by the commissioner, during all phases of 
 85.8   processing, chilling, cooling, freezing, preparation, storage, 
 85.9   and transportation.  The custom processor may not engage in the 
 85.10  business of buying or selling carcasses, parts of carcasses, 
 85.11  meat, poultry, or meat food products of animals usable as human 
 85.12  food unless the carcasses, parts of carcasses, meat, poultry, or 
 85.13  meat food products have been inspected and passed and are 
 85.14  identified as inspected and passed by the Minnesota department 
 85.15  of agriculture or the United States Department of Agriculture.  
 85.16     Sec. 63.  Minnesota Statutes 1998, section 31A.21, 
 85.17  subdivision 1, is amended to read: 
 85.18     Subdivision 1.  [DESIGNATION.] The Minnesota department of 
 85.19  agriculture is the state agency responsible for cooperating with 
 85.20  the United States Secretary of Agriculture under section 301 of 
 85.21  the Federal Meat Inspection Act and of the Poultry Products 
 85.22  Inspection Act to develop and administer the state meat 
 85.23  inspection program under this chapter so that its requirements 
 85.24  at least equal those imposed under titles I and IV of the 
 85.25  Federal Meat Inspection Act and of the Poultry Products 
 85.26  Inspection Act to develop and administer the state program under 
 85.27  sections 31A.17 to 31A.20 to carry out the purposes of this 
 85.28  chapter and the federal act.  
 85.29     Sec. 64.  Minnesota Statutes 1998, section 31A.21, 
 85.30  subdivision 3, is amended to read: 
 85.31     Subd. 3.  [ADVICE; CONSULTATION.] The Minnesota department 
 85.32  of agriculture may recommend to the United States Secretary of 
 85.33  Agriculture officials or employees of this state for appointment 
 85.34  to the advisory committees provided for in section 301 of the 
 85.35  Federal Meat Inspection Act and of the Poultry Products 
 85.36  Inspection Act.  The Minnesota department of agriculture shall 
 86.1   serve as the representative of the governor for consultation 
 86.2   with the secretary under paragraph (c) of section 301 of the 
 86.3   Federal Meat Inspection Act and of the Poultry Products 
 86.4   Inspection Act unless the governor selects another 
 86.5   representative.  
 86.6      Sec. 65.  Minnesota Statutes 1998, section 31A.31, is 
 86.7   amended to read: 
 86.8      31A.31 [CITATION.] 
 86.9      This chapter may be cited as the Minnesota Meat and Poultry 
 86.10  Inspection Act. 
 86.11     Sec. 66.  [31B.07] [PRICE AND CONTRACT REPORTS.] 
 86.12     Subdivision 1.  [DAILY PRICE REPORTS.] (a) At the close of 
 86.13  each business day on which a packer purchased or received on 
 86.14  contract livestock for slaughter, the packer must report to the 
 86.15  United States Department of Agriculture, Agricultural Marketing 
 86.16  Service, and the commissioner of agriculture all prices paid for 
 86.17  livestock under contract and through cash market sales during 
 86.18  that business day, including: 
 86.19     (1) the amount of the base price and a description of the 
 86.20  formula used to establish that base price; 
 86.21     (2) a description of the types and amount of any premiums 
 86.22  or discounts including but not limited to quality 
 86.23  characteristics, grade and yield, volume, early delivery, 
 86.24  percent lean, and transportation or acquisition cost savings to 
 86.25  the packer; and 
 86.26     (3) the basis on which payment was made including 
 86.27  live-weight, carcass weight, or value in the meat.  
 86.28     (b) The commissioner shall make information reported by 
 86.29  packers available to the public, through an electronic medium, 
 86.30  on the day succeeding the day covered by the packer's report.  
 86.31  The disclosure of information reported by the commissioner may 
 86.32  be made only in a form that ensures that: 
 86.33     (1) the identity of the parties involved in any transaction 
 86.34  described in a report is not disclosed; 
 86.35     (2) the identity of the packer submitting a report is not 
 86.36  disclosed; and 
 87.1      (3) the confidentiality of proprietary business information 
 87.2   is otherwise protected. 
 87.3      Subd. 2.  [QUARTERLY REPORTS; COMMISSIONER PUBLICATION OF 
 87.4   TERMS AND PRICE.] (a) A packer that acquires livestock for 
 87.5   slaughter under contract with one or more producers shall, 
 87.6   within ten business days after the close of each calendar 
 87.7   quarter, provide a report to the commissioner.  The report must 
 87.8   include copies of each type of marketing agreement, contract, 
 87.9   and joint venture agreement used by the packer to procure 
 87.10  slaughter livestock from producers during the previous calendar 
 87.11  quarter. 
 87.12     (b) Not later than 15 business days after packers have 
 87.13  provided reports required under paragraph (a), the commissioner 
 87.14  shall release to the agricultural press and other interested 
 87.15  parties a summary report of the contract terms and prices 
 87.16  offered by packers to producers during the previous calendar 
 87.17  quarter.  
 87.18     Subd. 3.  [EXPIRATION.] The reporting provisions of this 
 87.19  section expire 30 days after a department or agency of the 
 87.20  federal government has a price reporting requirement at least as 
 87.21  comprehensive as this section. 
 87.22     Sec. 67.  Minnesota Statutes 1998, section 32.21, 
 87.23  subdivision 4, is amended to read: 
 87.24     Subd. 4.  [PENALTIES.] (a) A person, other than a milk 
 87.25  producer, who violates this section is guilty of a misdemeanor 
 87.26  or subject to a civil penalty up to $1,000. 
 87.27     (b) A milk producer may not change milk plants within 30 
 87.28  days, without permission of the commissioner, after receiving 
 87.29  notification from the commissioner under paragraph (c) or (d) 
 87.30  that the milk producer has violated this section. 
 87.31     (c) A milk producer who violates subdivision 3, clause (1), 
 87.32  (2), (3), (4), or (5), is subject to clauses (1) to (3) of this 
 87.33  paragraph. 
 87.34     (1) Upon notification of the first violation in a 12-month 
 87.35  period, the producer must meet with the dairy plant field 
 87.36  service representative to initiate corrective action within 30 
 88.1   days. 
 88.2      (2) Upon the second violation within a 12-month period, the 
 88.3   producer is subject to a civil penalty of $300.  The 
 88.4   commissioner shall notify the producer by certified mail stating 
 88.5   the penalty is payable in 30 days, the consequences of failure 
 88.6   to pay the penalty, and the consequences of future violations. 
 88.7      (3) Upon the third violation within a 12-month period, the 
 88.8   producer is subject to an additional civil penalty of $300 and 
 88.9   possible revocation of the producer's permit or certification.  
 88.10  The commissioner shall notify the producer by certified mail 
 88.11  that all civil penalties owed must be paid within 30 days and 
 88.12  that the commissioner is initiating administrative procedures to 
 88.13  revoke the producer's permit or certification to sell milk for 
 88.14  at least 30 days. 
 88.15     (d) The producer's shipment of milk must be immediately 
 88.16  suspended if the producer is identified as an individual source 
 88.17  of milk containing residues causing a bulk load of milk to test 
 88.18  positive in violation of subdivision 3, clause (6) or (7).  
 88.19  Shipment may resume The Grade A or manufacturing grade permit 
 88.20  must be converted to temporary status for not more than 30 days 
 88.21  and shipment may resume only after subsequent milk has been 
 88.22  sampled by the commissioner or the commissioner's agent and 
 88.23  found to contain no residues above established tolerances or 
 88.24  safe levels. 
 88.25     The Grade A or manufacturing grade permit may be restored 
 88.26  if the producer remains eligible only for manufacturing grade 
 88.27  until the producer completes the "Milk and Dairy Beef Residue 
 88.28  Prevention Protocol" with a licensed veterinarian, displays the 
 88.29  signed certificate in the milkhouse, and sends verification to 
 88.30  the commissioner within the 30-day temporary permit status 
 88.31  period.  If the producer does not comply within the temporary 
 88.32  permit status period, the Grade A or manufacturing grade permit 
 88.33  must be suspended.  A milk producer whose milk supply is in 
 88.34  violation of subdivision 3, clause (6) or (7), and has caused a 
 88.35  bulk load to test positive is subject to clauses (1) to (3) of 
 88.36  this paragraph.  
 89.1      (1) For the first violation in a 12-month period, a dairy 
 89.2   plant may collect from the responsible producer the value of the 
 89.3   contaminated truck load of milk.  If the amount collected by the 
 89.4   plant is less than two days of milk production on that farm, 
 89.5   then the commissioner must assess the difference as a civil 
 89.6   penalty payable by the plant or marketing organization on behalf 
 89.7   of the responsible producer. 
 89.8      (2) For the second violation in a 12-month period, a dairy 
 89.9   plant may collect from the responsible producer the value of the 
 89.10  contaminated truck load of milk.  If the amount collected by the 
 89.11  plant is less than four days of milk production on that farm, 
 89.12  then the commissioner must assess the difference as a civil 
 89.13  penalty payable by the plant or marketing organization on behalf 
 89.14  of the responsible producer. 
 89.15     (3) For the third violation in a 12-month period, a dairy 
 89.16  plant may collect from the responsible producer the value of the 
 89.17  contaminated load of milk.  If the amount collected by the plant 
 89.18  is less than four days of milk production on that farm, then the 
 89.19  commissioner must assess the difference as a civil penalty 
 89.20  payable by the plant or marketing organization on behalf of the 
 89.21  responsible producer.  The commissioner shall also notify the 
 89.22  producer by certified mail that the commissioner is initiating 
 89.23  administrative procedures to revoke the producer's right to sell 
 89.24  milk for a minimum of 30 days.  
 89.25     (4) If a bulk load of milk tests negative for residues and 
 89.26  there is a positive producer sample on the load, no civil 
 89.27  penalties may be assessed to the producer.  The plant must 
 89.28  report the positive result within 24 hours and reject further 
 89.29  milk shipments from that producer until the producer's milk 
 89.30  tests negative.  The department shall suspend the producer's 
 89.31  permit and count the violation on the producer's record.  The 
 89.32  producer remains eligible only for manufacturing grade 
 89.33  until Grade A or manufacturing grade permit must be converted to 
 89.34  temporary status for not more than 30 days during which time the 
 89.35  producer reviews must review the "Milk and Dairy Beef Residue 
 89.36  Prevention Protocol" with a licensed veterinarian, display the 
 90.1   signed certificate in the milkhouse, and send verification to 
 90.2   the commissioner.  To maintain a permit or certification to 
 90.3   market milk, this program must be reviewed within 30 days.  If 
 90.4   these conditions are met, the Grade A or manufacturing grade 
 90.5   permit must be reinstated.  If the producer does not comply 
 90.6   within the temporary permit status period, the Grade A or 
 90.7   manufacturing grade permit must be suspended. 
 90.8      (e) A milk producer that has been certified as completing 
 90.9   the "Milk and Dairy Beef Residue Prevention Protocol" within 12 
 90.10  months of the first violation of subdivision 3, clause (7), need 
 90.11  only review the cause of the violation with a field service 
 90.12  representative within three days to maintain Grade A or 
 90.13  manufacturing grade permit and shipping status if all other 
 90.14  requirements of this section are met. 
 90.15     (f) Civil penalties collected under this section must be 
 90.16  deposited in the milk inspection services account established in 
 90.17  this chapter. 
 90.18     Sec. 68.  Minnesota Statutes 1998, section 32.394, 
 90.19  subdivision 9, is amended to read: 
 90.20     Subd. 9.  [PAYMENTS; REFUNDS; DISPOSITION.] Fees are 
 90.21  payable by a processor or marketing organization by July 1 of 
 90.22  each year for Grade A, and by January 1 of each year for 
 90.23  manufacturing grade, and if not paid within 30 days of the due 
 90.24  date, the service must be discontinued, and permission to market 
 90.25  manufacturing grade or Grade A milk or milk products or use the 
 90.26  Grade A label must be withdrawn.  A processor may terminate 
 90.27  payment and service without loss of the Grade A label if written 
 90.28  notice of that intention is given prior to the due date of the 
 90.29  payment of an assessment and if the continuous inspection of the 
 90.30  plant is assumed by a city whose milk control ordinance is 
 90.31  substantially equivalent to Minnesota law and rule and is 
 90.32  enforced with equal effectiveness.  If a farm discontinues the 
 90.33  production of milk within six months of the billing date, a 
 90.34  request for a refund based on inspection services not received 
 90.35  may be made by the processor or by the marketing organization on 
 90.36  behalf of its patrons.  This request must be made in writing by 
 91.1   July 1 for manufacturing grade, or by December 31 for Grade A, 
 91.2   and on approval by the commissioner refunds must be made to the 
 91.3   processor or marketing organization.  
 91.4      The fees for services performed by the activities of this 
 91.5   section must be deposited in the state treasury agricultural 
 91.6   fund and constitute a separate account to be known as the dairy 
 91.7   services account, which is hereby created.  Money in the 
 91.8   account, including interest earned, is appropriated to the 
 91.9   commissioner to administer this chapter. 
 91.10     Sec. 69.  Minnesota Statutes 1998, section 35.02, 
 91.11  subdivision 1, is amended to read: 
 91.12     Subdivision 1.  [MEMBERS; OFFICERS.] The board has five 
 91.13  members appointed by the governor with the advice and consent of 
 91.14  the senate, three of whom are producers of livestock in the 
 91.15  state, and two of whom are practicing veterinarians licensed in 
 91.16  Minnesota.  The dean of the college of veterinary medicine of 
 91.17  the University of Minnesota may serve as consultant to the board 
 91.18  without vote.  Appointments to fill unexpired terms must be made 
 91.19  from the classes to which the retiring members belong.  The 
 91.20  board shall elect a president and a vice-president from among 
 91.21  its members and a veterinarian licensed in Minnesota who is not 
 91.22  a member to be its executive secretary director for a term of 
 91.23  one year and until a successor qualifies.  The board shall set 
 91.24  the duties of the secretary director. 
 91.25     Sec. 70.  Minnesota Statutes 1998, section 35.04, is 
 91.26  amended to read: 
 91.27     35.04 [DUTY OF BOARDS OF HEALTH.] 
 91.28     Boards of health as defined in section 145A.02, subdivision 
 91.29  2, shall assist the board in the prevention, suppression, 
 91.30  control, and eradication of contagious and infectious dangerous 
 91.31  diseases among domestic animals when directed to do so by the 
 91.32  secretary director or any member of the board.  Two or more 
 91.33  local boards may be required in emergencies to cooperate in 
 91.34  giving assistance.  The rules of the state board prevail over 
 91.35  conflicting local board rules. 
 91.36     Sec. 71.  Minnesota Statutes 1998, section 35.05, is 
 92.1   amended to read: 
 92.2      35.05 [AUTHORITY OF STATE BOARD.] 
 92.3      (a) The state board may quarantine or kill any domestic 
 92.4   animal infected with, or which has been exposed to, a contagious 
 92.5   or infectious dangerous disease if it is necessary to protect 
 92.6   the health of the domestic animals of the state.  
 92.7      (b) The board may regulate or prohibit the arrival in and 
 92.8   departure from the state of infected or exposed animals and, in 
 92.9   case of violation of any rule or prohibition, may detain any 
 92.10  animal at its owner's expense.  The board may regulate or 
 92.11  prohibit the importation of domestic animals which, in its 
 92.12  opinion, may injure the health of Minnesota livestock.  
 92.13     (c) The board may implement the United States, Voluntary 
 92.14  Johne's Disease Herd Status Program for cattle. 
 92.15     (d) Rules adopted by the board under authority of this 
 92.16  chapter must be published in the State Register. 
 92.17     Sec. 72.  Minnesota Statutes 1998, section 35.08, is 
 92.18  amended to read: 
 92.19     35.08 [KILLING OF DISEASED ANIMALS.] 
 92.20     If the board decides upon the killing of an animal affected 
 92.21  with tuberculosis, paratuberculosis, or brucellosis, it shall 
 92.22  notify the animal's owner or keeper of the decision.  If the 
 92.23  board, through its executive secretary director, orders that an 
 92.24  animal may be transported for immediate slaughter to any 
 92.25  abattoir where the meat inspection division of the United States 
 92.26  Department of Agriculture maintains inspection, or where the 
 92.27  animal and plant health inspection service of the United States 
 92.28  Department of Agriculture or the board establishes field 
 92.29  postmortem inspection, the owner must receive the value of the 
 92.30  net salvage of the carcass. 
 92.31     Before the animal is removed from the premises of the 
 92.32  owner, the representative or authorized agent of the board must 
 92.33  agree with the owner in writing as to the value of the animal.  
 92.34  In the absence of an agreement, three competent, disinterested 
 92.35  persons, one appointed by the board, one by the owner, and a 
 92.36  third by the first two, shall appraise the animal at its full 
 93.1   replacement cost taking into consideration the purpose and use 
 93.2   of the animal. 
 93.3      The appraisement made under this section must be in 
 93.4   writing, signed by the appraisers, and certified by the board to 
 93.5   the commissioner of finance, who shall draw a warrant on the 
 93.6   state treasurer for the amount due the owner. 
 93.7      Sec. 73.  Minnesota Statutes 1998, section 35.09, 
 93.8   subdivision 2, is amended to read: 
 93.9      Subd. 2.  [EXCEPTIONS.] The owner of an animal is entitled 
 93.10  to the indemnity provided in subdivision 1, except in the 
 93.11  following cases: 
 93.12     (1) steers; 
 93.13     (2) animals which have not been kept in good faith for one 
 93.14  year or since their birth in the state; 
 93.15     (3) animals brought into the state, contrary to law or 
 93.16  rules of the board; 
 93.17     (4) animals diseased on arrival in the state; 
 93.18     (5) animals belonging to the United States; 
 93.19     (6) animals belonging to institutions maintained by the 
 93.20  state, a county, or a municipality; 
 93.21     (7) animals which the owner or claimant knew or should have 
 93.22  known were diseased at the time they were acquired; 
 93.23     (8) animals exposed to brucellosis through the owner's 
 93.24  negligence; 
 93.25     (9) animals which have been injected with brucellosis 
 93.26  vaccine, bacterin, or other preparations made from or through 
 93.27  the agency of Brucella Microorganisms unless it was done in 
 93.28  compliance with the rules of the board; 
 93.29     (10) animals belonging to a person who has received 
 93.30  indemnity as a result of a former inspection or tests and has 
 93.31  then introduced into the same herd any animals which have not 
 93.32  passed the tuberculin or brucellosis test; 
 93.33     (11) animals if the owner, agent, or person in possession 
 93.34  of them has not complied with the rules of the board with 
 93.35  respect to condemned animals; 
 93.36     (12) condemned animals which are not destroyed within 15 
 94.1   days after the date of appraisal, or for which the owner refuses 
 94.2   to sign the appraisal or report of the members of the appraisal 
 94.3   board, except that in extraordinary circumstances and in 
 94.4   meritorious cases and at the discretion of the executive 
 94.5   secretary director of the board the time limit of 15 days may be 
 94.6   extended an additional 15 days if the owner receives permission 
 94.7   from the executive secretary director within 15 days of the date 
 94.8   of appraisal; 
 94.9      (13) livestock affected with tuberculosis, 
 94.10  paratuberculosis, or brucellosis unless the entire herd of which 
 94.11  the affected livestock is a part, or from which the affected 
 94.12  livestock has originated, is examined and tested under the 
 94.13  supervision of the board, in order to determine if they are free 
 94.14  from the disease; 
 94.15     (14) livestock affected with tuberculosis, 
 94.16  paratuberculosis, or brucellosis unless the owner has carried 
 94.17  out the instructions of the board relating to cleaning, 
 94.18  disinfection, and rendering the stables and premises in a 
 94.19  sanitary condition within 15 days of the time of removal of the 
 94.20  animals from the premises, except when, because of inclement 
 94.21  weather or other extenuating circumstances, the time is extended 
 94.22  by the executive secretary director of the board; 
 94.23     (15) livestock affected with tuberculosis, 
 94.24  paratuberculosis, or brucellosis, if the owner has fed milk or 
 94.25  milk products derived from creameries which was not pasteurized 
 94.26  as required by state laws; and 
 94.27     (16) animals owned by a nonresident if neither the owner 
 94.28  nor the owner's agent breed livestock in Minnesota.  
 94.29     If, at any time, the annual appropriation for payment of 
 94.30  indemnities becomes exhausted as a result of condemnation and 
 94.31  slaughter of animals, the board shall discontinue making further 
 94.32  official tests or authorizing tests unless an owner signs a 
 94.33  waiver on blanks furnished by the board of payment of indemnity 
 94.34  for any animals that may be condemned as the result of a test 
 94.35  and inspection which releases the state from any obligation to 
 94.36  pay indemnity from any future appropriation. 
 95.1      Sec. 74.  Minnesota Statutes 1998, section 35.09, 
 95.2   subdivision 2a, is amended to read: 
 95.3      Subd. 2a.  [NONREACTORS; CATTLE INELIGIBLE FOR TEST.] The 
 95.4   board may condemn and appraise nonreactors to the brucellosis 
 95.5   test and exposed cattle not eligible to be tested from herds 
 95.6   affected with brucellosis and may pay the owner the difference 
 95.7   between the appraisal value and the salvage value up to $300 for 
 95.8   grade animals or $600 for purebred registered animals if the 
 95.9   board through its executive secretary director has determined 
 95.10  according to criteria adopted by the board that herd 
 95.11  depopulation is essential to the goal of bovine brucellosis 
 95.12  eradication.  Indemnity payable by the state must be reduced by 
 95.13  the amount paid by the United States Department of Agriculture.  
 95.14  No indemnity may be paid for steers. 
 95.15     Sec. 75.  Minnesota Statutes 1998, section 35.67, is 
 95.16  amended to read: 
 95.17     35.67 [RABIES INVESTIGATION.] 
 95.18     If the executive secretary director of the board of animal 
 95.19  health, or a board of health as defined in section 145A.02, 
 95.20  subdivision 2, receives a written complaint that rabies exists 
 95.21  in a town or city in the board's jurisdiction, the board of 
 95.22  health shall investigate, either personally or through 
 95.23  subordinate officers, the truth of the complaint.  A board of 
 95.24  health may also make an investigation and determination 
 95.25  independently, without having received a complaint.  The fact 
 95.26  that a board of health has investigated and determined that 
 95.27  rabies does not exist in a jurisdiction does not deprive the 
 95.28  executive secretary director of the board of animal health of 
 95.29  jurisdiction or authority to make an investigation and 
 95.30  determination with reference to the territory.  For the purposes 
 95.31  of sections 35.67 to 35.69, the jurisdiction of the 
 95.32  executive secretary director of the board of animal health is 
 95.33  the entire state.  
 95.34     Sec. 76.  Minnesota Statutes 1998, section 35.68, is 
 95.35  amended to read: 
 95.36     35.68 [RABIES PROCLAMATION.] 
 96.1      If a board of health as defined in section 145A.02, 
 96.2   subdivision 2, investigates and finds that rabies does exist in 
 96.3   a town or city the board of health shall make and file a 
 96.4   proclamation of the investigation and determination which 
 96.5   prohibits the owner or custodian of any dog from allowing the 
 96.6   dog to be at large within the town or city unless the dog is 
 96.7   effectively muzzled so that it cannot bite any other animal or 
 96.8   person. 
 96.9      If the executive secretary director of the board of animal 
 96.10  health, after investigation, has determined that rabies exists 
 96.11  in any territory in the state, similar proclamations must be 
 96.12  issued in all towns and cities within the territory or area in 
 96.13  which it is necessary to control the outbreak and prevent the 
 96.14  spread of the disease.  The proclamation must prohibit the owner 
 96.15  or custodian of any dog within the designated territory from 
 96.16  permitting or allowing the dog to be at large within the 
 96.17  territory unless the dog is effectively muzzled so that it 
 96.18  cannot bite any other animal or person. 
 96.19     All local peace officers and boards of health shall enforce 
 96.20  sections 35.67 to 35.69.  
 96.21     A proclamation issued by the board of health must be filed 
 96.22  with the clerk of the political subdivision responsible for the 
 96.23  board of health.  One issued by the executive secretary director 
 96.24  of the board of animal health must be filed with the clerk of 
 96.25  each town and city within the territory it covers. 
 96.26     Each officer with whom the proclamation is filed shall 
 96.27  publish a copy of it in one issue of a legal newspaper published 
 96.28  in the clerk's town or city if one is published there.  If no 
 96.29  newspaper is published there, the clerk must post a copy of the 
 96.30  proclamation in three public places.  Publication is at the 
 96.31  expense of the municipality.  
 96.32     Proof of publication must be by affidavit of the publisher 
 96.33  and proof of posting must be by the person doing the posting.  
 96.34  The affidavit must be filed with the proclamation.  The 
 96.35  proclamation is effective five days after the publication or 
 96.36  posting and remains effective for the period of time not 
 97.1   exceeding six months specified in it by the board of health 
 97.2   making the proclamation. 
 97.3      Sec. 77.  Minnesota Statutes 1998, section 35.82, 
 97.4   subdivision 1b, is amended to read: 
 97.5      Subd. 1b.  [CARCASSES FOR PET OR MINK FOOD.] (a) The board, 
 97.6   through its executive secretary director, may issue a permit to 
 97.7   the owner or operator of a pet food processing establishment, a 
 97.8   mink rancher, or a supplier of an establishment, located within 
 97.9   the boundaries of Minnesota, to transport the carcasses of 
 97.10  domestic animals that have died or have been killed, other than 
 97.11  by being slaughtered for human or animal consumption, over the 
 97.12  public highways to the establishment for pet food or mink food 
 97.13  purposes only.  The owners and operators of pet food processing 
 97.14  establishments or their suppliers and mink ranch operators 
 97.15  located in any adjacent state with which a reciprocal agreement 
 97.16  is in effect under subdivision 3 are not required to possess a 
 97.17  permit issued under this subdivision.  The permit is valid for 
 97.18  one year following the date of issue unless it is revoked. 
 97.19     (b) The owner or operator of a pet food processing plant or 
 97.20  mink ranch shall employ an official veterinarian.  A 
 97.21  veterinarian named in the permit application who is accepted by 
 97.22  the board to act as the official veterinarian is authorized to 
 97.23  act as its representative. 
 97.24     (c) Carcasses collected by owners or operators under permit 
 97.25  may be used for pet food or mink food purposes if the official 
 97.26  veterinarian examines them and finds them suitable for pet food 
 97.27  or mink food purposes. 
 97.28     (d) Carcasses not passed by the official veterinarian for 
 97.29  pet food or mink food purposes must be disposed of by a 
 97.30  rendering plant operating under permit from the board. 
 97.31     (e) The board must require pet food processing 
 97.32  establishments, owners and operators of mink ranches, and 
 97.33  suppliers of these establishments to conform to rules of the 
 97.34  board applicable to rendering plants within the state. 
 97.35     Sec. 78.  Minnesota Statutes 1998, section 35.82, 
 97.36  subdivision 2, is amended to read: 
 98.1      Subd. 2.  [DISPOSITION OF CARCASSES.] (a) Except as 
 98.2   provided in subdivision 1b and paragraph (d), every person 
 98.3   owning or controlling any domestic animal that has died or been 
 98.4   killed otherwise than by being slaughtered for human or animal 
 98.5   consumption, shall as soon as reasonably possible bury the 
 98.6   carcass at a depth adequate to prevent scavenging by other 
 98.7   animals in the ground or thoroughly burn it or dispose of it by 
 98.8   another method approved by the board as being effective for the 
 98.9   protection of public health and the control of livestock 
 98.10  diseases.  The board, through its executive secretary director, 
 98.11  may issue permits to owners of rendering plants located in 
 98.12  Minnesota which are operated and conducted as required by law, 
 98.13  to transport carcasses of domestic animals and fowl that have 
 98.14  died, or have been killed otherwise than by being slaughtered 
 98.15  for human or animal consumption, over the public highways to 
 98.16  their plants for rendering purposes in accordance with the rules 
 98.17  adopted by the board relative to transportation, rendering, and 
 98.18  other provisions the board considers necessary to prevent the 
 98.19  spread of disease.  The board may issue permits to owners of 
 98.20  rendering plants located in an adjacent state with which a 
 98.21  reciprocal agreement is in effect under subdivision 3. 
 98.22     (b) Carcasses collected by rendering plants under permit 
 98.23  may be used for pet food or mink food if the owner or operator 
 98.24  meets the requirements of subdivision 1b. 
 98.25     (c) An authorized employee or agent of the board may enter 
 98.26  private or public property and inspect the carcass of any 
 98.27  domestic animal that has died or has been killed other than by 
 98.28  being slaughtered for human or animal consumption.  Failure to 
 98.29  dispose of the carcass of any domestic animal within the period 
 98.30  specified by this subdivision is a public nuisance.  The board 
 98.31  may petition the district court of the county in which a carcass 
 98.32  is located for a writ requiring the abatement of the public 
 98.33  nuisance.  A civil action commenced under this paragraph does 
 98.34  not preclude a criminal prosecution under this section.  No 
 98.35  person may sell, offer to sell, give away, or convey along a 
 98.36  public road or on land the person does not own, the carcass of a 
 99.1   domestic animal when the animal died or was killed other than by 
 99.2   being slaughtered for human or animal consumption unless it is 
 99.3   done with a special permit pursuant to this section.  The 
 99.4   carcass or parts of a domestic animal that has died or has been 
 99.5   killed other than by being slaughtered for human or animal 
 99.6   consumption may be transported along a public road for a medical 
 99.7   or scientific purpose if the carcass is enclosed in a leakproof 
 99.8   container to prevent spillage or the dripping of liquid waste.  
 99.9   The board may adopt rules relative to the transportation of the 
 99.10  carcass of any domestic animal for a medical or scientific 
 99.11  purpose.  A carcass on a public thoroughfare may be transported 
 99.12  for burial or other disposition in accordance with this section. 
 99.13     No person who owns or controls diseased animals shall 
 99.14  negligently or willfully permit them to escape from that control 
 99.15  or to run at large. 
 99.16     (d) A sheep producer may compost sheep carcasses owned by 
 99.17  the producer on the producer's land without a permit and is 
 99.18  exempt from compost facility specifications contained in rules 
 99.19  of the board. 
 99.20     (e) The board shall develop best management practices for 
 99.21  dead animal disposal and the pollution control agency feedlot 
 99.22  program shall distribute them to livestock producers in the 
 99.23  state. 
 99.24     Sec. 79.  Minnesota Statutes 1998, section 35.82, 
 99.25  subdivision 3, is amended to read: 
 99.26     Subd. 3.  [RECIPROCITY.] The executive secretary director 
 99.27  of the board may enter into a reciprocal agreement on behalf of 
 99.28  this state with an adjacent state which provides for permits to 
 99.29  be issued to rendering plants, pet food processing 
 99.30  establishments or suppliers of establishments, and mink ranch 
 99.31  operators located in either state to transport carcasses to 
 99.32  their plants, establishments, or ranches over the public 
 99.33  highways of this state and the reciprocating state. 
 99.34     This subdivision applies if the adjacent state has in 
 99.35  effect standards and requirements which are the equivalent of 
 99.36  the standards and requirements of this state as established by 
100.1   the board. 
100.2      Sec. 80.  Minnesota Statutes 1998, section 35.92, 
100.3   subdivision 5, is amended to read: 
100.4      Subd. 5.  [SUBPOENAS.] The board of animal health through 
100.5   its executive secretary director may issue subpoenas to compel 
100.6   the attendance of witnesses or submission of books, documents, 
100.7   and records affecting the authority or privilege granted by a 
100.8   license, registration, certification, or permit issued under 
100.9   this chapter or by the board or issued by the commissioner of 
100.10  agriculture if agreed to by the commissioner. 
100.11     Sec. 81.  Minnesota Statutes 1998, section 35.93, 
100.12  subdivision 1, is amended to read: 
100.13     Subdivision 1.  [ADMINISTRATIVE REMEDIES.] The board of 
100.14  animal health may seek to remedy violations by authorizing the 
100.15  executive secretary director to issue a written warning, 
100.16  administrative meeting, cease and desist, stop-sale, or other 
100.17  special order, seizure, stipulation, or agreement, if the board 
100.18  determines that the remedy is in the public interest. 
100.19     Sec. 82.  Minnesota Statutes 1998, section 41B.044, 
100.20  subdivision 2, is amended to read: 
100.21     Subd. 2.  [ETHANOL DEVELOPMENT FUND.] There is established 
100.22  in the state treasury an ethanol development fund.  All 
100.23  repayments of financial assistance granted under subdivision 1, 
100.24  including principal and interest, must be deposited into this 
100.25  the general fund.  Interest earned on money in the fund accrues 
100.26  to the fund, and money in the fund is appropriated to the 
100.27  commissioner of agriculture for purposes of the ethanol 
100.28  production facility loan program, including costs incurred by 
100.29  the authority to establish and administer the program. 
100.30     Sec. 83.  Minnesota Statutes 1998, section 84.027, 
100.31  subdivision 15, is amended to read: 
100.32     Subd. 15.  [ELECTRONIC TRANSACTIONS.] (a) The commissioner 
100.33  may receive an application for, sell, and issue any license, 
100.34  stamp, permit, registration, or transfer under the jurisdiction 
100.35  of the commissioner by electronic means, including by 
100.36  telephone.  Notwithstanding section 97A.472, electronic and 
101.1   telephone transactions may be made outside of the state.  The 
101.2   commissioner may: 
101.3      (1) provide for the electronic transfer of funds generated 
101.4   by electronic transactions, including by telephone; 
101.5      (2) assign a license identification number to an applicant 
101.6   who purchases a hunting or fishing license by electronic means, 
101.7   to serve as temporary authorization to engage in the licensed 
101.8   activity until the license is received or expires; 
101.9      (3) charge and permit agents to charge a fee of individuals 
101.10  who make electronic transactions, and transactions by telephone, 
101.11  including a transaction the issuing fee under section 97A.485, 
101.12  subdivision 6, and a credit card an additional transaction fee 
101.13  not to exceed $3.50 for electronic transactions; 
101.14     (4) select up to four volunteer counties, not more than two 
101.15  in the metropolitan area, to participate in this pilot project 
101.16  and the counties shall select the participating agents; and 
101.17     (5) upon completion of a pilot project, implement a 
101.18  statewide system and select the participating agents; and 
101.19     (6) adopt rules to administer the provisions of this 
101.20  subdivision. 
101.21     (b) A county shall not collect a commission for the sale of 
101.22  licenses or permits made by agents selected by the participating 
101.23  counties under this subdivision. 
101.24     (c) Establishment of the transaction fee under paragraph 
101.25  (a), clause (3), is not subject to the rulemaking procedures of 
101.26  chapter 14. 
101.27     (d) Money received from fees and commissions collected 
101.28  under this subdivision, including interest earned, is annually 
101.29  appropriated from the game and fish fund and the natural 
101.30  resources fund to the commissioner for the cost of electronic 
101.31  licensing. 
101.32     Sec. 84.  Minnesota Statutes 1998, section 84.0855, is 
101.33  amended by adding a subdivision to read: 
101.34     Subd. 1a.  [SOFTWARE SALES.] Notwithstanding section 
101.35  16B.405, the commissioner may sell or license intellectual 
101.36  property and software products or services developed by the 
102.1   department or custom developed by a vendor for the department. 
102.2      Sec. 85.  Minnesota Statutes 1998, section 84.0855, 
102.3   subdivision 2, is amended to read: 
102.4      Subd. 2.  [RECEIPTS; APPROPRIATION.] Money received by the 
102.5   commissioner under this section or to buy supplies for the use 
102.6   of volunteers, may be credited to one or more special accounts 
102.7   in the state treasury and is appropriated to the commissioner 
102.8   for the purposes for which the money was received.  Money 
102.9   received from sales at the state fair shall be available for 
102.10  state fair related costs.  Money received from sales of 
102.11  intellectual property and software products or services shall be 
102.12  available for development, maintenance, and support of software 
102.13  products and systems. 
102.14     Sec. 86.  Minnesota Statutes 1998, section 84.81, is 
102.15  amended by adding a subdivision to read: 
102.16     Subd. 13.  [METAL TRACTION DEVICE.] "Metal traction device" 
102.17  means any metal device or array of metal devices attached to a 
102.18  snowmobile track to enhance traction that is:  
102.19     (1) made of metal, except that metal cleats affixed 
102.20  perpendicular to the direction of travel of a snowmobile track 
102.21  which was manufactured in 1981 or earlier shall not be 
102.22  considered a metal traction device; or 
102.23     (2) affixed to a snowmobile track with metal components 
102.24  that extend more than one-fourth inch from the bottom of the 
102.25  track. 
102.26     Sec. 87.  Minnesota Statutes 1998, section 84.8205, is 
102.27  amended by adding a subdivision to read: 
102.28     Subd. 6.  [DUPLICATE STATE TRAIL STICKERS.] The 
102.29  commissioner shall issue a duplicate sticker to persons whose 
102.30  sticker is lost or destroyed using the process established under 
102.31  section 97A.405, subdivision 3, and rules promulgated 
102.32  thereunder.  The fee for a duplicate state trail sticker is $2, 
102.33  with an issuing fee of 50 cents. 
102.34     Sec. 88.  Minnesota Statutes 1998, section 84.83, 
102.35  subdivision 3, is amended to read: 
102.36     Subd. 3.  [PURPOSES FOR THE ACCOUNT.] The money deposited 
103.1   in the account and interest earned on that money may be expended 
103.2   only as appropriated by law for the following purposes:  
103.3      (1) for a grant-in-aid program to counties and 
103.4   municipalities for construction and maintenance of snowmobile 
103.5   trails, including maintenance of trails on lands and waters of 
103.6   Voyageurs National Park; 
103.7      (2) for acquisition, development, and maintenance of state 
103.8   recreational snowmobile trails; 
103.9      (3) for snowmobile safety programs; and 
103.10     (4) for the administration and enforcement of sections 
103.11  84.81 to 84.90.  
103.12     Sec. 89.  Minnesota Statutes 1998, section 84.83, 
103.13  subdivision 4, is amended to read: 
103.14     Subd. 4.  [PROVISIONS APPLICABLE TO FUNDING RECIPIENTS.] (a)
103.15  Recipients of Minnesota trail assistance program funds must be 
103.16  afforded the same protection and be held to the same standard of 
103.17  liability as a political subdivision under chapter 466 for 
103.18  activities associated with the administration, design, 
103.19  construction, maintenance, and grooming of snowmobile trails.  
103.20     (b) Recipients of Minnesota trail assistance program funds 
103.21  who maintain ice trails on waters of Voyageurs National Park are 
103.22  expressly immune from liability under section 466.03, 
103.23  subdivision 6e. 
103.24     Sec. 90.  Minnesota Statutes 1998, section 84.86, 
103.25  subdivision 1, is amended to read: 
103.26     Subdivision 1.  With a view of achieving maximum use of 
103.27  snowmobiles consistent with protection of the environment the 
103.28  commissioner of natural resources shall adopt rules in the 
103.29  manner provided by chapter 14, for the following purposes: 
103.30     (1) Registration of snowmobiles and display of registration 
103.31  numbers. 
103.32     (2) Use of snowmobiles insofar as game and fish resources 
103.33  are affected. 
103.34     (3) Use of snowmobiles on public lands and waters, or on 
103.35  grant-in-aid trails, including, but not limited to, the use of 
103.36  specified metal traction devices and nonmetal traction devices. 
104.1      (4) Uniform signs to be used by the state, counties, and 
104.2   cities, which are necessary or desirable to control, direct, or 
104.3   regulate the operation and use of snowmobiles. 
104.4      (5) Specifications relating to snowmobile mufflers. 
104.5      (6) A comprehensive snowmobile information and safety 
104.6   education and training program, including but not limited to the 
104.7   preparation and dissemination of snowmobile information and 
104.8   safety advice to the public, the training of snowmobile 
104.9   operators, and the issuance of snowmobile safety certificates to 
104.10  snowmobile operators who successfully complete the snowmobile 
104.11  safety education and training course.  For the purpose of 
104.12  administering such program and to defray a portion of the 
104.13  expenses of training and certifying snowmobile operators, the 
104.14  commissioner shall collect a fee of not to exceed $5 from each 
104.15  person who receives the youth and young adult training and a fee 
104.16  established under chapter 16A from each person who receives or 
104.17  the adult training.  The commissioner shall establish a fee that 
104.18  neither significantly over recovers nor under recovers costs, 
104.19  including overhead costs, involved in providing the services.  
104.20  The fee is not subject to the rulemaking provisions of chapter 
104.21  14 and section 14.386 does not apply.  The commissioner shall 
104.22  deposit the fee in the snowmobile trails and enforcement account 
104.23  and the amount thereof is appropriated annually to the 
104.24  commissioner of natural resources for the administration of such 
104.25  programs.  The commissioner shall cooperate with private 
104.26  organizations and associations, private and public corporations, 
104.27  and local governmental units in furtherance of the program 
104.28  established under this clause.  The commissioner shall consult 
104.29  with the commissioner of public safety in regard to training 
104.30  program subject matter and performance testing that leads to the 
104.31  certification of snowmobile operators. 
104.32     (7) The operator of any snowmobile involved in an accident 
104.33  resulting in injury requiring medical attention or 
104.34  hospitalization to or death of any person or total damage to an 
104.35  extent of $500 or more, shall forward a written report of the 
104.36  accident to the commissioner on such form as the commissioner 
105.1   shall prescribe.  If the operator is killed or is unable to file 
105.2   a report due to incapacitation, any peace officer investigating 
105.3   the accident shall file the accident report within ten business 
105.4   days. 
105.5      Sec. 91.  Minnesota Statutes 1998, section 84.862, 
105.6   subdivision 1, is amended to read: 
105.7      Subdivision 1.  [YOUTH AND YOUNG ADULT SAFETY TRAINING.] 
105.8   Effective October 1, 1998, any resident born after December 31, 
105.9   1979, who operates a snowmobile in Minnesota, must possess a 
105.10  valid snowmobile safety certificate or a driver's license or 
105.11  identification card with a valid snowmobile qualification 
105.12  indicator issued under section 171.07, subdivision 12.  The 
105.13  certificate or qualification indicator may only be issued upon 
105.14  successful completion of the a course authorized under section 
105.15  84.86 or 84.862, subdivision 2, if the person is 16 years of age 
105.16  or older. 
105.17     Sec. 92.  Minnesota Statutes 1998, section 84.862, 
105.18  subdivision 2, is amended to read: 
105.19     Subd. 2.  [ADULT SAFETY TRAINING.] Effective October 1, 
105.20  2002, any resident born after December 31, 1976, and before 
105.21  December 31, 1983, who operates a snowmobile in Minnesota, must 
105.22  possess a valid operator's permit or driver's license or 
105.23  identification card with a valid snowmobile qualification 
105.24  indicator issued under section 171.07, subdivision 12, showing 
105.25  successful completion of a safety course designed for adults or 
105.26  persons 16 years of age or older.  Whenever possible, the course 
105.27  shall include a riding component that stresses stopping 
105.28  distances. 
105.29     Sec. 93.  Laws 1999, chapter 4, section 2, is amended to 
105.30  read: 
105.31     Sec. 2.  [84.8712] [METAL TRACTION DEVICES; PROHIBITION ON 
105.32  PAVED TRAILS.] 
105.33     Subdivision 1.  [PROHIBITION.] A person may not use a 
105.34  snowmobile with metal traction devices on any paved public 
105.35  trail, except: 
105.36     (1) as provided by a local government with jurisdiction 
106.1   over a trail; 
106.2      (2) to make the shortest possible crossing over a paved 
106.3   state trail at slow speed; or 
106.4      (3) on any portion of a paved state trail designated by the 
106.5   commissioner.  A person may not use a snowmobile with metal 
106.6   traction devices on a paved public trail, except as otherwise 
106.7   provided by a local government with jurisdiction over a trail or 
106.8   any portion of a paved state trail designated by the 
106.9   commissioner. 
106.10     Subd. 2.  [CIVIL CITATION; AUTHORITY TO ISSUE.] 
106.11  Conservation officers and other licensed peace officers may 
106.12  issue civil citations to a person who operates a snowmobile in 
106.13  violation of this section.  The citation must impose a penalty 
106.14  of no more than $50 for the first offense, no more than $300 for 
106.15  the second offense, and no more than $600 for third and 
106.16  subsequent offenses.  
106.17     Subd. 3.  [APPEALS.] Civil citations for offenses under 
106.18  this section may be appealed under the procedures in section 
106.19  116.072, subdivision 6, if the recipient of the citation 
106.20  requests a hearing by notifying the commissioner in writing 
106.21  within 15 days after receipt of the citation.  For the purposes 
106.22  of the enforcement of this section, the terms "commissioner" and 
106.23  "agency" as used in section 116.072 mean the commissioner of 
106.24  natural resources.  If a hearing is not requested within the 
106.25  15-day period, the citation becomes a final order not subject to 
106.26  further review.  
106.27     Subd. 4.  [ENFORCEMENT.] Civil citations for offenses under 
106.28  this section may be enforced under section 116.072, subdivision 
106.29  9.  If a person fails to pay a penalty owed under this section, 
106.30  the person may not operate a snowmobile until the penalty is 
106.31  paid.  Penalty amounts must be remitted within 30 days of 
106.32  issuance of the penalty citation. 
106.33     Subd. 5.  [ALLOCATION OF PENALTY AMOUNTS.] Penalty amounts 
106.34  collected from civil citations issued under this section are 
106.35  deposited to the unit of government employing the officer that 
106.36  issues the civil citation.  The commissioner must deposit 
107.1   penalty amounts received by the state in the snowmobile trails 
107.2   and enforcement account established by section 84.83, 
107.3   subdivision 1.  The penalty amounts in the account must be 
107.4   dedicated for the repair of paved public trails.  
107.5      Subd. 6.  [SELECTION OF REMEDY.] A person operating a 
107.6   snowmobile in violation of this section is guilty of a petty 
107.7   misdemeanor punishable by a fine of no more than $50 for the 
107.8   first offense, no more than $300 for the second offense, and no 
107.9   more than $600 for the third and subsequent offenses.  A peace 
107.10  officer may not seek both civil and petty misdemeanor penalties 
107.11  for a violation of this section. 
107.12     Sec. 94.  [84.8713] [METAL TRACTION DEVICE STICKER.] 
107.13     Subdivision 1.  [STICKER REQUIRED; FEE.] (a) An owner of a 
107.14  snowmobile registered in the state may not operate the 
107.15  snowmobile with a track equipped with metal traction devices 
107.16  unless a metal traction device sticker is affixed to the 
107.17  snowmobile.  The commissioner shall issue a metal traction 
107.18  device sticker upon application and payment of a $12 fee.  The 
107.19  sticker is valid for one year following June 30 in the year it 
107.20  is issued.  
107.21     (b) The requirements in paragraph (a) do not apply to 
107.22  snowmobiles owned, leased, or operated by the state or a 
107.23  political subdivision, or to snowmobiles used in an organized 
107.24  race, so long as they do not utilize a paved public trail, 
107.25  except as otherwise provided in this chapter. 
107.26     (c) Fees collected under this section shall be deposited in 
107.27  the state treasury and credited to the snowmobile trails and 
107.28  enforcement account in the natural resources fund.  Money 
107.29  deposited under this section is appropriated to the commissioner 
107.30  of natural resources, and must be used for repair of paved 
107.31  public trails, unless a trail is exempted by local authorities 
107.32  under section 84.8712, except that any money not necessary for 
107.33  this purpose may be used for the grant-in-aid snowmobile trail 
107.34  system. 
107.35     Subd. 2.  [PLACEMENT OF STICKER.] The metal traction device 
107.36  sticker must be permanently affixed to the forward half of the 
108.1   snowmobile and clearly visible to law enforcement authorities. 
108.2      Subd. 3.  [LICENSE AGENTS.] The commissioner shall sell 
108.3   metal traction device stickers for a $1 issuance fee through the 
108.4   process established under section 84.82, subdivision 2. 
108.5      Subd. 4.  [DUPLICATE METAL TRACTION DEVICE STICKERS.] The 
108.6   commissioner or an authorized deputy registrar of motor vehicles 
108.7   shall issue a duplicate metal traction device sticker to a 
108.8   person whose sticker is lost or destroyed.  A duplicate sticker 
108.9   may not be issued unless the applicant takes an oath covering 
108.10  the facts of loss or destruction of the sticker and signs an 
108.11  affidavit.  The fee for a duplicate metal traction device 
108.12  sticker is $2, with an issuing fee of 50 cents. 
108.13     Subd. 5.  [REPEALER.] This section is repealed on July 1, 
108.14  2004. 
108.15     Sec. 95.  Minnesota Statutes 1998, section 84.872, 
108.16  subdivision 1, is amended to read: 
108.17     Subdivision 1.  [RESTRICTIONS ON OPERATION.] (a) 
108.18  Notwithstanding anything in section 84.87 to the contrary, no 
108.19  person under 14 years of age shall make a direct crossing of a 
108.20  trunk, county state-aid, or county highway as the operator of a 
108.21  snowmobile, or operate a snowmobile upon a street or highway 
108.22  within a municipality. 
108.23     A person 14 years of age or older, but less than 18 years 
108.24  of age, may make a direct crossing of a trunk, county state-aid, 
108.25  or county highway only if the person has in immediate possession 
108.26  a valid snowmobile safety certificate issued by the commissioner 
108.27  or a valid motor vehicle operator's driver's license issued by 
108.28  the commissioner of public safety or the driver's license 
108.29  authority of another state or identification card with a valid 
108.30  snowmobile qualification indicator issued under section 171.07, 
108.31  subdivision 12. 
108.32     (b) Notwithstanding section 84.862, no person under the age 
108.33  of 14 years shall operate a snowmobile on any public land, 
108.34  public easements, or water or grant-in-aid trail unless 
108.35  accompanied by one of the following listed persons on the same 
108.36  or an accompanying snowmobile, or on a device towed by the same 
109.1   or an accompanying snowmobile:  the person's parent, legal 
109.2   guardian, or other person 18 years of age or older designated by 
109.3   the parent or guardian.  However, a person 12 years of age or 
109.4   older but under the age of 14 years may operate a snowmobile on 
109.5   public lands, public easements, and waters or a grant-in-aid 
109.6   trail if the person has in immediate possession a valid 
109.7   snowmobile safety certificate issued by the commissioner or an 
109.8   identification card with a valid snowmobile qualification 
109.9   indicator issued under section 171.07, subdivision 12.  
109.10     Sec. 96.  Minnesota Statutes 1998, section 84.91, 
109.11  subdivision 1, is amended to read: 
109.12     Subdivision 1.  [ACTS PROHIBITED.] (a) No owner or other 
109.13  person having charge or control of any snowmobile or all-terrain 
109.14  vehicle shall authorize or permit any individual the person 
109.15  knows or has reason to believe is under the influence of alcohol 
109.16  or a controlled substance or other substance to operate the 
109.17  snowmobile or all-terrain vehicle anywhere in this state or on 
109.18  the ice of any boundary water of this state. 
109.19     (b) No owner or other person having charge or control of 
109.20  any snowmobile or all-terrain vehicle shall knowingly authorize 
109.21  or permit any person, who by reason of any physical or mental 
109.22  disability is incapable of operating the vehicle, to operate the 
109.23  snowmobile or all-terrain vehicle anywhere in this state or on 
109.24  the ice of any boundary water of this state. 
109.25     (c) A person who operates or is in physical control of a 
109.26  snowmobile or all-terrain vehicle anywhere in this state or on 
109.27  the ice of any boundary water of this state is subject to 
109.28  sections 169.121 to 169.1218 and 169.123 to 169.129.  In 
109.29  addition to the applicable sanctions under chapter 169, a person 
109.30  who is convicted of violating section 169.121 while operating a 
109.31  snowmobile or all-terrain vehicle, or who refuses to comply with 
109.32  a lawful request to submit to testing under section 169.123, 
109.33  shall be prohibited from operating the snowmobile or all-terrain 
109.34  vehicle for a period of one year.  The commissioner shall notify 
109.35  the convicted person of the time period during which the person 
109.36  is prohibited from operating a snowmobile or all-terrain vehicle.
110.1      (d) Administrative and judicial review of the operating 
110.2   privileges prohibition is governed by section 97B.066, 
110.3   subdivisions 7 to 9, if the person does not have a prior 
110.4   impaired driving conviction or prior license revocation, as 
110.5   defined in section 169.121, subdivision 3.  Otherwise, 
110.6   administrative and judicial review of the prohibition is 
110.7   governed by section 169.123.  
110.8      (e) The court shall promptly forward to the commissioner 
110.9   and the department of public safety copies of all convictions 
110.10  and criminal and civil sanctions imposed under this section and 
110.11  chapter 169 relating to snowmobiles and all-terrain vehicles.  
110.12     (f) A person who violates paragraph (a) or (b), or an 
110.13  ordinance in conformity with either of them, is guilty of a 
110.14  misdemeanor.  A person who operates a snowmobile or all-terrain 
110.15  vehicle during the time period the person is prohibited from 
110.16  operating a vehicle under paragraph (c) is guilty of a 
110.17  misdemeanor. 
110.18     Sec. 97.  Minnesota Statutes 1998, section 84.98, 
110.19  subdivision 6, is amended to read: 
110.20     Subd. 6.  [FEES.] The commissioner may charge a fee for any 
110.21  service performed by the Minnesota conservation corps.  Fees 
110.22  generated shall be deposited in a special revenue fund and 
110.23  appropriated to the commissioner for Minnesota conservation 
110.24  corps projects and administration. 
110.25     Sec. 98.  [ADDING LAND TO BLUE MOUNDS STATE PARK.] 
110.26     [85.012] [Subd. 8.] The following area is added to Blue 
110.27  Mounds state park:  That part of the Northeast Quarter of the 
110.28  Southwest Quarter and the Southeast Quarter of the Northwest 
110.29  Quarter of Section 13, Township 103 North, Range 45 West, Rock 
110.30  County, described as follows:  Commencing at the southwest 
110.31  corner of said Northeast Quarter of the Southwest Quarter; 
110.32  thence on an assumed bearing of South 89 degrees 36 minutes 41 
110.33  seconds East along the south line of said Northeast Quarter of 
110.34  the Southwest Quarter 165.00 feet to the point of beginning; 
110.35  thence North 00 degrees 17 minutes 27 seconds West parallel with 
110.36  the west line of said section 1438.74 feet to an iron stake with 
111.1   DNR caps; thence South 88 degrees 57 minutes 33 seconds East 
111.2   along an existing fence line 42.15 feet; thence South 00 degrees 
111.3   30 minutes 38 seconds West along an existing fence line 1438.16 
111.4   feet to the south line of said Northeast Quarter of the 
111.5   Southwest Quarter; thence North 89 degrees 36 minutes 41 seconds 
111.6   West along said south line 22.02 feet to the point of beginning. 
111.7      Sec. 99.  [IRON RANGE OFF-HIGHWAY VEHICLE RECREATION AREA, 
111.8   ST. LOUIS COUNTY.] 
111.9      Subdivision 1.  [85.013] [Subd. 12a.] [ADDITIONS TO IRON 
111.10  RANGE OFF-HIGHWAY VEHICLE RECREATION AREA, ST. LOUIS 
111.11  COUNTY.] The following areas are added to the Iron Range 
111.12  off-highway vehicle recreation area, all in St. Louis county: 
111.13     (1) Section 2, Township 58 North, Range 17 West, EXCEPT:  
111.14  the East Half; the North Half of the Northwest Quarter; and the 
111.15  Southeast Quarter of the Northwest Quarter; 
111.16     (2) Section 3, Township 58 North, Range 17 West, EXCEPT: 
111.17  the Southeast Quarter; the North Half of the Northeast Quarter; 
111.18  the North Half of the Northwest Quarter; the Southwest Quarter 
111.19  of the Northwest Quarter; and the Northwest Quarter of the 
111.20  Southwest Quarter; 
111.21     (3) Section 4, Township 58 North, Range 17 West, EXCEPT:  
111.22  the West Half; the Northeast Quarter; the North Half of the 
111.23  Southeast Quarter; and the Southwest Quarter of the Southeast 
111.24  Quarter; 
111.25     (4) Section 8, Township 58 North, Range 17 West, EXCEPT:  
111.26  the West Half; the West Half of the Southeast Quarter; and the 
111.27  West Half of the Northeast Quarter; 
111.28     (5) Section 9, Township 58 North, Range 17 West; 
111.29     (6) Section 11, Township 58 North, Range 17 West, EXCEPT:  
111.30  the West Half of the Northwest Quarter; and the Northwest 
111.31  Quarter of the Southwest Quarter; 
111.32     (7) Section 14, Township 58 North, Range 17 West, EXCEPT:  
111.33  the East Half; 
111.34     (8) Section 15, Township 58 North, Range 17 West, lying 
111.35  North of the DM&IR grade, EXCEPT:  the Southwest Quarter; and 
111.36  the South Half of the Northwest Quarter; 
112.1      (9) Section 16, Township 58 North, Range 17 West, lying 
112.2   North of county road 921, EXCEPT:  the East Half of the 
112.3   Southeast Quarter, lying North of the DM&IR grade; 
112.4      (10) Section 22, Township 58 North, Range 17 West, lying 
112.5   North of the DM&IR grade; and 
112.6      (11) Section 23, Township 58 North, Range 17 West, a 100 
112.7   foot corridor of the Mesabi Trail as located between the west 
112.8   line of said Section 23 and Minnesota trunk highway No. 135. 
112.9      Subd. 2.  [ADVISORY COMMITTEE; ADDING MEMBERS.] The 
112.10  advisory committee created under Laws 1996, chapter 407, section 
112.11  32, subdivision 4, shall continue to provide direction on the 
112.12  planning, development, and operation of the Iron Range 
112.13  off-highway vehicle recreation area, including the land added 
112.14  under subdivision 1.  The following members are added to the 
112.15  advisory committee: 
112.16     (1) a representative of the city council of Gilbert; and 
112.17     (2) a representative of the city council of Virginia. 
112.18     Subd. 3.  [MINING.] The commissioner shall recognize the 
112.19  possibility that mining, including, but not limited, to taconite 
112.20  and iron ore, may be conducted in the future within the Iron 
112.21  Range off-highway vehicle area and that use of portions of the 
112.22  surface estate and control of the flowage of water may be 
112.23  necessary for future mining operations. 
112.24     Subd. 4.  [MANAGEMENT PLAN.] The commissioner of natural 
112.25  resources and the local area advisory committee shall 
112.26  cooperatively develop a separate comprehensive management plan 
112.27  for the land added to the Iron Range off-highway vehicle 
112.28  recreation area under subdivision 1.  The management plan shall 
112.29  provide for: 
112.30     (1) multiple use recreation for off-highway vehicles; 
112.31     (2) protection of natural resources; 
112.32     (3) limited timber management; 
112.33     (4) mineral exploration and mining management; 
112.34     (5) land acquisition needs; 
112.35     (6) road and facility development; and 
112.36     (7) trail and road connections between the land added under 
113.1   subdivision 1 and the land added by Laws 1996, chapter 407, 
113.2   section 32, subdivision 6. 
113.3      The completed management plan, together with the management 
113.4   plan completed under Laws 1996, chapter 407, section 32, 
113.5   subdivision 5, shall serve as the master plan for the Iron Range 
113.6   off-highway vehicle recreation area under Minnesota Statutes, 
113.7   section 86A.09. 
113.8      Subd. 5.  [APPLICABILITY OF OTHER LAW.] Except as otherwise 
113.9   provided by this section, the provisions of Laws 1996, chapter 
113.10  407, section 32, apply to the land added to the Iron Range 
113.11  off-highway vehicle recreation area under subdivision 1. 
113.12     Sec. 100.  Minnesota Statutes 1998, section 85.015, 
113.13  subdivision 4, is amended to read: 
113.14     Subd. 4.  [DOUGLAS TRAIL, OLMSTED, WABASHA, AND GOODHUE 
113.15  COUNTIES.] (a) The trail shall originate at Rochester in Olmsted 
113.16  county and shall follow the route of the Chicago Great Western 
113.17  Railroad to Pine Island in Goodhue county and there terminate.  
113.18     (b) Additional trails may be established that extend the 
113.19  Douglas trail system to include Pine Island, Mazeppa in Wabasha 
113.20  county to Zumbrota, Bellechester, Goodhue, and Red Wing in 
113.21  Goodhue county.  In addition to the criteria in section 86A.05, 
113.22  subdivision 4, these trails must utilize abandoned railroad 
113.23  rights-of-way where possible.  
113.24     (c) The trail shall be developed primarily for riding and 
113.25  hiking.  
113.26     (d) Under no circumstances shall the commissioner acquire 
113.27  any of the right-of-way of the Chicago Great Western Railroad 
113.28  until the abandonment of the line of railway described in this 
113.29  subdivision has been approved by the Interstate Commerce 
113.30  Commission. 
113.31     Sec. 101.  Minnesota Statutes 1998, section 85.015, is 
113.32  amended by adding a subdivision to read: 
113.33     Subd. 21.  [GITCHI-GAMI TRAIL, LAKE AND COOK COUNTIES.] (a) 
113.34  The trail shall originate in the city of Two Harbors and shall 
113.35  extend in a northeasterly direction along the shore of Lake 
113.36  Superior, running parallel to state highway 61 to the city of 
114.1   Grand Marais.  
114.2      (b) The trail shall be developed primarily for hiking and 
114.3   bicycling. 
114.4      Sec. 102.  Minnesota Statutes 1998, section 85.019, 
114.5   subdivision 2, is amended to read: 
114.6      Subd. 2.  [PARKS AND OUTDOOR RECREATION AREAS.] The 
114.7   commissioner shall administer a program to provide grants to 
114.8   units of government for up to 50 percent of the costs or 
114.9   $50,000, whichever is less, of acquisition and betterment of 
114.10  public land and improvements needed for parks and other outdoor 
114.11  recreation areas and facilities. 
114.12     Sec. 103.  Minnesota Statutes 1998, section 85.019, is 
114.13  amended by adding a subdivision to read: 
114.14     Subd. 4b.  [REGIONAL TRAILS.] The commissioner shall 
114.15  administer a program to provide grants to units of government 
114.16  for up to 50 percent of the costs of acquisition and betterment 
114.17  of public land and improvements needed for trails deemed to be 
114.18  of regional significance according to criteria published by the 
114.19  commissioner.  If land used for the trails is not in full public 
114.20  ownership, then the recipients must prove it is dedicated to the 
114.21  purposes of the grants for at least 20 years. 
114.22     Sec. 104.  Minnesota Statutes 1998, section 85.019, is 
114.23  amended by adding a subdivision to read: 
114.24     Subd. 4c.  [LOCAL TRAIL CONNECTIONS.] The commissioner 
114.25  shall administer a program to provide grants to units of 
114.26  government for up to 50 percent of the costs of acquisition and 
114.27  betterment of public land and improvements needed for trails 
114.28  that connect communities, trails, and parks and thereby increase 
114.29  the effective length of trail experiences.  If land used for the 
114.30  trails is not in full public ownership, then the recipients must 
114.31  prove it is dedicated to the purposes of the grants for at least 
114.32  20 years. 
114.33     Sec. 105.  Minnesota Statutes 1998, section 85.40, 
114.34  subdivision 5, is amended to read: 
114.35     Subd. 5.  [CROSS-COUNTRY SKI TRAIL.] "Cross-country ski 
114.36  trail" means a public pathway designated and promoted for cross 
115.1   country skiing, excluding trails that have not received state 
115.2   acquisition or betterment funds for recreational purposes in 
115.3   state parks as defined in section 85.012, on state forest lands 
115.4   as defined in section 89.001, on state trails as defined in 
115.5   section 85.015, on elements of the regional recreation open 
115.6   space system as defined in section 473.147, or on trails within 
115.7   the cross-country ski grant-in-aid program as defined in section 
115.8   85.44.  
115.9      Sec. 106.  Minnesota Statutes 1998, section 85.41, 
115.10  subdivision 1, is amended to read: 
115.11     Subdivision 1.  [ON PERSON.] While skiing on cross-country 
115.12  ski trails, a person between the ages of 16 and 64 years age 16 
115.13  and over shall carry in immediate possession a valid, signed 
115.14  cross-country ski pass.  A landowner who grants an easement for 
115.15  a grant-in-aid ski trail is not required to have a pass when 
115.16  skiing on the landowner's property.  
115.17     Sec. 107.  Minnesota Statutes 1998, section 85.41, 
115.18  subdivision 4, is amended to read: 
115.19     Subd. 4.  [FORM.] The department shall provide forms and 
115.20  blanks to all agents authorized to issue passes by the 
115.21  commissioner.  The pass shall be with the skier and available 
115.22  for inspection by any peace or conservation officer.  The pass 
115.23  shall include the applicant's name signature and other 
115.24  information deemed necessary by the commissioner. 
115.25     Sec. 108.  Minnesota Statutes 1998, section 85.41, 
115.26  subdivision 5, is amended to read: 
115.27     Subd. 5.  [AGENT'S ISSUING FEE.] The fee for a 
115.28  cross-country ski pass shall be increased by the amount of an 
115.29  issuing fee of 50 cents $1 per pass.  The issuing fee may shall 
115.30  be retained by the seller of the pass.  A pass shall indicate 
115.31  the amount of the fee that is retained by the seller.  This 
115.32  subdivision does not apply to any pass sold by the state.  
115.33     Sec. 109.  Minnesota Statutes 1998, section 85.42, is 
115.34  amended to read: 
115.35     85.42 [USER FEE; VALIDITY.] 
115.36     (a) The fee for an annual cross-country ski pass is $5 for 
116.1   an individual pass or $7.50 for a combination husband and wife 
116.2   pass $9 for an individual age 16 and over.  The fee for a 
116.3   three-year pass is $14 for an individual pass or $21 for a 
116.4   combination husband and wife pass $24 for an individual age 16 
116.5   and over.  This fee shall be collected at the time the pass is 
116.6   purchased.  Three-year passes are valid for three years 
116.7   beginning the previous July 1.  Annual passes are valid for one 
116.8   year beginning the previous July 1.  Passes are not transferable.
116.9      (b) The cost for a daily cross-country skier pass is $1 $2 
116.10  for an individual age 16 and over.  This fee shall be collected 
116.11  at the time the pass is purchased.  The daily pass is valid only 
116.12  for the date designated on the pass form. 
116.13     (c) A pass must be signed by the skier across the front of 
116.14  the pass to be valid and becomes nontransferable on signing.  
116.15     Sec. 110.  Minnesota Statutes 1998, section 85.44, is 
116.16  amended to read: 
116.17     85.44 [CROSS-COUNTRY SKI TRAIL GRANT-IN-AID PROGRAM.] 
116.18     The commissioner shall establish a grant-in-aid program for 
116.19  local units of government and special park districts for the 
116.20  acquisition, development, and maintenance of cross-country ski 
116.21  trails.  Grants shall be available for acquisition of trail 
116.22  easements but may not be used to acquire any lands in fee 
116.23  title.  Local units of government and special park districts 
116.24  applying for and receiving grants under this section shall be 
116.25  considered to have cross-country ski trails for one year 
116.26  following the expiration of their last grant.  The department 
116.27  shall reimburse all public sponsors of grants-in-aid 
116.28  cross-country ski trails based upon criteria established by the 
116.29  department.  Prior to the use of any reimbursement criteria, a 
116.30  certain proportion of the revenues shall be allocated on the 
116.31  basis of user fee sales location.  
116.32     Sec. 111.  Minnesota Statutes 1998, section 85.45, 
116.33  subdivision 1, is amended to read: 
116.34     Subdivision 1.  [SKIING WITHOUT PASS.] No person may ski on 
116.35  a public cross-country ski trail, including a grant-in-aid 
116.36  cross-country ski trail, without a valid, signed cross-country 
117.1   ski pass. Effective July 1, 1984, Any person who violates this 
117.2   subdivision is guilty of a petty misdemeanor. 
117.3      Sec. 112.  Minnesota Statutes 1998, section 86B.415, is 
117.4   amended to read: 
117.5      86B.415 [LICENSE FEES.] 
117.6      Subdivision 1.  [WATERCRAFT 19 FEET OR LESS.] The fee for a 
117.7   watercraft license for watercraft 19 feet or less in length is 
117.8   $12 $18 except: 
117.9      (1) for watercraft, other than personal watercraft, 19 feet 
117.10  in length or less that is offered for rent or lease, the fee is 
117.11  $6; 
117.12     (2) for a canoe, kayak, sailboat, sailboard, paddle boat, 
117.13  or rowing shell 19 feet in length or less, the fee is $7; 
117.14     (3) for a watercraft 19 feet in length or less used by a 
117.15  nonprofit corporation for teaching boat and water safety, the 
117.16  fee is as provided in subdivision 4; and 
117.17     (4) for a watercraft owned by a dealer under a dealer's 
117.18  license, the fee is as provided in subdivision 5; 
117.19     (5) for a personal watercraft, the fee is $25; and 
117.20     (6) for a watercraft less than 17 feet in length, other 
117.21  than a watercraft listed in clauses (1) to (5), the fee is $12. 
117.22     Subd. 2.  [WATERCRAFT OVER 19 FEET.] Except as provided in 
117.23  subdivisions 3, 4, and 5, the watercraft license fee: 
117.24     (1) for a watercraft more than 19 feet but less than 26 
117.25  feet in length is $20 $30; 
117.26     (2) for a watercraft 26 feet but less than 40 feet in 
117.27  length is $30 $45; and 
117.28     (3) for a watercraft 40 feet in length or longer is $40 $60.
117.29     Subd. 3.  [WATERCRAFT OVER 19 FEET FOR HIRE.] The license 
117.30  fee for a watercraft more than 19 feet in length for hire with 
117.31  an operator is $50 each.  
117.32     Subd. 4.  [WATERCRAFT USED BY NONPROFIT CORPORATION FOR 
117.33  TEACHING.] The watercraft license fee for a watercraft used by a 
117.34  nonprofit organization for teaching boat and water safety is $3 
117.35  each.  
117.36     Subd. 5.  [DEALER'S LICENSE.] There is no separate fee for 
118.1   watercraft owned by a dealer under a dealer's license.  The fee 
118.2   for a dealer's license is $30 $45.  
118.3      Subd. 6.  [TRANSFER OR DUPLICATE LICENSE.] The fee to 
118.4   transfer a watercraft license or be issued a duplicate license 
118.5   is $3.  
118.6      Subd. 7.  [WATERCRAFT SURCHARGE.] A $5 surcharge is placed 
118.7   on each watercraft licensed under subdivisions 1 to 5 for 
118.8   control, public awareness, law enforcement, monitoring, and 
118.9   research of nuisance aquatic exotic species such as zebra 
118.10  mussel, purple loosestrife, and Eurasian water milfoil in public 
118.11  waters and public wetlands.  
118.12     Subd. 7a.  [PERSONAL WATERCRAFT SURCHARGE.] A $50 surcharge 
118.13  is placed on each personal watercraft licensed under 
118.14  subdivisions 1 to 5 for enforcement of personal watercraft laws 
118.15  and for personal watercraft safety education.  The surcharge 
118.16  must be deposited in the state treasury and credited to the 
118.17  water recreation account in the natural resources fund.  Any 
118.18  grants to counties from revenue collected under this subdivision 
118.19  must be proportional to the use of personal watercraft in each 
118.20  county.  Grants made under this subdivision are subject to the 
118.21  applicable administrative, reporting, and auditing requirements 
118.22  in sections 86B.701 and 86B.705. 
118.23     Subd. 8.  [REGISTRAR'S FEE.] In addition to the license 
118.24  fee, a fee of $2 shall be charged for a watercraft license: 
118.25     (1) issued through the registrar or a deputy registrar of 
118.26  motor vehicles and the additional fee shall be disposed of in 
118.27  the manner provided in section 168.33, subdivision 2; or 
118.28     (2) issued through the commissioner and the additional fee 
118.29  shall be deposited in the state treasury and credited to the 
118.30  water recreation account. 
118.31     Subd. 9.  [DISPOSITION OF RECEIPTS.] Money received for 
118.32  watercraft licenses shall be deposited in the state treasury and 
118.33  credited to the water recreation account.  
118.34     Subd. 10.  [ACCOUNTING.] The commissioner of natural 
118.35  resources, in agreement with the commissioner of public safety, 
118.36  may prescribe the accounting and procedural requirements 
119.1   necessary to assure efficient handling of watercraft 
119.2   registrations and license fees by deputy registrars.  Deputy 
119.3   registrars shall strictly comply with these accounting and 
119.4   procedural requirements. 
119.5      Sec. 113.  Minnesota Statutes 1998, section 88.067, is 
119.6   amended to read: 
119.7      88.067 [TRAINING OF GRANTS TO LOCAL FIRE DEPARTMENTS.] 
119.8      The commissioner may make grants for procurement of fire 
119.9   suppression equipment and training of fire departments in 
119.10  techniques of fire control that.  These grants will enable them 
119.11  local fire departments to assist the state more effectively in 
119.12  controlling wildfires.  The commissioner may require a local 
119.13  match for any grant.  Fire suppression equipment may include, 
119.14  but is not limited to, fire suppression tools and equipment, 
119.15  protective clothing, dry hydrants, communications equipment, and 
119.16  conversion of vehicles to wildfire suppression vehicles.  
119.17  Training shall be provided to the extent practicable in 
119.18  coordination with other public agencies with training and 
119.19  educational responsibilities.  
119.20     Sec. 114.  Minnesota Statutes 1998, section 89A.01, is 
119.21  amended by adding a subdivision to read: 
119.22     Subd. 10a.  [PEER REVIEW.] "Peer review" means a 
119.23  scientifically based review conducted by individuals with 
119.24  substantial knowledge and experience in the subject matter. 
119.25     Sec. 115.  Minnesota Statutes 1998, section 89A.02, is 
119.26  amended to read: 
119.27     89A.02 [POLICY.] 
119.28     It is the policy of the state to: 
119.29     (1) pursue the sustainable management, use, and protection 
119.30  of the state's forest resources to achieve the state's economic, 
119.31  environmental, and social goals; 
119.32     (2) encourage cooperation and collaboration between public 
119.33  and private sectors in the management of the state's forest 
119.34  resources; 
119.35     (3) recognize and consider forest resource issues, 
119.36  concerns, and impacts at the site and landscape levels; and 
120.1      (4) recognize the broad array of perspectives regarding the 
120.2   management, use, and protection of the state's forest resources, 
120.3   and establish processes and mechanisms that seek and incorporate 
120.4   these perspectives in the planning and management of the state's 
120.5   forest resources. 
120.6      Nothing in this chapter abolishes, repeals, or negates any 
120.7   existing authorities, policies, programs, or activities of the 
120.8   commissioner or other statutory authorities related to managing 
120.9   and protecting the state's forest resources. 
120.10     Sec. 116.  Minnesota Statutes 1998, section 89A.03, is 
120.11  amended to read: 
120.12     89A.03 [MINNESOTA FOREST RESOURCES COUNCIL.] 
120.13     Subdivision 1.  [MEMBERSHIP.] The Minnesota forest 
120.14  resources council has 13 members appointed by the governor and 
120.15  one member appointed by the Indian affairs council.  The 
120.16  governor must appoint a chair and 15 other members to the 
120.17  Minnesota forest resources council.  The Indian affairs council 
120.18  will appoint one additional member.  When making appointments to 
120.19  the council, the governor must appoint knowledgeable individuals 
120.20  with an understanding of state forest resource issues who fairly 
120.21  reflect a balance of the various interests in the sustainable 
120.22  management, use, and protection of the state's forest resources 
120.23  in order to achieve the purpose and policies specified in 
120.24  section 89A.02, and subdivision 2 of this section.  The council 
120.25  membership appointed by the governor must include the following 
120.26  individuals: 
120.27     (1) a representative two representatives from an 
120.28  organization organizations representing environmental interests 
120.29  within the state; 
120.30     (2) a representative from an organization representing the 
120.31  interests of management of game species; 
120.32     (3) a representative from a conservation organization; 
120.33     (4) a representative from an association representing 
120.34  forest products industry within the state; 
120.35     (5) a commercial logging contractor active in a forest 
120.36  product association; 
121.1      (6) a representative from a statewide association 
121.2   representing the resort and tourism industry; 
121.3      (7) a faculty or researcher of a Minnesota research or 
121.4   higher educational institution; 
121.5      (8) an owner of nonindustrial, private forest land of 40 
121.6   acres or more; 
121.7      (9) an agricultural woodlot owner owner of nonindustrial, 
121.8   private forest land; 
121.9      (10) a representative from the department; 
121.10     (11) a county land commissioner who is a member of the 
121.11  Minnesota association of county land commissioners; 
121.12     (12) a representative from the United States Forest Service 
121.13  unit with land management responsibility in Minnesota; and 
121.14     (13) a representative from a labor organization with 
121.15  membership having an interest in forest resource issues; 
121.16     (14) an individual representing a secondary wood products 
121.17  manufacturing organization; and 
121.18     (15) a chair. 
121.19     Subd. 2.  [PURPOSE.] The council shall must develop 
121.20  recommendations to the governor and to federal, state, county, 
121.21  and local governments with respect to forest resource policies 
121.22  and practices that result in the sustainable management, use, 
121.23  and protection of the state's forest resources.  The policies 
121.24  and practices must: 
121.25     (1) acknowledge the interactions of complex sustainable 
121.26  forest resources, multiple ownership patterns, and local to 
121.27  international economic forces; 
121.28     (2) give equal consideration to the long-term economic, 
121.29  ecological, and social needs and limits of the state's forest 
121.30  resources; 
121.31     (3) foster the productivity of the state's forests to 
121.32  provide a diversity of sustainable benefits at site-levels and 
121.33  landscape-levels; 
121.34     (4) enhance the ability of the state's forest resources to 
121.35  provide future benefits and services; 
121.36     (5) foster no net loss of forest land in Minnesota: 
122.1      (6) encourage appropriate mixes of forest cover types and 
122.2   age classes within landscapes to promote biological diversity 
122.3   and viable forest-dependent fish and wildlife habitats; 
122.4      (7) encourage collaboration and coordination with multiple 
122.5   constituencies in planning and managing the state's forest 
122.6   resources; and 
122.7      (8) address the environmental impacts and their implement 
122.8   mitigations as recommended in the generic environmental impact 
122.9   statement on timber harvesting. 
122.10     Subd. 3.  [COUNCIL MEETINGS.] The council shall establish 
122.11  procedures for conducting its meetings in accordance with 
122.12  section 471.705 that include provisions for seeking and 
122.13  incorporating public input.  At a minimum, meetings of the 
122.14  council and all of the committees, task forces, technical teams, 
122.15  regional committees, and other groups the council may establish 
122.16  must be conducted in accordance with section 471.705.  Except 
122.17  where prohibited by law, the council must establish additional 
122.18  processes to broaden public involvement in all aspects of its 
122.19  deliberations. 
122.20     Subd. 4.  [COUNCIL OFFICERS AND STAFF.] The council shall 
122.21  elect a chair from among its members.  The council may shall 
122.22  employ an executive director and administrative assistant who 
122.23  shall have the authority to employ staff.  Technical expertise 
122.24  that will enable the council to carry out its functions must be 
122.25  provided to the council by those interests represented on the 
122.26  council. 
122.27     Subd. 5.  [MEMBERSHIP REGULATION.] Terms, compensation, 
122.28  nomination, appointment, and removal of council members are 
122.29  governed by section 15.059.  Section 15.059, subdivision 5, does 
122.30  not govern the expiration date of the council.  
122.31     Subd. 6.  [REPORT.] By January 1, 1997, the council shall 
122.32  prepare a report to the governor and legislature on the status 
122.33  of the state's forest resources, and strategic directions to 
122.34  provide for their management, use, and protection.  Information 
122.35  generated by the reporting requirements in this chapter must be 
122.36  incorporated in the council's report.  To the extent possible, 
123.1   the council's report must also identify the activities and 
123.2   accomplishments of various programs that directly affect the 
123.3   state's forest resources.  The council must report to the 
123.4   governor and to the legislative committees and divisions with 
123.5   jurisdiction over environment and natural resource policy and 
123.6   finance by February 1 of each year.  The report must describe 
123.7   the progress and accomplishments made by the council during the 
123.8   preceding year. 
123.9      Subd. 7.  [REVIEW OF FOREST RESOURCES PLAN AND ASSESSMENT.] 
123.10  The council shall undertake a review of the forest resource 
123.11  management plan and forest assessment requirements contained in 
123.12  section 89.011, and report to the commissioner no later than 
123.13  July 1, 1996, on the appropriateness and effectiveness of these 
123.14  requirements, including recommendations for enhancing existing 
123.15  forest resource planning processes.  The council shall review 
123.16  draft statewide and district forest resource planning documents, 
123.17  and incorporate the findings, including any recommendation, of 
123.18  such reviews in its biennial report specified in subdivision 6. 
123.19     Sec. 117.  Minnesota Statutes 1998, section 89A.04, is 
123.20  amended to read: 
123.21     89A.04 [PARTNERSHIP.] 
123.22     It is the policy of the state to encourage forest 
123.23  landowners, forest managers, and loggers to establish a 
123.24  partnership in which the implementation of council 
123.25  recommendations can occur in a timely and coordinated manner 
123.26  across ownerships.  The partnership shall serve as a forum for 
123.27  discussing operational implementation issues and problem solving 
123.28  related to forest resources management and planning concerns, 
123.29  and be responsive to the recommendations of the council.  This 
123.30  partnership shall also actively foster collaboration and 
123.31  coordination among forest managers and landowners in addressing 
123.32  landscape-level operations and concerns.  In fulfilling its 
123.33  responsibilities as identified in this chapter, the council 
123.34  shall seek input from and consult with the partnership may 
123.35  advise the council.  Nothing in this section shall imply extra 
123.36  rights or influence for the partnership. 
124.1      Sec. 118.  Minnesota Statutes 1998, section 89A.05, is 
124.2   amended to read: 
124.3      89A.05 [TIMBER HARVESTING AND FOREST MANAGEMENT 
124.4   GUIDELINES.] 
124.5      Subdivision 1.  [DEVELOPMENT.] The council shall coordinate 
124.6   the development of comprehensive timber harvesting and forest 
124.7   management guidelines.  The guidelines must address the water, 
124.8   air, soil, biotic, recreational, and aesthetic resources found 
124.9   in forest ecosystems by focusing on those impacts commonly 
124.10  associated with applying site-level forestry practices.  The 
124.11  guidelines must reflect a range of practical and sound practices 
124.12  based on the best available scientific information, and be 
124.13  integrated to minimize conflicting recommendations while being 
124.14  easy to understand and implement.  Best management practices 
124.15  previously developed for forest management must be incorporated 
124.16  into the guidelines.  By June 30, 2003, the council 
124.17  shall periodically review and, when if deemed necessary, update 
124.18  the guidelines.  Changes to the guidelines shall be peer 
124.19  reviewed prior to final adoption by the council.  By December 
124.20  1999, the council must undertake a peer review of the 
124.21  recommendations in the forest management guidelines adopted in 
124.22  December 1998 for protecting forest riparian areas and seasonal 
124.23  ponds. 
124.24     Subd. 2.  [ECONOMIC CONSIDERATIONS.] Before the 
124.25  implementation of timber harvesting and forest management 
124.26  guidelines, new site-level practices and landscape-level 
124.27  programs, the council shall analyze the costs and benefits of 
124.28  new site-level practices and landscape-level programs.  When the 
124.29  analysis concludes that new landscape-level programs and 
124.30  site-level practices will result in adverse economic effects, 
124.31  including decreased timber supply and negative effects on 
124.32  tourism, opportunities to offset those effects must be 
124.33  explored.  The council shall also: 
124.34     (1) identify and quantify forest and timberland acreages 
124.35  that will no longer be available for harvest; and 
124.36     (2) encourage public resource agencies to provide 
125.1   sustainable, predictable supplies of high-quality forest 
125.2   resource benefits, including timber supplies that are consistent 
125.3   with their multiple mandates and diverse management objectives.  
125.4   These benefits should be provided by public resource agencies in 
125.5   proportion to their forest land's capability to do so. 
125.6      Subd. 2a.  [REVIEW.] In reviewing the guidelines, the 
125.7   council must consider information from forest resources, 
125.8   practices, compliance, and effectiveness monitoring programs of 
125.9   the department.  The council's recommendations relating to 
125.10  revisions to the forest management guidelines must be subject to 
125.11  peer reviewers appointed by the council.  The council must 
125.12  consider recommendations of peer reviewers prior to final 
125.13  adoption of revisions to the guidelines. 
125.14     Subd. 3.  [APPLICATION.] The timber harvesting and forest 
125.15  management guidelines are voluntary.  Prior to their actual use, 
125.16  the council shall must develop guideline implementation goals 
125.17  for each major forest land ownership category.  If the 
125.18  information developed as a result of the forest resources, 
125.19  practices, compliance, and effectiveness monitoring programs 
125.20  established in section 89A.07 conducted by the department or 
125.21  other information obtained by the council indicates the 
125.22  implementation goals for the guidelines are not being met and 
125.23  the council determines significant adverse impacts are 
125.24  occurring, the council shall recommend to the governor 
125.25  additional measures to address those impacts.  The council shall 
125.26  must incorporate the recommendations as part of the council's 
125.27  biennial report required by section 89A.03, subdivision 6. 
125.28     Subd. 4.  [MONITORING RIPARIAN FORESTS.] The commissioner, 
125.29  with program advice from the council, shall accelerate 
125.30  monitoring the extent and condition of riparian forests, the 
125.31  extent to which harvesting occurs within riparian management 
125.32  zones and seasonal ponds, and the use and effectiveness of 
125.33  timber harvesting and forest management guidelines applied in 
125.34  riparian management zones and seasonal ponds.  This information 
125.35  shall, to the extent possible, be consistent with the monitoring 
125.36  programs identified in section 89A.07.  Information gathered on 
126.1   riparian forests and timber harvesting in riparian management 
126.2   zones and seasonal ponds as specified in this subdivision shall 
126.3   be presented to the legislature by February 2001 and in 
126.4   subsequent reports required in section 89A.03, subdivision 6. 
126.5      Sec. 119.  Minnesota Statutes 1998, section 89A.06, is 
126.6   amended to read: 
126.7      89A.06 [LANDSCAPE-LEVEL FOREST RESOURCE PLANNING AND 
126.8   COORDINATION.] 
126.9      Subdivision 1.  [FRAMEWORK.] The council shall must 
126.10  establish a framework that will enable long-range strategic 
126.11  planning and landscape coordination to occur, to the extent 
126.12  possible, across all forested regions of the state and across 
126.13  all ownerships.  The framework must include: 
126.14     (1) identification of the landscapes within which 
126.15  long-range strategic planning of forest resources can occur, 
126.16  provided that the landscapes must be delineated based on broadly 
126.17  defined ecological units and existing classification systems, 
126.18  yet recognize existing political and administrative boundaries 
126.19  and planning processes; 
126.20     (2) a statement of principles and goals for landscape-based 
126.21  forest resource planning; and 
126.22     (3) identification of a general process by which 
126.23  landscape-based forest resource planning can occur occurs, 
126.24  provided that the process must give considerable latitude to 
126.25  design planning processes that fit the unique needs and 
126.26  resources of each landscape; reflect a balanced consideration of 
126.27  the economic, social, and environmental conditions and needs of 
126.28  each landscape; and interface and establish formats that are 
126.29  compatible with other landscape-based forest resource plans. 
126.30     Subd. 2.  [REGIONAL FOREST RESOURCE COMMITTEES.] To foster 
126.31  landscape-based forest resource planning, the council shall must 
126.32  establish regional forest resource committees.  The Each 
126.33  regional committees must committee shall: 
126.34     (1) include representative interests in a particular region 
126.35  that are committed to and involved in landscape planning and 
126.36  coordination activities; 
127.1      (2) serve as a forum for landowners, managers, and 
127.2   representative interests to discuss landscape forest resource 
127.3   issues; 
127.4      (3) identify and implement an open and public process 
127.5   whereby landscape-based strategic planning of forest resources 
127.6   can occur; 
127.7      (4) integrate its report with existing public and private 
127.8   landscape planning efforts in the region; 
127.9      (5) facilitate landscape coordination between existing 
127.10  regional landscape planning efforts of land managers, both 
127.11  public and private; 
127.12     (6) identify and facilitate opportunities for public 
127.13  participation in existing landscape planning efforts in this 
127.14  region; 
127.15     (7) identify sustainable forest resource goals for the 
127.16  landscape and strategies to achieve those goals; and 
127.17     (5) (8) provide a regional perspective to the council with 
127.18  respect to council activities. 
127.19     Subd. 2a.  [REGIONAL FOREST COMMITTEE REPORTING.] The 
127.20  council must report annually on the activities and progress made 
127.21  by the regional forest committees established under subdivision 
127.22  2, including the following: 
127.23     (1) by December 1, 1999, the regional committee for the 
127.24  council's northeast landscape will complete the identification 
127.25  of draft desired future outcomes, key issues, and strategies for 
127.26  the landscape; 
127.27     (2) by July 1, 2000, the council will complete assessments 
127.28  for the council's north central and southeast landscape regions; 
127.29     (3) by July 1, 2001, the regional committees for the north 
127.30  central and southeast landscapes will complete draft desired 
127.31  future outcomes, key issues, and strategies for their respective 
127.32  landscapes; and 
127.33     (4) the council will establish time lines for additional 
127.34  regional landscape committees and activities as staffing and 
127.35  funding allow. 
127.36     Subd. 3.  [REGIONAL COMMITTEE OFFICERS AND STAFF.] Each 
128.1   regional committee shall elect a chair from among its 
128.2   members The council chair may appoint a chair from the regional 
128.3   committee participants.  The council shall ensure must include 
128.4   in its budget request sufficient resources for each regional 
128.5   committees have sufficient staff resources committee to carry 
128.6   out their its mission as defined in this section. 
128.7      Subd. 4.  [REPORT.] Each regional committee shall must 
128.8   report to the council its work activities and accomplishments. 
128.9      Sec. 120.  Minnesota Statutes 1998, section 89A.07, 
128.10  subdivision 3, is amended to read: 
128.11     Subd. 3.  [EFFECTIVENESS MONITORING.] The commissioner, in 
128.12  cooperation with other research and land management 
128.13  organizations, shall evaluate the effectiveness of practices to 
128.14  mitigate impacts of timber harvesting and forest management 
128.15  activities on the state's forest resources.  The council shall 
128.16  provide oversight and program direction for the development and 
128.17  implementation of this monitoring program.  The commissioner 
128.18  shall report to the council on the effectiveness of these 
128.19  practices. 
128.20     Sec. 121.  Minnesota Statutes 1998, section 89A.07, 
128.21  subdivision 5, is amended to read: 
128.22     Subd. 5.  [CITIZEN CONCERNS.] The council shall facilitate 
128.23  the establishment of a process to accept comments from the 
128.24  public on negligent timber harvesting or forest management 
128.25  practices.  Comments must also be directed to the organization 
128.26  administering the certification program. 
128.27     Sec. 122.  Minnesota Statutes 1998, section 89A.10, is 
128.28  amended to read: 
128.29     89A.10 [CONTINUING EDUCATION; CERTIFICATION.] 
128.30     It is the policy of the state to encourage timber 
128.31  harvesters and forest resource professionals to establish 
128.32  voluntary certification and continuing education programs within 
128.33  their respective professions that promote sustainable forest 
128.34  management.  The council shall, where appropriate, facilitate 
128.35  the development of these programs. 
128.36     Sec. 123.  Minnesota Statutes 1998, section 92.45, is 
129.1   amended to read: 
129.2      92.45 [STATE LAND ON MEANDERED LAKES WITHDRAWN FROM SALE.] 
129.3      All state lands bordering on or adjacent to meandered lakes 
129.4   and other public waters and watercourses, with the live timber 
129.5   growing on them, are withdrawn from sale except as provided in 
129.6   this section.  The commissioner of natural resources may sell 
129.7   the timber as otherwise provided by law for cutting and removal 
129.8   under conditions the commissioner prescribes.  The conditions 
129.9   must be in accordance with approved, sustained-yield forestry 
129.10  practices.  The commissioner must reserve the timber and impose 
129.11  other conditions the commissioner deems necessary to protect 
129.12  watersheds, wildlife habitat, shorelines, and scenic features.  
129.13  Within the area in Cook, Lake, and St. Louis counties described 
129.14  in the act of Congress approved July 10, 1930, (Statutes at 
129.15  Large, volume 46, page 1020), the timber on state lands is 
129.16  subject to restrictions like those now imposed by the act on 
129.17  federal lands. 
129.18     The following land is reserved for public travel:  of all 
129.19  land bordering on or adjacent to meandered lakes and other 
129.20  public waters and watercourses and withdrawn from sale, a strip 
129.21  two rods wide, the ordinary high-water mark being its waterside 
129.22  boundary, and its landside boundary a line drawn parallel to the 
129.23  ordinary high-water mark and two rods distant landward from it.  
129.24  Wherever the conformation of the shore line or conditions 
129.25  require, the commissioner must reserve a wider strip. 
129.26     Except for sales under section 282.018, subdivision 1, when 
129.27  a state agency or any other unit of government requests the 
129.28  legislature to authorize the sale of state lands bordering on or 
129.29  adjacent to meandered lakes and other public waters and 
129.30  watercourses, the commissioner shall evaluate the lands and 
129.31  their public benefits and make recommendations on the proposed 
129.32  dispositions to the committees of the legislature with 
129.33  jurisdiction over natural resources.  The commissioner shall 
129.34  include any recommendations of the commissioner for disposition 
129.35  of lands withdrawn from sale under this section over which the 
129.36  commissioner has jurisdiction.  The commissioner's 
130.1   recommendations may include a public sale, sale to a private 
130.2   party, acquisition by the commissioner for public purposes, 
130.3   retention of a conservation easement for shoreland preservation 
130.4   by the commissioner under chapter 84C, or a cooperative 
130.5   management agreement with, or transfer to, another unit of 
130.6   government. 
130.7      The commissioner may sell state lands bordering on or 
130.8   adjacent to the Mississippi river or any lakes, waters, and 
130.9   watercourses in its bottom lands, desired or needed by the 
130.10  United States government for, or in connection with, any project 
130.11  heretofore authorized by Congress, to improve navigation in the 
130.12  Mississippi River at public sale according to law, as in other 
130.13  cases, upon application by an authorized United States 
130.14  official.  The application must describe the land and include a 
130.15  map showing its location with reference to adjoining properties. 
130.16     Sec. 124.  Minnesota Statutes 1998, section 92.46, 
130.17  subdivision 1, is amended to read: 
130.18     Subdivision 1.  [PUBLIC CAMPGROUNDS.] (a) The director may 
130.19  designate suitable portions of the state lands withdrawn from 
130.20  sale and not reserved, as provided in section 92.45, as 
130.21  permanent state public campgrounds.  The director may have the 
130.22  land surveyed and platted into lots of convenient size, and 
130.23  lease them for cottage and camp purposes under terms and 
130.24  conditions the director prescribes, subject to the provisions of 
130.25  this section.  
130.26     (b) A lease may not be for a term more than 20 years.  The 
130.27  lease may allow renewal, from time to time, for additional terms 
130.28  of no longer than 20 years each.  The lease may be canceled by 
130.29  the commissioner 90 days after giving the person leasing the 
130.30  land written notice of violation of lease conditions.  The lease 
130.31  rate shall be based on the appraised value of leased land as 
130.32  determined by the commissioner of natural resources and shall be 
130.33  adjusted by the commissioner at the fifth, tenth, and 15th 
130.34  anniversary of the lease, if the appraised value has increased 
130.35  or decreased.  For leases that are renewed in 1991 and following 
130.36  years, the lease rate shall be five percent of the appraised 
131.1   value of the leased land.  The appraised value shall be the 
131.2   value of the leased land without any private improvements and 
131.3   must be comparable to similar land without any improvements 
131.4   within the same county.  The minimum appraised value that the 
131.5   commissioner assigns to the leased land must be substantially 
131.6   equal to the county assessor's estimated market value of similar 
131.7   land adjusted by the assessment/sales ratio as determined by the 
131.8   department of revenue. 
131.9      (c) By July 1, 1986, the commissioner of natural resources 
131.10  shall adopt rules under chapter 14 to establish procedures for 
131.11  leasing land under this section.  The rules shall be subject to 
131.12  review and approval by the commissioners of revenue and 
131.13  administration prior to the initial publication pursuant to 
131.14  chapter 14 and prior to their final adoption.  The rules must 
131.15  address at least the following: 
131.16     (1) method of appraising the property; and 
131.17     (2) an appeal procedure for both the appraised values and 
131.18  lease rates. 
131.19     (d) All money received from these leases must be credited 
131.20  to the fund to which the proceeds of the land belong.  
131.21     Notwithstanding section 16A.125 or any other law to the 
131.22  contrary, 50 for fiscal years 1999 and 2000, 100 percent, and 
131.23  thereafter, 50 percent, of the money received from the lease of 
131.24  permanent school fund lands leased pursuant to this subdivision 
131.25  must be credited to the lakeshore leasing and sales account in 
131.26  the permanent school fund and is appropriated for use to survey, 
131.27  appraise, and pay associated selling and, leasing, or exchange 
131.28  costs of lots as required in this section and Minnesota Statutes 
131.29  1992, section 92.67, subdivision 3.  The money may not be used 
131.30  to pay the cost of surveying lots not scheduled for sale.  Any 
131.31  money designated for deposit in the permanent school fund that 
131.32  is not needed to survey, appraise, and pay associated 
131.33  selling and, leasing, or exchange costs of lots, as required in 
131.34  this section, shall be deposited in the permanent school fund.  
131.35  The commissioner shall add to the appraised value of any lot 
131.36  offered for sale or exchange the costs of surveying, appraising, 
132.1   and selling disposing of the lot, and shall first deposit into 
132.2   the permanent school fund an amount equal to the costs of 
132.3   surveying, appraising, and selling disposing of any lot paid out 
132.4   of the permanent school fund.  Any remaining money shall be 
132.5   deposited into any other contributing funds in proportion to the 
132.6   contribution from each fund.  In no case may the commissioner 
132.7   add to the appraised value of any lot offered for sale or 
132.8   exchange an amount more than $700 for the actual contract 
132.9   service costs of surveying and, appraising, and disposing of the 
132.10  lot. 
132.11     Sec. 125.  Minnesota Statutes 1998, section 97B.020, is 
132.12  amended to read: 
132.13     97B.020 [FIREARMS SAFETY CERTIFICATE REQUIRED.] 
132.14     Except as provided in this section, a person born after 
132.15  December 31, 1979, may not obtain a license to take wild animals 
132.16  by firearms.  A person may obtain a hunting license if unless 
132.17  the person has a firearms safety certificate or equivalent 
132.18  certificate, driver's license or identification card with a 
132.19  valid firearms safety qualification indicator issued under 
132.20  section 171.07, subdivision 13, previous hunting license, or 
132.21  other evidence indicating that the person has completed in this 
132.22  state or in another state a hunter safety course recognized by 
132.23  the department under a reciprocity agreement.  A person who is 
132.24  on active duty and has successfully completed basic training in 
132.25  the United States armed forces, reserve component, or national 
132.26  guard may obtain a hunting license or approval authorizing 
132.27  hunting regardless of whether the person is issued a firearms 
132.28  safety certificate. 
132.29     Sec. 126.  Minnesota Statutes 1998, section 103B.227, 
132.30  subdivision 2, is amended to read: 
132.31     Subd. 2.  [NOTICE OF BOARD VACANCIES.] Appointing 
132.32  authorities for watershed management organization board members 
132.33  shall publish a notice of vacancies resulting from expiration of 
132.34  members' terms and other reasons.  The notices must be published 
132.35  at least once in a newspaper of general circulation in the 
132.36  watershed management organization area.  The notices must state 
133.1   that persons interested in being appointed to serve on the 
133.2   watershed management organization board may submit their names 
133.3   to the appointing authority for consideration.  After December 
133.4   31, 1999, staff of local units of government that are members of 
133.5   the watershed management organization are not eligible to be 
133.6   appointed to the board.  Published notice of the vacancy must be 
133.7   given at least 15 days before an appointment or reappointment is 
133.8   made.  
133.9      Sec. 127.  Minnesota Statutes 1998, section 103F.515, 
133.10  subdivision 2, is amended to read: 
133.11     Subd. 2.  [ELIGIBLE LAND.] (a) Land may be placed in the 
133.12  conservation reserve program if the land meets the requirements 
133.13  of paragraphs (b) and (c).  
133.14     (b) Land is eligible if the land: 
133.15     (1) is marginal agricultural land; 
133.16     (2) is adjacent to marginal agricultural land and is either 
133.17  beneficial to resource protection or necessary for efficient 
133.18  recording of the land description; 
133.19     (3) consists of a drained wetland; 
133.20     (4) is land that with a windbreak would be beneficial to 
133.21  resource protection; 
133.22     (5) is land in a sensitive groundwater area; 
133.23     (6) is riparian land; 
133.24     (7) is cropland or noncropland adjacent to restored 
133.25  wetlands to the extent of up to four acres of cropland or one 
133.26  acre of noncropland for each acre of wetland restored; 
133.27     (8) is a woodlot on agricultural land; 
133.28     (9) is abandoned building site on agricultural land, 
133.29  provided that funds are not used for compensation of the value 
133.30  of the buildings; or 
133.31     (10) is land on a hillside used for pasture.  
133.32     (c) Eligible land under paragraph (a) must: 
133.33     (1) be owned by the landowner, or a parent or other blood 
133.34  relative of the landowner, for at least one year before the date 
133.35  of application; 
133.36     (2) be at least five acres in size, except for a drained 
134.1   wetland area, riparian area, windbreak, woodlot, or abandoned 
134.2   building site, or be a whole field as defined by the United 
134.3   States Agricultural Stabilization and Conservation Services; 
134.4      (3) not be set aside, enrolled or diverted under another 
134.5   federal or state government program unless enrollment in the 
134.6   conservation reserve program would provide additional 
134.7   conservation benefits or a longer term of enrollment than under 
134.8   the current federal or state program; and 
134.9      (4) have been in agricultural crop production for at least 
134.10  two of the last five years before the date of application except 
134.11  drained wetlands, riparian lands, woodlots, abandoned building 
134.12  sites, or land on a hillside used for pasture. 
134.13     (d) In selecting drained wetlands for enrollment in the 
134.14  program, the highest priority must be given to wetlands with a 
134.15  cropping history during the period 1976 to 1985. 
134.16     (e) In selecting land for enrollment in the program, 
134.17  highest priority must be given to permanent easements that are 
134.18  consistent with the purposes stated in section 103F.505. 
134.19     Sec. 128.  Minnesota Statutes 1998, section 103G.271, 
134.20  subdivision 6, is amended to read: 
134.21     Subd. 6.  [WATER USE PERMIT PROCESSING FEE.] (a) Except as 
134.22  described in paragraphs (b) to (f), a water use permit 
134.23  processing fee must be prescribed by the commissioner in 
134.24  accordance with the following schedule of fees for each water 
134.25  use permit in force at any time during the year: 
134.26     (1) 0.05 cents per 1,000 gallons for the first 50,000,000 
134.27  gallons per year; 
134.28     (2) 0.10 cents per 1,000 gallons for amounts greater than 
134.29  50,000,000 gallons but less than 100,000,000 gallons per year; 
134.30     (3) 0.15 cents per 1,000 gallons for amounts greater than 
134.31  100,000,000 gallons but less than 150,000,000 gallons per year; 
134.32     (4) 0.20 cents per 1,000 gallons for amounts greater than 
134.33  150,000,000 gallons but less than 200,000,000 gallons per year; 
134.34     (5) 0.25 cents per 1,000 gallons for amounts greater than 
134.35  200,000,000 gallons but less than 250,000,000 gallons per year; 
134.36     (6) 0.30 cents per 1,000 gallons for amounts greater than 
135.1   250,000,000 gallons but less than 300,000,000 gallons per year; 
135.2      (7) 0.35 cents per 1,000 gallons for amounts greater than 
135.3   300,000,000 gallons but less than 350,000,000 gallons per year; 
135.4      (8) 0.40 cents per 1,000 gallons for amounts greater than 
135.5   350,000,000 gallons but less than 400,000,000 gallons per year; 
135.6   and 
135.7      (9) 0.45 cents per 1,000 gallons for amounts greater than 
135.8   400,000,000 gallons per year.  
135.9      (b) For once-through cooling systems, a water use 
135.10  processing fee must be prescribed by the commissioner in 
135.11  accordance with the following schedule of fees for each water 
135.12  use permit in force at any time during the year: 
135.13     (1) for nonprofit corporations and school districts, 15.0 
135.14  cents per 1,000 gallons; and 
135.15     (2) for all other users, 20 cents per 1,000 gallons. 
135.16     (c) The fee is payable based on the amount of water 
135.17  appropriated during the year and, except as provided in 
135.18  paragraph (f), the minimum fee is $50.  
135.19     (d) For water use processing fees other than once-through 
135.20  cooling systems:  
135.21     (1) the fee for a city of the first class may not exceed 
135.22  $175,000 per year; 
135.23     (2) the fee for other entities for any permitted use may 
135.24  not exceed: 
135.25     (i) $35,000 per year for an entity holding three or fewer 
135.26  permits; 
135.27     (ii) $50,000 per year for an entity holding four or five 
135.28  permits; 
135.29     (iii) $175,000 per year for an entity holding more than 
135.30  five permits; 
135.31     (3) the fee for agricultural irrigation may not exceed $750 
135.32  per year; 
135.33     (4) the fee for a municipality that furnishes electric 
135.34  service and cogenerates steam for home heating may not exceed 
135.35  $10,000 for its permit for water use related to the cogeneration 
135.36  of electricity and steam; and 
136.1      (5) no fee is required for a project involving the 
136.2   appropriation of surface water to prevent flood damage or to 
136.3   remove flood waters during a period of flooding, as determined 
136.4   by the commissioner.  
136.5      (e) Failure to pay the fee is sufficient cause for revoking 
136.6   a permit.  A penalty of two percent per month calculated from 
136.7   the original due date must be imposed on the unpaid balance of 
136.8   fees remaining 30 days after the sending of a second notice of 
136.9   fees due.  A fee may not be imposed on an agency, as defined in 
136.10  section 16B.01, subdivision 2, or federal governmental agency 
136.11  holding a water appropriation permit. 
136.12     (f) The minimum water use processing fee for a permit 
136.13  issued for irrigation of agricultural land is $10 for years in 
136.14  which: 
136.15     (1) there is no appropriation of water under the permit; or 
136.16     (2) the permit is suspended for more than seven consecutive 
136.17  days between May 1 and October 1. 
136.18     (g) For once-through systems fees payable after July 1, 
136.19  1993, 75 percent of the fees must be credited to a special 
136.20  account and are appropriated to the Minnesota public facilities 
136.21  authority for loans under section 446A.21. 
136.22     Sec. 129.  [103G.705] [STREAM PROTECTION AND IMPROVEMENT 
136.23  LOAN PROGRAM.] 
136.24     Subdivision 1.  [LOAN PROGRAM.] (a) A political subdivision 
136.25  may apply to the commissioner on forms provided by the 
136.26  commissioner for a loan for up to 90 percent of the total local 
136.27  cost of a project to protect or improve a stream.  The 
136.28  commissioner shall apportion loans according to the potential 
136.29  for prevention of immediate harm to the stream, the relative 
136.30  need for maintenance or improvements, the date of the 
136.31  application for the loan, and the availability of funds. 
136.32     (b) By January 15 of each year, the commissioner must 
136.33  provide the legislature with a list of all applications received 
136.34  by the commissioner, the loan amounts requested, and a listing 
136.35  and explanation of the disposition of the applications. 
136.36     (c) The commissioner must make the loan to the political 
137.1   subdivision in the amount determined by the commissioner and 
137.2   under the terms specified in this section.  Loans made under 
137.3   this section do not require the approval of the electors of the 
137.4   political subdivision as provided in section 475.58 and do not 
137.5   constitute net debt for purposes of section 475.53 or any debt 
137.6   limitation provision of any special law or city charter.  
137.7      (d) A loan made under this section must be repaid without 
137.8   interest over a period not to exceed ten years.  The 
137.9   commissioner may charge an annual administrative fee to the 
137.10  political subdivision. 
137.11     (e) A political subdivision receiving a loan made under 
137.12  this section must levy for the loan repayment beginning in the 
137.13  year the loan proceeds are received and succeeding years until 
137.14  the loan and the associated administrative costs are repaid.  
137.15  The levy must be for: 
137.16     (1) the amount of the annual loan repayment and the 
137.17  associated administrative costs; or 
137.18     (2) the amount of the annual loan repayment and 
137.19  administrative costs less the amount the political subdivision 
137.20  certifies it has received from other sources for the loan 
137.21  repayment. 
137.22     Subd. 2.  [STREAM PROTECTION AND IMPROVEMENT FUND.] There 
137.23  is established in the state treasury a stream protection and 
137.24  redevelopment fund.  All repayments of loans made and 
137.25  administrative fees assessed under subdivision 1 must be 
137.26  deposited in this fund.  Interest earned on money in the fund 
137.27  accrues to the fund and money in the fund is appropriated to the 
137.28  commissioner of natural resources for purposes of the stream 
137.29  protection and redevelopment program, including costs incurred 
137.30  by the commissioner to establish and administer the program. 
137.31     Sec. 130.  Minnesota Statutes 1998, section 115.55, 
137.32  subdivision 5a, is amended to read: 
137.33     Subd. 5a.  [INSPECTION CRITERIA FOR EXISTING SYSTEMS.] (a) 
137.34  An inspection of an existing system must evaluate the criteria 
137.35  in paragraphs (b) to (h) (j). 
137.36     (b) If the inspector finds one or more of the following 
138.1   conditions: 
138.2      (1) sewage discharge to surface water; 
138.3      (2) sewage discharge to ground surface; 
138.4      (3) sewage backup; or 
138.5      (4) any other situation with the potential to immediately 
138.6   and adversely affect or threaten public health or safety, 
138.7   then the system constitutes an imminent threat to public health 
138.8   or safety and, if not repaired, must be upgraded, replaced, or 
138.9   its use discontinued within ten months of receipt of the notice 
138.10  described in subdivision 5b, or within a shorter period of time 
138.11  if required by local ordinance. 
138.12     (c) An existing system that has none of the conditions in 
138.13  paragraph (b), and has at least two feet of soil separation need 
138.14  not be upgraded, repaired, replaced, or its use discontinued, 
138.15  notwithstanding any local ordinance that is more restrictive. 
138.16     (d) Paragraph (c) does not apply to systems in shoreland 
138.17  areas regulated under sections 103F.201 to 103F.221, wellhead 
138.18  protection areas as defined in section 103I.005, or those used 
138.19  in connection with food, beverage, and lodging establishments 
138.20  regulated under chapter 157. 
138.21     (e) If the local unit of government with jurisdiction over 
138.22  the system has adopted an ordinance containing local standards 
138.23  pursuant to subdivision 7, the existing system must comply with 
138.24  the ordinance.  If the system does not comply with the 
138.25  ordinance, it must be upgraded, replaced, or its use 
138.26  discontinued according to the ordinance. 
138.27     (f) If a seepage pit, drywell, cesspool, or leaching pit 
138.28  exists and the local unit of government with jurisdiction over 
138.29  the system has not adopted local standards to the contrary, the 
138.30  system is failing and must be upgraded, replaced, or its use 
138.31  discontinued within the time required by subdivision 3 or local 
138.32  ordinance. 
138.33     (g) If the system fails to provide sufficient groundwater 
138.34  protection, then the local unit of government or its agent shall 
138.35  order that the system be upgraded, replaced, or its use 
138.36  discontinued within the time required by rule or the local 
139.1   ordinance. 
139.2      (h) The authority to find a threat to public health under 
139.3   section 145A.04, subdivision 8, is in addition to the authority 
139.4   to make a finding under paragraphs (b) to (d). 
139.5      (i) Local inspectors must use the standard inspection form 
139.6   provided by the agency.  The inspection information required by 
139.7   local ordinance may be included as an attachment to the standard 
139.8   form.  The following language must appear on the standard form:  
139.9   "If an existing system is not failing as defined in law, and has 
139.10  at least two feet of design soil separation, then the system 
139.11  need not be upgraded, repaired, replaced, or its use 
139.12  discontinued, notwithstanding any local ordinance that is more 
139.13  strict.  This does not apply to systems in shoreland areas, 
139.14  wellhead protection areas, or those used in connection with 
139.15  food, beverage, and lodging establishments as defined in law." 
139.16     (j) For the purposes of this subdivision, an "existing 
139.17  system" means a functioning system installed prior to April 1, 
139.18  1996. 
139.19     Sec. 131.  Minnesota Statutes 1998, section 115A.02, is 
139.20  amended to read: 
139.21     115A.02 [LEGISLATIVE DECLARATION OF POLICY; PURPOSES.] 
139.22     (a) It is the goal of this chapter to protect the state's 
139.23  land, air, water, and other natural resources and the public 
139.24  health by improving waste management in the state to serve the 
139.25  following purposes:  
139.26     (1) reduction in the amount and toxicity of waste 
139.27  generated; 
139.28     (2) separation and recovery of materials and energy from 
139.29  waste; 
139.30     (3) reduction in indiscriminate dependence on disposal of 
139.31  waste; 
139.32     (4) coordination of solid waste management among political 
139.33  subdivisions; and 
139.34     (5) orderly and deliberate development and financial 
139.35  security of waste facilities including disposal facilities. 
139.36     (b) The waste management goal of the state is to foster an 
140.1   integrated waste management system in a manner appropriate to 
140.2   the characteristics of the waste stream and thereby protect the 
140.3   state's land, air, water, and other natural resources and the 
140.4   public health.  The following waste management practices are in 
140.5   order of preference: 
140.6      (1) waste reduction and reuse; 
140.7      (2) waste recycling; 
140.8      (3) composting of yard waste and food waste; 
140.9      (4) resource recovery through mixed municipal solid waste 
140.10  composting or incineration; and 
140.11     (5) land disposal which produces no measurable methane gas 
140.12  or which involves the retrieval of methane gas as a fuel for the 
140.13  production of energy to be used on-site or for sale; and 
140.14     (6) land disposal which produces measurable methane and 
140.15  which does not involve the retrieval of methane gas as a fuel 
140.16  for the production of energy to be used on-site or for sale. 
140.17     Sec. 132.  Minnesota Statutes 1998, section 115A.908, 
140.18  subdivision 2, is amended to read: 
140.19     Subd. 2.  [DEPOSIT OF REVENUE.] Revenue collected shall be 
140.20  credited to the motor vehicle transfer account in the 
140.21  environmental fund.  As cash flow permits, the commissioner of 
140.22  finance must transfer (1) $3,200,000 each fiscal year from the 
140.23  motor vehicle transfer account to the environmental response, 
140.24  compensation, and compliance account established in section 
140.25  115B.20; and (2) $1,200,000 each fiscal year from the motor 
140.26  vehicle transfer account to the general fund. 
140.27     Sec. 133.  Minnesota Statutes 1998, section 115B.39, 
140.28  subdivision 2, is amended to read: 
140.29     Subd. 2.  [DEFINITIONS.] (a) In addition to the definitions 
140.30  in this subdivision, the definitions in sections 115A.03 and 
140.31  115B.02 apply to sections 115B.39 to 115B.445, except as 
140.32  specifically modified in this subdivision. 
140.33     (b) "Cleanup order" means a consent order between 
140.34  responsible persons and the agency or an order issued by the 
140.35  United States Environmental Protection Agency under section 106 
140.36  of the federal Superfund Act. 
141.1      (c) "Closure" means actions to prevent or minimize the 
141.2   threat to public health and the environment posed by a mixed 
141.3   municipal solid waste disposal facility that has stopped 
141.4   accepting waste by controlling the sources of releases or 
141.5   threatened releases at the facility.  "Closure" includes 
141.6   removing contaminated equipment and liners; applying final 
141.7   cover; grading and seeding final cover; installing wells, 
141.8   borings, and other monitoring devices; constructing groundwater 
141.9   and surface water diversion structures; and installing gas 
141.10  control systems and site security systems, as necessary.  The 
141.11  commissioner may authorize use of final cover that includes 
141.12  processed materials that meet the requirements in Code of 
141.13  Federal Regulations, title 40, section 503.32, paragraph (a). 
141.14     (d) "Closure upgrade" means construction activity that 
141.15  will, at a minimum, modify an existing cover so that it 
141.16  satisfies current rule requirements for mixed municipal solid 
141.17  waste land disposal facilities. 
141.18     (e) "Contingency action" means organized, planned, or 
141.19  coordinated courses of action to be followed in case of fire, 
141.20  explosion, or release of solid waste, waste by-products, or 
141.21  leachate that could threaten human health or the environment. 
141.22     (f) "Corrective action" means steps taken to repair 
141.23  facility structures including liners, monitoring wells, 
141.24  separation equipment, covers, and aeration devices and to bring 
141.25  the facility into compliance with design, construction, 
141.26  groundwater, surface water, and air emission standards. 
141.27     (g) "Decomposition gases" means gases produced by chemical 
141.28  or microbial activity during the decomposition of solid waste. 
141.29     (h) "Dump materials" means nonhazardous mixed municipal 
141.30  solid wastes disposed at a Minnesota waste disposal site other 
141.31  than a qualified facility prior to 1973. 
141.32     (i) "Environmental response action" means response action 
141.33  at a qualified facility, including corrective action, closure, 
141.34  postclosure care; contingency action; environmental studies, 
141.35  including remedial investigations and feasibility studies; 
141.36  engineering, including remedial design; removal; remedial 
142.1   action; site construction; and other similar cleanup-related 
142.2   activities.  
142.3      (j) "Environmental response costs" means: 
142.4      (1) costs of environmental response action, not including 
142.5   legal or administrative expenses; and 
142.6      (2) costs required to be paid to the federal government 
142.7   under section 107(a) of the federal Superfund Act, as amended. 
142.8      (k) "Postclosure" or "postclosure care" means actions taken 
142.9   for the care, maintenance, and monitoring of closure actions at 
142.10  a mixed municipal solid waste disposal facility. 
142.11     (l) "Qualified facility" means a mixed municipal solid 
142.12  waste disposal facility as described in the most recent agency 
142.13  permit, including adjacent property used for solid waste 
142.14  disposal that did not occur under a permit from the agency, that:
142.15     (1)(i) is or was permitted by the agency; 
142.16     (2) (ii) stopped accepting solid waste, except demolition 
142.17  debris, for disposal by April 9, 1994; and 
142.18     (3) (iii) stopped accepting demolition debris for disposal 
142.19  by June 1, 1994, except that demolition debris may be accepted 
142.20  until May 1, 1995, at a permitted area where disposal of 
142.21  demolition debris is allowed, if the area where the demolition 
142.22  debris is deposited is at least 50 feet from the fill boundary 
142.23  of the area where mixed municipal solid waste was deposited; or 
142.24     (2)(i) is or was permitted by the agency; and 
142.25     (ii) stopped accepting waste by January 1, 2000, except 
142.26  that demolition debris, industrial waste, and municipal solid 
142.27  waste combustor ash may be accepted until January 1, 2001, at a 
142.28  permitted area where disposal of such waste is allowed, if the 
142.29  area where the waste is deposited is at least 50 feet from the 
142.30  fill boundary of the area where mixed municipal solid waste was 
142.31  deposited. 
142.32     Sec. 134.  Minnesota Statutes 1998, section 115B.40, 
142.33  subdivision 2, is amended to read: 
142.34     Subd. 2.  [PRIORITY LIST.] (a) The commissioner shall 
142.35  establish a priority list for preventing or responding to 
142.36  releases of hazardous substances, pollutants and contaminants, 
143.1   or decomposition gases at qualified facilities defined in 
143.2   section 115B.39, subdivision 2, paragraph (l), clause (1).  The 
143.3   commissioner shall periodically revise the list to reflect 
143.4   changing conditions at facilities that affect priority for 
143.5   response actions.  The initial priority list must be established 
143.6   by January 1, 1995. 
143.7      (b) The priority list required under this subdivision must 
143.8   be based on the relative risk or danger to public health or 
143.9   welfare or the environment, taking into account to the extent 
143.10  possible the population at risk, the hazardous potential of the 
143.11  hazardous substances at the facility, the potential for 
143.12  contamination of drinking water supplies, the potential for 
143.13  direct human contact, and the potential for destruction of 
143.14  sensitive ecosystems. 
143.15     Sec. 135.  Minnesota Statutes 1998, section 115B.40, 
143.16  subdivision 3, is amended to read: 
143.17     Subd. 3.  [NOTIFICATION.] By September 1, 1994, the 
143.18  commissioner shall notify the owner or operator of, and persons 
143.19  subject to a cleanup order at, each qualified facility defined 
143.20  in section 115B.39, subdivision 2, paragraph (l), clause (1), of 
143.21  whether the requirements of subdivision 4 or 5 have been met.  
143.22  If the requirements have not been met at a facility, the 
143.23  commissioner, by the earliest practicable date, shall notify the 
143.24  owner or operator and persons subject to a cleanup order of what 
143.25  actions need to be taken.  
143.26     Sec. 136.  Minnesota Statutes 1998, section 115B.40, 
143.27  subdivision 4, is amended to read: 
143.28     Subd. 4.  [QUALIFIED FACILITY NOT UNDER CLEANUP ORDER; 
143.29  DUTIES.] (a) The owner or operator of a qualified facility that 
143.30  is not subject to a cleanup order shall: 
143.31     (1) complete closure activities at the facility, or enter 
143.32  into a binding agreement with the commissioner to do so, as 
143.33  provided in paragraph (d) (e), within one year from the date the 
143.34  owner or operator is notified by the commissioner under 
143.35  subdivision 3 of the closure activities that are necessary to 
143.36  properly close the facility in compliance with facility's 
144.1   permit, closure orders, or enforcement agreement with the 
144.2   agency, and with the solid waste rules in effect at the time the 
144.3   facility stopped accepting waste; 
144.4      (2) undertake or continue postclosure care at the facility 
144.5   until the date of notice of compliance under subdivision 7; 
144.6      (3) in the case of qualified facilities defined in section 
144.7   115B.39, subdivision 2, paragraph (l), clause (1), transfer to 
144.8   the commissioner of revenue for deposit in the solid waste fund 
144.9   established in section 115B.42 any funds required for proof of 
144.10  financial responsibility under section 116.07, subdivision 4h, 
144.11  that remain after facility closure and any postclosure care and 
144.12  response action undertaken by the owner or operator at the 
144.13  facility including, if proof of financial responsibility is 
144.14  provided through a letter of credit or other financial 
144.15  instrument or mechanism that does not accumulate money in an 
144.16  account, the amount that would have accumulated had the owner or 
144.17  operator utilized a trust fund, less any amount used for 
144.18  closure, postclosure care, and response action at the 
144.19  facility; and 
144.20     (4) in the case of qualified facilities defined in section 
144.21  115B.39, subdivision 2, paragraph (l), clause (2), transfer to 
144.22  the commissioner of revenue for deposit in the solid waste fund 
144.23  established in section 115B.42 an amount of cash that is equal 
144.24  to the sum of their approved current contingency action cost 
144.25  estimate and the present value of their approved estimated 
144.26  remaining postclosure care costs required for proof of financial 
144.27  responsibility under section 116.07, subdivision 4h. 
144.28     (b) The owner or operator of a qualified facility that is 
144.29  not subject to a cleanup order shall:  
144.30     (1) in the case of qualified facilities defined in section 
144.31  115B.39, subdivision 2, paragraph (l), clause (1), provide the 
144.32  commissioner with a copy of all applicable comprehensive general 
144.33  liability insurance policies and other liability policies 
144.34  relating to property damage, certificates, or other evidence of 
144.35  insurance coverage held during the life of the facility; and 
144.36     (5) (2) enter into a binding agreement with the 
145.1   commissioner to: 
145.2      (i) in the case of qualified facilities defined in section 
145.3   115B.39, subdivision 2, paragraph (l), clause (1), take any 
145.4   actions necessary to preserve the owner or operator's rights to 
145.5   payment or defense under insurance policies included in 
145.6   clause (4) (1); cooperate with the commissioner in asserting 
145.7   claims under the policies; and, within 60 days of a request by 
145.8   the commissioner, but no earlier than July 1, 1996, assign only 
145.9   those rights under the policies related to environmental 
145.10  response costs; 
145.11     (ii) cooperate with the commissioner or other persons 
145.12  acting at the direction of the commissioner in taking additional 
145.13  environmental response actions necessary to address releases or 
145.14  threatened releases and to avoid any action that interferes with 
145.15  environmental response actions, including allowing entry to the 
145.16  property and to the facility's records and allowing entry and 
145.17  installation of equipment; and 
145.18     (iii) refrain from developing or altering the use of 
145.19  property described in any permit for the facility except after 
145.20  consultation with the commissioner and in conformance with any 
145.21  conditions established by the commissioner for that property, 
145.22  including use restrictions, to protect public health and welfare 
145.23  and the environment. 
145.24     (b) (c) The owner or operator of a qualified facility 
145.25  defined in section 115B.39, subdivision 2, paragraph (l), clause 
145.26  (1), that is a political subdivision may use a portion of any 
145.27  funds established for response at the facility, which are 
145.28  available directly or through a financial instrument or other 
145.29  financial arrangement, for closure or postclosure care at the 
145.30  facility if funds available for closure or postclosure care are 
145.31  inadequate and shall assign the rights to any remainder to the 
145.32  commissioner. 
145.33     (c) (d) The agreement required in paragraph (a) (b), 
145.34  clause (5) (2), must be in writing and must apply to and be 
145.35  binding upon the successors and assigns of the owner.  The owner 
145.36  shall record the agreement, or a memorandum approved by the 
146.1   commissioner that summarizes the agreement, with the county 
146.2   recorder or registrar of titles of the county where the property 
146.3   is located. 
146.4      (d) (e) A binding agreement entered into under paragraph 
146.5   (a), clause (1), may include a provision that the owner or 
146.6   operator will reimburse the commissioner for the costs of 
146.7   closing the facility to the standard required in that clause. 
146.8      Sec. 137.  Minnesota Statutes 1998, section 115B.40, 
146.9   subdivision 5, is amended to read: 
146.10     Subd. 5.  [QUALIFIED FACILITY UNDER CLEANUP ORDER; DUTIES.] 
146.11  (a) For a qualified facility that is subject to a cleanup order, 
146.12  persons identified in the order shall complete construction of 
146.13  the remedy required under the cleanup order and: 
146.14     (1) for a federal order, receive a concurrent determination 
146.15  of the United States Environmental Protection Agency and the 
146.16  agency or commissioner that the remedy is functioning properly 
146.17  and is performing as designed; or 
146.18     (2) for a state order, receive acknowledgment from the 
146.19  agency or commissioner that the obligations under the order for 
146.20  construction of the remedy have been met. 
146.21     (b) The owner or operator of a qualified facility that is 
146.22  subject to a cleanup order, in addition to any applicable 
146.23  requirement in paragraph (a), shall comply with subdivision 4, 
146.24  paragraph paragraphs (a), clauses clause (3) to (5) or (4); 
146.25  and (b). 
146.26     Sec. 138.  Minnesota Statutes 1998, section 115B.40, 
146.27  subdivision 6, is amended to read: 
146.28     Subd. 6.  [COMMISSIONER; DUTIES.] (a) If the owner or 
146.29  operator of a qualified facility that is subject to the 
146.30  requirements of subdivision 4, paragraph (a), fails to comply 
146.31  with subdivision 4, paragraph (a), clause (1) or (2), the 
146.32  commissioner shall: 
146.33     (1) undertake or complete closure activities at the 
146.34  facility in compliance with the solid waste rules in effect at 
146.35  the time the commissioner takes action under this clause; and 
146.36     (2) undertake or continue postclosure care at the facility 
147.1   as required under subdivision 2. 
147.2      (b) If a facility has been properly closed under 
147.3   subdivision 4, but the applicable closure requirements are less 
147.4   environmentally protective than closure requirements in the 
147.5   solid waste rules in effect on January 1, 1993, the commissioner 
147.6   shall determine whether the facility should be closed to the 
147.7   higher standards and, if so, shall undertake additional closure 
147.8   activities at the facility to meet those standards.  The 
147.9   commissioner may determine that additional closure activities 
147.10  are unnecessary only if it is likely that response actions will 
147.11  be taken in the near future and that those response actions will 
147.12  result in removal or significant alteration of the closure 
147.13  activities or render the closure activities unnecessary.  
147.14     Sec. 139.  Minnesota Statutes 1998, section 115B.40, 
147.15  subdivision 7, is amended to read: 
147.16     Subd. 7.  [NOTICE OF COMPLIANCE; EFFECTS.] (a) The 
147.17  commissioner shall provide written notice of compliance to the 
147.18  appropriate owner or operator or person subject to a cleanup 
147.19  order when: 
147.20     (1) the commissioner determines that the requirements of 
147.21  subdivision 4 or 5 have been met; and 
147.22     (2) the person who will receive the notice has submitted to 
147.23  the commissioner a written waiver of any claims the person may 
147.24  have against any other person for recovery of any environmental 
147.25  response costs related to a qualified facility that were 
147.26  incurred prior to the date of notice of compliance. 
147.27     (b) Beginning on the date of the notice of compliance: 
147.28     (1) the commissioner shall assume all obligations of the 
147.29  owner or operator or person for environmental response actions 
147.30  under the federal Superfund Act and any federal or state cleanup 
147.31  orders and shall undertake all further action under subdivision 
147.32  1 at or related to the facility that the commissioner deems 
147.33  appropriate and in accordance with the priority list; and 
147.34     (2) the commissioner may not seek recovery against the 
147.35  owner or operator of the facility or any responsible person of 
147.36  any costs incurred by the commissioner for environmental 
148.1   response action at or related to the facility, except: 
148.2      (i) in the case of qualified facilities defined in section 
148.3   115B.39, subdivision 2, paragraph (l), clause (1), to the extent 
148.4   of insurance coverage held by the owner or operator or 
148.5   responsible person; or 
148.6      (ii) as provided in section 115B.402. 
148.7      (c) The commissioner and the attorney general shall 
148.8   communicate with the United States Environmental Protection 
148.9   Agency addressing the manner and procedure for the state's 
148.10  assumption of federal obligations under paragraph (b), clause 
148.11  (1). 
148.12     Sec. 140.  Minnesota Statutes 1998, section 115B.40, 
148.13  subdivision 8, is amended to read: 
148.14     Subd. 8.  [STATUTES OF LIMITATIONS.] (a) With respect to 
148.15  claims for recovery of environmental response costs related to 
148.16  qualified facilities defined in section 115B.39, subdivision 2, 
148.17  paragraph (l), clause (1), the running of all applicable periods 
148.18  of limitation under state law is suspended until July 1, 2004. 
148.19     (b) A waiver of claims for recovery of environmental 
148.20  response costs under this section or section 115B.43 is 
148.21  extinguished for that portion of reimbursable costs under 
148.22  section 115B.43 that have not been reimbursed by July 1, 2004. 
148.23     Sec. 141.  Minnesota Statutes 1998, section 115B.405, 
148.24  subdivision 1, is amended to read: 
148.25     Subdivision 1.  [APPLICATION.] The owner or operator of a 
148.26  qualified facility may apply to the commissioner for exclusion 
148.27  from the landfill cleanup program under sections 115B.39, 
148.28  115B.40, 115B.41, 115B.412, and 115B.43.  Applications for 
148.29  qualified facilities defined in section 115B.39, subdivision 2, 
148.30  paragraph (l), clause (1), must be received by the commissioner 
148.31  by February 1, 1995.  Applications for qualified facilities 
148.32  defined in section 115B.39, subdivision 2, paragraph (l), clause 
148.33  (2), must be received by the commissioner by December 31, 1999.  
148.34  The owner or operator of a qualified facility that is subject to 
148.35  a federal cleanup order or that includes any portion that is 
148.36  tax-forfeited may not apply for exclusion under this section.  
149.1   In addition to other information required by the commissioner, 
149.2   an application must include a disclosure of all financial 
149.3   assurance accounts established for the facility.  Applications 
149.4   for exclusion must: 
149.5      (1) show that the operator or owner is complying with the 
149.6   agency's rules adopted under section 116.07, subdivision 4h, and 
149.7   is complying with a financial assurance plan for the facility 
149.8   that the commissioner has approved after determining that the 
149.9   plan is adequate to provide for closure, postclosure care, and 
149.10  contingency action; 
149.11     (2) demonstrate that the facility is closed or is in 
149.12  compliance with a closure schedule approved by the commissioner; 
149.13  and 
149.14     (3) include a waiver of all claims for recovery of costs 
149.15  incurred under sections 115B.01 to 115B.24 and the federal 
149.16  Superfund Act at or related to a qualified facility. 
149.17     Sec. 142.  Minnesota Statutes 1998, section 115B.42, is 
149.18  amended to read: 
149.19     115B.42 [SOLID WASTE FUND.] 
149.20     Subdivision 1.  [ESTABLISHMENT; APPROPRIATION; SEPARATE 
149.21  ACCOUNTING.] (a) The solid waste fund is established in the 
149.22  state treasury.  The fund consists of money credited to the fund 
149.23  and interest earned on the money in the fund.  Except as 
149.24  provided in subdivision 2, clause clauses (7) and (8), money in 
149.25  the fund is annually appropriated to the commissioner for the 
149.26  purposes listed in subdivision 2. 
149.27     (b) The commissioner of finance shall separately account 
149.28  for revenue deposited in the fund from financial assurance funds 
149.29  or other mechanisms, the metropolitan landfill contingency 
149.30  action trust fund, and all other sources of revenue. 
149.31     Subd. 2.  [EXPENDITURES.] (a) Money in the fund may be 
149.32  spent by the commissioner to: 
149.33     (1) inspect permitted mixed municipal solid waste disposal 
149.34  facilities to: 
149.35     (i) evaluate the adequacy of final cover, slopes, 
149.36  vegetation, and erosion control; 
150.1      (ii) determine the presence and concentration of hazardous 
150.2   substances, pollutants or contaminants, and decomposition gases; 
150.3   and 
150.4      (iii) determine the boundaries of fill areas; 
150.5      (2) monitor and take, or reimburse others for, 
150.6   environmental response actions, including emergency response 
150.7   actions, at qualified facilities; 
150.8      (3) acquire and dispose of property under section 115B.412, 
150.9   subdivision 3; 
150.10     (4) recover costs under section 115B.39; 
150.11     (5) administer, including providing staff and 
150.12  administrative support for, sections 115B.39 to 115B.445; 
150.13     (6) enforce sections 115B.39 to 115B.445; 
150.14     (7) subject to appropriation, administer the agency's 
150.15  groundwater and solid waste management programs; 
150.16     (8) pay for private water supply well monitoring and health 
150.17  assessment costs of the commissioner of health in areas affected 
150.18  by unpermitted mixed municipal solid waste disposal facilities; 
150.19     (9) reimburse persons under section 115B.43; and 
150.20     (9) (10) reimburse mediation expenses up to a total of 
150.21  $250,000 annually or defense costs up to a total of $250,000 
150.22  annually for third-party claims for response costs under state 
150.23  or federal law as provided in section 115B.414; and 
150.24     (11) perform environmental assessments, up to $1,000,000, 
150.25  at unpermitted mixed municipal solid waste disposal facilities. 
150.26     Sec. 143.  [115B.421] [CLOSED LANDFILL INVESTMENT FUND.] 
150.27     The closed landfill investment fund is established in the 
150.28  state treasury.  The fund consists of money credited to the 
150.29  fund, and interest and other earnings on money in the fund.  The 
150.30  commissioner of finance shall transfer an initial amount of 
150.31  $5,100,000 from the balance in the solid waste fund beginning in 
150.32  fiscal year 2000 and shall continue to transfer $5,100,000 for 
150.33  each following fiscal year, ceasing after 2003.  The fund shall 
150.34  be managed to maximize long-term gain through the state board of 
150.35  investment.  Money in the fund may be spent by the commissioner 
150.36  after fiscal year 2020 in accordance with section 115B.42, 
151.1   subdivision 2, clauses (1) to (6).  
151.2      Sec. 144.  Minnesota Statutes 1998, section 115B.43, 
151.3   subdivision 1, is amended to read: 
151.4      Subdivision 1.  [GENERALLY.] Environmental response costs 
151.5   at qualified facilities defined in section 115B.39, subdivision 
151.6   2, paragraph (l), clause (1), for which a notice of compliance 
151.7   has been issued under section 115B.40, subdivision 7, are 
151.8   reimbursable as provided in this section. 
151.9      Sec. 145.  Minnesota Statutes 1998, section 115B.442, is 
151.10  amended by adding a subdivision to read: 
151.11     Subd. 1a.  [DEFINITION OF QUALIFIED FACILITIES.] For the 
151.12  purposes of sections 115B.441 to 115B.445, "qualified facility" 
151.13  means only those qualified facilities defined in section 
151.14  115B.39, subdivision 2, paragraph (l), clause (1). 
151.15     Sec. 146.  Minnesota Statutes 1998, section 116.07, 
151.16  subdivision 7, is amended to read: 
151.17     Subd. 7.  [COUNTIES; PROCESSING OF APPLICATIONS FOR ANIMAL 
151.18  LOT PERMITS.] Any Minnesota county board may, by resolution, 
151.19  with approval of the pollution control agency, assume 
151.20  responsibility for processing applications for permits required 
151.21  by the pollution control agency under this section for livestock 
151.22  feedlots, poultry lots or other animal lots.  The responsibility 
151.23  for permit application processing, if assumed by a county, may 
151.24  be delegated by the county board to any appropriate county 
151.25  officer or employee.  
151.26     (a) For the purposes of this subdivision, the term 
151.27  "processing" includes: 
151.28     (1) the distribution to applicants of forms provided by the 
151.29  pollution control agency; 
151.30     (2) the receipt and examination of completed application 
151.31  forms, and the certification, in writing, to the pollution 
151.32  control agency either that the animal lot facility for which a 
151.33  permit is sought by an applicant will comply with applicable 
151.34  rules and standards, or, if the facility will not comply, the 
151.35  respects in which a variance would be required for the issuance 
151.36  of a permit; and 
152.1      (3) rendering to applicants, upon request, assistance 
152.2   necessary for the proper completion of an application. 
152.3      (b) For the purposes of this subdivision, the term 
152.4   "processing" may include, at the option of the county board, 
152.5   issuing, denying, modifying, imposing conditions upon, or 
152.6   revoking permits pursuant to the provisions of this section or 
152.7   rules promulgated pursuant to it, subject to review, suspension, 
152.8   and reversal by the pollution control agency.  The pollution 
152.9   control agency shall, after written notification, have 15 days 
152.10  to review, suspend, modify, or reverse the issuance of the 
152.11  permit.  After this period, the action of the county board is 
152.12  final, subject to appeal as provided in chapter 14. 
152.13     (c) For the purpose of administration of rules adopted 
152.14  under this subdivision, the commissioner and the agency may 
152.15  provide exceptions for cases where the owner of a feedlot has 
152.16  specific written plans to close the feedlot within five years.  
152.17  These exceptions include waiving requirements for major capital 
152.18  improvements. 
152.19     (d) For purposes of this subdivision, a discharge caused by 
152.20  an extraordinary natural event such as a precipitation event of 
152.21  greater magnitude than the 25-year, 24-hour event, tornado, or 
152.22  flood in excess of the 100-year flood is not a "direct discharge 
152.23  of pollutants." 
152.24     (e) In adopting and enforcing rules under this subdivision, 
152.25  the commissioner shall cooperate closely with other governmental 
152.26  agencies. 
152.27     (f) The pollution control agency shall work with the 
152.28  Minnesota extension service, the department of agriculture, the 
152.29  board of water and soil resources, producer groups, local units 
152.30  of government, as well as with appropriate federal agencies such 
152.31  as the Natural Resources Conservation Service and the Farm 
152.32  Service Agency, to notify and educate producers of rules under 
152.33  this subdivision at the time the rules are being developed and 
152.34  adopted and at least every two years thereafter. 
152.35     (g) The pollution control agency shall adopt rules 
152.36  governing the issuance and denial of permits for livestock 
153.1   feedlots, poultry lots or other animal lots pursuant to this 
153.2   section.  A feedlot permit is not required for livestock 
153.3   feedlots with more than ten but less than 50 animal units; 
153.4   provided they are not in shoreland areas.  These rules apply 
153.5   both to permits issued by counties and to permits issued by the 
153.6   pollution control agency directly.  
153.7      (h) The pollution control agency shall exercise supervising 
153.8   authority with respect to the processing of animal lot permit 
153.9   applications by a county. 
153.10     (i) After May 17, 1997, Any new rules or amendments to 
153.11  existing rules proposed under the authority granted in this 
153.12  subdivision, or to implement new fees on animal feedlots, must 
153.13  be submitted to the members of legislative policy and finance 
153.14  committees with jurisdiction over agriculture and the 
153.15  environment prior to final adoption.  The rules must not become 
153.16  effective until 90 days after the proposed rules are submitted 
153.17  to the members.  
153.18     (j) Until new rules are adopted that provide for plans for 
153.19  manure storage structures, any plans for a liquid manure storage 
153.20  structure must be prepared or approved by a registered 
153.21  professional engineer or a United States Department of 
153.22  Agriculture, Natural Resources Conservation Service employee. 
153.23     (k) A county may adopt by ordinance standards for animal 
153.24  feedlots that are more stringent than standards in pollution 
153.25  control agency rules. 
153.26     (l) After January 1, 2001, a county that has not accepted 
153.27  delegation of the feedlot permit program must hold a public 
153.28  meeting prior to the agency issuing a feedlot permit for a 
153.29  feedlot facility with 300 or more animal units, unless another 
153.30  public meeting has been held with regard to the feedlot facility 
153.31  to be permitted. 
153.32     Sec. 147.  Minnesota Statutes 1998, section 116.072, is 
153.33  amended by adding a subdivision to read: 
153.34     Subd. 13.  [FEEDLOT ADMINISTRATIVE PENALTY ORDERS.] (a) 
153.35  Prior to the commissioner proposing an administrative penalty 
153.36  order to a feedlot operator for a violation of feedlot laws or 
154.1   rules, the agency staff who will determine if a penalty is 
154.2   appropriate and who will determine the size of the penalty shall 
154.3   offer to meet with the feedlot operator to discuss the 
154.4   violation, and to allow the feedlot operator to present any 
154.5   information that may affect any agency decisions on the 
154.6   administrative penalty order. 
154.7      (b) For serious feedlot law violations for which an 
154.8   administrative penalty order is issued under this section, the 
154.9   penalty may be forgiven if: 
154.10     (1) the abated penalty is used for environmental 
154.11  improvements to the farm; and 
154.12     (2) the commissioner determines that the violation has been 
154.13  corrected or that appropriate steps are being taken to correct 
154.14  the action. 
154.15     Sec. 148.  Minnesota Statutes 1998, section 116.073, 
154.16  subdivision 1, is amended to read: 
154.17     Subdivision 1.  [AUTHORITY TO ISSUE.] Pollution control 
154.18  agency staff designated by the commissioner and department of 
154.19  natural resources conservation officers may issue citations to a 
154.20  person who: 
154.21     (1) disposes of solid waste as defined in section 116.06, 
154.22  subdivision 22, at a location not authorized by law for the 
154.23  disposal of solid waste without permission of the owner of the 
154.24  property; 
154.25     (2) fails to report or recover oil or hazardous substance 
154.26  discharges as required under section 115.061; or 
154.27     (3) fails to take discharge preventive or preparedness 
154.28  measures required under chapter 115E.  In addition, pollution 
154.29  control agency staff designated by the commissioner may issue 
154.30  citations to owners and operators of facilities dispensing 
154.31  petroleum products who violate sections 116.46 to 116.50 and 
154.32  Minnesota Rules, chapter chapters 7150 and 7151, and Minnesota 
154.33  Rules, parts 7001.4200 to 7001.4300.  The citations for 
154.34  violation of sections 116.46 to 116.50 and Minnesota Rules, 
154.35  chapter 7150, may be issued only after the owners and operators 
154.36  have had a 90-day period to correct all the violations stated in 
155.1   a letter issued previously by pollution control agency staff.  A 
155.2   citation issued under this subdivision must include a 
155.3   requirement that the person cited remove and properly dispose of 
155.4   or otherwise manage the waste or discharged oil or hazardous 
155.5   substance, reimburse any government agency that has disposed of 
155.6   the waste or discharged oil or hazardous substance and 
155.7   contaminated debris for the reasonable costs of disposal, or 
155.8   correct any underground storage tank violations. 
155.9      Sec. 149.  Minnesota Statutes 1998, section 116.073, 
155.10  subdivision 2, is amended to read: 
155.11     Subd. 2.  [PENALTY AMOUNT.] The citation must impose the 
155.12  following penalty amounts: 
155.13     (1) $100 per major appliance, as defined in section 
155.14  115A.03, subdivision 17a, up to a maximum of $2,000; 
155.15     (2) $25 per waste tire, as defined in section 115A.90, 
155.16  subdivision 11, up to a maximum of $2,000; 
155.17     (3) $25 per lead acid battery governed by section 115A.915, 
155.18  up to a maximum of $2,000; 
155.19     (4) $1 per pound of other solid waste or $20 per cubic foot 
155.20  up to a maximum of $2,000; 
155.21     (5) up to $200 for any amount of waste that escapes from a 
155.22  vehicle used for the transportation of solid waste if, after 
155.23  receiving actual notice that waste has escaped the vehicle, the 
155.24  person or company transporting the waste fails to immediately 
155.25  collect the waste; 
155.26     (6) $50 per violation of rules adopted under section 
155.27  116.49, relating to underground storage tank system design, 
155.28  construction, installation, and notification requirements, up to 
155.29  a maximum of $2,000; 
155.30     (7) $250 per violation of rules adopted under section 
155.31  116.49, relating to upgrading of existing underground storage 
155.32  tank systems, up to a maximum of $2,000; 
155.33     (8) $100 per violation of rules adopted under section 
155.34  116.49, relating to underground storage tank system general 
155.35  operating requirements, up to a maximum of $2,000; 
155.36     (9) $250 per violation of rules adopted under section 
156.1   116.49, relating to underground storage tank system release 
156.2   detection requirements, up to a maximum of $2,000; 
156.3      (10) $50 per violation of rules adopted under section 
156.4   116.49, relating to out-of-service underground storage tank 
156.5   systems and closure, up to a maximum of $2,000; and 
156.6      (11) $50 per violation of sections 116.48 to 116.491 
156.7   relating to underground storage tank system notification, 
156.8   monitoring, environmental protection, and tank installers 
156.9   training and certification requirements, up to a maximum of 
156.10  $2,000; 
156.11     (12) $25 per gallon of oil or hazardous substance 
156.12  discharged which is not reported or recovered under section 
156.13  115.061, up to a maximum of $2,000; 
156.14     (13) $1 per gallon of oil or hazardous substance being 
156.15  stored, transported, or otherwise handled without the prevention 
156.16  or preparedness measures required under chapter 115E, up to a 
156.17  maximum of $2,000; and 
156.18     (14) $250 per violation of Minnesota Rules, parts 7001.4200 
156.19  to 7001.4300, or Minnesota Rules, chapter 7151, related to 
156.20  aboveground storage tank systems, up to a maximum of $2,000. 
156.21     Sec. 150.  [116.915] [MERCURY REDUCTION.] 
156.22     Subdivision 1.  [GOAL.] It is the goal of the state to 
156.23  reduce mercury contamination by reducing the release of mercury 
156.24  into the air and water of the state by 60 percent from 1990 
156.25  levels by December 31, 2000, and by 70 percent from 1990 levels 
156.26  by December 31, 2005.  The goal applies to the statewide total 
156.27  of releases from existing and new sources of mercury.  The 
156.28  commissioner shall publish updated estimates of 1990 releases in 
156.29  the State Register. 
156.30     Subd. 2.  [REDUCTION STRATEGIES.] The commissioner shall 
156.31  implement the strategies recommended by the mercury 
156.32  contamination reduction initiative advisory council and 
156.33  identified on pages 31 to 42 of the Minnesota pollution control 
156.34  agency's report entitled "Report on the Mercury Contamination 
156.35  Reduction Initiative Advisory Council's Results and 
156.36  Recommendations" as transmitted to the legislature by the 
157.1   commissioner's letter dated March 15, 1999.  The commissioner 
157.2   shall solicit, by July 1, 1999, voluntary reduction agreements 
157.3   from sources that emit more than 50 pounds of mercury per year. 
157.4      Subd. 3.  [PROGRESS REPORTS.] The commissioner, in 
157.5   cooperation with the director of the office of environmental 
157.6   assistance, shall submit progress reports to the legislature on 
157.7   October 15, 2001, and October 15, 2005.  The reports shall 
157.8   address the state's success in meeting the mercury release 
157.9   reduction goals of subdivision 1, and discuss whether different 
157.10  voluntary or mandatory reduction strategies are needed.  The 
157.11  reports shall also discuss whether the reduction goals are still 
157.12  appropriate given the most recent information regarding mercury 
157.13  risks. 
157.14     Sec. 151.  Minnesota Statutes 1998, section 156.001, 
157.15  subdivision 2, is amended to read: 
157.16     Subd. 2.  [ACCREDITED OR APPROVED COLLEGE OF VETERINARY 
157.17  MEDICINE.] "Accredited or approved college of veterinary 
157.18  medicine" means a veterinary college or division of a university 
157.19  or college that offers the degree of doctor of veterinary 
157.20  medicine or its equivalent and that conforms to the standards 
157.21  required for accreditation or approval by the American 
157.22  Veterinary Medical Association Council on Education. 
157.23     Sec. 152.  Minnesota Statutes 1998, section 156.001, 
157.24  subdivision 3, is amended to read: 
157.25     Subd. 3.  [ANIMAL.] "Animal" does not include poultry or 
157.26  birds of any kind. 
157.27     Sec. 153.  Minnesota Statutes 1998, section 156.001, is 
157.28  amended by adding a subdivision to read: 
157.29     Subd. 5a.  [FIRM.] "Firm" includes a corporation, limited 
157.30  liability company, and limited liability partnership, wherever 
157.31  incorporated, organized, or registered. 
157.32     Sec. 154.  Minnesota Statutes 1998, section 156.01, 
157.33  subdivision 3, is amended to read: 
157.34     Subd. 3.  [OFFICERS.] The board shall elect from its number 
157.35  a president and such other officers as are necessary, all from 
157.36  within its membership.  One person may hold the offices of both 
158.1   secretary and treasurer.  The board shall have a seal and the 
158.2   power to subpoena witnesses, to administer oaths, and take 
158.3   testimony.  It shall make, alter, or amend such rules as may be 
158.4   that are necessary to carry this chapter into effect the 
158.5   provisions of this chapter.  It shall hold examinations for 
158.6   applicants for license to engage in veterinary practice at a 
158.7   time and place of its own choosing.  Notice of such an 
158.8   examination shall must be posted 90 days before the date set for 
158.9   an the examination in all veterinary schools approved by the 
158.10  board in the state, and shall must be published in the journal 
158.11  of the American Veterinary Medical Association.  American 
158.12  Association of Veterinary State Boards "Directory of Veterinary 
158.13  Licensure Requirements."  The board may hold such other meetings 
158.14  as it deems necessary; but no meeting shall exceed three days 
158.15  duration. 
158.16     Sec. 155.  Minnesota Statutes 1998, section 156.02, 
158.17  subdivision 1, is amended to read: 
158.18     Subdivision 1.  [LICENSE APPLICATION.] Application for a 
158.19  license to practice veterinary medicine in this state shall be 
158.20  made in writing to the board of veterinary medicine upon a form 
158.21  furnished by the board, accompanied by satisfactory evidence 
158.22  that the applicant is at least 18 years of age, is of good moral 
158.23  character, and has one of the following: 
158.24     (1) a diploma conferring the degree of doctor of veterinary 
158.25  medicine, or an equivalent degree, from an accredited or 
158.26  approved college of veterinary medicine; 
158.27     (2) an ECFVG certificate; or 
158.28     (3) a certificate from the dean of an accredited or 
158.29  approved college of veterinary medicine stating that the 
158.30  applicant is a student in good standing expecting to be 
158.31  graduated at the completion of the current academic year of the 
158.32  college in which the applicant is enrolled. 
158.33     The application shall contain the information and material 
158.34  required by subdivision 2 and any other information that the 
158.35  board may, in its sound judgment, require.  The application 
158.36  shall be filed with the board at least 45 60 days before the 
159.1   date of the examination.  If the board deems it advisable, it 
159.2   may require that such application be verified by the oath of the 
159.3   applicant. 
159.4      Sec. 156.  Minnesota Statutes 1998, section 156.02, 
159.5   subdivision 2, is amended to read: 
159.6      Subd. 2.  [REQUIRED WITH APPLICATION.] Every application 
159.7   shall contain the following information and material: 
159.8      (1) the application fee set by the board in the form of a 
159.9   check or money order payable to the board, which fee is not 
159.10  returnable in the event permission to take the examination is 
159.11  denied for good cause; 
159.12     (2) a copy of a diploma from an accredited or approved 
159.13  college of veterinary medicine or a certificate from the dean or 
159.14  secretary of an accredited or approved college of veterinary 
159.15  medicine showing the time spent in the school and the date when 
159.16  the applicant was duly and regularly graduated or will duly and 
159.17  regularly graduate or verification of ECFVG certification; 
159.18     (3) affidavits of at least two veterinarians and three 
159.19  adults who are not related to the applicant setting forth how 
159.20  long a time, when, and under what circumstances they have known 
159.21  the applicant, and any other facts as may be proper to enable 
159.22  the board to determine the qualifications of the applicant; and 
159.23     (4) if the applicant has served in the armed forces, a copy 
159.24  of discharge papers. 
159.25     Sec. 157.  Minnesota Statutes 1998, section 156.03, is 
159.26  amended to read: 
159.27     156.03 [EXAMINATION; PAYMENT.] 
159.28     Upon filing the application and any other papers, 
159.29  affidavits, or proof that the board of veterinary medicine may 
159.30  require, together with the payment to the board of a fee as set 
159.31  by the board, the board, if satisfied, shall issue to the 
159.32  applicant for license an order for examination.  Every applicant 
159.33  for a license shall submit to a theoretical or practical 
159.34  examination, or both, as designated by the board.  The 
159.35  examination may be oral, or written, or both of the application 
159.36  fee and appropriate examination fee as set by the board, the 
160.1   board shall issue to the applicant a permit to take the national 
160.2   examination in veterinary medicine and the Minnesota Veterinary 
160.3   Jurisprudence Examination.  All applicants must be evaluated 
160.4   using an examination prescribed by the board.  A passing score 
160.5   for the national examination must be the criterion referenced 
160.6   passing score as determined by the National Board Examination 
160.7   Committee. 
160.8      Sec. 158.  Minnesota Statutes 1998, section 156.072, is 
160.9   amended to read: 
160.10     156.072 [NONRESIDENTS; LICENSES.] 
160.11     Subdivision 1.  [APPLICATION.] A doctor of veterinary 
160.12  medicine duly admitted to practice in any of the other states or 
160.13  territories or District of Columbia state, commonwealth, 
160.14  territory, or district of the United States or province of 
160.15  Canada desiring permission to practice veterinary medicine in 
160.16  this state shall submit an application to the board upon forms 
160.17  prescribed by the board.  Upon proof of licensure to practice in 
160.18  any other state or territory or in the District of 
160.19  Columbia United States or Canadian jurisdiction and having been 
160.20  actively engaged in practicing veterinary medicine therein, for 
160.21  at least three of the five years next preceding the application, 
160.22  or having been engaged in full time teaching of veterinary 
160.23  medicine in an approved or accredited college for at least three 
160.24  of the five years next preceding the application, or any 
160.25  combination thereof, the national examination in veterinary 
160.26  medicine may be waived, upon the recommendation of the board, 
160.27  and the applicant be admitted to practice without examination.  
160.28  However, the board may impose any other tests as examinations it 
160.29  considers proper. 
160.30     Subd. 2.  [REQUIRED WITH APPLICATION.] Such doctor of 
160.31  veterinary medicine shall accompany the application by the 
160.32  following: 
160.33     (1) a copy of a diploma from an accredited or approved 
160.34  college of veterinary medicine or certification from the dean, 
160.35  registrar, or secretary of an accredited or approved college of 
160.36  veterinary medicine attesting to the applicants graduation from 
161.1   an accredited or approved college of veterinary medicine, or a 
161.2   certificate of satisfactory completion of the ECFVG program. 
161.3      (2) affidavits of two licensed practicing doctors of 
161.4   veterinary medicine of the state, territory or District of 
161.5   Columbia so certifying residing in the United States or Canadian 
161.6   licensing jurisdiction in which the applicant is currently 
161.7   practicing, attesting that they are well acquainted with such 
161.8   the applicant, that the applicant is a person of good moral 
161.9   character, and has been actively engaged in practicing or 
161.10  teaching as the case may be in such state, territory, or 
161.11  District of Columbia jurisdiction for the period above 
161.12  prescribed; 
161.13     (2) (3) a certificate from the regulatory agency having 
161.14  jurisdiction over the conduct of practice of veterinary medicine 
161.15  that such applicant is in good standing and is not the subject 
161.16  of disciplinary action or pending disciplinary action; 
161.17     (3) (4) a certificate from all other jurisdictions in which 
161.18  the applicant holds a currently active license or held a license 
161.19  within the past ten years, stating that the applicant is and was 
161.20  in good standing and has not been subject to disciplinary 
161.21  action; and 
161.22     (4) (5) in lieu of clauses (3) and (4), certification from 
161.23  the Veterinary Information Verification Agency that the 
161.24  applicant's licensure is in good standing; 
161.25     (6) a fee as set by the board in form of check or money 
161.26  order payable to the board, no part of which shall be refunded 
161.27  should the application be denied; 
161.28     (7) score reports on previously taken national examinations 
161.29  in veterinary medicine, certified by the Veterinary Information 
161.30  Verification Agency; and 
161.31     (8) if requesting waiver of examination, provide evidence 
161.32  of meeting licensure requirements in the state of the 
161.33  applicant's original licensure that were substantially equal to 
161.34  the requirements for licensure in Minnesota in existence at that 
161.35  time. 
161.36     Subd. 3.  [EXAMINATION.] A doctor of veterinary medicine 
162.1   duly admitted to practice in any of the other states or 
162.2   territories or in the District of Columbia state, commonwealth, 
162.3   territory, or district of the United States or province of 
162.4   Canada desiring admission to practice in this state but who has 
162.5   not been actively engaged in the practice thereof for at least 
162.6   three of the preceding five years must be examined for admission 
162.7   in accordance with the requirements prescribed herein for those 
162.8   not admitted to practice anywhere. 
162.9      Subd. 4.  [TEMPORARY PERMIT.] The board may issue without 
162.10  examination a temporary permit to practice veterinary medicine 
162.11  in this state to a person who has submitted an application 
162.12  approved by the board for license pending examination, and holds 
162.13  a doctor of veterinary medicine degree or an equivalent degree 
162.14  from an approved or accredited veterinary college of veterinary 
162.15  medicine or an ECFVG certification.  The temporary permit shall 
162.16  expire the day after publication of the notice of results of the 
162.17  first examination given after the permit is issued.  No 
162.18  temporary permit may be issued to any applicant who has 
162.19  previously failed the national examination in this state or in 
162.20  any other state, territory, or district of the United States or 
162.21  a foreign country and is currently not licensed in any licensing 
162.22  jurisdiction of the United States or Canada or to any person 
162.23  whose license has been revoked or suspended or who is currently 
162.24  subject to a disciplinary order in any licensing jurisdiction of 
162.25  the United States or Canada. 
162.26     Sec. 159.  [156.074] [TEMPORARY LICENSE.] 
162.27     A graduate of a nonaccredited or approved college of 
162.28  veterinary medicine, who has satisfactorily completed the fourth 
162.29  year of clinical study at an approved or accredited college of 
162.30  veterinary medicine and has successfully passed the national 
162.31  examination in veterinary medicine and the Minnesota Veterinary 
162.32  Jurisprudence Examination, and is enrolled in the ECFVG program, 
162.33  may be granted a temporary license.  The holder of a temporary 
162.34  license issued under these provisions must practice under the 
162.35  supervision of a Minnesota licensed veterinarian.  The temporary 
162.36  license is valid until the candidate obtains ECFVG certification 
163.1   or for a maximum of two years from the date of issue. 
163.2      Sec. 160.  Minnesota Statutes 1998, section 156.10, is 
163.3   amended to read: 
163.4      156.10 [UNLAWFUL PRACTICE WITHOUT LICENSE OR PERMIT; GROSS 
163.5   MISDEMEANOR.] 
163.6      It shall be unlawful is a gross misdemeanor for any person 
163.7   to practice veterinary medicine in the state without having 
163.8   first secured a veterinary license or temporary permit, as 
163.9   provided in this chapter, and any person violating the 
163.10  provisions of this section shall be guilty of a gross 
163.11  misdemeanor and punished therefor according to the laws of the 
163.12  state. 
163.13     Sec. 161.  Minnesota Statutes 1998, section 156.11, is 
163.14  amended to read: 
163.15     156.11 [CORPORATIONS FIRMS NOT TO PRACTICE.] 
163.16     (a) It shall be is unlawful in the state of Minnesota for 
163.17  any corporation firm, other than one organized pursuant to 
163.18  chapter 319A or 319B, to practice veterinary medicine, or to 
163.19  hold itself out or advertise itself in any way as being entitled 
163.20  to practice veterinary medicine, or to receive the fees, or 
163.21  portions of fees, or gifts or other emoluments or 
163.22  benefits compensation derived from the practice of veterinary 
163.23  medicine, or the performance of veterinary services by any 
163.24  person, whether such that person be is licensed to practice 
163.25  veterinary medicine or not.  Any corporation firm violating the 
163.26  provisions of this section shall be is guilty of a gross 
163.27  misdemeanor and must be fined not more than $3,000 for each 
163.28  offense, and.  Each day that this chapter section is violated 
163.29  shall be considered is a separate offense. 
163.30     (b) Notwithstanding section 319B.08, a veterinary medical 
163.31  practice firm has 12 months after the death of an owner before 
163.32  all of the owner's ownership interest must be acquired by the 
163.33  practice, by persons permitted to own the ownership interest, or 
163.34  by some combination. 
163.35     Sec. 162.  Minnesota Statutes 1998, section 156.12, 
163.36  subdivision 2, is amended to read: 
164.1      Subd. 2.  [AUTHORIZED ACTIVITIES.] No provision of this 
164.2   chapter shall be construed to prohibit: 
164.3      (a) a person from rendering necessary gratuitous assistance 
164.4   in the treatment of any animal when the assistance does not 
164.5   amount to prescribing, testing for, or diagnosing, operating, or 
164.6   vaccinating and when the attendance of a licensed veterinarian 
164.7   cannot be procured; 
164.8      (b) a person who is a regular student in an accredited or 
164.9   approved college of veterinary medicine from performing duties 
164.10  or actions assigned by instructors or preceptors or working 
164.11  under the direct supervision of a licensed veterinarian; 
164.12     (c) a veterinarian regularly licensed in another 
164.13  jurisdiction from consulting with a licensed veterinarian in 
164.14  this state; 
164.15     (d) the owner of an animal and the owner's regular employee 
164.16  from caring for and treating administering to the animal 
164.17  belonging to the owner, except where the ownership of the animal 
164.18  was transferred for purposes of circumventing this chapter; 
164.19     (e) veterinarians employed by the University of Minnesota 
164.20  from performing their duties with the college of veterinary 
164.21  medicine, college of agriculture, agricultural experiment 
164.22  station, agricultural extension service, medical school, school 
164.23  of public health, or other unit within the university; or a 
164.24  person from lecturing or giving instructions or demonstrations 
164.25  at the university or in connection with a continuing education 
164.26  course or seminar to veterinarians; 
164.27     (f) any person from selling or applying any pesticide, 
164.28  insecticide or herbicide; 
164.29     (g) any person from engaging in bona fide scientific 
164.30  research or investigations which reasonably requires 
164.31  experimentation involving animals; 
164.32     (h) any employee of a licensed veterinarian from performing 
164.33  duties other than diagnosis, prescription or surgical correction 
164.34  under the direction and supervision of the veterinarian, who 
164.35  shall be responsible for the performance of the employee; 
164.36     (i) a graduate of a foreign college of veterinary medicine 
165.1   from working under the direct personal instruction, control, or 
165.2   supervision of a veterinarian faculty member of the College of 
165.3   Veterinary Medicine, University of Minnesota in order to 
165.4   complete the requirements necessary to obtain an ECFVG 
165.5   certificate. 
165.6      Sec. 163.  Minnesota Statutes 1998, section 156.12, 
165.7   subdivision 4, is amended to read: 
165.8      Subd. 4.  [TITLES.] It shall be is unlawful for a person 
165.9   who has not received a professional degree from an accredited or 
165.10  approved college of veterinary medicine, or ECFVG certification, 
165.11  to use any of the following titles or designations:  Veterinary, 
165.12  veterinarian, animal doctor, animal surgeon, animal 
165.13  dentist, animal chiropractor, animal acupuncturist, or any other 
165.14  title, designation, word, letter, abbreviation, sign, card, or 
165.15  device tending to indicate that the person is qualified to 
165.16  practice veterinary medicine. 
165.17     Sec. 164.  Minnesota Statutes 1998, section 169.121, 
165.18  subdivision 3, is amended to read: 
165.19     Subd. 3.  [CRIMINAL PENALTIES.] (a) As used in this section:
165.20     (1) "Prior impaired driving conviction" means a prior 
165.21  conviction under: 
165.22     (i) this section; Minnesota Statutes 1996, section 84.91, 
165.23  subdivision 1, paragraph (a), or 86B.331, subdivision 1, 
165.24  paragraph (a); section 169.1211; section 169.129; or section 
165.25  360.0752; 
165.26     (ii) section 609.21, subdivision 1, clauses (2) to (6); 
165.27  subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 
165.28  to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 
165.29  clauses (2) to (6); or subdivision 4, clauses (2) to (6); or 
165.30     (iii) an ordinance from this state, or a statute or 
165.31  ordinance from another state, in conformity with any provision 
165.32  listed in item (i) or (ii). 
165.33     A prior impaired driving conviction also includes a prior 
165.34  juvenile adjudication that would have been a prior impaired 
165.35  driving conviction if committed by an adult. 
165.36     (2) "Prior license revocation" means a driver's license 
166.1   suspension, revocation, cancellation, denial, or 
166.2   disqualification under: 
166.3      (i) this section or section 169.1211, 169.123, 171.04, 
166.4   171.14, 171.16, 171.165, 171.17, or 171.18 because of an 
166.5   alcohol-related incident; 
166.6      (ii) section 609.21, subdivision 1, clauses (2) to (6); 
166.7   subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 
166.8   to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 
166.9   clauses (2) to (6); or subdivision 4, clauses (2) to (6); or 
166.10     (iii) an ordinance from this state, or a statute or 
166.11  ordinance from another state, in conformity with any provision 
166.12  listed in item (i) or (ii). 
166.13     "Prior license revocation" also means the revocation of 
166.14  snowmobile or all-terrain vehicle operating privileges under 
166.15  section 84.911, or motorboat operating privileges under section 
166.16  86B.335, for violations that occurred on or after August 1, 1995 
166.17  1994; the revocation of snowmobile or all-terrain vehicle 
166.18  operating privileges under section 84.91; or the revocation of 
166.19  motorboat operating privileges under section 86B.331. 
166.20     (b) A person who violates subdivision 1, clause (a), (b), 
166.21  (c), (d), (e), (g), or (h), or subdivision 1a, or an ordinance 
166.22  in conformity with any of them, is guilty of a misdemeanor. 
166.23     (c) A person is guilty of a gross misdemeanor under any of 
166.24  the following circumstances: 
166.25     (1) the person violates subdivision 1, clause (f); 
166.26     (2) the person violates subdivision 1, clause (a), (b), 
166.27  (c), (d), (e), (g), or (h), or subdivision 1a, within five years 
166.28  of a prior impaired driving conviction or a prior license 
166.29  revocation; 
166.30     (3) the person violates section 169.26 while in violation 
166.31  of subdivision 1; or 
166.32     (4) the person violates subdivision 1 or 1a while a child 
166.33  under the age of 16 is in the vehicle, if the child is more than 
166.34  36 months younger than the violator. 
166.35     A person convicted of a gross misdemeanor under this 
166.36  paragraph is subject to the mandatory penalties provided in 
167.1   subdivision 3d. 
167.2      (d) A person is guilty of an enhanced gross misdemeanor 
167.3   under any of the following circumstances: 
167.4      (1) the person violates subdivision 1, clause (f), or 
167.5   commits a violation described in paragraph (c), clause (3) or 
167.6   (4), within ten years of one or more prior impaired driving 
167.7   convictions or prior license revocations; 
167.8      (2) the person violates subdivision 1, clause (a), (b), 
167.9   (c), (d), (e), (g), or (h), or subdivision 1a, within ten years 
167.10  of the first of two or more prior impaired driving convictions, 
167.11  two or more prior license revocations, or any combination of two 
167.12  or more prior impaired driving convictions and prior license 
167.13  revocations, based on separate incidents. 
167.14     A person convicted of an enhanced gross misdemeanor under 
167.15  this paragraph may be sentenced to imprisonment in a local 
167.16  correctional facility for not more than two years or to payment 
167.17  of a fine of not more than $3,000, or both.  Additionally, the 
167.18  person is subject to the applicable mandatory penalties provided 
167.19  in subdivision 3e. 
167.20     (e) The court shall notify a person convicted of violating 
167.21  subdivision 1 or 1a that the registration plates of the person's 
167.22  motor vehicle may be impounded under section 168.042 and the 
167.23  vehicle may be subject to forfeiture under section 169.1217 upon 
167.24  a subsequent conviction for violating this section, section 
167.25  169.129, or section 171.24, or a subsequent license revocation 
167.26  under section 169.123.  The notice must describe the conduct and 
167.27  the time periods within which the conduct must occur in order to 
167.28  result in plate impoundment or forfeiture.  The failure of the 
167.29  court to provide this information does not affect the 
167.30  applicability of the plate impoundment or the forfeiture 
167.31  provision to that person. 
167.32     (f) The attorney in the jurisdiction in which the violation 
167.33  occurred who is responsible for prosecution of misdemeanor 
167.34  violations of this section shall also be responsible for 
167.35  prosecution of gross misdemeanor and enhanced gross misdemeanor 
167.36  violations of this section. 
168.1      (g) The court must impose consecutive sentences when it 
168.2   sentences a person for a violation of this section or section 
168.3   169.129 arising out of separate behavioral incidents.  The court 
168.4   also must impose a consecutive sentence when it sentences a 
168.5   person for a violation of this section or section 169.129 and 
168.6   the person, at the time of sentencing, is on probation for, or 
168.7   serving, an executed sentence for a violation of this section or 
168.8   section 169.129 and the prior sentence involved a separate 
168.9   behavioral incident.  The court also may order that the sentence 
168.10  imposed for a violation of this section or section 169.129 shall 
168.11  run consecutively to a previously imposed misdemeanor, gross 
168.12  misdemeanor, or felony sentence for a violation other than this 
168.13  section or section 169.129.  
168.14     (h) When the court stays the sentence of a person convicted 
168.15  under this section, the length of the stay is governed by 
168.16  section 609.135, subdivision 2. 
168.17     (i) The court may impose consecutive sentences for offenses 
168.18  arising out of a single course of conduct as permitted in 
168.19  section 609.035, subdivision 2.  
168.20     (j) When an attorney responsible for prosecuting gross 
168.21  misdemeanors or enhanced gross misdemeanors under this section 
168.22  requests criminal history information relating to prior impaired 
168.23  driving convictions from a court, the court must furnish the 
168.24  information without charge. 
168.25     (k) A violation of subdivision 1a may be prosecuted either 
168.26  in the jurisdiction where the arresting officer observed the 
168.27  defendant driving, operating, or in control of the motor vehicle 
168.28  or in the jurisdiction where the refusal occurred. 
168.29     Sec. 165.  Minnesota Statutes 1998, section 169.1217, 
168.30  subdivision 9, is amended to read: 
168.31     Subd. 9.  [DISPOSITION OF FORFEITED VEHICLE.] (a) If the 
168.32  vehicle is administratively forfeited under subdivision 7a, or 
168.33  if the court finds under subdivision 8 that the vehicle is 
168.34  subject to forfeiture under subdivisions 6 and 7, the 
168.35  appropriate agency shall: 
168.36     (1) sell the vehicle and distribute the proceeds under 
169.1   paragraph (b); or 
169.2      (2) keep the vehicle for official use.  If the agency keeps 
169.3   a forfeited motor vehicle for official use, it shall make 
169.4   reasonable efforts to ensure that the motor vehicle is available 
169.5   for use by the agency's officers who participate in the drug 
169.6   abuse resistance education program. 
169.7      (b) The proceeds from the sale of forfeited vehicles, after 
169.8   payment of seizure, storage, forfeiture, and sale expenses, and 
169.9   satisfaction of valid liens against the property, must be 
169.10  forwarded to the treasury of the political subdivision that 
169.11  employs the appropriate agency responsible for the forfeiture 
169.12  for use in DWI-related enforcement, training and education.  If 
169.13  the appropriate agency is an agency of state government, the net 
169.14  proceeds must be forwarded to the state treasury and credited to 
169.15  the general fund. 
169.16     (c) The proceeds from the sale of forfeited off-road 
169.17  recreational vehicles and motorboats, after payment of seizure, 
169.18  storage, forfeiture, and sale expenses, and satisfaction of 
169.19  valid liens against the property, must be forwarded to the state 
169.20  treasury and credited to the following funds: 
169.21     (1) if the forfeited vehicle is a motorboat, the net 
169.22  proceeds must be credited to the water recreation account in the 
169.23  natural resources fund; 
169.24     (2) if the forfeited vehicle is a snowmobile, the net 
169.25  proceeds must be credited to the snowmobile trails and 
169.26  enforcement account in the natural resources fund; 
169.27     (3) if the forfeited vehicle is an all-terrain vehicle, the 
169.28  net proceeds must be credited to the all-terrain vehicle account 
169.29  in the natural resources fund; 
169.30     (4) if the forfeited vehicle is an off-highway motorcycle, 
169.31  the net proceeds must be credited to the off-highway motorcycle 
169.32  account in the natural resources fund; 
169.33     (5) if the forfeited vehicle is an off-road vehicle, the 
169.34  net proceeds must be credited to the off-road vehicle account in 
169.35  the natural resources fund; and 
169.36     (6) if otherwise, the net proceeds must be credited to the 
170.1   general fund. 
170.2      Sec. 166.  Minnesota Statutes 1998, section 169.123, 
170.3   subdivision 1, is amended to read: 
170.4      Subdivision 1.  [PEACE OFFICER DEFINED.] For purposes of 
170.5   this section, section 169.121, and section 169.1211, the term 
170.6   peace officer means (1) a state patrol officer, (2) University 
170.7   of Minnesota peace officer, (3) a constable as defined in 
170.8   section 367.40, subdivision 3, (4) police officer of any 
170.9   municipality, including towns having powers under section 
170.10  368.01, or county, and (5) for purposes of violations of those 
170.11  sections in or on an off-road recreational vehicle or motorboat, 
170.12  or for violations of section 97B.065 or 97B.066, a state 
170.13  conservation officer. 
170.14     Sec. 167.  Minnesota Statutes 1998, section 171.07, 
170.15  subdivision 12, is amended to read: 
170.16     Subd. 12.  [SNOWMOBILE SAFETY CERTIFICATE.] (a) The 
170.17  department shall maintain in its records information transmitted 
170.18  electronically from the commissioner of natural resources 
170.19  identifying each person to whom the commissioner has issued a 
170.20  snowmobile safety certificate.  The records transmitted from the 
170.21  department of natural resources must contain the full name and 
170.22  date of birth as required for the driver's license or 
170.23  identification card.  Records that are not matched to a driver's 
170.24  license or identification card record may be deleted after seven 
170.25  years. 
170.26     (b) After receiving information under paragraph (a) that a 
170.27  person has received a snowmobile safety certificate, the 
170.28  department shall include, on all drivers' licenses or Minnesota 
170.29  identification cards subsequently issued to the person, a 
170.30  graphic or written indication that the person has received the 
170.31  certificate. 
170.32     (c) If a person who has received a snowmobile safety 
170.33  certificate applies for a driver's license or Minnesota 
170.34  identification card before that information has been transmitted 
170.35  to the department, the department may accept a copy of the 
170.36  certificate as proof of its issuance and shall then follow the 
171.1   procedures in paragraph (b). 
171.2      Sec. 168.  Minnesota Statutes 1998, section 171.07, 
171.3   subdivision 13, is amended to read: 
171.4      Subd. 13.  [FIREARMS SAFETY DESIGNATION.] (a) When an 
171.5   applicant has a record transmitted to the department as 
171.6   described in paragraph (c) or presents a firearms safety 
171.7   certificate issued for successfully completing a firearms safety 
171.8   course administered under section 97B.015, voluntarily and 
171.9   requests a driver's license or identification card described in 
171.10  paragraph (b), pays the required fees, and otherwise qualifies, 
171.11  the department shall issue, renew, or reissue to the applicant a 
171.12  driver's license or Minnesota identification card described in 
171.13  paragraph (b). 
171.14     (b) Pursuant to paragraph (a), the department shall issue a 
171.15  driver's license or Minnesota identification card bearing a 
171.16  designation or symbolic representation, as designed by the 
171.17  commissioner in consultation with the commissioner of natural 
171.18  resources, indicating graphic or written indication that the 
171.19  applicant has successfully completed a firearms safety 
171.20  course and is knowledgeable in firearms safety administered 
171.21  under section 97B.015. 
171.22     (c) The department shall maintain in its records 
171.23  information transmitted electronically from the commissioner of 
171.24  natural resources identifying each person to whom the 
171.25  commissioner has issued a firearms safety certificate.  The 
171.26  records transmitted from the department of natural resources 
171.27  must contain the full name and date of birth as required for the 
171.28  driver's license or identification card.  Records that are not 
171.29  matched to a driver's license or identification card record may 
171.30  be deleted after seven years. 
171.31     Sec. 169.  Minnesota Statutes 1998, section 223.17, 
171.32  subdivision 3, is amended to read: 
171.33     Subd. 3.  [GRAIN BUYERS AND STORAGE FUND ACCOUNT; FEES.] 
171.34  The commissioner shall set the fees for inspections under 
171.35  sections 223.15 to 223.22 at levels necessary to pay the 
171.36  expenses of administering and enforcing sections 223.15 to 
172.1   223.22.  These fees may be adjusted pursuant to the provisions 
172.2   of section 16A.1285.  
172.3      The fee for any license issued or renewed after June 30, 
172.4   1997, shall be set according to the following schedule: 
172.5      (a) $100 plus $50 for each additional location for grain 
172.6   buyers whose gross annual purchases are less than $100,000; 
172.7      (b) $200 plus $50 for each additional location for grain 
172.8   buyers whose gross annual purchases are at least $100,000, but 
172.9   not more than $750,000; 
172.10     (c) $300 plus $100 for each additional location for grain 
172.11  buyers whose gross annual purchases are more than $750,000 but 
172.12  not more than $1,500,000; 
172.13     (d) $400 plus $100 for each additional location for grain 
172.14  buyers whose gross annual purchases are more than $1,500,000 but 
172.15  not more than $3,000,000; and 
172.16     (e) $500 plus $100 for each additional location for grain 
172.17  buyers whose gross annual purchases are more than $3,000,000.  
172.18     There is created in the state treasury the grain buyers and 
172.19  storage account in the agricultural fund.  Money collected 
172.20  pursuant to sections 223.15 to 223.19 shall be paid into the 
172.21  state treasury and credited to the grain buyers and storage fund 
172.22  account and is appropriated to the commissioner for the 
172.23  administration and enforcement of sections 223.15 to 223.22. 
172.24     Sec. 170.  Minnesota Statutes 1998, section 231.16, is 
172.25  amended to read: 
172.26     231.16 [WAREHOUSE OPERATOR TO OBTAIN LICENSE.] 
172.27     Every person desiring to engage in the business of 
172.28  warehouse operator, before engaging therein, shall be licensed 
172.29  annually by, and shall be under the supervision and subject to 
172.30  the inspection of, the department.  Written application in the 
172.31  form prescribed by the department shall be made to the 
172.32  department for license, specifying the city in which it is 
172.33  proposed to carry on the business of warehousing, the location, 
172.34  size, character, and equipment of the buildings or premises to 
172.35  be used by the warehouse operator, the kind of goods, wares, and 
172.36  merchandise intended to be stored therein, the name of the 
173.1   person or corporation operating the same, and of each member of 
173.2   the firm or officer of the corporation, and any other facts 
173.3   necessary to satisfy the department that the property proposed 
173.4   to be used is suitable for warehouse purposes and that the 
173.5   warehouse operator making the application is qualified to carry 
173.6   on the business of warehousing.  Should the department decide 
173.7   that the building or other property proposed to be used as a 
173.8   warehouse is suitable for the proposed purpose and that the 
173.9   applicants are entitled to a license, notice of the decision 
173.10  shall be given the interested parties and, upon the applicants 
173.11  filing with the department the necessary bond, as provided for 
173.12  in this chapter, the department shall issue the license provided 
173.13  for, upon payment of the license fee, as in this section 
173.14  provided.  A warehouse operator to whom a license is issued 
173.15  shall pay for the license a fee based on the storage capacity of 
173.16  the warehouse as follows:  
173.17                  Storage capacity in square feet 
173.18              (1) 5,000 or less               $ 80 
173.19              (2) 5,001 to 10,000             $155 
173.20              (3) 10,001 to 20,000            $250 
173.21              (4) 20,001 to 100,000           $315 
173.22              (5) 100,001 to 200,000          $410 
173.23              (6) over 200,000                $470 
173.24     Fees collected under this chapter shall be paid into the 
173.25  grain buyers and storage fund account established in section 
173.26  232.22.  
173.27     The license shall be renewed annually on or before July 1, 
173.28  and always upon payment of the full license fee, as provided for 
173.29  in this section for such renewal; and no license shall be issued 
173.30  for any portion of a year for less than the full amount of the 
173.31  license fee, as provided for in this section.  Each license 
173.32  obtained under this chapter shall be publicly displayed in the 
173.33  main office of the place of business of the warehouse operator 
173.34  to whom it is issued.  The license shall authorize the warehouse 
173.35  operator to carry on the business of warehousing only in the one 
173.36  city or town named in the application and in the buildings 
174.1   therein described.  The department, without requiring an 
174.2   additional bond and license, may issue permits from time to time 
174.3   to any warehouse operator already duly licensed under the 
174.4   provisions of this chapter to operate an additional warehouse in 
174.5   the same city or town for which the original license was issued 
174.6   during the term thereof, upon the filing an application for a 
174.7   permit in the form prescribed by the department. 
174.8      License may be refused for good cause shown and revoked by 
174.9   the department for violation of law or of any rule by it 
174.10  prescribed, upon notice and after hearing. 
174.11     Sec. 171.  Minnesota Statutes 1998, section 232.22, 
174.12  subdivision 3, is amended to read: 
174.13     Subd. 3.  [FEES; GRAIN BUYERS AND STORAGE FUND ACCOUNT.] 
174.14  There is created in the state treasury agricultural fund an 
174.15  account known as the grain buyers and storage fund account.  The 
174.16  commissioner shall set the fees for inspections, certifications 
174.17  and licenses under sections 232.20 to 232.25 at levels necessary 
174.18  to pay the costs of administering and enforcing sections 232.20 
174.19  to 232.25.  All money collected pursuant to sections 232.20 to 
174.20  232.25 and chapters 233 and 236 shall be paid by the 
174.21  commissioner into the state treasury and credited to the grain 
174.22  buyers and storage fund account and is appropriated to the 
174.23  commissioner for the administration and enforcement of sections 
174.24  232.20 to 232.25 and chapters 233 and 236.  All money collected 
174.25  pursuant to chapter 231 shall be paid by the commissioner into 
174.26  the grain buyers and storage fund account and is appropriated to 
174.27  the commissioner for the administration and enforcement of 
174.28  chapter 231.  
174.29     Sec. 172.  Minnesota Statutes 1998, section 233.08, is 
174.30  amended to read: 
174.31     233.08 [LICENSE.] 
174.32     No public terminal warehouse may be operated or receive 
174.33  grain for storage until the owners or parties in charge and 
174.34  operating the warehouse obtain a license from the department 
174.35  authorizing the warehouse operator to operate a warehouse under 
174.36  this chapter.  Licenses issued or renewed annually expire at 
175.1   midnight on June 30 following the date of issuance or renewal.  
175.2   Before a license may be issued, written application must be made 
175.3   to the department for a license specifying the kind of 
175.4   warehouse, the nature of its construction, its capacity and 
175.5   location, the name of the firm or corporation operating it, each 
175.6   member of the firm or officer of the corporation, and other 
175.7   facts the department requires.  The department shall act on the 
175.8   application with reasonable dispatch.  If no reason exists for 
175.9   refusing the application, a license must be issued upon the 
175.10  payment of the fee set by the commissioner.  The amount of the 
175.11  fee must be set to cover the costs of administering and 
175.12  enforcing this chapter. 
175.13     A license may be revoked by the department for violation of 
175.14  the law or a rule of the department, but may only be revoked 
175.15  upon a written notice or complaint specifying the charges and 
175.16  after a hearing before the department.  A license may be refused 
175.17  to a warehouse operator whose license has been revoked within 
175.18  the preceding year.  
175.19     Fees collected under this chapter must be paid into the 
175.20  grain buyers and storage fund account established in section 
175.21  232.22. 
175.22     Sec. 173.  Minnesota Statutes 1998, section 236.02, 
175.23  subdivision 4, is amended to read: 
175.24     Subd. 4.  [FEES.] The license fee must be set by the 
175.25  commissioner in an amount sufficient to cover the costs of 
175.26  administering and enforcing this chapter.  Fees collected under 
175.27  this chapter must be paid into the grain buyers and storage fund 
175.28  account established in section 232.22. 
175.29     Sec. 174.  Minnesota Statutes 1998, section 239.791, 
175.30  subdivision 1, is amended to read: 
175.31     Subdivision 1.  [MINIMUM OXYGEN CONTENT REQUIRED.] Except 
175.32  as provided in subdivisions 10 to 12 14, a person responsible 
175.33  for the product shall comply with the following requirements: 
175.34     (a) After October 1, 1995, gasoline sold or offered for 
175.35  sale at any time in a carbon monoxide control area must contain 
175.36  at least 2.7 percent oxygen by weight. 
176.1      (b) After October 1, 1997, all gasoline sold or offered for 
176.2   sale in Minnesota must contain at least 2.7 percent oxygen by 
176.3   weight. 
176.4      Sec. 175.  Minnesota Statutes 1998, section 239.791, 
176.5   subdivision 12, is amended to read: 
176.6      Subd. 12.  [EXEMPTION FOR COLLECTOR VEHICLE AND OFF-ROAD 
176.7   USE.] (a) Except during a carbon monoxide control period in a 
176.8   carbon monoxide control area, A person responsible for the 
176.9   product may offer for sale, sell, or dispense at a retail 
176.10  gasoline station for use in collector vehicles or vehicles 
176.11  eligible to be licensed as collector vehicles, off-road 
176.12  vehicles, motorcycles, boats, snowmobiles, or small engines, 
176.13  gasoline that is not oxygenated in accordance with subdivision 1 
176.14  if the person meets the conditions in paragraphs (b) 
176.15  to (d) (e).  If the nonoxygenated gasoline is for use in a small 
176.16  engine, it must be dispensed into a can with a capacity of six 
176.17  or fewer gallons. 
176.18     (b) The nonoxygenated gasoline must be unleaded premium 
176.19  grade as defined in section 239.751, subdivision 4. 
176.20     (c) No more than one storage tank on the premises of the 
176.21  retail gasoline station may be used for storage of the 
176.22  nonoxygenated gasoline offered for sale, sold, or dispensed by 
176.23  the station. 
176.24     (d) The pump stands must be posted with a permanent notice 
176.25  stating:  "NONOXYGENATED GASOLINE.  FOR USE IN COLLECTOR 
176.26  VEHICLES OR VEHICLES ELIGIBLE TO BE LICENSED AS COLLECTOR 
176.27  VEHICLES, OFF-ROAD VEHICLES, MOTORCYCLES, BOATS, SNOWMOBILES, OR 
176.28  SMALL ENGINES ONLY." 
176.29     (e) For a retail gasoline station located in the county of 
176.30  Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, 
176.31  Washington, or Wright, a person responsible for the product must 
176.32  annually register with the director, on forms provided by the 
176.33  director, an intent to sell nonoxygenated gasoline during the 
176.34  period of October 1 through January 31.  Such person must 
176.35  register on or before August 1 of each year, and must report to 
176.36  the director before April 1 of the following year the total 
177.1   number of gallons of nonoxygenated premium grade gasoline sold 
177.2   during the period of October 1 through January 31.  Data 
177.3   submitted to the department under this paragraph shall be 
177.4   considered nonpublic data as defined in section 13.02, 
177.5   subdivision 13. 
177.6      Sec. 176.  Minnesota Statutes 1998, section 239.791, is 
177.7   amended by adding a subdivision to read: 
177.8      Subd. 13.  [EXEMPTION FOR CERTAIN RIPARIAN LANDOWNERS.] (a) 
177.9   A person responsible for the product may offer for sale, sell, 
177.10  and deliver directly to a bulk fuel storage tank gasoline that 
177.11  is not oxygenated in accordance with subdivision 1 if the 
177.12  conditions in paragraphs (b) to (e) are met. 
177.13     (b) The nonoxygenated gasoline must be unleaded premium 
177.14  grade as defined in section 239.751, subdivision 4. 
177.15     (c) The bulk fuel storage tank must be stationary or 
177.16  permanent. 
177.17     (d) The bulk fuel storage tank must be under the control of 
177.18  an owner of littoral or riparian property and located on that 
177.19  littoral or riparian property. 
177.20     (e) The nonoxygenated gasoline must be purchased for use in 
177.21  vehicles that would qualify for an exemption under subdivision 
177.22  12, paragraph (a). 
177.23     Sec. 177.  Minnesota Statutes 1998, section 239.791, is 
177.24  amended by adding a subdivision to read: 
177.25     Subd. 14.  [EXEMPTION FOR AIRCRAFT OPERATORS.] A person 
177.26  responsible for the product may offer for sale, sell, and 
177.27  deliver directly to a bulk fuel storage tank gasoline that is 
177.28  not oxygenated in accordance with subdivision 1 for use in 
177.29  aircraft if the nonoxygenated gasoline is unleaded premium grade 
177.30  as defined in section 239.751, subdivision 4. 
177.31     Sec. 178.  Minnesota Statutes 1998, section 290.431, is 
177.32  amended to read: 
177.33     290.431 [NONGAME WILDLIFE CHECKOFF.] 
177.34     Every individual who files an income tax return or property 
177.35  tax refund claim form may designate on their original return 
177.36  that $1 or more shall be added to the tax or deducted from the 
178.1   refund that would otherwise be payable by or to that individual 
178.2   and paid into an account to be established for the management of 
178.3   nongame wildlife.  The commissioner of revenue shall, on the 
178.4   income tax return and the property tax refund claim form, notify 
178.5   filers of their right to designate that a portion of their tax 
178.6   or refund shall be paid into the nongame wildlife management 
178.7   account.  The sum of the amounts so designated to be paid shall 
178.8   be credited to the nongame wildlife management account for use 
178.9   by the nongame program of the section of wildlife in the 
178.10  department of natural resources.  All interest earned on money 
178.11  accrued, gifts to the program, contributions to the program, and 
178.12  reimbursements of expenditures in the nongame wildlife 
178.13  management account shall be credited to the account by the state 
178.14  treasurer.  The commissioner of natural resources shall submit a 
178.15  work program for each fiscal year and semiannual progress 
178.16  reports to the legislative commission on Minnesota resources in 
178.17  the form determined by the commission.  None of the money 
178.18  provided in this section may be expended unless the commission 
178.19  has approved the work program.  
178.20     The state pledges and agrees with all contributors to the 
178.21  nongame wildlife management account to use the funds contributed 
178.22  solely for the management of nongame wildlife projects and 
178.23  further agrees that it will not impose additional conditions or 
178.24  restrictions that will limit or otherwise restrict the ability 
178.25  of the commissioner of natural resources to use the available 
178.26  funds for the most efficient and effective management of nongame 
178.27  wildlife. 
178.28     Sec. 179.  Minnesota Statutes 1998, section 290.432, is 
178.29  amended to read: 
178.30     290.432 [CORPORATE NONGAME WILDLIFE CHECKOFF.] 
178.31     A corporation that files an income tax return may designate 
178.32  on its original return that $1 or more shall be added to the tax 
178.33  or deducted from the refund that would otherwise be payable by 
178.34  or to that corporation and paid into the nongame wildlife 
178.35  management account established by section 290.431 for use by the 
178.36  section of wildlife in the department of natural resources for 
179.1   its nongame wildlife program.  The commissioner of revenue 
179.2   shall, on the corporate tax return, notify filers of their right 
179.3   to designate that a portion of their tax return be paid into the 
179.4   nongame wildlife management account for the protection of 
179.5   endangered natural resources.  All interest earned on money 
179.6   accrued, gifts to the program, contributions to the program, and 
179.7   reimbursements of expenditures in the nongame wildlife 
179.8   management account shall be credited to the account by the state 
179.9   treasurer.  The commissioner of natural resources shall submit a 
179.10  work program for each fiscal year to the legislative commission 
179.11  on Minnesota resources in the form determined by the 
179.12  commission.  None of the money provided in this section may be 
179.13  spent unless the commission has approved the work program. 
179.14     The state pledges and agrees with all corporate 
179.15  contributors to the nongame wildlife account to use the funds 
179.16  contributed solely for the nongame wildlife program and further 
179.17  agrees that it will not impose additional conditions or 
179.18  restrictions that will limit or otherwise restrict the ability 
179.19  of the commissioner of natural resources to use the available 
179.20  funds for the most efficient and effective management of those 
179.21  programs. 
179.22     Sec. 180.  Minnesota Statutes 1998, section 296A.18, 
179.23  subdivision 3, is amended to read: 
179.24     Subd. 3.  [SNOWMOBILE.] Approximately one percent in fiscal 
179.25  years 1998 and 1999, and three-fourths of one percent 
179.26  thereafter, of all gasoline received in and produced or brought 
179.27  into this state, except gasoline used for aviation purposes, is 
179.28  being used as fuel for the operation of snowmobiles in this 
179.29  state, and of the total revenue derived from the imposition of 
179.30  the gasoline fuel tax for uses other than for aviation purposes, 
179.31  one percent in fiscal years 1998 and 1999, and three-fourths of 
179.32  one percent thereafter, of such revenues is the amount of tax on 
179.33  fuel used in snowmobiles operated in this state. 
179.34     Sec. 181.  Minnesota Statutes 1998, section 297H.13, 
179.35  subdivision 5, is amended to read: 
179.36     Subd. 5.  [REPORT ON RECEIPTS.] The commissioner of revenue 
180.1   shall report to the chairs of the house and senate environment 
180.2   and natural resources committees; the house environment and 
180.3   natural resources finance division; the senate environment and 
180.4   agriculture budget division; the house tax committee and the 
180.5   senate taxes and tax laws committee; the commissioner of the 
180.6   pollution control agency; and the director of the office of 
180.7   environmental assistance on the total tax revenues received from 
180.8   the taxes imposed under this chapter.  The reports shall be made 
180.9   as follows: 
180.10     (1) a report by May 31, 1998, August 31 of each year based 
180.11  on amounts received by the commissioner of revenue from January 
180.12  1, 1998, through April 30, 1998 January 1 through June 30 of 
180.13  that year; and 
180.14     (2) a report by September 30, 1998, February 28 of each 
180.15  year based on amounts received by the commissioner of revenue 
180.16  from May 1, 1998, through August 31, 1998; and 
180.17     (3) a report by January 31, 1999, based on amounts received 
180.18  by the commissioner of revenue from September 1, 1998, through 
180.19  December 31, 1998 July 1 through December 31 of the preceding 
180.20  year. 
180.21     Sec. 182.  Minnesota Statutes 1998, section 325E.11, is 
180.22  amended to read: 
180.23     325E.11 [COLLECTION FACILITIES; NOTICE.] 
180.24     (a) Any person selling at retail or offering motor oil or 
180.25  motor oil filters for retail sale in this state shall: 
180.26     (1) post a notice indicating the nearest location where 
180.27  used motor oil and used motor oil filters may be returned at no 
180.28  cost for recycling or reuse, post a toll-free telephone number 
180.29  that may be called by the public to determine a convenient 
180.30  location, or post a listing of locations where used motor oil 
180.31  and used motor oil filters may be returned at no cost for 
180.32  recycling or reuse; or 
180.33     (2) if the person is subject to section 
180.34  325E.112, subdivision 1, paragraph (b), post a notice informing 
180.35  customers purchasing motor oil or motor oil filters of the 
180.36  location of the used motor oil and used motor oil filter 
181.1   collection site established by the retailer in accordance with 
181.2   section 325E.112, subdivision 1, paragraph (b), where used motor 
181.3   oil and used motor oil filters may be returned at no cost. 
181.4      (b) A notice under paragraph (a) shall be posted on or 
181.5   adjacent to the motor oil and motor oil filter displays, be at 
181.6   least 8-1/2 inches by 11 inches in size, contain the universal 
181.7   recycling symbol with the following language: 
181.8      (1) "It is illegal to put used oil and used motor oil 
181.9   filters in the garbage."; 
181.10     (2) "Recycle your used oil and used motor oil filters."; 
181.11  and 
181.12     (3)(i) "There is a free collection site here for your used 
181.13  oil and used motor oil filters."; 
181.14     (ii) "There is a free collection site for used oil and used 
181.15  motor oil filters located at (name of business and street 
181.16  address)."; 
181.17     (iii) "For the location of a free collection site for used 
181.18  oil and used motor oil filters call (toll-free phone number)."; 
181.19  or 
181.20     (iv) "Here is a list of free collection sites for used oil 
181.21  and used motor oil filters." 
181.22     (c) The division of weights and measures under the 
181.23  department of public service shall enforce compliance with this 
181.24  section as provided in section 239.54.  The pollution control 
181.25  agency shall enforce compliance with this section under sections 
181.26  115.071 and 116.072 in coordination with the division of weights 
181.27  and measures. 
181.28     Sec. 183.  Minnesota Statutes 1998, section 325E.112, 
181.29  subdivision 1, is amended to read: 
181.30     Subdivision 1.  [COLLECTION.] (a) Motor oil and motor oil 
181.31  filter manufacturers and retailers shall seek to provide by May 
181.32  31, 2001: 
181.33     (1) access to at least one nongovernmental site for 
181.34  collection of used motor oil and used motor oil filters from the 
181.35  public within a five-mile radius of any resident in the 
181.36  seven-county metropolitan area; and 
182.1      (2) access to at least one nongovernmental site for 
182.2   collection of used motor oil and used motor oil filters from the 
182.3   public within a city or town with a population of greater than 
182.4   1,500 outside the seven-county metropolitan area.  The 
182.5   commissioner of the pollution control agency shall determine by 
182.6   June 30, 2001, whether these goals have been met. 
182.7      (b) If the commissioner of the pollution control agency 
182.8   determines that motor oil and motor oil filter manufacturers and 
182.9   retailers have not met the goals in paragraph (a) by May 31, 
182.10  2001, then beginning July 1, 2001, all retailers that sell at an 
182.11  individual location more than 1,000 motor oil filters per 
182.12  calendar year at retail for off-site installation must provide 
182.13  for collection of used motor oil and used motor oil filters from 
182.14  the public. Retailers who do not collect the used motor oil and 
182.15  used motor oil filters at their individual locations may meet 
182.16  the requirement by entering into a written agreement with 
182.17  another party whose location is: 
182.18     (1) within two miles of the retailer's location if the 
182.19  retailer is located: 
182.20     (i) within the Interstate Highway 494/694 beltway; 
182.21     (ii) in a home rule charter or statutory city or a town 
182.22  contiguous to the Interstate Highway 494/694 beltway; or 
182.23     (iii) in a home rule charter or statutory city of over 
182.24  30,000 population within the metropolitan area as defined in 
182.25  section 473.121; or 
182.26     (2) within five miles of the retailer's location if the 
182.27  retailer is not in an area described in clause (1). 
182.28     (b) (c) The written agreement under paragraph (b) must 
182.29  specify that the other party will accept from the public up to 
182.30  ten gallons of used motor oil and ten used motor oil filters per 
182.31  person per month during normal hours of operation unless: 
182.32     (1) the used motor oil is known to be contaminated with 
182.33  antifreeze, other hazardous waste, or other materials which may 
182.34  increase the cost of used motor oil management and disposal; 
182.35     (2) the storage equipment for that particular waste is 
182.36  temporarily filled to capacity; or 
183.1      (3) the used motor oil or used motor oil filters are from a 
183.2   business. 
183.3      (c) (d) Persons accepting used motor oil from the public in 
183.4   accordance with this subdivision shall presume that the used 
183.5   motor oil is not contaminated with hazardous waste, provided the 
183.6   person offering the used motor oil is acting in good faith and 
183.7   the person accepting the used motor oil does not have evidence 
183.8   to the contrary.  Persons collecting used motor oil from the 
183.9   public must take precautions to prevent contamination of used 
183.10  motor oil storage equipment.  Precautions may include, but are 
183.11  not limited to, keeping a log of persons dropping off used motor 
183.12  oil, securing access to used motor oil storage equipment, or 
183.13  posting signage at the site indicating the proper use of the 
183.14  equipment. 
183.15     (d) (e) Persons accepting used motor oil and used motor oil 
183.16  filters under paragraph (a) (b), including persons accepting the 
183.17  oil and filters on behalf of the retailer, may not charge a fee 
183.18  when accepting ten gallons or less of used motor oil or ten or 
183.19  fewer used motor oil filters per person per month. 
183.20     (e) (f) Persons that receive contaminated used motor oil 
183.21  may manage the used motor oil as household hazardous waste 
183.22  through publicly administered household hazardous waste 
183.23  collection programs, with approval from the household hazardous 
183.24  waste program.  Used motor oil contaminated with hazardous waste 
183.25  from the public that cannot be managed through a household 
183.26  hazardous waste collection program must be managed as a 
183.27  hazardous waste in accordance with rules adopted by the 
183.28  pollution control agency. 
183.29     Sec. 184.  Minnesota Statutes 1998, section 325E.112, 
183.30  subdivision 3, is amended to read: 
183.31     Subd. 3.  [EDUCATION PROGRAM.] When the By June 30 of each 
183.32  year, the commissioner estimates that all shall estimate the 
183.33  amount of funds available under section 325E.113 that will not 
183.34  be expended for reimbursements, the commissioner may use the 
183.35  estimated unexpended funds and shall transfer all or a portion 
183.36  of the estimated unexpended funds to the office of environmental 
184.1   assistance to cover the costs of educating the public and 
184.2   businesses on the provisions of this section and on proper 
184.3   management of used motor oil, used motor oil filters, and other 
184.4   automotive wastes.  In coordination with the pollution control 
184.5   agency, county solid waste administrators, used motor oil and 
184.6   used motor oil filter collection site operators, and 
184.7   manufacturers and retailers of motor oil and motor oil filters, 
184.8   the director of the office of environmental assistance shall 
184.9   educate the public and businesses on the proper management of 
184.10  used motor oil, used motor oil filters, and other automotive 
184.11  wastes.  As part of the education efforts, the director shall 
184.12  make information available to the public and businesses 
184.13  regarding the proper management of used motor oil, used motor 
184.14  oil filters, and other automotive wastes on the office's World 
184.15  Wide Web page.  The commissioner of the pollution control agency 
184.16  shall also make information regarding the proper management of 
184.17  used motor oil, used motor oil filters, and other automotive 
184.18  wastes available on the agency's World Wide Web page. 
184.19     Sec. 185.  Minnesota Statutes 1998, section 325E.112, 
184.20  subdivision 4, is amended to read: 
184.21     Subd. 4.  [LIABILITY EXEMPTION.] Persons who accept used 
184.22  motor oil and used motor oil filters from the public and 
184.23  retailers and manufacturers who contract with such persons for 
184.24  purposes of subdivision 1 are exempt from liability under 
184.25  chapter 115B for the used motor oil, contaminated used motor 
184.26  oil, and used motor oil filters accepted under the provisions of 
184.27  subdivision 1 at facilities that accept used motor oil or used 
184.28  motor oil filters from the public free of charge, after the used 
184.29  motor oil, contaminated used motor oil, and used motor oil 
184.30  filters are sent off-site in compliance with rules adopted by 
184.31  the pollution control agency. 
184.32     Sec. 186.  Minnesota Statutes 1998, section 325E.113, is 
184.33  amended to read: 
184.34     325E.113 [CONTAMINATED USED MOTOR OIL REIMBURSEMENT 
184.35  ACCOUNT.] 
184.36     The contaminated used motor oil reimbursement account is 
185.1   established in the environmental fund.  Money in the account is 
185.2   appropriated to the commissioner of the pollution control agency 
185.3   for the commissioner's activities under section 325E.112 and to 
185.4   complete the study required by section 201, except that the 
185.5   commissioner may not expend more than $50,000 for the study 
185.6   required by section 201.  
185.7      Sec. 187.  Minnesota Statutes 1998, section 500.24, 
185.8   subdivision 2, is amended to read: 
185.9      Subd. 2.  [DEFINITIONS.] The definitions in this 
185.10  subdivision apply to this section. 
185.11     (a) "Farming" means the production of (1) agricultural 
185.12  products; (2) livestock or livestock products; (3) milk or milk 
185.13  products; or (4) fruit or other horticultural products.  It does 
185.14  not include the processing, refining, or packaging of said 
185.15  products, nor the provision of spraying or harvesting services 
185.16  by a processor or distributor of farm products.  It does not 
185.17  include the production of timber or forest products, the 
185.18  production of poultry or poultry products, or the feeding and 
185.19  caring for livestock that are delivered to a corporation for 
185.20  slaughter or processing for up to 20 days before slaughter or 
185.21  processing. 
185.22     (b) "Family farm" means an unincorporated farming unit 
185.23  owned by one or more persons residing on the farm or actively 
185.24  engaging in farming. 
185.25     (c) "Family farm corporation" means a corporation founded 
185.26  for the purpose of farming and the ownership of agricultural 
185.27  land in which the majority of the voting stock is held by and 
185.28  the majority of the stockholders are persons or the spouses of 
185.29  persons related to each other within the third degree of kindred 
185.30  according to the rules of the civil law, and at least one of 
185.31  said related persons is residing on or actively operating the 
185.32  farm, and none of whose stockholders are corporations; provided 
185.33  that a family farm corporation shall not cease to qualify as 
185.34  such hereunder by reason of any devise or bequest of shares of 
185.35  voting stock. 
185.36     (d) "Authorized farm corporation" means a corporation 
186.1   meeting the following standards: 
186.2      (1) it has no more than five shareholders; 
186.3      (2) all its shareholders, other than any estate, are 
186.4   natural persons; 
186.5      (3) it does not have more than one class of shares; 
186.6      (4) its revenue from rent, royalties, dividends, interest, 
186.7   and annuities does not exceed 20 percent of its gross receipts; 
186.8      (5) shareholders holding 51 percent or more of the interest 
186.9   in the corporation reside on the farm or are actively engaging 
186.10  in farming; 
186.11     (6) it does not, directly or indirectly, own or otherwise 
186.12  have an interest in any title to more than 1,500 acres of 
186.13  agricultural land; and 
186.14     (7) none of its shareholders are shareholders in other 
186.15  authorized farm corporations that directly or indirectly in 
186.16  combination with the corporation own more than 1,500 acres of 
186.17  agricultural land. 
186.18     (e) "Authorized livestock farm corporation" means a 
186.19  corporation formed for the production of livestock and meeting 
186.20  the following standards: 
186.21     (1) it is engaged in the production of livestock other than 
186.22  dairy cattle; 
186.23     (2) all its shareholders, other than any estate, are 
186.24  natural persons or family farm corporations; 
186.25     (3) it does not have more than one class of shares; 
186.26     (4) its revenue from rent, royalties, dividends, interest, 
186.27  and annuities does not exceed 20 percent of its gross receipts; 
186.28     (5) shareholders holding 75 percent or more of the control, 
186.29  financial, and capital investment in the corporation are farmers 
186.30  residing in Minnesota and at least 51 percent of the required 
186.31  percentage of farmers are actively engaged in livestock 
186.32  production; 
186.33     (6) it does not, directly or indirectly, own or otherwise 
186.34  have an interest in any title to more than 1,500 acres of 
186.35  agricultural land; and 
186.36     (7) none of its shareholders are shareholders in other 
187.1   authorized farm corporations that directly or indirectly in 
187.2   combination with the corporation own more than 1,500 acres of 
187.3   agricultural land. 
187.4      (f) "Agricultural land" means real estate used for farming 
187.5   or capable of being used for farming in this state. 
187.6      (g) "Pension or investment fund" means a pension or 
187.7   employee welfare benefit fund, however organized, a mutual fund, 
187.8   a life insurance company separate account, a common trust of a 
187.9   bank or other trustee established for the investment and 
187.10  reinvestment of money contributed to it, a real estate 
187.11  investment trust, or an investment company as defined in United 
187.12  States Code, title 15, section 80a-3.  
187.13     (h) "Farm homestead" means a house including adjoining 
187.14  buildings that has been used as part of a farming operation or 
187.15  is part of the agricultural land used for a farming operation. 
187.16     (i) "Family farm partnership" means a limited partnership 
187.17  formed for the purpose of farming and the ownership of 
187.18  agricultural land in which the majority of the interests in the 
187.19  partnership is held by and the majority of the partners are 
187.20  persons or the spouses of persons related to each other within 
187.21  the third degree of kindred according to the rules of the civil 
187.22  law, at least one of the related persons is residing on or 
187.23  actively operating the farm, and none of the partners are 
187.24  corporations.  A family farm partnership does not cease to 
187.25  qualify as a family farm partnership because of a devise or 
187.26  bequest of interest in the partnership.  
187.27     (j) "Authorized farm partnership" means a limited 
187.28  partnership meeting the following standards:  
187.29     (1) it has been issued a certificate from the secretary of 
187.30  state or is registered with the county recorder and farming and 
187.31  ownership of agricultural land is stated as a purpose or 
187.32  character of the business; 
187.33     (2) no more than five partners; 
187.34     (3) all its partners, other than any estate, are natural 
187.35  persons; 
187.36     (4) its revenue from rent, royalties, dividends, interest, 
188.1   and annuities do not exceed 20 percent of its gross receipts; 
188.2      (5) its general partners hold at least 51 percent of the 
188.3   interest in the land assets of the partnership and reside on the 
188.4   farm or are actively engaging in farming not more than 1,500 
188.5   acres as a general partner in an authorized limited partnership; 
188.6      (6) its limited partners do not participate in the business 
188.7   of the limited partnership including operating, managing, or 
188.8   directing management of farming operations; 
188.9      (7) it does not, directly or indirectly, own or otherwise 
188.10  have an interest in any title to more than 1,500 acres of 
188.11  agricultural land; and 
188.12     (8) none of its limited partners are limited partners in 
188.13  other authorized farm partnerships that directly or indirectly 
188.14  in combination with the partnership own more than 1,500 acres of 
188.15  agricultural land.  
188.16     (k) "Farmer" means a natural person who regularly 
188.17  participates in physical labor or operations management in the 
188.18  person's farming operation and files "Schedule F" as part of the 
188.19  person's annual Form 1040 filing with the United States Internal 
188.20  Revenue Service. 
188.21     (l) "Actively engaged in livestock production" means 
188.22  performing day-to-day physical labor or day-to-day operations 
188.23  management that significantly contributes to livestock 
188.24  production and the functioning of a livestock operation. 
188.25     (m) "Research or experimental farm" means a corporation, 
188.26  limited partnership, or pension or investment fund that owns or 
188.27  operates agricultural land for research or experimental 
188.28  purposes, provided that any commercial sales from the operation 
188.29  are incidental to the research or experimental objectives of the 
188.30  corporation.  A corporation, limited partnership, or pension or 
188.31  investment fund seeking initial approval by the commissioner to 
188.32  operate agricultural land for research or experimental purposes 
188.33  must first submit to the commissioner a prospectus or proposal 
188.34  of the intended method of operation containing information 
188.35  required by the commissioner including a copy of any operational 
188.36  contract with individual participants. 
189.1      (n) "Breeding stock farm" means a corporation or limited 
189.2   partnership that owns land for the purpose of raising breeding 
189.3   stock, including embryos, for resale to farmers or for the 
189.4   purpose of growing seed, wild rice, nursery plants, or sod.  An 
189.5   entity that is organized to raise livestock other than dairy 
189.6   cattle under this paragraph that does not qualify as an 
189.7   authorized farm corporation must:  
189.8      (1) sell all castrated animals to be fed out or finished to 
189.9   farming operations that are neither directly nor indirectly 
189.10  owned by the business entity operating the breeding stock 
189.11  operation; and 
189.12     (2) report its total production and sales annually to the 
189.13  commissioner.  
189.14     (o) "Aquatic farm" means a corporation or limited 
189.15  partnership that owns or leases agricultural land as a necessary 
189.16  part of an aquatic farm as defined in section 17.47, subdivision 
189.17  3.  
189.18     (p) "Religious farm" means a corporation formed primarily 
189.19  for religious purposes whose sole income is derived from 
189.20  agriculture.  
189.21     (q) "Utility corporation" means a corporation regulated 
189.22  under Minnesota Statutes 1974, chapter 216B, that owns 
189.23  agricultural land for purposes described in that chapter, or an 
189.24  electric generation or transmission cooperative that owns 
189.25  agricultural land for use in its business if the land is not 
189.26  used for farming except under lease to a family farm unit, a 
189.27  family farm corporation, or a family farm partnership.  
189.28     (r) "Benevolent trust" means a pension fund or family trust 
189.29  established by the owners of a family farm, authorized farm 
189.30  corporation, authorized livestock farm corporation, or family 
189.31  farm corporation that holds an interest in title to agricultural 
189.32  land on which one or more of those owners or shareholders have 
189.33  resided or have been actively engaged in farming as required by 
189.34  paragraph (b), (c), (d), or (e). 
189.35     (s) "Development organization" means a corporation, limited 
189.36  partnership, or pension or investment fund that owns 
190.1   agricultural land for which the corporation, limited 
190.2   partnership, or pension or investment fund has documented plans 
190.3   to use and subsequently uses the land within six years from the 
190.4   date of purchase for a specific nonfarming purpose, or if the 
190.5   land is zoned nonagricultural, or if the land is located within 
190.6   an incorporated area.  A corporation, limited partnership, or 
190.7   pension or investment fund may hold agricultural land in the 
190.8   amount necessary for its nonfarm business operation; provided, 
190.9   however, that pending the development of agricultural land for 
190.10  nonfarm purposes, the land may not be used for farming except 
190.11  under lease to a family farm unit, a family farm corporation, an 
190.12  authorized farm corporation, an authorized livestock farm 
190.13  corporation, a family farm partnership, or an authorized farm 
190.14  partnership, or except when controlled through ownership, 
190.15  options, leaseholds, or other agreements by a corporation that 
190.16  has entered into an agreement with the United States under the 
190.17  New Community Act of 1968 (Title IV of the Housing and Urban 
190.18  Development Act of 1968, United States Code, title 42, sections 
190.19  3901 to 3914) as amended, or a subsidiary or assign of such a 
190.20  corporation.  
190.21     (t) "Exempt land" means agricultural land owned or leased 
190.22  by a corporation as of May 20, 1973, agricultural land owned or 
190.23  leased by a pension or investment fund as of May 12, 1981, or 
190.24  agricultural land owned or leased by a limited partnership as of 
190.25  May 1, 1988, including the normal expansion of that ownership at 
190.26  a rate not to exceed 20 percent of the amount of land owned as 
190.27  of May 20, 1973, for a corporation; May 12, 1981, for a pension 
190.28  or investment fund; or May 1, 1988, for a limited partnership, 
190.29  measured in acres, in any five-year period, and including 
190.30  additional ownership reasonably necessary to meet the 
190.31  requirements of pollution control rules.  A corporation, limited 
190.32  partnership, or pension or investment fund that is eligible to 
190.33  own or lease agricultural land under this section prior to May 
190.34  1997 may continue to own or lease agricultural land subject to 
190.35  the same conditions and limitations as previously allowed.  
190.36     (u) "Gifted land" means agricultural land acquired as a 
191.1   gift, either by grant or devise, by an educational, religious, 
191.2   or charitable nonprofit corporation, limited partnership, or 
191.3   pension or investment fund if all land so acquired is disposed 
191.4   of within ten years after acquiring the title.  
191.5      (v) "Repossessed land" means agricultural land acquired by 
191.6   a corporation, limited partnership, or pension or investment 
191.7   fund by process of law in the collection of debts, or by any 
191.8   procedure for the enforcement of a lien or claim on the land, 
191.9   whether created by mortgage or otherwise if all land so acquired 
191.10  is disposed of within five years after acquiring the title.  The 
191.11  five-year limitation is a covenant running with the title to the 
191.12  land against any grantee, assignee, or successor of the pension 
191.13  or investment fund, corporation, or limited partnership.  The 
191.14  land so acquired must not be used for farming during the 
191.15  five-year period, except under a lease to a family farm unit, a 
191.16  family farm corporation, an authorized farm corporation, an 
191.17  authorized livestock farm corporation, a family farm 
191.18  partnership, or an authorized farm partnership.  Notwithstanding 
191.19  the five-year divestiture requirement under this paragraph, a 
191.20  financial institution may continue to own the agricultural land 
191.21  if the agricultural land is leased to the immediately preceding 
191.22  former owner, but must dispose of the agricultural land within 
191.23  ten years of acquiring the title.  Livestock acquired by a 
191.24  pension or investment fund, corporation, or limited partnership 
191.25  in the collection of debts, or by a procedure for the 
191.26  enforcement of lien or claim on the livestock whether created by 
191.27  security agreement or otherwise after August 1, 1994, must be 
191.28  sold or disposed of within one full production cycle for the 
191.29  type of livestock acquired or 18 months after the livestock is 
191.30  acquired, whichever is later.  
191.31     (w) "Commissioner" means the commissioner of agriculture.  
191.32     (x) "Demonstration corporation" means a nonprofit 
191.33  corporation organized under state nonprofit corporation law and 
191.34  formed primarily for the purpose of demonstrating historical 
191.35  farming practices. 
191.36     Sec. 188.  Minnesota Statutes 1998, section 500.24, 
192.1   subdivision 3, is amended to read: 
192.2      Subd. 3.  [FARMING AND OWNERSHIP OF AGRICULTURAL LAND BY 
192.3   CORPORATIONS RESTRICTED.] No corporation, limited liability 
192.4   company, pension or investment fund, or limited partnership 
192.5   shall engage in farming; nor shall any corporation, limited 
192.6   liability company, pension or investment fund, or limited 
192.7   partnership, directly or indirectly, own, acquire, or otherwise 
192.8   obtain any interest, in agricultural land other than a bona fide 
192.9   encumbrance taken for purposes of security.  This subdivision 
192.10  does not apply to general partnerships.  This subdivision does 
192.11  not apply to any agricultural land, corporation, limited 
192.12  partnership, or pension or investment fund that meet any of the 
192.13  definitions in subdivision 2, paragraphs (b) to (e), (i), (j), 
192.14  and (m) to (v), and (x), has a conservation plan prepared for 
192.15  the agricultural land, and reports as required under subdivision 
192.16  4. 
192.17     Sec. 189.  Minnesota Statutes 1998, section 574.263, is 
192.18  amended to read: 
192.19     574.263 [FORESTRY NATURAL RESOURCE DEVELOPMENT PROJECTS.] 
192.20     Subdivision 1.  [DEFINITION.] For the purposes of this 
192.21  section and section 574.264, "forestry natural resource 
192.22  development project" includes site preparation by discing, 
192.23  shearing, rock raking or piling, patch scarification, or 
192.24  furrowing; prairie restoration; creation of wildlife openings 
192.25  and other wildlife habitat improvements; landscape clearing; 
192.26  tree planting; tree seeding; tree pruning; timber stand 
192.27  improvement by thinning or clearing existing forest trees by 
192.28  manual, mechanical, or chemical techniques; or forest road and 
192.29  bridge construction, reconstruction, and maintenance of 
192.30  department of natural resources trails, public accesses, water 
192.31  control structures, fish barriers, sewage treatment systems, 
192.32  roads, and bridges. 
192.33     Subd. 2.  [CONTRACTOR'S BOND.] A contract with the state 
192.34  for a forestry natural resource development project may require 
192.35  a performance bond at the discretion of the commissioner of 
192.36  natural resources. If the commissioner determines that a 
193.1   performance bond is required, it shall not be less than five 
193.2   percent of the contract price. 
193.3      Subd. 3.  [BID DEPOSIT IN PLACE OF PERFORMANCE BOND.] For a 
193.4   contract made by the commissioner for a forestry natural 
193.5   resource development project, the commissioner may require a bid 
193.6   deposit in place of a performance bond for charges that may 
193.7   accrue because of doing the specified work and to enforce the 
193.8   terms of the contract.  The commissioner may set the amount of 
193.9   the bid deposit, but it may not be less than five percent of the 
193.10  contract price. 
193.11     Subd. 4.  [PAYMENT BOND.] A contract with the state for 
193.12  a forestry natural resource development project may require a 
193.13  payment bond at the discretion of the commissioner of natural 
193.14  resources.  If the commissioner determines that a payment bond 
193.15  is required, the commissioner also has the discretion to decide 
193.16  whether the bond may be in the form of securities in place of a 
193.17  bond as provided in section 574.264.  If so, the securities 
193.18  cannot have less value than five percent of the contract price. 
193.19     Sec. 190.  Minnesota Statutes 1998, section 574.264, 
193.20  subdivision 1, is amended to read: 
193.21     Subdivision 1.  [FOREST NATURAL RESOURCE DEVELOPMENT 
193.22  PROJECTS.] In place of a performance or payment bond or bid 
193.23  deposit for a state contract for a forestry natural resource 
193.24  development project less than $50,000, the person required to 
193.25  file the bond or bid deposit may deposit in a local designated 
193.26  state depository or with the state treasurer a certified check, 
193.27  a cashier's check, a postal, bank, or express money order, 
193.28  assignable bonds or notes of the United States, or an assignment 
193.29  of a bank savings account or investment certificate or an 
193.30  irrevocable bank letter of credit, in the same amount that would 
193.31  be required for the bond or bid deposit.  If securities listed 
193.32  in this section are deposited, their value shall not be less 
193.33  than the amount required for the bond or bid deposit and the 
193.34  person required to file the bond or bid deposit shall submit an 
193.35  agreement authorizing the commissioner to sell or otherwise take 
193.36  possession of the securities in the event of default under the 
194.1   contract or nonpayment of any persons furnishing labor and 
194.2   materials under, or to perform, the contract.  
194.3      Sec. 191.  Laws 1995, chapter 220, section 142, as amended 
194.4   by Laws 1995, chapter 263, section 12, and Laws 1996, chapter 
194.5   351, section 1, is amended to read:  
194.6      Sec. 142.  [EFFECTIVE DATES.] 
194.7      Sections 2, 5, 7, 20, 42, 44 to 49, 56, 57, 101, 102, 117, 
194.8   and 141, paragraph (d), are effective the day following final 
194.9   enactment. 
194.10     Sections 114, 115, 118, and 121 are effective January 1, 
194.11  1996. 
194.12     Sections 120, subdivisions 2, 3, 4, and 5, and 141, 
194.13  paragraph (c), are effective July 1, 1996. 
194.14     Section 141, paragraph (b), is effective June 30, 1999 2001.
194.15     Sections 58 and 66 are effective retroactively to August 1, 
194.16  1991.  
194.17     Section 119 is effective September 1, 1996. 
194.18     Section 120, subdivision 1, is effective July 1, 1999. 
194.19     Sec. 192.  Laws 1996, chapter 351, section 2, as amended by 
194.20  Laws 1997, chapter 216, section 141, is amended to read: 
194.21     Sec. 2.  [RECYCLING GOALS AND ACTIONS.] 
194.22     Subdivision 1.  (a) The following recycling or reuse goals 
194.23  shall be considered met if the actions in this subdivision are 
194.24  initiated by the identified parties on or before September 1, 
194.25  1997, and are fully completed by December 31, 1998.  
194.26  Additionally, the goals in paragraph (b) must be met in at least 
194.27  50 percent of counties by December 31, 1997; 75 percent by June 
194.28  1, 1998; and 100 percent by December 31, 1998. 
194.29     (b) Motor oil and motor oil filter manufacturers and 
194.30  retailers shall ensure that: 
194.31     (1) at least 90 percent of residents within the 
194.32  seven-county metropolitan area and residents of a city or town 
194.33  with a population greater than 1,500 have access to a free 
194.34  nongovernment collection site for used motor oil and used motor 
194.35  oil filters within five miles of their residences; and 
194.36     (2) at least one free nongovernment collection site for 
195.1   used motor oil and used motor oil filters generated by the 
195.2   public would be located in each county. 
195.3      (c) Motor oil and motor oil filter manufacturers and 
195.4   retailers shall inform the public about environmental problems 
195.5   associated with improper disposal of used motor oil and used 
195.6   motor oil filters and proper disposal practices for used motor 
195.7   oil and used motor oil filters.  At a minimum, this shall 
195.8   include public service announcements designed to reach residents 
195.9   of the state that generate used motor oil and used motor oil 
195.10  filters. 
195.11     (d) (b) The commissioner of the pollution control agency 
195.12  director of the office of environmental assistance shall, by 
195.13  December 31, 1997, and at least annually thereafter or more 
195.14  frequently if deemed necessary, request motor oil and motor oil 
195.15  filter manufacturers and retailers, persons who haul used motor 
195.16  oil and used motor oil filters, and nongovernment persons who 
195.17  accept used motor oil and used motor oil filters from the public 
195.18  to provide an updated list of all existing sites that collect 
195.19  used motor oil, used motor oil filters, or both, from the 
195.20  public, delineating for public promotion which sites collect for 
195.21  free.  The commissioner shall use this information to determine 
195.22  whether the parties identified in paragraph (b) have met the 
195.23  goals listed in that paragraph.  A collection site operated by 
195.24  the state or a political subdivision, as defined in Minnesota 
195.25  Statutes, section 115A.03, subdivision 24, may be counted 
195.26  towards meeting recycling goals, provided that the parties 
195.27  responsible for meeting the goals of this subdivision 
195.28  voluntarily reimburse the state or political subdivision for all 
195.29  of the costs at that collection site that are associated with 
195.30  used motor oil and used motor oil filter recycling.  Persons who 
195.31  accept used motor oil and used motor oil filters from the public 
195.32  shall cooperate with manufacturers and retailers of motor oil 
195.33  and motor oil filters to inform the agency office of 
195.34  environmental assistance within ten 30 days of initiating or 
195.35  ceasing to collect used motor oil or used motor oil filters from 
195.36  the public.  The information shall be provided in a form and 
196.1   manner prescribed by the commissioner director of the office of 
196.2   environmental assistance.  Using the information provided under 
196.3   this paragraph, the director of the office of environmental 
196.4   assistance shall prepare and make available to the public a list 
196.5   of all existing sites that collect used motor oil, used motor 
196.6   oil filters, or both from the public.  The list must include all 
196.7   sites in the state, including both government and nongovernment 
196.8   collection sites and both sites that accept used motor oil or 
196.9   used motor oil filters free of charge or for a fee.  The 
196.10  director shall update the list at least annually. 
196.11     (e) (c) Motor oil filter manufacturers shall disclose to 
196.12  retailers whether lead has been intentionally introduced in 
196.13  manufacturing, and retailers shall not knowingly sell motor oil 
196.14  filters containing lead intentionally introduced in 
196.15  manufacturing. 
196.16     Subd. 2.  The commissioner of the pollution control agency 
196.17  may appoint an advisory group of diverse interests to assist the 
196.18  agency with experimentation with various approaches to public 
196.19  education, financial incentives, waste management, and other 
196.20  issues that might affect the effectiveness of recycling 
196.21  efforts.  The commissioner may request parties responsible for 
196.22  meeting the recycling goals in subdivision 1 to voluntarily pay 
196.23  for some of the experimentation costs.  The existence of this 
196.24  advisory group in no way relieves the parties identified in 
196.25  subdivision 1 of responsibility for meeting the goals listed in 
196.26  that subdivision.  The commissioner of the pollution control 
196.27  agency shall appoint an advisory group chair. 
196.28     Subd. 3.  By January 15, 1999, the commissioner of the 
196.29  pollution control agency shall report to the environment and 
196.30  natural resources committees of the senate and the house of 
196.31  representatives on the amount of used motor oil and used motor 
196.32  oil filters being recycled and whether the goals in subdivision 
196.33  1 have been met and recommend whether the mandate for retailers 
196.34  of motor oil and filters described in Minnesota Statutes, 
196.35  section 325E.112, subdivision 1, is needed to achieve the 
196.36  recycling goals. 
197.1      Sec. 193.  Laws 1998, chapter 401, section 53, is amended 
197.2   to read: 
197.3      Sec. 53.  [FEEDLOT RULES.] 
197.4      By March December 1, 1999, the commissioner of the 
197.5   pollution control agency must submit a copy of updated feedlot 
197.6   permit rules as prescribed in Minnesota Statutes, section 
197.7   116.07, subdivision 7, paragraph (i).  The updated rules must 
197.8   become effective no later sooner than June 1, 1999 April 1, 
197.9   2000. 
197.10     Sec. 194.  Laws 1998, chapter 404, section 7, subdivision 
197.11  23, is amended to read: 
197.12  Subd. 23.  Metro Regional Trails                      5,000,000 
197.13  For grants to the metropolitan council 
197.14  for acquisition and development of a 
197.15  capital nature of trail connections in 
197.16  the metropolitan area as specified in 
197.17  this subdivision.  The purpose of the 
197.18  grants is to improve trails in the 
197.19  metropolitan park and open space system 
197.20  and connect them with existing state 
197.21  and regional trails.  Priority shall be 
197.22  given to matching funds for an ISTEA 
197.23  grant. 
197.24  The funds shall be allocated by the 
197.25  council as follows: 
197.26  (1) $1,050,000 is allocated to Ramsey 
197.27  county as follows: 
197.28  (i) $400,000 to complete six miles of 
197.29  trails between the Burlington Northern 
197.30  Regional Trail and Bald Eagle-Otter 
197.31  Lake Regional Park; 
197.32  (ii) $150,000 to complete a one-mile 
197.33  connection between Birch Lake and the 
197.34  Lake Tamarack segment of Bald 
197.35  Eagle-Otter Lake Regional Park; 
197.36  (iii) $500,000 to acquire real property 
197.37  and design and construct or renovate 
197.38  recreation facilities along the 
197.39  Mississippi River in cooperation with 
197.40  the city of St. Paul; 
197.41  (2) $1,050,000 is allocated to the city 
197.42  of St. Paul as follows: 
197.43  (i) $250,000 to construct a bridge over 
197.44  Lexington Parkway in Como Regional 
197.45  Park; and 
197.46  (ii) $800,000 to enhance amenities for 
197.47  the trailhead at the Lilydale-Harriet 
197.48  Island Regional Park pavilion; 
197.49  (3) $1,400,000 is allocated to Anoka 
197.50  county as follows to construct: 
198.1   (i) $1,100,000 to construct a 
198.2   pedestrian tunnel under Highway 65 on 
198.3   the Rice Creek West Regional Trail in 
198.4   the city of Fridley; and 
198.5   (ii) $300,000 to construct a pedestrian 
198.6   bridge on the Mississippi River 
198.7   Regional Trail crossing over 
198.8   Mississippi Street in the city of 
198.9   Fridley; and 
198.10  (4) $1,500,000 is allocated to the 
198.11  suburban Hennepin regional park 
198.12  district as follows: 
198.13  (i) $1,000,000 to connect North 
198.14  Hennepin Regional Trail to Luce Line 
198.15  State Trail and Medicine Lake; and 
198.16  (ii) $500,000 is for the cost of 
198.17  development and acquisition of the 
198.18  Southwest regional trail in the city of 
198.19  St. Louis Park.  The trail must connect 
198.20  the Minneapolis regional trail system 
198.21  at Cedar Lake park to the Hennepin 
198.22  parks regional trail system at the 
198.23  Hopkins trail head. 
198.24     Sec. 195.  Laws 1998, chapter 404, section 7, subdivision 
198.25  26, is amended to read: 
198.26  Subd. 26.  Local Initiative Grants                    8,000,000 
198.27  For matching grants to be provided to 
198.28  local units of government for 
198.29  acquisition, development, or renovation 
198.30  of a capital nature of local parks, 
198.31  trails, and natural and scenic areas.  
198.32  Recipients must provide a match of at 
198.33  least one-half of total eligible 
198.34  project costs.  The commissioner shall 
198.35  make payment to local units of 
198.36  government upon receiving documentation 
198.37  of reimbursable expenditures.  The 
198.38  commissioner shall determine project 
198.39  priorities as appropriate based upon 
198.40  need. 
198.41  $3,500,000 of this appropriation is for 
198.42  grants to units of government to 
198.43  acquire and develop outdoor recreation 
198.44  areas, and for grants to units of 
198.45  government to acquire and better 
198.46  natural and scenic areas under 
198.47  Minnesota Statutes, section 85.019, 
198.48  subdivision 4a.  
198.49  $1,000,000 of this appropriation is for 
198.50  cooperative trail grants of up to 
198.51  $50,000 per project to acquire or 
198.52  construct trail linkages between 
198.53  communities, trails, and parks. 
198.54  $3,500,000 of this appropriation is for 
198.55  trail grants for the following locally 
198.56  funded publicly owned trails serving 
198.57  multiple communities:  $1,400,000 for 
198.58  Beaver Island Trail in Stearns County, 
198.59  $1,400,000 for Skunk Hollow Trail in 
198.60  Yellow Medicine and Chippewa Counties, 
199.1   and $700,000 for Unity Trail in 
199.2   Faribault County.  The grant for Beaver 
199.3   Island Trail in Stearns County is 
199.4   available in the manner and the order 
199.5   that follows:  $500,000 is available 
199.6   upon commitment of an equal amount from 
199.7   nonstate sources, $152,000 is available 
199.8   upon contribution of an equal amount 
199.9   from local governments, $374,000 is 
199.10  available upon commitment of an equal 
199.11  amount from nonstate sources, and the 
199.12  balance of $374,000 is available upon 
199.13  commitment of an equal amount from 
199.14  nonstate sources. 
199.15     Sec. 196.  Laws 1999, chapter 161, section 44, is amended 
199.16  to read: 
199.17     Sec. 44.  [PRIVATE SALE OF TAX-FORFEITED AND SURPLUS STATE 
199.18  LAND BORDERING PUBLIC WATER; ST. LOUIS COUNTY.] 
199.19     (a) Notwithstanding Minnesota Statutes, sections 92.45 and 
199.20  282.018, subdivision 1, and the public sale provisions of 
199.21  Minnesota Statutes, chapter 282, St. Louis county may sell by 
199.22  private sale the tax-forfeited land that is described in 
199.23  paragraph (c), clauses (1) to (11), under the remaining 
199.24  provisions of Minnesota Statutes, chapter 282.  Notwithstanding 
199.25  Minnesota Statutes, sections 92.45, 94.09, and 94.10, the 
199.26  commissioner of natural resources may sell by private sale the 
199.27  surplus land bordering public water that is described in 
199.28  paragraph (c), clause (12). 
199.29     (b) The land described in paragraph (c) may be sold by 
199.30  private sale to the Iron Range Resource and Rehabilitation Board 
199.31  for economic development.  The conveyance must be in a form 
199.32  approved by the attorney general.  The attorney general may make 
199.33  necessary changes to the legal descriptions to correct errors 
199.34  and ensure accuracy.  The consideration for the conveyance must 
199.35  be equal to the fair market value of the land plus the cost of 
199.36  appraisal.  The conveyance shall not include stockpiled 
199.37  iron-bearing material held under control of the commissioner of 
199.38  natural resources.  The commissioner may sell the stockpiled 
199.39  iron-bearing material located on these lands according to 
199.40  Minnesota Statutes, section 93.41. 
199.41     (c) The lands to be conveyed are located in St. Louis 
199.42  county and are described as:  
200.1      (1) the Northwest Quarter of the Northwest Quarter 
200.2   Government Lot 3, Section 5, Township 58 North, Range 15 West; 
200.3      (2) the Northeast Quarter of the Northwest Quarter 
200.4   Government Lot 4, Section 5, Township 58 North, Range 15 West; 
200.5      (3) the Southwest Quarter of the Northwest Quarter 
200.6   Government Lot 5, Section 5, Township 58 North, Range 15 West; 
200.7      (4) the Northwest Quarter of the Southwest Quarter 
200.8   Government Lot 6, Section 5, Township 58 North, Range 15 West; 
200.9      (5) the Southeast Quarter of the Northeast Quarter 
200.10  Government Lot 9, Section 6, Township 58 North, Range 15 West; 
200.11     (6) the Northwest Quarter of the Southeast Quarter 
200.12  Government Lot 10, Section 6, Township 58 North, Range 15 West; 
200.13     (7) the Northeast Quarter of the Southeast Quarter 
200.14  Government Lot 11, Section 6, Township 58 North, Range 15 West; 
200.15     (8) the Southwest Quarter of the Southeast Quarter 
200.16  Government Lot 12, Section 6, Township 58 North, Range 15 West; 
200.17     (9) the Southeast Quarter of the Southeast Quarter, Section 
200.18  6, Township 58 North, Range 15 West; 
200.19     (10) the Northeast Quarter of the Southeast Quarter 
200.20  Government Lot 6, Section 31, Township 59 North, Range 15 West; 
200.21     (11) the Southeast Quarter of the Southeast Quarter, 
200.22  Section 31, Township 59 North, Range 15 West; 
200.23     (12) (10) the Northwest Quarter of the Southwest Quarter 
200.24  Government Lot 4, Section 32, Township 59 North, Range 15 West; 
200.25     (13) (11) the Northeast Quarter of the Southwest Quarter 
200.26  Government Lot 5, Section 32, Township 59 North, Range 15 
200.27  West; and 
200.28     (14) the Southwest Quarter of the Southwest Quarter, 
200.29  Section 32, Township 59 North, Range 15 West; and 
200.30     (15) (12) the Southeast Quarter of the Southwest Quarter, 
200.31  the surface of the beds of Wine (Wynne) and Syracuse lakes, 
200.32  below the natural ordinary high water mark thereof, as 
200.33  originally surveyed in Sections 5 and 6 of Township 58 North, 
200.34  Range 15 West, and the Southwest Quarter of Section 32, Township 
200.35  59 North, Range 15 West. 
200.36     (d) The county has determined that the county's land 
201.1   management interests would best be served if the tax-forfeited 
201.2   lands were returned to private ownership.  The commissioner has 
201.3   determined that the surplus land is no longer needed for any 
201.4   state purpose and that the state's land management interests 
201.5   would best be served if the land was returned to private 
201.6   ownership. 
201.7      Sec. 197.  [PRIVATE CONVEYANCE OF STATE LAND; ROCK COUNTY.] 
201.8      (a) Notwithstanding Minnesota Statutes, sections 94.09 to 
201.9   94.16, the commissioner of natural resources may sell the 
201.10  state-owned land described in paragraph (c) by private sale to 
201.11  the adjacent landowner east of the township road. 
201.12     (b) The consideration for the sale shall be the land's 
201.13  appraised value as certified by the state and the conveyance 
201.14  shall be in a form approved by the attorney general. 
201.15     (c) The land to be sold is located in Rock county, consists 
201.16  of 0.6 acres, more or less, and is described as: 
201.17     That part of the Northwest Quarter of Section 13, Township 
201.18     103 North, Range 45 West, described as follows: 
201.19     Commencing at the West Quarter corner of Section 13; thence 
201.20     North 00 degrees 17 minutes 27 seconds West (assumed 
201.21     bearing) along the west line of the Northwest Quarter of 
201.22     said section a distance of 128.17 feet to the point of 
201.23     beginning; thence continuing North 00 degrees 17 minutes 27 
201.24     seconds West along said west line a distance of 11.84 feet 
201.25     to a point 140.00 feet north of the south line of the 
201.26     Northwest Quarter of said section and the northwest corner 
201.27     of that certain tract of land conveyed to the state of 
201.28     Minnesota by final certificate, filed for record in the 
201.29     office of the Rock county recorder on May 19, 1938, in Book 
201.30     "M" of Miscl., pages 515-517; thence South 89 degrees 28 
201.31     minutes 55 seconds East parallel with the south line of the 
201.32     Northwest Quarter of said section and along the north line 
201.33     of said tract a distance of 1474.45 feet to the northeast 
201.34     corner of said tract; thence South 00 degrees 17 minutes 27 
201.35     seconds East parallel with the west line of said section 
201.36     and along the east line of said tract a distance of 25.29 
202.1      feet to an iron stake with DNR caps; thence North 88 
202.2      degrees 57 minutes 33 seconds West along an existing fence 
202.3      line a distance of 1092.38 feet to Point A and an iron 
202.4      stake; thence continuing North 88 degrees 57 minutes 33 
202.5      seconds West along said fence line extended a distance of 
202.6      382.32 feet to said point of beginning. 
202.7   Said tract is subject to a roadway easement and any other 
202.8   easements of record if any. 
202.9      (d) The deed from the commissioner shall include the 
202.10  following restrictive covenant:  that part of the above 
202.11  described tract of land lying easterly of and within 60 feet of 
202.12  Point A shall be maintained in tall grass cover with no use for 
202.13  livestock purposes.  A breach of such restrictive covenant shall 
202.14  result in the automatic reversion of the restricted land to the 
202.15  state. 
202.16     Sec. 198.  [STUDY COMMITTEE REGARDING NEED FOR CENTRAL 
202.17  COLLECTION WASTEWATER TREATMENT SYSTEM.] 
202.18     The commissioner of the Minnesota pollution control agency 
202.19  shall convene a committee of interested persons to address the 
202.20  need for central collection wastewater treatment systems in 
202.21  unsewered areas.  The committee shall evaluate the effectiveness 
202.22  of alternative system designs and identify regulatory and other 
202.23  barriers to cost-efficient design and construction.  By January 
202.24  15, 2000, the commissioner shall report the results of the 
202.25  committee's evaluation to the house and senate committees with 
202.26  jurisdiction over environmental policy and budget issues.  
202.27     Sec. 199.  [AERIAL APPLICATOR LIABILITY STUDY.] 
202.28     The commissioner of agriculture shall conduct a study 
202.29  concerning the issues of liability and regulations of aerial 
202.30  applicators and municipal airports when aerial applicators use 
202.31  municipal airports.  In conducting the study the commissioner 
202.32  must consult with representatives of aerial applicators, 
202.33  municipal airports, the Minnesota department of transportation, 
202.34  and other affected parties.  Not later than January 15, 2000, 
202.35  the commissioner shall report the findings and recommendations 
202.36  of the study to the committees of the senate and house of 
203.1   representatives having jurisdiction over agricultural policy 
203.2   issues. 
203.3      Sec. 200.  [COMMISSIONER'S ORDERS RESCINDED.] 
203.4      The commissioner of natural resources' order of January 3, 
203.5   1999, designating certain lands as wildlife management areas is 
203.6   rescinded. 
203.7      Sec. 201.  [ANALYSIS OF USED OIL FILTER DISPOSAL METHODS.] 
203.8      In consultation with the office of environmental 
203.9   assistance, representatives of motor oil manufacturers, 
203.10  representatives of motor oil filter manufacturers, 
203.11  representatives of sites that accept used motor oil and used 
203.12  motor oil filters from the public, and representatives of the 
203.13  haulers of mixed municipal solid waste, the commissioner of the 
203.14  pollution control agency shall analyze the technical feasibility 
203.15  of alternative methods of disposing of and recycling of used oil 
203.16  motor filters.  The commissioner shall report to the chairs of 
203.17  the house and senate committees with jurisdiction over 
203.18  environmental policy and finance issues by January 15, 2001 on 
203.19  the findings of the analysis performed under this section and 
203.20  any recommendations. 
203.21     Sec. 202.  [LOWER PHALEN CREEK PROJECTS; DEVELOPMENT OF 
203.22  ATHLETIC FIELDS PROHIBITED.] 
203.23     A person may not construct or develop athletic fields in 
203.24  the city of St. Paul on land within the Lower Phalen watershed 
203.25  area south of Kellogg Avenue that has been approved by the 
203.26  commissioner of natural resources for inclusion within the metro 
203.27  greenways program, as funded by Laws 1998, chapter 404, section 
203.28  7, subdivision 19. 
203.29     Sec. 203.  [FARMSTEAD WINDBREAK RULES.] 
203.30     The board of water and soil resources must add farmstead 
203.31  windbreaks as a practice eligible for cost-sharing to the rules 
203.32  adopted under Minnesota Statutes, section 103C.501.  Minnesota 
203.33  Statutes, section 14.389, applies to this section. 
203.34     Sec. 204.  [RULES FOR PUBLIC USE OF RECREATIONAL AREAS.] 
203.35     (a) The commissioner of natural resources shall amend the 
203.36  proposed permanent rules relating to public use of recreational 
204.1   areas, published in the State Register, volume 23, pages 751 to 
204.2   763, October 5, 1998, according to this section and pursuant to 
204.3   Minnesota Statutes, section 14.388.  
204.4      (b) The proposed permanent rules may not be more 
204.5   restrictive than the following provisions: 
204.6      (1) "forest trail" means a trail that is either 
204.7   constructed, maintained, or located on forest lands administered 
204.8   by the commissioner for recreational activities on forest lands. 
204.9   Forest trail does not include state recreational trails as 
204.10  defined in Minnesota Statutes, section 85.015; 
204.11     (2) no person may cut live merchantable trees on forest 
204.12  lands for constructing an elevated scaffold, except that shrubs, 
204.13  the lateral branches of trees, and saplings measuring smaller 
204.14  than four inches in diameter at 4-1/2 feet off the ground may be 
204.15  removed; 
204.16     (3) motor vehicles may operate on forest lands classified 
204.17  as managed on forest roads and forest trails that are not posted 
204.18  and designated as closed, subject to the limitations and 
204.19  exceptions in proposed Minnesota Rules, part 6100.1950; 
204.20     (4) a public meeting shall be held in the county where the 
204.21  largest portion of the forest lands are located to provide 
204.22  information to and receive comment from the public regarding the 
204.23  proposed classification change; 
204.24     (5) no person shall operate a motor vehicle on forest lands 
204.25  on or over the beds of lakes, rivers, or streams when ice is not 
204.26  covering the water body, except on a bridge, culvert, or similar 
204.27  structure or designated low water crossing; and 
204.28     (6) motor vehicles may operate on forest lands classified 
204.29  as limited on forest roads that are not posted and designated 
204.30  closed and on forest trails or areas that are posted and 
204.31  designated to allow motor vehicle use, subject to the 
204.32  limitations and exceptions in proposed Minnesota Rules, part 
204.33  6100.1950. 
204.34     (c) The commissioner shall remove the following provisions 
204.35  of the rules, as proposed: 
204.36     (1) no person shall operate a motor vehicle on forest lands 
205.1   off a forest road or trail, except: 
205.2      (i) on forest lands classified as managed or limited during 
205.3   the seasons open for taking big game, licensed hunters may use 
205.4   all terrain vehicles off forest trails to retrieve big game 
205.5   animals by taking the most direct route between the carcass and 
205.6   the trail; and 
205.7      (ii) inside the boundaries of a posted and designated 
205.8   scramble area; 
205.9      (2) no person shall create an unauthorized trail on forest 
205.10  lands; and 
205.11     (3) a person may not operate or be in control of a motor 
205.12  vehicle or snowmobile on forest lands while under the influence 
205.13  of alcohol or a controlled or hazardous substance.  Arrest and 
205.14  testing procedures are according to Minnesota Statutes, section 
205.15  84.91 to 84.911. 
205.16     Sec. 205.  [AGRICULTURAL PRODUCER CONTRACTS; COMMISSIONER 
205.17  TO STUDY; REPORT.] 
205.18     (a) The commissioner of agriculture, in consultation with 
205.19  legislators, farm organizations, affected commodity groups, 
205.20  producers of agriculture crops and livestock, and agricultural 
205.21  processors, shall conduct a study of current and projected 
205.22  impacts of increasing amounts of livestock, poultry, and 
205.23  specialty crops produced under contract with processors, and the 
205.24  effect of contract production on access to competitive markets 
205.25  for producers who choose not to produce under contract. 
205.26     (b) Not later than February 15, 2000, the commissioner 
205.27  shall report findings of the study, including, if any, 
205.28  recommendations for law or rule changes, to the committees of 
205.29  the senate and house of representatives having jurisdiction over 
205.30  agriculture policy issues. 
205.31     Sec. 206.  [REVISOR INSTRUCTION.] 
205.32     The revisor of statutes shall renumber Minnesota Statutes, 
205.33  section 156.072, subdivision 4, as section 156.073. 
205.34     Sec. 207.  [REPEALER.] 
205.35     Minnesota Statutes 1998, sections 31A.28; 42.01; 42.02; 
205.36  42.03; 42.04; 42.05; 42.06; 42.07; 42.08; 42.09; 42.10; 42.11; 
206.1   42.12; 42.13; 42.14; and 473.845, subdivision 2, are repealed. 
206.2      Minnesota Statutes 1998, sections 35.245; 35.96, 
206.3   subdivision 4; 86B.415, subdivision 7a; and 446A.21, are 
206.4   repealed effective the day following final enactment. 
206.5      Sec. 208.  [EFFECTIVE DATE.] 
206.6      Sections 19, 29, 69 to 81, 83, 114 to 122, 124, 131, 174, 
206.7   176, 177, 181, 191, 194 to 196, 200, 203, and 204 are effective 
206.8   on the day following final enactment.  Section 112 is effective 
206.9   January 1, 2000. 
206.10     Section 175 is effective the day after a notice is 
206.11  published in the Federal Register by the United States 
206.12  Environmental Protection Agency redesignating the Twin Cities 
206.13  nonattainment area for carbon monoxide to attainment for carbon 
206.14  monoxide.