1.1                          A bill for an act 
  1.2             relating to state government; appropriating money for 
  1.3             environmental and natural resources purposes; 
  1.4             establishing and modifying certain programs; 
  1.5             reorganizing environmental agencies; providing for 
  1.6             regulation of certain activities and practices; 
  1.7             providing for accounts, assessments, and fees; 
  1.8             creating the Clean Water Legacy Act; amending 
  1.9             Minnesota Statutes 2004, sections 15.01; 16A.125, 
  1.10            subdivision 5; 84.027, subdivisions 12, 15, by adding 
  1.11            a subdivision; 84.0274, by adding subdivisions; 
  1.12            84.0911, subdivision 2; 84.631; 84.775, subdivision 1; 
  1.13            84.788, subdivision 3, by adding a subdivision; 
  1.14            84.789, by adding a subdivision; 84.791, subdivisions 
  1.15            1, 2; 84.798, subdivision 1, by adding a subdivision; 
  1.16            84.804, subdivision 3; 84.82, subdivision 2, by adding 
  1.17            a subdivision; 84.8205, subdivisions 1, 3, 4, 6; 
  1.18            84.83, subdivision 3, by adding a subdivision; 84.86, 
  1.19            subdivision 1; 84.91, subdivision 1; 84.922, 
  1.20            subdivision 2, by adding a subdivision; 84.925, 
  1.21            subdivision 1, by adding a subdivision; 84.9256, 
  1.22            subdivision 1; 84.9257; 84.926; 84.928, subdivision 2; 
  1.23            84D.03, subdivision 4; 85.053, subdivisions 1, 2; 
  1.24            85.055, subdivision 2, by adding a subdivision; 85.42; 
  1.25            85.43; 86B.415, subdivisions 1, 2, 3, 4, 5, 6, by 
  1.26            adding a subdivision; 88.17, subdivision 1, by adding 
  1.27            subdivisions; 88.6435, subdivision 4; 89.039, 
  1.28            subdivision 1; 89.19, subdivision 2; 89.37, by adding 
  1.29            a subdivision; 92.03, subdivision 4; 93.22, 
  1.30            subdivision 1; 94.342, subdivisions 1, 3, 4, 5; 
  1.31            94.343, subdivisions 1, 3, 7, 8, 10, by adding 
  1.32            subdivisions; 94.344, subdivisions 1, 3, 5, 8, 10, by 
  1.33            adding a subdivision; 97A.055, subdivision 4b; 
  1.34            97A.061, by adding a subdivision; 97A.071, subdivision 
  1.35            2; 97A.075, subdivision 3; 97A.135, subdivision 2a; 
  1.36            97A.4742, subdivision 4; 97A.485, subdivisions 6, 7; 
  1.37            97A.551, by adding a subdivision; 97B.015, 
  1.38            subdivisions 1, 2, 5, 7; 97B.020; 97B.025; 97C.085; 
  1.39            97C.327; 97C.395, subdivision 1; 103F.535, subdivision 
  1.40            1; 103G.271, subdivision 6; 103G.301, subdivision 2; 
  1.41            103G.615, subdivision 2; 103I.681, subdivision 11; 
  1.42            115.06, subdivision 4; 115.551; 115A.03, subdivisions 
  1.43            21, 32a; 115A.06, subdivision 5; 115A.07, subdivision 
  1.44            1; 115A.072, subdivision 1; 115A.12; 115A.15, 
  1.45            subdivision 7; 115A.38, subdivision 1; 115A.545, 
  1.46            subdivision 1; 115A.929; 116.03, subdivision 1; 
  2.1             116.07, subdivision 4b; 116P.02, by adding a 
  2.2             subdivision; 116P.03; 116P.04, subdivision 5; 116P.05, 
  2.3             subdivision 2; 116P.07; 116P.08, subdivisions 3, 5, 6, 
  2.4             7, by adding subdivisions; 116P.09; 116P.10; 116P.11; 
  2.5             116P.12, subdivision 2; 116P.15, subdivision 2; 
  2.6             168.1296, subdivision 1; 169A.63, subdivision 6; 
  2.7             216B.2424, subdivisions 1, 2, 5a, 6, 8, by adding a 
  2.8             subdivision; 282.08; 282.38, subdivision 1; 296A.18, 
  2.9             subdivision 2; 297H.13, subdivision 2; 349.12, 
  2.10            subdivision 25; 462.357, subdivision 1e; 473.197, 
  2.11            subdivision 4; 473.846; 477A.12, by adding a 
  2.12            subdivision; 477A.145; Laws 2003, chapter 128, article 
  2.13            1, section 9, subdivision 6; Laws 2003, chapter 128, 
  2.14            article 1, section 167, subdivision 1; Laws 2004, 
  2.15            chapter 220, section 1; proposing coding for new law 
  2.16            in Minnesota Statutes, chapters 84; 86B; 92; 93; 97C; 
  2.17            116; 116P; 473; proposing coding for new law as 
  2.18            Minnesota Statutes, chapter 114D; repealing Minnesota 
  2.19            Statutes 2004, sections 84.901; 85.054, subdivision 1; 
  2.20            94.343, subdivision 6; 94.344, subdivision 6; 94.348; 
  2.21            94.349; 115A.03, subdivisions 8a, 22a; 115A.055, 
  2.22            subdivision 1; 115A.158, subdivision 3; 115D.03, 
  2.23            subdivision 4; 116.02, subdivision 5; 116.04; 116P.02, 
  2.24            subdivisions 2, 4; 116P.05; 116P.06; 116P.08, 
  2.25            subdivision 4; 473.156; 473.197, subdivisions 1, 2, 3, 
  2.26            5; 473.801, subdivision 6. 
  2.27  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.28                             ARTICLE 1 
  2.29          ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS 
  2.30                              OPTION B 
  2.31  Section 1.  [ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.] 
  2.32     The sums shown in the columns marked "APPROPRIATIONS" are 
  2.33  appropriated from the general fund, or another named fund, to 
  2.34  the agencies and for the purposes specified in this article, to 
  2.35  be available for the fiscal years indicated for each purpose.  
  2.36  The figures "2006" and "2007," where used in this article, mean 
  2.37  that the appropriation or appropriations listed under them are 
  2.38  available for the fiscal year ending June 30, 2006, or June 30, 
  2.39  2007, respectively.  The term "the first year" means the year 
  2.40  ending June 30, 2006, and the term "the second year" means the 
  2.41  year ending June 30, 2007. 
  2.42                          SUMMARY BY FUND
  2.43                            2006          2007           TOTAL
  2.44  General            $  110,654,000 $  110,655,000 $  221,309,000
  2.45  State Government
  2.46  Special Revenue            48,000         48,000         96,000
  2.47  Environmental          56,663,000     56,970,000    113,633,000
  2.48  Natural Resources      66,147,000     66,412,000    132,559,000
  2.49  Game and Fish          84,857,000     86,629,000    171,486,000
  3.1   Remediation            11,503,000     11,503,000     23,006,000
  3.2   Permanent School          350,000        350,000        700,000
  3.3   State Land and Water Conservation
  3.4   Account (LAWCON)        1,600,000         -0-         1,600,000
  3.5   Environment and Natural Resources
  3.6   Trust Fund             18,829,000     18,829,000     37,658,000
  3.7   Great Lakes Protection
  3.8   Account                  28,000           -0-            28,000
  3.9   TOTAL              $  350,679,000 $  351,396,000 $  702,075,000
  3.10                                             APPROPRIATIONS 
  3.11                                         Available for the Year 
  3.12                                             Ending June 30 
  3.13                                            2006         2007 
  3.14  Sec. 2.  DEPARTMENT OF ENVIRONMENTAL
  3.15  PROTECTION
  3.16  Subdivision 1.  Total 
  3.17  Appropriation                     $   79,278,000 $   79,585,000
  3.18                Summary by Fund
  3.19  General              11,164,000    11,164,000
  3.20  State Government 
  3.21  Special Revenue          48,000        48,000
  3.22  Environmental        56,663,000    56,970,000
  3.23  Remediation          11,403,000    11,403,000
  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  Subd. 2.  Water              
  3.28      25,872,000     25,872,000 
  3.29                Summary by Fund
  3.30  General               7,317,000     7,317,000
  3.31  State Government
  3.32  Special Revenue          48,000        48,000
  3.33  Environmental        18,507,000    18,507,000
  3.34  $2,348,000 the first year and 
  3.35  $2,348,000 the second year are for the 
  3.36  clean water partnership program.  Any 
  3.37  balance remaining in the first year 
  3.38  does not cancel and is available for 
  3.39  the second year.  This appropriation 
  3.40  may be used for grants to local units 
  3.41  of government for the purpose of 
  3.42  restoring impaired waters listed under 
  3.43  section 303(d) of the federal Clean 
  3.44  Water Act in accordance with adopted 
  3.45  total maximum daily loads (TMDLs), 
  3.46  including implementation of approved 
  3.47  clean water partnership diagnostic 
  3.48  study work plans that will assist in 
  3.49  restoration of such impaired waters. 
  4.1   $335,000 the first year and $335,000 
  4.2   the second year are for community 
  4.3   technical assistance and education, 
  4.4   including grants and technical 
  4.5   assistance to communities for local and 
  4.6   basinwide water quality protection. 
  4.7   $405,000 the first year and $405,000 
  4.8   the second year are for individual 
  4.9   sewage treatment system (ISTS) 
  4.10  administration and grants.  Of this 
  4.11  amount, $86,000 each year is for 
  4.12  assistance to counties through grants 
  4.13  for ISTS program administration.  Any 
  4.14  unexpended balance in the first year 
  4.15  does not cancel but is available in the 
  4.16  second year. 
  4.17  $480,000 the first year and $480,000 
  4.18  the second year are from the 
  4.19  environmental fund to address the need 
  4.20  for continued increased activity in the 
  4.21  areas of new technology review, 
  4.22  technical assistance for local 
  4.23  governments, and enforcement under 
  4.24  Minnesota Statutes, sections 115.55 to 
  4.25  115.58, and to complete the 
  4.26  requirements of Laws 2003, chapter 128, 
  4.27  article 1, sections 164 and 165.  Of 
  4.28  this amount, $48,000 each year is for 
  4.29  administration of individual septic 
  4.30  tank fees, as provided in this article. 
  4.31  $2,324,000 the first year and 
  4.32  $2,324,000 the second year must be 
  4.33  distributed as grants to delegated 
  4.34  counties to administer the county 
  4.35  feedlot program.  Distribution of the 
  4.36  funds must be conducted according to 
  4.37  the following three-part formula: 
  4.38  (1) Number of feedlots in the county:  
  4.39  60 percent of the total appropriation 
  4.40  must be distributed according to the 
  4.41  number of feedlots that are required to 
  4.42  be registered in the county.  Grants 
  4.43  awarded under this clause must be 
  4.44  matched with a combination of local 
  4.45  cash and in-kind contributions. 
  4.46  (2) Minimum program requirements:  25 
  4.47  percent of the total appropriation must 
  4.48  be distributed based on the county (i) 
  4.49  conducting an annual number of 
  4.50  inspections at feedlots that is equal 
  4.51  to or greater than seven percent of the 
  4.52  total number of registered feedlots 
  4.53  that are required to be registered in 
  4.54  the county; and (ii) meeting 
  4.55  noninspection minimum program 
  4.56  requirements as identified in the 
  4.57  county feedlot workplan form.  Counties 
  4.58  that do not meet the inspection 
  4.59  requirement must not receive 50 percent 
  4.60  of the eligible funding under this 
  4.61  clause.  Counties must receive funding 
  4.62  for noninspection requirements under 
  4.63  this clause according to a scoring 
  4.64  system checklist administered by the 
  4.65  department.  The commissioner, in 
  4.66  consultation with the Minnesota 
  5.1   Association of County Feedlot Officers 
  5.2   executive team, shall make a final 
  5.3   decision regarding any appeal by a 
  5.4   county regarding the terms and 
  5.5   conditions of this clause. 
  5.6   (3) Performance credits:  15 percent of 
  5.7   the total appropriation must be 
  5.8   distributed according to work that has 
  5.9   been done by the counties during the 
  5.10  fiscal year.  The amount must be 
  5.11  determined by the number of performance 
  5.12  credits a county accumulates during the 
  5.13  year based on a performance credit 
  5.14  matrix jointly agreed upon by the 
  5.15  commissioner in consultation with the 
  5.16  Minnesota Association of County Feedlot 
  5.17  Officers executive team.  To receive an 
  5.18  award under this clause the county must 
  5.19  meet the requirements of clause (2)(i) 
  5.20  and achieve 90 percent of the 
  5.21  requirements according to clause 
  5.22  (2)(ii) of the formula.  The rate of 
  5.23  reimbursement per performance credit 
  5.24  item must not exceed $200. 
  5.25  Delegated counties are eligible for a 
  5.26  minimum grant of $7,500.  To receive 
  5.27  the full $7,500 amount a county must 
  5.28  meet the requirements under clause (2) 
  5.29  of the formula.  Nondelegated counties 
  5.30  that apply for delegation shall receive 
  5.31  a grant prorated according to the 
  5.32  number of full quarters remaining in 
  5.33  the program year from the date of 
  5.34  commissioner approval of the 
  5.35  delegation.  Funds for awards to any 
  5.36  newly delegated counties must be made 
  5.37  out of the appropriation reserved for 
  5.38  clause (3) of the formula.  The 
  5.39  commissioner, in consultation with the 
  5.40  Minnesota Association of County Feedlot 
  5.41  Officers executive team, may decide to 
  5.42  use funds reserved for clause (3) of 
  5.43  the formula in an amount not to exceed 
  5.44  five percent of the total annual 
  5.45  appropriation for initiatives to 
  5.46  enhance existing delegated county 
  5.47  feedlot programs, information and 
  5.48  education, or technical assistance 
  5.49  efforts to reduce feedlot-related 
  5.50  pollution hazards.  Any funds remaining 
  5.51  after distribution under clauses (1) 
  5.52  and (2) of the formula must be 
  5.53  transferred to clause (3) of the 
  5.54  formula.  Any money remaining after the 
  5.55  first year is available for the second 
  5.56  year. 
  5.57  Notwithstanding Minnesota Statutes, 
  5.58  section 16A.28, the appropriations 
  5.59  encumbered under contract on or before 
  5.60  June 30, 2007, for clean water 
  5.61  partnership, individual sewage 
  5.62  treatment systems (ISTS), Minnesota 
  5.63  River, total maximum daily loads 
  5.64  (TMDLs), and local and basinwide water 
  5.65  quality protection grants in this 
  5.66  subdivision are available until June 
  5.67  30, 2009. 
  6.1   Subd. 3.  Air                 
  6.2        9,297,000      9,604,000 
  6.3                 Summary by Fund
  6.4   Environmental         9,297,000     9,604,000
  6.5   Up to $150,000 the first year and 
  6.6   $150,000 the second year may be 
  6.7   transferred to the environmental fund 
  6.8   for the small business environmental 
  6.9   improvement loan program established in 
  6.10  Minnesota Statutes, section 116.993. 
  6.11  $200,000 the first year and $200,000 
  6.12  the second year are from the 
  6.13  environmental fund for a monitoring 
  6.14  program under Minnesota Statutes, 
  6.15  section 116.454. 
  6.16  Subd. 4.  Land               
  6.17      18,467,000     18,467,000 
  6.18                Summary by Fund
  6.19  Environmental         7,064,000     7,064,000
  6.20  Remediation          11,403,000    11,403,000
  6.21  All money for environmental response, 
  6.22  compensation, and compliance in the 
  6.23  remediation fund not otherwise 
  6.24  appropriated is appropriated to the 
  6.25  commissioners of the Departments of 
  6.26  Environmental Protection and 
  6.27  Agriculture for purposes of Minnesota 
  6.28  Statutes, section 115B.20, subdivision 
  6.29  2, clauses (1), (2), (3), (6), and 
  6.30  (7).  At the beginning of each fiscal 
  6.31  year, the two commissioners shall 
  6.32  jointly submit an annual spending plan 
  6.33  to the commissioner of finance that 
  6.34  maximizes the utilization of resources 
  6.35  and appropriately allocates the money 
  6.36  between the two departments.  This 
  6.37  appropriation is available until June 
  6.38  30, 2007. 
  6.39  $3,616,000 the first year and 
  6.40  $3,616,000 the second year are from the 
  6.41  petroleum tank fund to be transferred 
  6.42  to the remediation fund for purposes of 
  6.43  the leaking underground storage tank 
  6.44  program to protect the land. 
  6.45  $200,000 the first year and $200,000 
  6.46  the second year are from the 
  6.47  remediation fund to be transferred to 
  6.48  the Department of Health for private 
  6.49  water supply monitoring and health 
  6.50  assessment costs in areas contaminated 
  6.51  by unpermitted mixed municipal solid 
  6.52  waste disposal facilities. 
  6.53  Subd. 5.  Multimedia         
  6.54      24,059,000     24,059,000 
  6.55                Summary by Fund
  7.1   General               2,264,000     2,264,000
  7.2   Environmental        21,795,000    21,795,000
  7.3   $12,500,000 each year is from the 
  7.4   environmental fund for SCORE block 
  7.5   grants to counties.  
  7.6   Any unencumbered grant and loan 
  7.7   balances in the first year do not 
  7.8   cancel but are available for grants and 
  7.9   loans in the second year. 
  7.10  All money deposited in the 
  7.11  environmental fund for the metropolitan 
  7.12  solid waste landfill fee in accordance 
  7.13  with Minnesota Statutes, section 
  7.14  473.843, and not otherwise 
  7.15  appropriated, is appropriated to the 
  7.16  department for the purposes of 
  7.17  Minnesota Statutes, section 473.844. 
  7.18  $119,000 the first year and $119,000 
  7.19  the second year are for environmental 
  7.20  assistance grants or loans under 
  7.21  Minnesota Statutes, section 115A.0716. 
  7.22  Notwithstanding Minnesota Statutes, 
  7.23  section 16A.28, the appropriations 
  7.24  encumbered under contract on or before 
  7.25  June 30, 2007, for environmental 
  7.26  assistance grants awarded under 
  7.27  Minnesota Statutes, section 115A.0716, 
  7.28  and for technical and research 
  7.29  assistance under Minnesota Statutes, 
  7.30  section 115A.152, technical assistance 
  7.31  under Minnesota Statutes, section 
  7.32  115A.52, and pollution prevention 
  7.33  assistance under Minnesota Statutes, 
  7.34  section 115D.04, are available until 
  7.35  June 30, 2009. 
  7.36  Subd. 6.  Administrative Support                                
  7.37       1,583,000      1,583,000 
  7.38                Summary by Fund
  7.39  General               1,583,000     1,583,000
  7.40  Sec. 3.  NATURAL RESOURCES 
  7.41  Subdivision 1.  Total       
  7.42  Appropriation                        220,582,000    222,618,000 
  7.43                Summary by Fund
  7.44  General              73,902,000    73,903,000
  7.45  Natural Resources    61,373,000    61,636,000
  7.46  Game and Fish        84,857,000    86,629,000
  7.47  Remediation             100,000       100,000
  7.48  Permanent School        350,000       350,000
  7.49  The amounts that may be spent from this 
  7.50  appropriation for each program are 
  7.51  specified in the following subdivisions.
  8.1   Subd. 2.  Land and Mineral Resources
  8.2   Management
  8.3        8,716,000      8,752,000 
  8.4                 Summary by Fund
  8.5   General               5,248,000     5,248,000
  8.6   Natural Resources     2,122,000     2,122,000
  8.7   Game and Fish           996,000     1,032,000
  8.8   Permanent School        350,000       350,000
  8.9   $275,000 the first year and $275,000 
  8.10  the second year are for iron ore 
  8.11  cooperative research, of which $137,500 
  8.12  the first year and $137,500 the second 
  8.13  year are available only as matched by 
  8.14  $1 of nonstate money for each $1 of 
  8.15  state money.  The match may be cash or 
  8.16  in-kind.  
  8.17  $86,000 the first year and $86,000 the 
  8.18  second year are for minerals 
  8.19  cooperative environmental research, of 
  8.20  which $43,000 the first year and 
  8.21  $43,000 the second year are available 
  8.22  only as matched by $1 of nonstate money 
  8.23  for each $1 of state money.  The match 
  8.24  may be cash or in-kind.  
  8.25  $1,946,000 the first year and 
  8.26  $1,946,000 the second year are from the 
  8.27  minerals management account in the 
  8.28  natural resources fund for only the 
  8.29  purposes specified in Minnesota 
  8.30  Statutes, section 93.2236, paragraph 
  8.31  (c).  Of this amount, $1,526,000 the 
  8.32  first year and $1,526,000 the second 
  8.33  year are for mineral resource 
  8.34  management, $420,000 the first year and 
  8.35  $420,000 the second year are for 
  8.36  projects to enhance future income and 
  8.37  promote new opportunities, including 
  8.38  value-added iron products, geological 
  8.39  mapping, and mercury research.  The 
  8.40  appropriation is from the revenue 
  8.41  deposited in the minerals management 
  8.42  account under Minnesota Statutes, 
  8.43  section 93.22, subdivision 1, paragraph 
  8.44  (b). 
  8.45  $300,000 the first year and $300,000 
  8.46  the second year are from the state 
  8.47  forest suspense account in the 
  8.48  permanent school fund to accelerate 
  8.49  land exchanges, land sales, and 
  8.50  commercial leasing of school trust 
  8.51  lands.  This appropriation is to be 
  8.52  used toward meeting the provisions of 
  8.53  Minnesota Statutes, section 92.121, to 
  8.54  exchange school trust lands or put 
  8.55  alternatives in effect when management 
  8.56  practices have diminished or prohibited 
  8.57  revenue generation, and the direction 
  8.58  of Minnesota Statutes, section 127A.31, 
  8.59  to secure maximum long-term economic 
  8.60  return from the school trust lands 
  8.61  consistent with fiduciary 
  9.1   responsibilities and sound natural 
  9.2   resources conservation and management 
  9.3   principles. 
  9.4   $50,000 the first year and $50,000 the 
  9.5   second year are from the state forest 
  9.6   suspense account in the permanent 
  9.7   school fund to identify, evaluate, and 
  9.8   lease construction aggregate located on 
  9.9   school trust lands. 
  9.10  Subd. 3.  Water Resources Management
  9.11      11,122,000     11,122,000 
  9.12                Summary by Fund
  9.13  General              10,842,000    10,842,000
  9.14  Natural Resources       280,000       280,000
  9.15  Upon completion of the five-county 
  9.16  North Central Lakes Project and when 
  9.17  funding becomes available, the 
  9.18  commissioner shall begin to update 
  9.19  Minnesota Rules, chapter 6120, 
  9.20  Shoreland Rules, using the rulemaking 
  9.21  process under Minnesota Statutes, 
  9.22  section 14.389.  Rules shall be updated 
  9.23  to provide local units of government 
  9.24  and citizens adequate tools, direction, 
  9.25  and oversight to address current and 
  9.26  future lake and river shoreland 
  9.27  development issues including, but not 
  9.28  limited to:  review and update of 
  9.29  shoreland zone; review and update of 
  9.30  lake classification system; individual 
  9.31  classification and suitability of 
  9.32  sensitive shoreland areas for 
  9.33  development and access; planned unit 
  9.34  developments (PUDs); use of common 
  9.35  access lots by nonriparian and PUD 
  9.36  owners; recreational use capacity of 
  9.37  lakes; review and update of shoreland 
  9.38  management zones and corresponding lot 
  9.39  dimensions; use of technical evaluation 
  9.40  panels to evaluate shoreland 
  9.41  development; and comprehensive lake 
  9.42  management planning. 
  9.43  $210,000 the first year and $210,000 
  9.44  the second year are for grants 
  9.45  associated with the implementation of 
  9.46  the Red River mediation agreement. 
  9.47  $125,000 the first year and $125,000 
  9.48  the second year are for the 
  9.49  construction of ring dikes under 
  9.50  Minnesota Statutes, section 103F.161.  
  9.51  The ring dikes may be publicly or 
  9.52  privately owned.  Any unencumbered 
  9.53  balance does not cancel at the end of 
  9.54  the first year and is available for the 
  9.55  second year. 
  9.56  Subd. 4.  Forest Management  
  9.57      34,063,000     34,063,000 
  9.58                Summary by Fund
 10.1   General              24,098,000    24,098,000
 10.2   Natural Resources     9,715,000     9,715,000
 10.3   Game and Fish           250,000       250,000
 10.4   $7,217,000 the first year and 
 10.5   $7,217,000 the second year are for 
 10.6   prevention, presuppression, and 
 10.7   suppression costs of emergency 
 10.8   firefighting and other costs incurred 
 10.9   under Minnesota Statutes, section 
 10.10  88.12.  If the appropriation for either 
 10.11  year is insufficient to cover all costs 
 10.12  of presuppression and suppression, the 
 10.13  amount necessary to pay for these costs 
 10.14  during the biennium is appropriated 
 10.15  from the general fund.  By November 15 
 10.16  of each year, the commissioner of 
 10.17  natural resources shall submit a report 
 10.18  to the chairs of the house of 
 10.19  representatives Ways and Means 
 10.20  Committee, the senate Finance 
 10.21  Committee, the Environment and 
 10.22  Agriculture Budget Division of the 
 10.23  senate Finance Committee, and the house 
 10.24  of representatives Agriculture, 
 10.25  Environment and Natural Resources 
 10.26  Finance Committee, identifying all 
 10.27  firefighting costs incurred and 
 10.28  reimbursements received in the prior 
 10.29  fiscal year.  These appropriations may 
 10.30  not be transferred.  Any reimbursement 
 10.31  of firefighting expenditures made to 
 10.32  the commissioner from any source other 
 10.33  than federal mobilizations shall be 
 10.34  deposited into the general fund. 
 10.35  $9,715,000 the first year and 
 10.36  $9,715,000 the second year are from the 
 10.37  forest management investment account in 
 10.38  the natural resources fund for only the 
 10.39  purposes specified in Minnesota 
 10.40  Statutes, section 89.039, subdivision 2.
 10.41  $517,000 the first year and $517,000 
 10.42  the second year are for the Forest 
 10.43  Resources Council for implementation of 
 10.44  the Sustainable Forest Resources Act. 
 10.45  $350,000 the first year and $350,000 
 10.46  the second year are for the FORIST 
 10.47  Timber Management Information System 
 10.48  and for increased forestry management.  
 10.49  The amount in the second year is also 
 10.50  available in the first year. 
 10.51  $250,000 the first year and $250,000 
 10.52  the second year are from the game and 
 10.53  fish fund to implement Ecological 
 10.54  Classification Systems (ECS) standards 
 10.55  on forested landscapes.  This 
 10.56  appropriation is from revenue deposited 
 10.57  in the game and fish fund under 
 10.58  Minnesota Statutes, section 297A.94, 
 10.59  paragraph (e), clause (1). 
 10.60  Subd. 5.  Parks and Recreation
 10.61  Management
 10.62      32,615,000     32,703,000 
 11.1                 Summary by Fund
 11.2   General              19,279,000    19,279,000
 11.3   Natural Resources    13,336,000    13,424,000
 11.4   $640,000 the first year and $640,000 
 11.5   the second year are from the water 
 11.6   recreation account in the natural 
 11.7   resources fund for state park water 
 11.8   access projects. 
 11.9   $3,725,000 the first year and 
 11.10  $3,813,000 the second year are from the 
 11.11  natural resources fund for state park 
 11.12  and recreation area operations.  This 
 11.13  appropriation is from the revenue 
 11.14  deposited in the natural resources fund 
 11.15  under Minnesota Statutes, section 
 11.16  297A.94, paragraph (e), clause (2). 
 11.17  Subd. 6.  Trails and Waterways
 11.18  Management
 11.19      25,598,000     25,750,000 
 11.20                Summary by Fund
 11.21  General               1,284,000     1,284,000
 11.22  Natural Resources    22,223,000    22,379,000
 11.23  Game and Fish         2,091,000     2,087,000
 11.24  $5,724,000 the first year and 
 11.25  $5,724,000 the second year are from the 
 11.26  snowmobile trails and enforcement 
 11.27  account in the natural resources fund 
 11.28  for snowmobile grants-in-aid.  Any 
 11.29  unencumbered balance does not cancel at 
 11.30  the end of the first year and is 
 11.31  available for the second year. 
 11.32  $925,000 the first year and $825,000 
 11.33  the second year are from the natural 
 11.34  resources fund for off-highway vehicle 
 11.35  grants-in-aid.  Of this amount, 
 11.36  $575,000 each year is from the 
 11.37  all-terrain vehicle account; $150,000 
 11.38  each year is from the off-highway 
 11.39  motorcycle account; and $200,000 the 
 11.40  first year and $100,000 the second year 
 11.41  are from the off-road vehicle account.  
 11.42  Any unencumbered balance does not 
 11.43  cancel at the end of the first year and 
 11.44  is available for the second year. 
 11.45  $261,000 the first year and $261,000 
 11.46  the second year are from the water 
 11.47  recreation account in the natural 
 11.48  resources fund for a safe harbor 
 11.49  program on Lake Superior. 
 11.50  $742,000 the first year and $760,000 
 11.51  the second year are from the natural 
 11.52  resources fund for state trail 
 11.53  operations.  This appropriation is from 
 11.54  the revenue deposited in the natural 
 11.55  resources fund under Minnesota 
 11.56  Statutes, section 297A.94, paragraph 
 11.57  (e), clause (2).  
 12.1   $632,000 the first year and $645,000 
 12.2   the second year are from the natural 
 12.3   resources fund for trail grants to 
 12.4   local units of government on land to be 
 12.5   maintained for at least 20 years for 
 12.6   the purposes of the grant.  This 
 12.7   appropriation is from the revenue 
 12.8   deposited in the natural resources fund 
 12.9   under Minnesota Statutes, section 
 12.10  297A.94, paragraph (e), clause (4).  
 12.11  $75,000 the first year is from the 
 12.12  all-terrain vehicle account in the 
 12.13  natural resources fund for a study to 
 12.14  determine the amount of gasoline used 
 12.15  each year by all-terrain vehicle riders 
 12.16  in the state.  The commissioners of 
 12.17  natural resources, revenue, and 
 12.18  transportation shall jointly determine 
 12.19  the amount of unrefunded gasoline tax 
 12.20  attributable to all-terrain vehicle use 
 12.21  in the state and shall report to the 
 12.22  legislature by March 1, 2006, with an 
 12.23  appropriate proposed revision to 
 12.24  Minnesota Statutes, section 296A.18. 
 12.25  $50,000 is appropriated from the 
 12.26  all-terrain vehicle account in the 
 12.27  natural resources fund to the 
 12.28  commissioner of natural resources for 
 12.29  fiscal year 2006 to revise the 
 12.30  Northshore Trail master plan for use by 
 12.31  all-terrain vehicles. 
 12.32  $2,250,000 the first year and 
 12.33  $2,600,000 the second year are from the 
 12.34  public access account in the natural 
 12.35  resources fund for the acquisition, 
 12.36  development, maintenance, and 
 12.37  rehabilitation of sites for public 
 12.38  access and boating facilities on public 
 12.39  waters. 
 12.40  Ninety percent of the money received 
 12.41  for watercraft licenses as a result of 
 12.42  the fee increases contained in this act 
 12.43  shall be credited to a public access 
 12.44  subaccount within the water recreation 
 12.45  account.  Ten percent is for 
 12.46  enforcement purposes. 
 12.47  Subd. 7.  Fish and Wildlife Management
 12.48      59,670,000     60,679,000 
 12.49                Summary by Fund
 12.50  General               1,755,000     1,755,000
 12.51  Natural Resources     1,542,000     1,542,000
 12.52  Game and Fish        56,373,000    57,382,000
 12.53  $407,000 the first year and $412,000 
 12.54  the second year are for resource 
 12.55  population surveys in the 1837 treaty 
 12.56  area.  Of this amount, $265,000 the 
 12.57  first year and $270,000 the second year 
 12.58  are from the game and fish fund. 
 12.59  $7,233,000 the first year and 
 13.1   $7,233,000 the second year are from the 
 13.2   heritage enhancement account in the 
 13.3   game and fish fund for only the 
 13.4   purposes specified in Minnesota 
 13.5   Statutes, section 297A.94, paragraph 
 13.6   (e), clause (1).  
 13.7   Notwithstanding Minnesota Statutes, 
 13.8   section 297A.94, this appropriation may 
 13.9   be used for hunter recruitment and 
 13.10  retention and public land user 
 13.11  facilities. 
 13.12  $1,030,000 the first year and $880,000 
 13.13  the second year are from the trout and 
 13.14  salmon management account for only the 
 13.15  purposes specified in Minnesota 
 13.16  Statutes, section 97A.075, subdivision 
 13.17  3. 
 13.18  $1,411,000 the first year and 
 13.19  $1,411,000 the second year are from the 
 13.20  deer habitat improvement account for 
 13.21  only the purposes specified in 
 13.22  Minnesota Statutes, section 97A.075, 
 13.23  subdivision 1, paragraph (b). 
 13.24  $397,000 the first year and $397,000 
 13.25  the second year are from the deer and 
 13.26  bear management account for only the 
 13.27  purposes specified in Minnesota 
 13.28  Statutes, section 97A.075, subdivision 
 13.29  1, paragraph (c). 
 13.30  $851,000 the first year and $851,000 
 13.31  the second year are from the waterfowl 
 13.32  habitat improvement account for only 
 13.33  the purposes specified in Minnesota 
 13.34  Statutes, section 97A.075, subdivision 
 13.35  2. 
 13.36  $890,000 the first year and $890,000 
 13.37  the second year are from the pheasant 
 13.38  habitat improvement account for only 
 13.39  the purposes specified in Minnesota 
 13.40  Statutes, section 97A.075, subdivision 
 13.41  4. 
 13.42  $142,000 the first year and $142,000 
 13.43  the second year are from the wild 
 13.44  turkey management account for only the 
 13.45  purposes specified in Minnesota 
 13.46  Statutes, section 97A.075, subdivision 
 13.47  5.  Of this amount, $8,000 the first 
 13.48  year and $8,000 the second year are 
 13.49  appropriated from the game and fish 
 13.50  fund for transfer to the wild turkey 
 13.51  management account for purposes 
 13.52  specified in Minnesota Statutes, 
 13.53  section 97A.075, subdivision 5. 
 13.54  $225,000 is from the revenue deposited 
 13.55  to the game and fish fund under 
 13.56  Minnesota Statutes, section 297A.94, 
 13.57  paragraph (e), clause (1), for a grant 
 13.58  to "Let's Go Fishing" of Minnesota to 
 13.59  promote opportunities for fishing.  The 
 13.60  grant recipient must report back to the 
 13.61  commissioner by February 1, 2006, on 
 13.62  the use and results of the 
 13.63  appropriation.  This is a onetime 
 14.1   appropriation. 
 14.2   Subd. 8.  Ecological Services
 14.3       10,084,000     10,149,000 
 14.4                 Summary by Fund
 14.5   General               3,140,000     3,141,000
 14.6   Natural Resources     3,153,000     3,153,000
 14.7   Game and Fish         3,791,000     3,855,000
 14.8   $1,128,000 the first year and 
 14.9   $1,128,000 the second year are from the 
 14.10  nongame wildlife management account in 
 14.11  the natural resources fund for the 
 14.12  purpose of nongame wildlife management. 
 14.13  Notwithstanding Minnesota Statutes, 
 14.14  section 290.431, $100,000 the first 
 14.15  year and $100,000 the second year may 
 14.16  be used for nongame information, 
 14.17  education, and promotion. 
 14.18  $1,588,000 the first year and 
 14.19  $1,588,000 the second year are from the 
 14.20  heritage enhancement account in the 
 14.21  game and fish fund for only the 
 14.22  purposes specified in Minnesota 
 14.23  Statutes, section 297A.94, paragraph 
 14.24  (e), clause (1).  This appropriation is 
 14.25  from the revenue deposited in the game 
 14.26  and fish fund under Minnesota Statutes, 
 14.27  section 297A.94, paragraph (e), clause 
 14.28  (1). 
 14.29  Subd. 9.  Enforcement
 14.30      29,397,000     29,982,000 
 14.31                Summary by Fund
 14.32  General               3,356,000     3,356,000
 14.33  Natural Resources     7,413,000     7,428,000
 14.34  Game and Fish        18,528,000    19,098,000
 14.35  Remediation             100,000       100,000
 14.36  $1,082,000 the first year and 
 14.37  $1,082,000 the second year are from the 
 14.38  water recreation account in the natural 
 14.39  resources fund for grants to counties 
 14.40  for boat and water safety. 
 14.41  $100,000 the first year and $100,000 
 14.42  the second year are from the 
 14.43  remediation fund for solid waste 
 14.44  enforcement activities under Minnesota 
 14.45  Statutes, section 116.073. 
 14.46  $315,000 the first year and $315,000 
 14.47  the second year are from the snowmobile 
 14.48  trails and enforcement account in the 
 14.49  natural resources fund for grants to 
 14.50  local law enforcement agencies for 
 14.51  snowmobile enforcement activities. 
 15.1   The unexpended balance of money from 
 15.2   Laws 1999, chapter 231, section 5, 
 15.3   subdivision 6, must be credited to the 
 15.4   snowmobile trails and enforcement 
 15.5   account and the appropriation for the 
 15.6   repair of public trails damaged by 
 15.7   snowmobiles shall be canceled.  
 15.8   $1,164,000 the first year and 
 15.9   $1,164,000 the second year are from the 
 15.10  heritage enhancement account in the 
 15.11  game and fish fund for only the 
 15.12  purposes specified in Minnesota 
 15.13  Statutes, section 297A.94, paragraph 
 15.14  (e), clause (1).  This appropriation is 
 15.15  from the revenue deposited in the game 
 15.16  and fish fund under Minnesota Statutes, 
 15.17  section 297A.94, paragraph (e), clause 
 15.18  (1). 
 15.19  Overtime must be distributed to 
 15.20  conservation officers at historical 
 15.21  levels; however, a reasonable reduction 
 15.22  or addition may be made to the 
 15.23  officer's allocation, if justified, 
 15.24  based on an individual officer's 
 15.25  workload.  If funding for enforcement 
 15.26  is reduced because of an unallotment, 
 15.27  the overtime bank may be reduced in 
 15.28  proportion to reductions made in other 
 15.29  areas of the budget. 
 15.30  $225,000 the first year and $225,000 
 15.31  the second year are from the natural 
 15.32  resources fund for grants to county law 
 15.33  enforcement agencies for off-highway 
 15.34  vehicle enforcement and public 
 15.35  education activities based on 
 15.36  off-highway vehicle use in the county.  
 15.37  Of this amount, $213,000 each year is 
 15.38  from the all-terrain vehicle account; 
 15.39  $11,000 each year is from the 
 15.40  off-highway motorcycle account; and 
 15.41  $1,000 each year is from the off-road 
 15.42  vehicle account.  The county 
 15.43  enforcement agencies may use money 
 15.44  received under this appropriation to 
 15.45  make grants to other local enforcement 
 15.46  agencies within the county that have a 
 15.47  high concentration of off-highway 
 15.48  vehicle use.  Of this appropriation, 
 15.49  $25,000 each year is for administration 
 15.50  of these grants. 
 15.51  $200,000 the first year and $200,000 
 15.52  the second year are from the natural 
 15.53  resources fund for an off-highway 
 15.54  vehicle safety and conservation grant 
 15.55  program.  Of this amount, $170,000 each 
 15.56  year is from the all-terrain vehicle 
 15.57  account; $10,000 each year is from the 
 15.58  off-highway motorcycle account; and 
 15.59  $20,000 each year is from the off-road 
 15.60  vehicle account.  Any unencumbered 
 15.61  balance does not cancel at the end of 
 15.62  the first year and is available for the 
 15.63  second year. 
 15.64  $15,000 the first year is from the 
 15.65  off-highway motorcycle account in the 
 15.66  natural resources fund to produce an 
 16.1   interactive CD-ROM training tool for 
 16.2   the off-highway motorcycle education 
 16.3   and training program under Minnesota 
 16.4   Statutes, section 84.791. 
 16.5   $15,000 the first year and $5,000 the 
 16.6   second year are from the off-road 
 16.7   vehicle account in the natural 
 16.8   resources fund to establish the 
 16.9   off-road vehicle environment and safety 
 16.10  education and training program under 
 16.11  Minnesota Statutes, section 84.8015. 
 16.12  Subd. 10.  Operations Support
 16.13       9,317,000      9,418,000 
 16.14                Summary by Fund
 16.15  General               4,900,000     4,900,000
 16.16  Natural Resources     1,589,000     1,593,000
 16.17  Game and Fish         2,828,000     2,925,000
 16.18  $264,000 the first year and $268,000 
 16.19  the second year are from the natural 
 16.20  resources fund for grants to be divided 
 16.21  equally between the city of St. Paul 
 16.22  for the Como Zoo and Conservatory and 
 16.23  the city of Duluth Zoo.  This 
 16.24  appropriation is from the revenue 
 16.25  deposited to the fund under Minnesota 
 16.26  Statutes, section 297A.94, paragraph 
 16.27  (e), clause (5). 
 16.28  Sec. 4.  MINNESOTA
 16.29  CONSERVATION CORPS                       840,000        840,000 
 16.30                Summary by Fund
 16.31  General                 350,000       350,000
 16.32  Natural Resources       490,000       490,000
 16.33  The Minnesota Conservation Corps may 
 16.34  receive money appropriated under this 
 16.35  section only as provided in an 
 16.36  agreement with the commissioner of 
 16.37  natural resources. 
 16.38  Sec. 5.  BOARD OF WATER
 16.39  AND SOIL RESOURCES                    15,131,000     15,131,000
 16.40  $4,102,000 the first year and 
 16.41  $4,102,000 the second year are for 
 16.42  natural resources block grants to local 
 16.43  governments. 
 16.44  The board may reduce the amount of the 
 16.45  natural resources block grant to a 
 16.46  county by an amount equal to any 
 16.47  reduction in the county's general 
 16.48  services allocation to a soil and water 
 16.49  conservation district from the county's 
 16.50  previous year allocation when the board 
 16.51  determines that the reduction was 
 16.52  disproportionate. 
 16.53  Grants must be matched with a 
 16.54  combination of local cash or in-kind 
 17.1   contributions.  The base grant portion 
 17.2   related to water planning must be 
 17.3   matched by an amount that would be 
 17.4   raised by a levy under Minnesota 
 17.5   Statutes, section 103B.3369. 
 17.6   $3,566,000 the first year and 
 17.7   $3,566,000 the second year are for 
 17.8   grants to soil and water conservation 
 17.9   districts for general purposes, 
 17.10  nonpoint engineering, and 
 17.11  implementation of the reinvest in 
 17.12  Minnesota conservation reserve 
 17.13  program.  Upon approval of the board, 
 17.14  expenditures may be made from these 
 17.15  appropriations for supplies and 
 17.16  services benefiting soil and water 
 17.17  conservation districts. 
 17.18  $3,285,000 the first year and 
 17.19  $3,285,000 the second year are for 
 17.20  grants to soil and water conservation 
 17.21  districts for cost-sharing contracts 
 17.22  for erosion control and water quality 
 17.23  management.  For base grant allocations 
 17.24  made prior to January 1, 2007, up to 
 17.25  100 percent of this appropriation may 
 17.26  be used for technical assistance.  Of 
 17.27  this amount, at least $1,500,000 the 
 17.28  first year and $1,500,000 the second 
 17.29  year are for grants for cost-sharing 
 17.30  contracts for water quality management 
 17.31  on feedlots. 
 17.32  Any unencumbered balance in the board's 
 17.33  program of grants does not cancel at 
 17.34  the end of the first year and is 
 17.35  available for the second year for the 
 17.36  same grant program.  This appropriation 
 17.37  is available until expended.  If the 
 17.38  appropriation in either year is 
 17.39  insufficient, the appropriation in the 
 17.40  other year is available for it. 
 17.41  Any balance in the board's cost share 
 17.42  program that remains from the fiscal 
 17.43  year 2005 appropriation is available in 
 17.44  an amount of up to $15,000 for a grant 
 17.45  to the Mower County Soil and Water 
 17.46  Conservation District to create a small 
 17.47  pond demonstration project in the Cedar 
 17.48  River Watershed for purposes of water 
 17.49  retention and flood control.  The Mower 
 17.50  County Soil and Water Conservation 
 17.51  District must seek other sources of 
 17.52  funding, including federal and private 
 17.53  sources, to ensure that the 
 17.54  demonstration project is educational 
 17.55  and complete. 
 17.56  $100,000 the first year and $100,000 
 17.57  the second year are for a grant to the 
 17.58  Red River Basin Commission to develop a 
 17.59  Red River basin plan and to coordinate 
 17.60  water management activities in the 
 17.61  states and provinces bordering the Red 
 17.62  River.  The unencumbered balance in the 
 17.63  first year does not cancel but is 
 17.64  available for the second year. 
 17.65  $105,000 the first year and $105,000 
 18.1   the second year are for a grant to Area 
 18.2   II, Minnesota River Basin Projects, 
 18.3   Inc., for floodplain management, 
 18.4   including administration of programs.  
 18.5   If the appropriation in either year is 
 18.6   insufficient, the appropriation in the 
 18.7   other year is available for it. 
 18.8   The board has authority to receive and 
 18.9   expend money to acquire conservation 
 18.10  easements, as defined in Minnesota 
 18.11  Statutes, chapter 84C, on behalf of the 
 18.12  state and federal government, 
 18.13  consistent with the Camp Ripley's Army 
 18.14  Compatible Use Buffer Project. 
 18.15  The board shall conduct an 
 18.16  implementation assessment of public 
 18.17  drainage system buffers and their use, 
 18.18  maintenance, and benefits.  The 
 18.19  assessment must be done in consultation 
 18.20  with farm groups, watershed districts, 
 18.21  soil and water conservation districts, 
 18.22  counties, and conservation 
 18.23  organizations, as well as federal 
 18.24  agencies implementing voluntary buffer 
 18.25  programs.  The board shall report the 
 18.26  results to the senate and house of 
 18.27  representatives committees with 
 18.28  jurisdiction over drainage systems by 
 18.29  January 15, 2006. 
 18.30  Sec. 6.  ZOOLOGICAL BOARD              6,189,000      6,191,000 
 18.31                Summary by Fund
 18.32  General               6,057,000     6,057,000
 18.33  Natural Resources       132,000       134,000
 18.34  $132,000 the first year and $134,000 
 18.35  the second year are from the natural 
 18.36  resources fund from the revenue 
 18.37  deposited under Minnesota Statutes, 
 18.38  section 297A.94, paragraph (e), clause 
 18.39  (5).  This is a onetime appropriation. 
 18.40  Sec. 7.  SCIENCE MUSEUM     
 18.41  OF MINNESOTA                             750,000        750,000 
 18.42  Sec. 8.  METROPOLITAN COUNCIL          7,152,000      7,152,000
 18.43                Summary by Fund
 18.44  General                 3,300,000      3,300,000
 18.45  Natural Resources       4,152,000      4,152,000
 18.46  $3,300,000 the first year and 
 18.47  $3,300,000 the second year are for 
 18.48  metropolitan area regional parks 
 18.49  maintenance and operations. 
 18.50  $4,152,000 the first year and 
 18.51  $4,152,000 the second year are from the 
 18.52  natural resources fund for metropolitan 
 18.53  area regional parks and trails 
 18.54  maintenance and operations.  This 
 18.55  appropriation is from the revenue 
 18.56  deposited in the natural resources fund 
 18.57  under Minnesota Statutes, section 
 19.1   297A.94, paragraph (e), clause (3). 
 19.2   Sec. 9.  MINNESOTA FUTURE 
 19.3   RESOURCES FUND                        
 19.4   By June 30, 2006, and by June 30, 2007, 
 19.5   the commissioner of finance shall 
 19.6   transfer any remaining unappropriated 
 19.7   balance from the Minnesota future 
 19.8   resources fund to the general fund. 
 19.9   Sec. 10.  MINNESOTA RESOURCES 
 19.10  Subdivision 1.  Total
 19.11  Appropriation
 19.12                                       $20,457,000    $18,829,000
 19.13                Summary by Fund
 19.14  State Land and Water Conservation
 19.15  Account (LAWCON)      1,600,000       -0-
 19.16  Environment and Natural Resources
 19.17  Trust Fund           18,829,000    18,829,000
 19.18  Great Lakes Protection
 19.19  Account                  28,000       -0-
 19.20  Appropriations from the LAWCON account 
 19.21  and Great Lakes protection account are 
 19.22  available for either year of the 
 19.23  biennium. 
 19.24  For appropriations from the environment 
 19.25  and natural resources trust fund, any 
 19.26  unencumbered balance remaining in the 
 19.27  first year does not cancel and is 
 19.28  available for the second year of the 
 19.29  biennium.  Unless otherwise provided, 
 19.30  the amounts in this section are 
 19.31  available until June 30, 2007, when 
 19.32  projects must be completed and final 
 19.33  products delivered. 
 19.34  Subd. 2.  Definitions 
 19.35  (a) "State Land and Water Conservation 
 19.36  Account (LAWCON)" means the state land 
 19.37  and water conservation account in the 
 19.38  natural resources fund referred to in 
 19.39  Minnesota Statutes, section 116P.14. 
 19.40  (b) "Great Lakes Protection Account" 
 19.41  means the Great Lakes protection 
 19.42  account referred to in Minnesota 
 19.43  Statutes, section 116Q.02, subdivision 
 19.44  1. 
 19.45  (c) "Trust fund" means the Minnesota 
 19.46  environment and natural resources trust 
 19.47  fund referred to in Minnesota Statutes, 
 19.48  section 116P.02, subdivision 6. 
 19.49  Subd. 3.  Administration                 524,000        525,000
 19.50                Summary by Fund
 19.51  Trust Fund              524,000       525,000
 19.52  (a) Legislative Commission on Minnesota Resources       899,000
 20.1   $449,000 the first year and $450,000 
 20.2   the second year are from the trust fund 
 20.3   for administration as provided in 
 20.4   Minnesota Statutes, section 116P.09, 
 20.5   subdivision 5. 
 20.6   (b) Contract Administration                             150,000
 20.7   $75,000 the first year and $75,000 the 
 20.8   second year are from the trust fund to 
 20.9   the commissioner of natural resources 
 20.10  for contract administration activities 
 20.11  assigned to the commissioner in this 
 20.12  section.  This appropriation is 
 20.13  available until June 30, 2008. 
 20.14  Subd. 4.  Citizen Advisory Committee     10,000         10,000
 20.15                Summary by Fund
 20.16  Trust Fund               10,000        10,000
 20.17  $10,000 the first year and $10,000 the 
 20.18  second year are from the trust fund to 
 20.19  the Legislative Commission on Minnesota 
 20.20  Resources for expenses of the citizen 
 20.21  advisory committee as provided in 
 20.22  Minnesota Statutes, section 116P.06.  
 20.23  Notwithstanding Minnesota Statutes, 
 20.24  section 16A.281, the availability of 
 20.25  $15,000 of the appropriation from Laws 
 20.26  2003, chapter 128, article 1, section 
 20.27  9, subdivision 4, advisory committee, 
 20.28  is extended to June 30, 2007. 
 20.29  Subd. 5.  Fish and Wildlife Habitat    5,038,000      5,038,000
 20.30                Summary by Fund
 20.31  Trust Fund            5,038,000     5,038,000
 20.32  (a) Restoring Minnesota's Fish and Wildlife
 20.33  Habitat Corridors-Phase III                           4,062,000
 20.34  $2,031,000 the first year and 
 20.35  $2,031,000 the second year are from the 
 20.36  trust fund to the commissioner of 
 20.37  natural resources for the third 
 20.38  biennium for acceleration of agency 
 20.39  programs and cooperative agreements 
 20.40  with Pheasants Forever, Minnesota Deer 
 20.41  Hunters Association, Ducks Unlimited, 
 20.42  Inc., National Wild Turkey Federation, 
 20.43  the Nature Conservancy, Minnesota Land 
 20.44  Trust, the Trust for Public Land, 
 20.45  Minnesota Valley National Wildlife 
 20.46  Refuge Trust, Inc., U.S. Fish and 
 20.47  Wildlife Service, Red Lake Band of 
 20.48  Chippewa, Leech Lake Band of Chippewa, 
 20.49  Fond du Lac Band of Chippewa, 
 20.50  USDA-Natural Resources Conservation 
 20.51  Service, and the Board of Water and 
 20.52  Soil Resources to plan, restore, and 
 20.53  acquire fragmented landscape corridors 
 20.54  that connect areas of quality habitat 
 20.55  to sustain fish, wildlife, and plants.  
 20.56  Expenditures are limited to the 11 
 20.57  project areas as defined in the work 
 20.58  program.  Land acquired with this 
 20.59  appropriation must be sufficiently 
 20.60  improved to meet at least minimum 
 21.1   habitat and facility management 
 21.2   standards as determined by the 
 21.3   commissioner of natural resources.  
 21.4   This appropriation may not be used for 
 21.5   the purchase of residential structures, 
 21.6   unless expressly approved in the work 
 21.7   program.  Any land acquired in fee 
 21.8   title by the commissioner of natural 
 21.9   resources with money from this 
 21.10  appropriation must be designated:  (1) 
 21.11  as an outdoor recreation unit under 
 21.12  Minnesota Statutes, section 86A.07; or 
 21.13  (2) as provided in Minnesota Statutes, 
 21.14  sections 89.018, subdivision 2, 
 21.15  paragraph (a); 97A.101; 97A.125; 
 21.16  97C.001; and 97C.011.  The commissioner 
 21.17  may similarly designate any lands 
 21.18  acquired in less than fee title.  This 
 21.19  appropriation is available until June 
 21.20  30, 2008, at which time the project 
 21.21  must be completed and final products 
 21.22  delivered, unless an earlier date is 
 21.23  specified in the work program. 
 21.24  (b) Metropolitan Area Wildlife
 21.25  Corridors-Phase II                                    3,530,000
 21.26  $1,765,000 the first year and 
 21.27  $1,765,000 the second year are from the 
 21.28  trust fund to the commissioner of 
 21.29  natural resources for the second 
 21.30  biennium for acceleration of agency 
 21.31  programs and cooperative agreements 
 21.32  with the Trust for Public Land, Ducks 
 21.33  Unlimited, Inc., Friends of the 
 21.34  Mississippi River, Great River 
 21.35  Greening, Minnesota Land Trust, 
 21.36  Minnesota Valley National Wildlife 
 21.37  Refuge Trust, Inc., Pheasants Forever, 
 21.38  Inc., and Friends of the Minnesota 
 21.39  Valley for the purposes of planning, 
 21.40  improving, and protecting important 
 21.41  natural areas in the metropolitan 
 21.42  region, as defined by Minnesota 
 21.43  Statutes, section 473.121, subdivision 
 21.44  2, and portions of the surrounding 
 21.45  counties, through grants, contracted 
 21.46  services, conservation easements, and 
 21.47  fee acquisition.  Land acquired with 
 21.48  this appropriation must be sufficiently 
 21.49  improved to meet at least minimum 
 21.50  management standards as determined by 
 21.51  the commissioner of natural resources.  
 21.52  Expenditures are limited to the 
 21.53  identified project areas as defined in 
 21.54  the work program.  This appropriation 
 21.55  may not be used for the purchase of 
 21.56  residential structures, unless 
 21.57  expressly approved in the work 
 21.58  program.  Any land acquired in fee 
 21.59  title by the commissioner of natural 
 21.60  resources with money from this 
 21.61  appropriation must be designated:  (1) 
 21.62  as an outdoor recreation unit under 
 21.63  Minnesota Statutes, section 86A.07; or 
 21.64  (2) as provided in Minnesota Statutes, 
 21.65  sections 89.018, subdivision 2, 
 21.66  paragraph (a); 97A.101; 97A.125; 
 21.67  97C.001; and 97C.011.  The commissioner 
 21.68  may similarly designate any lands 
 21.69  acquired in less than fee title.  This 
 22.1   appropriation is available until June 
 22.2   30, 2008, at which time the project 
 22.3   must be completed and final products 
 22.4   delivered, unless an earlier date is 
 22.5   specified in the work program. 
 22.6   (c) Development of Scientific and Natural Areas         134,000
 22.7   $67,000 the first year and $67,000 the 
 22.8   second year are from the trust fund to 
 22.9   the commissioner of natural resources 
 22.10  to develop and enhance lands designated 
 22.11  as scientific and natural areas.  This 
 22.12  appropriation is available until June 
 22.13  30, 2008, at which time the project 
 22.14  must be completed and final products 
 22.15  delivered, unless an earlier date is 
 22.16  specified in the work program. 
 22.17  (d) Prairie Stewardship of Private Lands                100,000
 22.18  $50,000 the first year and $50,000 the 
 22.19  second year are from the trust fund to 
 22.20  the commissioner of natural resources 
 22.21  to develop stewardship plans and 
 22.22  implement prairie management on private 
 22.23  prairie lands on a cost-share basis 
 22.24  with private or federal funds.  This 
 22.25  appropriation is available until June 
 22.26  30, 2008, at which time the project 
 22.27  must be completed and final products 
 22.28  delivered, unless an earlier date is 
 22.29  specified in the work program. 
 22.30  (e) Local Initiative Grants-Conservation
 22.31  Partners and Environmental Partnerships                 500,000
 22.32  $250,000 the first year and $250,000 
 22.33  the second year are from the trust fund 
 22.34  to the commissioner of natural 
 22.35  resources to provide matching grants of 
 22.36  up to $20,000 to local government and 
 22.37  private organizations for enhancement, 
 22.38  restoration, research, and education 
 22.39  associated with natural habitat and 
 22.40  environmental service projects.  
 22.41  Subdivision 16 applies to grants 
 22.42  awarded in the approved work program.  
 22.43  This appropriation is available until 
 22.44  June 30, 2008, at which time the 
 22.45  project must be completed and final 
 22.46  products delivered, unless an earlier 
 22.47  date is specified in the work program. 
 22.48  (f) Minnesota ReLeaf Community Forest
 22.49  Development and Protection                              500,000
 22.50  $250,000 the first year and $250,000 
 22.51  the second year are from the trust fund 
 22.52  to the commissioner of natural 
 22.53  resources for acceleration of the 
 22.54  agency program and a cooperative 
 22.55  agreement with Tree Trust to protect 
 22.56  forest resources, develop 
 22.57  inventory-based management plans, and 
 22.58  provide matching grants to communities 
 22.59  to plant native trees.  At least 
 22.60  $390,000 of this appropriation must be 
 22.61  used for grants to communities.  For 
 22.62  the purposes of this paragraph, the 
 22.63  match must be a nonstate contribution, 
 23.1   but may be either cash or qualifying 
 23.2   in-kind.  This appropriation is 
 23.3   available until June 30, 2008, at which 
 23.4   time the project must be completed and 
 23.5   final projects delivered, unless an 
 23.6   earlier date is specified in the work 
 23.7   program. 
 23.8   (g) Integrated and Pheromonal Control of
 23.9   Common Carp                                             550,000
 23.10  $275,000 the first year and $275,000 
 23.11  the second year are from the trust fund 
 23.12  to the University of Minnesota for the 
 23.13  second biennium to research new options 
 23.14  for controlling common carp.  This 
 23.15  appropriation is available until June 
 23.16  30, 2009, at which time the project 
 23.17  must be completed and final products 
 23.18  delivered, unless an earlier date is 
 23.19  specified in the work program. 
 23.20  (h) Biological Control of European Buckthorn
 23.21  and Garlic Mustard                                      200,000
 23.22  $100,000 the first year and $100,000 
 23.23  the second year are from the trust fund 
 23.24  to the commissioner of natural 
 23.25  resources to research potential insects 
 23.26  for biological control of invasive 
 23.27  European buckthorn species for the 
 23.28  second biennium and to introduce and 
 23.29  evaluate insects for biological control 
 23.30  of garlic mustard.  This appropriation 
 23.31  is available until June 30, 2008, at 
 23.32  which time the project must be 
 23.33  completed and final products delivered, 
 23.34  unless an earlier date is specified in 
 23.35  the work program. 
 23.36  (i) Land Exchange Revolving Fund for
 23.37  Aitkin, Cass, and Crow Wing Counties                    500,000
 23.38  $250,000 the first year and $250,000 
 23.39  the second year are from the trust fund 
 23.40  to the commissioner of natural 
 23.41  resources for an agreement with Aitkin 
 23.42  County for a six-year revolving loan 
 23.43  fund to improve public and private land 
 23.44  ownership patterns, increase management 
 23.45  efficiency, and protect critical 
 23.46  habitat in Aitkin, Cass, and Crow Wing 
 23.47  Counties.  By June 30, 2011, Aitkin 
 23.48  County shall repay the $500,000 to the 
 23.49  commissioner of finance for deposit in 
 23.50  the environment and natural resources 
 23.51  trust fund. 
 23.52  Subd. 6.  Recreation                   7,160,000      5,559,000
 23.53                Summary by Fund
 23.54  Trust Fund            5,560,000     5,559,000
 23.55  State Land and Water Conservation
 23.56  Account (LAWCON)      1,600,000       -0-
 23.57  (a) State Park and Recreation Area
 23.58  Land Acquisition                                      2,000,000
 23.59  $1,000,000 the first year and 
 24.1   $1,000,000 the second year are from the 
 24.2   trust fund to the commissioner of 
 24.3   natural resources to acquire 
 24.4   in-holdings for state park and 
 24.5   recreation areas.  Land acquired with 
 24.6   this appropriation must be sufficiently 
 24.7   improved to meet at least minimum 
 24.8   management standards as determined by 
 24.9   the commissioner of natural resources.  
 24.10  This appropriation is available until 
 24.11  June 30, 2008, at which time the 
 24.12  project must be completed and final 
 24.13  products delivered, unless an earlier 
 24.14  date is specified in the work program. 
 24.15  (b) LAWCON Federal Reimbursements                     1,600,000
 24.16  $1,600,000 is from the State Land and 
 24.17  Water Conservation Account (LAWCON) in 
 24.18  the natural resources fund to the 
 24.19  commissioner of natural resources for 
 24.20  priorities established by the 
 24.21  commissioner for eligible state 
 24.22  projects and administrative and 
 24.23  planning activities consistent with 
 24.24  Minnesota Statutes, section 116P.14, 
 24.25  and the federal Land and Water 
 24.26  Conservation Fund Act.  Subdivision 16 
 24.27  applies to grants awarded in the 
 24.28  approved work program.  This 
 24.29  appropriation is contingent upon 
 24.30  receipt of the federal obligation and 
 24.31  remains available until June 30, 2008, 
 24.32  at which time the project must be 
 24.33  completed and final products delivered, 
 24.34  unless an earlier date is specified in 
 24.35  the work program. 
 24.36  (c) State Park and Recreation Area
 24.37  Revenue-Enhancing Development                           200,000
 24.38  $100,000 the first year and $100,000 
 24.39  the second year are from the trust fund 
 24.40  to the commissioner of natural 
 24.41  resources to enhance revenue generation 
 24.42  in the state's park and recreation 
 24.43  system. 
 24.44  (d) Best Management Practices for Parks
 24.45  and Outdoor Recreation                                  200,000
 24.46  $100,000 the first year and $100,000 
 24.47  the second year are from the trust fund 
 24.48  to the commissioner of natural 
 24.49  resources for an agreement with the 
 24.50  Minnesota Recreation and Park 
 24.51  Association to develop and evaluate 
 24.52  opportunities to more efficiently 
 24.53  manage Minnesota's parks and outdoor 
 24.54  recreation areas. 
 24.55  (e) Metropolitan Regional Parks Acquisition,
 24.56  Rehabilitation, and Development                       2,000,000
 24.57  $1,000,000 the first year and 
 24.58  $1,000,000 the second year are from the 
 24.59  trust fund to the Metropolitan Council 
 24.60  for subgrants for the acquisition, 
 24.61  development, and rehabilitation in the 
 24.62  metropolitan regional park system, 
 24.63  consistent with the Metropolitan 
 25.1   Council regional recreation open space 
 25.2   capital improvement plan.  This 
 25.3   appropriation may not be used for the 
 25.4   purchase of residential structures, may 
 25.5   be used to reimburse implementing 
 25.6   agencies for acquisition as expressly 
 25.7   approved in the work program, and must 
 25.8   be matched by at least 40 percent of 
 25.9   nonstate money.  Subdivision 16 applies 
 25.10  to grants awarded in the approved work 
 25.11  program.  This appropriation is 
 25.12  available until June 30, 2008, at which 
 25.13  time the project must be completed and 
 25.14  final products delivered, unless an 
 25.15  earlier date is specified in the work 
 25.16  program.  If a project financed under 
 25.17  this program receives a federal grant 
 25.18  award, the availability of the 
 25.19  financing from this paragraph for that 
 25.20  project is extended to equal the period 
 25.21  of the federal grant. 
 25.22  (f) Gitchi-Gami State Trail                             500,000
 25.23  $250,000 the first year and $250,000 
 25.24  the second year are from the trust fund 
 25.25  to the commissioner of natural 
 25.26  resources, in cooperation with the 
 25.27  Gitchi-Gami Trail Association, for the 
 25.28  fourth biennium, to design and 
 25.29  construct approximately two miles of 
 25.30  Gitchi-Gami State Trail segments.  This 
 25.31  appropriation is available until June 
 25.32  30, 2008, at which time the project 
 25.33  must be completed and final products 
 25.34  delivered.  If this project receives a 
 25.35  federal grant award, the availability 
 25.36  of the financing from this paragraph 
 25.37  for the project is extended to equal 
 25.38  the period of the federal grant. 
 25.39  (g) Casey Jones State Trail                           1,200,000
 25.40  $600,000 the first year and $600,000 
 25.41  the second year are from the trust fund 
 25.42  to the commissioner of natural 
 25.43  resources in cooperation with the 
 25.44  Friends of the Casey Jones Trail 
 25.45  Association for land acquisition and 
 25.46  development of the Casey Jones State 
 25.47  Trail in southwest Minnesota.  This 
 25.48  appropriation is available until June 
 25.49  30, 2008, at which time the project 
 25.50  must be completed and final products 
 25.51  delivered.  If this project receives a 
 25.52  federal grant award, the availability 
 25.53  of the financing from this paragraph 
 25.54  for the project is extended to equal 
 25.55  the period of the federal grant. 
 25.56  (h) Paul Bunyan State Trail Connection                  400,000
 25.57  $200,000 the first year and $200,000 
 25.58  the second year are from the trust fund 
 25.59  to the commissioner of natural 
 25.60  resources to acquire land to connect 
 25.61  the Paul Bunyan State Trail within the 
 25.62  city of Bemidji. 
 25.63  (i) Minnesota River Trail Planning                      200,000
 26.1   $100,000 the first year and $100,000 
 26.2   the second year are from the trust fund 
 26.3   to the commissioner of natural 
 26.4   resources for an agreement with the 
 26.5   University of Minnesota to provide 
 26.6   trail planning assistance to three 
 26.7   communities along the Minnesota River 
 26.8   State Trail. 
 26.9   (j) Local Initiative Grants-Parks and Natural Areas   1,200,000
 26.10  $600,000 the first year and $600,000 
 26.11  the second year are from the trust fund 
 26.12  to the commissioner of natural 
 26.13  resources to provide matching grants to 
 26.14  local governments for acquisition and 
 26.15  development of natural and scenic areas 
 26.16  and local parks as provided in 
 26.17  Minnesota Statutes, section 85.019, 
 26.18  subdivisions 2 and 4a, and regional 
 26.19  parks outside of the metropolitan 
 26.20  area.  Grants may provide up to 50 
 26.21  percent of the nonfederal share of the 
 26.22  project cost, except nonmetropolitan 
 26.23  regional park grants may provide up to 
 26.24  60 percent of the nonfederal share of 
 26.25  the project cost.  $500,000 of this 
 26.26  appropriation is for land acquisition 
 26.27  for a proposed county regional park on 
 26.28  Kraemer Lake in Stearns County.  The 
 26.29  commission will monitor the grants for 
 26.30  approximate balance over extended 
 26.31  periods of time between the 
 26.32  metropolitan area, under Minnesota 
 26.33  Statutes, section 473.121, subdivision 
 26.34  2, and the nonmetropolitan area through 
 26.35  work program oversight and periodic 
 26.36  allocation decisions.  For the purposes 
 26.37  of this paragraph, the match must be a 
 26.38  nonstate contribution, but may be 
 26.39  either cash or qualifying in-kind.  
 26.40  Recipients may receive funding for more 
 26.41  than one project in any given grant 
 26.42  period.  Subdivision 16 applies to 
 26.43  grants awarded in the approved work 
 26.44  program.  This appropriation is 
 26.45  available until June 30, 2008, at which 
 26.46  time the project must be completed and 
 26.47  final products delivered. 
 26.48  (k) Regional Park Planning for Nonmetropolitan
 26.49  Urban Areas                                              86,000
 26.50  $43,000 the first year and $43,000 the 
 26.51  second year are from the trust fund to 
 26.52  the commissioner of natural resources 
 26.53  for an agreement with the University of 
 26.54  Minnesota to develop a plan for a 
 26.55  system of regional recreation areas for 
 26.56  major outstate urban complexes in 
 26.57  Minnesota. 
 26.58  (l) Local and Regional Trail Grant Initiative Program   700,000
 26.59  $350,000 the first year and $350,000 
 26.60  the second year are from the trust fund 
 26.61  to the commissioner of natural 
 26.62  resources to provide matching grants to 
 26.63  local units of government for the cost 
 26.64  of acquisition, development, 
 26.65  engineering services, and enhancement 
 27.1   of existing and new trail facilities.  
 27.2   Subdivision 16 applies to grants 
 27.3   awarded in the approved work program.  
 27.4   This appropriation is available until 
 27.5   June 30, 2008, at which time the 
 27.6   project must be completed and final 
 27.7   products delivered, unless an earlier 
 27.8   date is specified in the work program.  
 27.9   In addition, if a project financed 
 27.10  under this program receives a federal 
 27.11  grant award, the availability of the 
 27.12  financing from this paragraph for that 
 27.13  project is extended to equal the period 
 27.14  of the federal grant. 
 27.15  (m) Mesabi Trail                                      1,000,000
 27.16  $500,000 the first year and $500,000 
 27.17  the second year are from the trust fund 
 27.18  to the commissioner of natural 
 27.19  resources for an agreement with St. 
 27.20  Louis and Lake Counties Regional Rail 
 27.21  Authority for the seventh biennium to 
 27.22  acquire and develop segments for the 
 27.23  Mesabi Trail.  This appropriation is 
 27.24  available until June 30, 2008, at which 
 27.25  time the project must be completed and 
 27.26  final products delivered.  If this 
 27.27  project receives a federal grant award, 
 27.28  the availability of the financing from 
 27.29  this paragraph for the project is 
 27.30  extended to equal the period of the 
 27.31  federal grant. 
 27.32  (n) Cannon Valley Trail Belle Creek Bridge
 27.33  Replacement                                             300,000
 27.34  $150,000 the first year and $150,000 
 27.35  the second year are from the trust fund 
 27.36  to the commissioner of natural 
 27.37  resources for an agreement with the 
 27.38  Cannon Valley Trail Joint Powers Board 
 27.39  for bridge replacement of the Belle 
 27.40  Creek Bridge on the Cannon Valley 
 27.41  Trail.  This appropriation must be 
 27.42  matched by at least $44,000 of nonstate 
 27.43  money. 
 27.44  (o) Arrowhead Regional Bike Trail Connections Plan       83,000
 27.45  $42,000 the first year and $41,000 the 
 27.46  second year are from the trust fund to 
 27.47  the commissioner of natural resources 
 27.48  for an agreement with the Arrowhead 
 27.49  Regional Development Commission to 
 27.50  analyze the Arrowhead's major bike 
 27.51  trails and plan new trail connections. 
 27.52  (p) Land Acquisition, Minnesota Landscape Arboretum     650,000
 27.53  $325,000 the first year and $325,000 
 27.54  the second year are from the trust fund 
 27.55  to the University of Minnesota for an 
 27.56  agreement with the University of 
 27.57  Minnesota Landscape Arboretum 
 27.58  Foundation for the sixth biennium to 
 27.59  acquire land from willing sellers.  
 27.60  This appropriation must be matched by 
 27.61  an equal amount of nonstate money.  
 27.62  This appropriation is available until 
 27.63  June 30, 2008, at which time the 
 28.1   project must be completed and final 
 28.2   products delivered, unless an earlier 
 28.3   date is specified in the work program. 
 28.4   (q) Development and Rehabilitation of Minnesota
 28.5   Shooting Ranges                                         300,000
 28.6   $150,000 the first year and $150,000 
 28.7   the second year are from the trust fund 
 28.8   to the commissioner of natural 
 28.9   resources to provide technical 
 28.10  assistance and matching grants to local 
 28.11  communities and recreational shooting 
 28.12  and archery clubs for the purpose of 
 28.13  developing or rehabilitating shooting 
 28.14  and archery facilities for public use.  
 28.15  Recipient facilities must be open to 
 28.16  the general public at reasonable times 
 28.17  and for a reasonable fee on a walk-in 
 28.18  basis.  This appropriation is available 
 28.19  until June 30, 2008, at which time the 
 28.20  project must be completed and final 
 28.21  products delivered, unless an earlier 
 28.22  date is specified in the work program. 
 28.23  (r) Birding Maps                                        100,000
 28.24  $50,000 the first year and $50,000 the 
 28.25  second year are from the trust fund to 
 28.26  the commissioner of natural resources 
 28.27  for an agreement with Audubon Minnesota 
 28.28  to create a new birding trail guide for 
 28.29  the North Shore/Arrowhead region and 
 28.30  reprint and distribute guides for three 
 28.31  existing birding trails. 
 28.32  Subd. 7.  Water Resources              3,027,000      3,000,000
 28.33                Summary by Fund
 28.34  Trust Fund            2,999,000     3,000,000
 28.35  Great Lakes Protection
 28.36  Account                                28,000
 28.37  (a) Local Water Management Matching Challenge Grants  1,000,000
 28.38  $500,000 the first year and $500,000 
 28.39  the second year are from the trust fund 
 28.40  to the Board of Water and Soil 
 28.41  Resources to accelerate the local water 
 28.42  management challenge grant program 
 28.43  under Minnesota Statutes, sections 
 28.44  103B.3361 to 103B.3369, through 
 28.45  matching grants to implement high 
 28.46  priority activities in state-approved 
 28.47  comprehensive water management plans.  
 28.48  For the purposes of this paragraph, the 
 28.49  match must be a nonstate contribution, 
 28.50  but may be either cash or qualifying 
 28.51  in-kind.  The grants may be provided on 
 28.52  an advance basis as specified in the 
 28.53  work program.  This appropriation is 
 28.54  available until June 30, 2008, at which 
 28.55  time the project must be completed and 
 28.56  final products delivered, unless an 
 28.57  earlier date is specified in the work 
 28.58  program. 
 28.59  (b) Accelerating and Enhancing Surface Water
 28.60  Monitoring for Lakes and Streams                        600,000
 29.1   $300,000 the first year and $300,000 
 29.2   the second year are from the trust fund 
 29.3   to the commissioner of the Pollution 
 29.4   Control Agency for acceleration of 
 29.5   agency programs and cooperative 
 29.6   agreements with the Minnesota Lakes 
 29.7   Association, Rivers Council of 
 29.8   Minnesota, and the University of 
 29.9   Minnesota to accelerate monitoring 
 29.10  efforts through assessments, citizen 
 29.11  training, and implementation grants.  
 29.12  This appropriation is available until 
 29.13  June 30, 2008, at which time the 
 29.14  project must be completed and final 
 29.15  products delivered, unless an earlier 
 29.16  date is specified in the work program. 
 29.17  (c) Effects of Land Retirements on the
 29.18  Minnesota River                                         300,000
 29.19  $150,000 the first year and $150,000 
 29.20  the second year are from the trust fund 
 29.21  to the Board of Water and Soil 
 29.22  Resources for a cooperative agreement 
 29.23  with the U.S. Geological Survey to 
 29.24  evaluate effects of retired or 
 29.25  set-aside agricultural lands on the 
 29.26  water quality and aquatic habitat of 
 29.27  streams in the Minnesota River Basin in 
 29.28  order to enhance prioritization of 
 29.29  future land retirements.  This 
 29.30  appropriation must be matched by an 
 29.31  equal amount of nonstate money.  This 
 29.32  appropriation is available until June 
 29.33  30, 2008, at which time the project 
 29.34  must be completed and final products 
 29.35  delivered, unless an earlier date is 
 29.36  specified in the work program. 
 29.37  (d) Recycling Treated Municipal Wastewater for
 29.38  Industrial Water Use                                    300,000
 29.39  $150,000 the first year and $150,000 
 29.40  the second year are from the trust fund 
 29.41  to the commissioner of natural 
 29.42  resources for an agreement with the 
 29.43  Metropolitan Council to determine the 
 29.44  feasibility of recycling treated 
 29.45  municipal wastewater for industrial 
 29.46  use, characterize industrial water 
 29.47  demand and quality, and determine the 
 29.48  costs to treat municipal wastewater to 
 29.49  meet specific industrial needs. 
 29.50  (e) Unwanted Hormone Therapy:  Protecting Water
 29.51  and Public Health                                       300,000
 29.52  $150,000 the first year and $150,000 
 29.53  the second year are from the trust fund 
 29.54  to the University of Minnesota to 
 29.55  determine where behavior-altering 
 29.56  estrogenic compounds come from and how 
 29.57  they are distributed in wastewater 
 29.58  treatment plants.  This appropriation 
 29.59  is available until June 30, 2008, at 
 29.60  which time the project must be 
 29.61  completed and final products delivered, 
 29.62  unless an earlier date is specified in 
 29.63  the work program. 
 30.1   (f) Climate Change Impacts on Minnesota's
 30.2   Aquatic Resources                                       250,000
 30.3   $125,000 the first year and $125,000 
 30.4   the second year are from the trust fund 
 30.5   to the University of Minnesota, Natural 
 30.6   Resources Research Institute, to 
 30.7   quantify climate, hydrologic, and 
 30.8   ecological variability and trends; and 
 30.9   identify indicators of future climate 
 30.10  change effects on aquatic systems.  
 30.11  This appropriation is available until 
 30.12  June 30, 2008, at which time the 
 30.13  project must be completed and final 
 30.14  products delivered, unless an earlier 
 30.15  date is specified in the work program. 
 30.16  (g) Green Roof Cost Share and Monitoring                350,000
 30.17  $175,000 the first year and $175,000 
 30.18  the second year are from the trust fund 
 30.19  to the commissioner of natural 
 30.20  resources for an agreement with Ramsey 
 30.21  Conservation District to install green, 
 30.22  vegetated roofs on four commercial or 
 30.23  industrial buildings in Roseville and 
 30.24  Falcon Heights and to monitor their 
 30.25  effectiveness for stormwater 
 30.26  management, flood reduction, water 
 30.27  quality, and energy efficiency.  The 
 30.28  cost of the installations must be 
 30.29  matched by at least 50 percent nonstate 
 30.30  money. 
 30.31  (h) Woodchip Biofilter Treatment of Feedlot Runoff      270,000
 30.32  $135,000 the first year and $135,000 
 30.33  the second year are from the trust fund 
 30.34  to the commissioner of natural 
 30.35  resources for agreements with Stearns 
 30.36  County Soil and Water Conservation 
 30.37  District and the University of 
 30.38  Minnesota to treat feedlot runoff with 
 30.39  woodchip biofilters to remove 
 30.40  pollutants and assess improvements to 
 30.41  surface water quality.  This 
 30.42  appropriation is available until June 
 30.43  30, 2008, at which time the project 
 30.44  must be completed and final products 
 30.45  delivered, unless an earlier date is 
 30.46  specified in the work program. 
 30.47  (i) Improving Water Quality on the Central Sands        587,000
 30.48  $294,000 the first year and $293,000 
 30.49  the second year are from the trust fund 
 30.50  to the commissioner of natural 
 30.51  resources for agreements with the 
 30.52  University of Minnesota and the Central 
 30.53  Lakes College Agricultural Center to 
 30.54  reduce nitrate and phosphorus losses to 
 30.55  groundwater and surface waters of sandy 
 30.56  ecoregions through the development, 
 30.57  promotion, and adoption of new farming 
 30.58  and land management practices and 
 30.59  techniques.  This appropriation is 
 30.60  available until June 30, 2008, at which 
 30.61  time the project must be completed and 
 30.62  final products delivered, unless an 
 30.63  earlier date is specified in the work 
 30.64  program. 
 31.1   (j) Improving Impaired Watersheds:  Conservation
 31.2   Drainage Research                                       300,000
 31.3   $150,000 the first year and $150,000 
 31.4   the second year are from the trust fund 
 31.5   to the commissioner of agriculture to 
 31.6   analyze conservation drainage systems 
 31.7   at University of Minnesota research and 
 31.8   outreach centers for opportunities to 
 31.9   retrofit drainage infrastructure with 
 31.10  water quality improvement 
 31.11  technologies.  This appropriation is 
 31.12  available until June 30, 2008, at which 
 31.13  time the project must be completed and 
 31.14  final products delivered, unless an 
 31.15  earlier date is specified in the work 
 31.16  program. 
 31.17  (k) Hydrology, Habitat, and Energy Potential
 31.18  of Mine Lakes                                           500,000
 31.19  $188,000 the first year and $211,000 
 31.20  the second year are from the trust fund 
 31.21  to the commissioner of natural 
 31.22  resources for agency work and 
 31.23  agreements with Architectural 
 31.24  Resources, Inc., and Northeast 
 31.25  Technical Services, Inc., for a 
 31.26  coordinated effort of the Central Iron 
 31.27  Range Initiative to establish ultimate 
 31.28  mine water elevations, outflows, and 
 31.29  quality; design optimum future mineland 
 31.30  configurations for fish habitat and 
 31.31  lakeshore development; and evaluate 
 31.32  wind-pumped hydropower potential.  
 31.33  $62,000 the first year and $39,000 the 
 31.34  second year are from the trust fund to 
 31.35  the Minnesota Geological Survey at the 
 31.36  University of Minnesota to assess the 
 31.37  geology and mine pit morphometry. 
 31.38  (l) Hennepin County Beach Water Quality
 31.39  Monitoring Project                                      100,000
 31.40  $50,000 the first year and $50,000 the 
 31.41  second year are from the trust fund to 
 31.42  the commissioner of natural resources 
 31.43  for an agreement with Hennepin County 
 31.44  to develop a predictive model for 
 31.45  on-site determination of beach water 
 31.46  quality to prevent outbreaks of 
 31.47  waterborne illnesses and provide 
 31.48  related water safety outreach to the 
 31.49  public. 
 31.50  (m) Southwest Minnesota Floodwater Retention Projects   500,000
 31.51  $250,000 the first year and $250,000 
 31.52  the second year are from the trust fund 
 31.53  to the commissioner of natural 
 31.54  resources for an agreement with Area II 
 31.55  MN River Basin Projects, Inc., to 
 31.56  acquire easements and construct four 
 31.57  floodwater retention projects in the 
 31.58  Minnesota River Basin to improve water 
 31.59  quality and waterfowl habitat. 
 31.60  (n) Upgrades to Blue Heron Research Vessel              295,000
 31.61  $28,000 is from the Great Lakes 
 31.62  protection account in the first year 
 32.1   and $133,000 the first year and 
 32.2   $134,000 the second year are from the 
 32.3   trust fund to the University of 
 32.4   Minnesota, Large Lakes Observatory, to 
 32.5   upgrade and overhaul the Blue Heron 
 32.6   Research Vessel. 
 32.7   (o) Bassett Creek Valley Channel Restoration            175,000
 32.8   $87,000 the first year and $88,000 the 
 32.9   second year are from the trust fund to 
 32.10  the commissioner of natural resources 
 32.11  for an agreement with the city of 
 32.12  Minneapolis for design and engineering 
 32.13  activities for habitat restoration and 
 32.14  water quality and channel improvements 
 32.15  for Bassett Creek Valley. 
 32.16  (p) Restoration of Indian Lake                          200,000
 32.17  $100,000 the first year and $100,000 
 32.18  the second year are from the trust fund 
 32.19  to the commissioner of natural 
 32.20  resources for agreements with MN 
 32.21  Environmental Services and Bemidji 
 32.22  State University to demonstrate the 
 32.23  removal of excess nutrients from Indian 
 32.24  Lake in Wright County.  This 
 32.25  appropriation is available until June 
 32.26  30, 2008, at which time the project 
 32.27  must be completed and final products 
 32.28  delivered, unless an earlier date is 
 32.29  specified in the work program, and is 
 32.30  contingent on all appropriate permits 
 32.31  being obtained. 
 32.32  Subd. 8.  Land Use and Natural Resource
 32.33  Information                            1,000,000      1,000,000
 32.34                Summary by Fund
 32.35  Trust Fund            1,000,000     1,000,000
 32.36  (a) Minnesota County Biological Survey                1,000,000
 32.37  $500,000 the first year and $500,000 
 32.38  the second year are from the trust fund 
 32.39  to the commissioner of natural 
 32.40  resources for the tenth biennium to 
 32.41  accelerate the survey that identifies 
 32.42  significant natural areas and 
 32.43  systematically collects and interprets 
 32.44  data on the distribution and ecology of 
 32.45  native plant communities, rare plants, 
 32.46  and rare animals. 
 32.47  (b) Soil Survey                                         500,000
 32.48  $250,000 the first year and $250,000 
 32.49  the second year are from the trust fund 
 32.50  to the Board of Water and Soil 
 32.51  Resources to accelerate digitizing of 
 32.52  completed soil surveys for Web-based 
 32.53  user application and for agreements 
 32.54  with Pine and Crow Wing Counties to 
 32.55  begin soil surveys.  The new soil 
 32.56  surveys must be done on a cost-share 
 32.57  basis with local and federal funds.  
 32.58  This appropriation is available until 
 32.59  June 30, 2008, at which time the 
 32.60  project must be completed and final 
 33.1   products delivered, unless an earlier 
 33.2   date is specified in the work program. 
 33.3   (c) Land Cover Mapping for Natural Resource Protection  250,000
 33.4   $125,000 the first year and $125,000 
 33.5   the second year are from the trust fund 
 33.6   to the commissioner of natural 
 33.7   resources for an agreement with 
 33.8   Hennepin County to develop GIS tools 
 33.9   for prioritizing natural areas for 
 33.10  protection and restoration and to 
 33.11  update and complete land cover 
 33.12  classification mapping. 
 33.13  (d) Open Space Planning and Protection                  250,000
 33.14  $125,000 the first year and $125,000 
 33.15  the second year are from the trust fund 
 33.16  to the commissioner of natural 
 33.17  resources for an agreement with Anoka 
 33.18  Conservation District to protect open 
 33.19  space by identifying high priority 
 33.20  natural resource corridors through 
 33.21  planning, conservation easements, and 
 33.22  land dedication as part of development 
 33.23  processes. 
 33.24  Subd. 9.  Agriculture and Natural
 33.25  Resource Industries                    1,342,000      1,341,000
 33.26                Summary by Fund
 33.27  Trust Fund            1,342,000     1,341,000
 33.28  (a) Completing Third-Party Certification
 33.29  of DNR Forest Lands                                     250,000
 33.30  $125,000 the first year and $125,000 
 33.31  the second year are from the trust fund 
 33.32  to the commissioner of natural 
 33.33  resources for third-party assessment 
 33.34  and certification of 4,470,000 acres of 
 33.35  DNR-administered lands under forest 
 33.36  sustainability standards established by 
 33.37  two internationally recognized forest 
 33.38  certification systems, the Forest 
 33.39  Stewardship Council system, and the 
 33.40  Sustainable Forestry Initiative system. 
 33.41  (b) Third-Party Certification of Private Woodlands      376,000
 33.42  $188,000 the first year and $188,000 
 33.43  the second year are from the trust fund 
 33.44  to the University of Minnesota, Cloquet 
 33.45  Forestry Center, to pilot a third-party 
 33.46  certification assessment framework for 
 33.47  nonindustrial private forest owners. 
 33.48  (c) Sustainable Management of Private Forest Lands      874,000
 33.49  $437,000 the first year and $437,000 
 33.50  the second year are from the trust fund 
 33.51  to the commissioner of natural 
 33.52  resources to develop stewardship plans 
 33.53  for private forested lands, implement 
 33.54  stewardship plans on a cost-share basis 
 33.55  and for conservation easements matching 
 33.56  federal funds.  This appropriation is 
 33.57  available until June 30, 2008, at which 
 33.58  time the project must be completed and 
 34.1   final products delivered, unless an 
 34.2   earlier date is specified in the work 
 34.3   program. 
 34.4   (d) Evaluating Riparian Timber Harvesting
 34.5   Guidelines:  Phase 2                                    333,000
 34.6   $167,000 the first year and $166,000 
 34.7   the second year are from the trust fund 
 34.8   to the University of Minnesota for a 
 34.9   second biennium to assess the timber 
 34.10  harvesting riparian management 
 34.11  guidelines for postharvest impacts on 
 34.12  terrestrial, aquatic, and wildlife 
 34.13  habitat.  This appropriation is 
 34.14  available until June 30, 2008, at which 
 34.15  time the project must be completed and 
 34.16  final products delivered, unless an 
 34.17  earlier date is specified in the work 
 34.18  program. 
 34.19  (e) Third Crops for Water Quality-Phase 2                 500,000
 34.20  $250,000 the first year and $250,000 
 34.21  the second year are from the trust fund 
 34.22  to the commissioner of natural 
 34.23  resources for cooperative agreements 
 34.24  with Rural Advantage and the University 
 34.25  of Minnesota to accelerate adoption of 
 34.26  third crops to enhance water quality, 
 34.27  diversify cropping systems, supply 
 34.28  bioenergy, and provide wildlife habitat 
 34.29  through demonstration, research, and 
 34.30  education.  This appropriation is 
 34.31  available until June 30, 2008, at which 
 34.32  time the project must be completed and 
 34.33  final products delivered, unless an 
 34.34  earlier date is specified in the work 
 34.35  program. 
 34.36  (f) Bioconversion of Potato Waste into
 34.37  Marketable Biopolymers                                  350,000
 34.38  $175,000 the first year and $175,000 
 34.39  the second year are from the trust fund 
 34.40  to the commissioner of natural 
 34.41  resources for an agreement with Bemidji 
 34.42  State University to evaluate the 
 34.43  bioconversion of potato waste into 
 34.44  plant-based plastics.  This 
 34.45  appropriation is available until June 
 34.46  30, 2008, at which time the project 
 34.47  must be completed and final products 
 34.48  delivered, unless an earlier date is 
 34.49  specified in the work program. 
 34.50  Subd. 10.  Energy                      1,896,000      1,896,000
 34.51                Summary by Fund
 34.52  Trust Fund            1,896,000     1,896,000
 34.53  (a) Clean Energy Resource Teams and Community Wind
 34.54  Energy Rebate Programs                                  700,000
 34.55  $350,000 the first year and $350,000 
 34.56  the second year are from the trust fund 
 34.57  to the commissioner of commerce.  
 34.58  $300,000 of this appropriation is to 
 34.59  provide technical assistance to 
 34.60  implement cost-effective conservation, 
 35.1   energy efficiency, and renewable energy 
 35.2   projects.  $400,000 of this 
 35.3   appropriation is to assist two 
 35.4   Minnesota communities in developing 
 35.5   locally owned wind energy projects by 
 35.6   offering financial assistance rebates. 
 35.7   (b) Planning for Economic Development
 35.8   via Energy Independence                                 240,000
 35.9   $120,000 the first year and $120,000 
 35.10  the second year are from the trust fund 
 35.11  to the commissioner of natural 
 35.12  resources for an agreement with the 
 35.13  University of Minnesota-Duluth to 
 35.14  evaluate the socioeconomic benefits of 
 35.15  statewide and community renewable 
 35.16  energy production and distribution by 
 35.17  analyzing system installation, 
 35.18  technical capabilities, 
 35.19  cost-competitiveness, economic impacts, 
 35.20  and policy incentives. 
 35.21  (c) Manure Methane Digester Compatible Wastes
 35.22  and Electrical Generation                               100,000
 35.23  $50,000 the first year and $50,000 the 
 35.24  second year are from the trust fund to 
 35.25  the commissioner of agriculture to 
 35.26  research the potential for a centrally 
 35.27  located, multifarm manure digester and 
 35.28  the potential use of compatible waste 
 35.29  streams with manure digesters. 
 35.30  (d) Dairy Farm Digesters                                336,000
 35.31  $168,000 the first year and $168,000 
 35.32  the second year are from the trust fund 
 35.33  to the commissioner of natural 
 35.34  resources for an agreement with the 
 35.35  Minnesota Project for a pilot project 
 35.36  to evaluate anaerobic digester 
 35.37  technology on average size dairy farms 
 35.38  of 50 to 300 cows. 
 35.39  (e) Wind to Hydrogen Demonstration                      800,000
 35.40  $400,000 the first year and $400,000 
 35.41  the second year are from the trust fund 
 35.42  to the commissioner of natural 
 35.43  resources for an agreement with the 
 35.44  University of Minnesota, West Central 
 35.45  Research and Outreach Center, to 
 35.46  develop a model community-scale 
 35.47  wind-to-hydrogen facility. 
 35.48  (f) Natural Gas Production from
 35.49  Agricultural Biomass                                    100,000
 35.50  $50,000 the first year and $50,000 the 
 35.51  second year are from the trust fund to 
 35.52  the commissioner of natural resources 
 35.53  for an agreement with Sebesta Blomberg 
 35.54  and Associates to demonstrate potential 
 35.55  natural gas yield using anaerobic 
 35.56  digestion of blends of chopped grasses 
 35.57  or crop residue with hog manure and 
 35.58  determine optimum operating conditions 
 35.59  for conversion to natural gas. 
 35.60  (g) Biomass-Derived Oils for Generating Electricity
 36.1   and Reducing Emissions                                  150,000
 36.2   $75,000 the first year and $75,000 the 
 36.3   second year are from the trust fund to 
 36.4   the University of Minnesota to evaluate 
 36.5   the environmental and performance 
 36.6   benefits of using renewable 
 36.7   biomass-derived oils, such as soybean 
 36.8   oil, for generating electricity. 
 36.9   (h) Phillips Biomass Community Energy System            900,000
 36.10  $450,000 the first year and $450,000 
 36.11  the second year are from the trust fund 
 36.12  to the commissioner of natural 
 36.13  resources for an agreement with 
 36.14  Phillips Community Energy Cooperative 
 36.15  to assist in the distribution system 
 36.16  equipment and construction costs for a 
 36.17  biomass district energy system.  This 
 36.18  appropriation is contingent on all 
 36.19  appropriate permits being obtained and 
 36.20  a signed commitment of financing for 
 36.21  the biomass electrical generating 
 36.22  facility being in place. 
 36.23  (i) Laurentian Energy Authority Biomass Project         466,000
 36.24  $233,000 the first year and $233,000 
 36.25  the second year are from the trust fund 
 36.26  to the commissioner of natural 
 36.27  resources for an agreement with 
 36.28  Virginia Public Utility to lease land 
 36.29  and plant approximately 1,000 acres of 
 36.30  trees to support a proposed conversion 
 36.31  to a biomass power plant. 
 36.32  Subd. 11.  Environmental Education       360,000        360,000
 36.33                Summary by Fund
 36.34  Trust Fund              360,000       360,000
 36.35  (a) Enhancing Civic Understanding of Groundwater        150,000
 36.36  $75,000 the first year and $75,000 the 
 36.37  second year are from the trust fund to 
 36.38  the commissioner of natural resources 
 36.39  for an agreement with the Science 
 36.40  Museum of Minnesota to create 
 36.41  groundwater exhibits and a statewide 
 36.42  traveling groundwater classroom 
 36.43  program.  This appropriation is 
 36.44  available until June 30, 2008, at which 
 36.45  time the project must be completed and 
 36.46  final products delivered, unless an 
 36.47  earlier date is specified in the work 
 36.48  program. 
 36.49  (b) Cedar Creek Natural History Area Interpretive
 36.50  Center and Restoration                                  400,000
 36.51  $200,000 the first year and $200,000 
 36.52  the second year are from the trust fund 
 36.53  to the commissioner of natural 
 36.54  resources for an agreement with the 
 36.55  University of Minnesota, Cedar Creek 
 36.56  Natural History Area, to restore 400 
 36.57  acres of savanna and prairie; construct 
 36.58  a Science Interpretive Center to 
 36.59  publicly demonstrate technologies for 
 37.1   energy efficiency; and create 
 37.2   interpretive trails.  This 
 37.3   appropriation is available until June 
 37.4   30, 2008, at which time the project 
 37.5   must be completed and final products 
 37.6   delivered, unless an earlier date is 
 37.7   specified in the work program. 
 37.8   (c) Environmental Problem-Solving Model
 37.9   for Twin Cities Schools                                  75,000
 37.10  $38,000 the first year and $37,000 the 
 37.11  second year are from the trust fund to 
 37.12  the commissioner of natural resources 
 37.13  for an agreement with Eco Education to 
 37.14  train high school students and teachers 
 37.15  on environmental problem solving. 
 37.16  (d) Tamarack Nature Center Exhibits                      95,000
 37.17  $47,000 the first year and $48,000 the 
 37.18  second year are from the trust fund to 
 37.19  the commissioner of natural resources 
 37.20  for an agreement with Ramsey County 
 37.21  Parks and Recreation Department to 
 37.22  develop interactive ecological exhibits 
 37.23  at Tamarack Nature Center. 
 37.24  Subd. 12.  Children's Environmental
 37.25  Health                                   100,000        100,000
 37.26                Summary by Fund
 37.27  Trust Fund              100,000       100,000
 37.28  Minnesota Children's Pesticide Exposure
 37.29  Reduction Initiative                                    200,000
 37.30  $100,000 the first year and $100,000 
 37.31  the second year are appropriated to the 
 37.32  commissioner of agriculture to reduce 
 37.33  children's pesticide exposure through 
 37.34  parent education on alternative pest 
 37.35  control methods and safe pesticide use. 
 37.36  Subd. 13.  Data Availability Requirements
 37.37  (a) During the biennium ending June 30, 
 37.38  2007, data collected by the projects 
 37.39  funded under this section that have 
 37.40  value for planning and management of 
 37.41  natural resource, emergency 
 37.42  preparedness, and infrastructure 
 37.43  investments must conform to the 
 37.44  enterprise information architecture 
 37.45  developed by the Office of Technology.  
 37.46  Spatial data must conform to geographic 
 37.47  information system guidelines and 
 37.48  standards outlined in that architecture 
 37.49  and adopted by the Minnesota Geographic 
 37.50  Data Clearinghouse at the Land 
 37.51  Management Information Center.  A 
 37.52  description of these data that adheres 
 37.53  to Office of Technology geographic 
 37.54  metadata standards must be submitted to 
 37.55  the Land Management Information Center 
 37.56  to be made available on-line through 
 37.57  the clearinghouse, and the data 
 37.58  themselves must be accessible and free 
 37.59  to the public unless made private under 
 37.60  the Data Practices Act, Minnesota 
 38.1   Statutes, chapter 13. 
 38.2   (b) To the extent practicable, summary 
 38.3   data and results of projects funded 
 38.4   under this section should be readily 
 38.5   accessible on the Internet and 
 38.6   identified as an environment and 
 38.7   natural resources trust fund project. 
 38.8   (c) As part of project expenditures, 
 38.9   recipients of land acquisition 
 38.10  appropriations must provide the 
 38.11  information necessary to update public 
 38.12  recreation information maps to the 
 38.13  Department of Natural Resources in the 
 38.14  form specified by the department. 
 38.15  Subd. 14.  Project Requirements
 38.16  It is a condition of acceptance of the 
 38.17  appropriations in this section that any 
 38.18  agency or entity receiving the 
 38.19  appropriation must comply with 
 38.20  Minnesota Statutes, chapter 116P, and 
 38.21  vegetation planted must be native to 
 38.22  Minnesota and preferably of the local 
 38.23  ecotype unless the work program 
 38.24  approved by the commission expressly 
 38.25  allows the planting of species that are 
 38.26  not native to Minnesota. 
 38.27  Subd. 15.  Match Requirements
 38.28  Unless specifically authorized, 
 38.29  appropriations in this section that 
 38.30  must be matched and for which the match 
 38.31  has not been committed by December 31, 
 38.32  2005, are canceled, and in-kind 
 38.33  contributions may not be counted as 
 38.34  matching funds. 
 38.35  Subd. 16.  Payment Conditions and Capital Equipment Expenditures
 38.36  All agreements, grants, or contracts 
 38.37  referred to in this section must be 
 38.38  administered on a reimbursement basis 
 38.39  unless otherwise provided in this 
 38.40  section.  Notwithstanding Minnesota 
 38.41  Statutes, section 16A.41, expenditures 
 38.42  made on or after July 1, 2005, or the 
 38.43  date the work program is approved, 
 38.44  whichever is later, are eligible for 
 38.45  reimbursement unless otherwise provided 
 38.46  in this section.  Payment must be made 
 38.47  upon receiving documentation that 
 38.48  project-eligible, reimbursable dollar 
 38.49  amounts have been expended, except that 
 38.50  reasonable amounts may be advanced to 
 38.51  projects to accommodate cash flow needs 
 38.52  or match federal funds.  The advances 
 38.53  must be approved as part of the work 
 38.54  program.  No expenditures for capital 
 38.55  equipment are allowed unless expressly 
 38.56  authorized in the project work program. 
 38.57  Subd. 17.  Purchase of Recycled and Recyclable Materials
 38.58  A political subdivision, public or 
 38.59  private corporation, or other entity 
 38.60  that receives an appropriation in this 
 38.61  section must use the appropriation in 
 39.1   compliance with Minnesota Statutes, 
 39.2   sections 16B.121 and 16B.122, requiring 
 39.3   the purchase of recycled, repairable, 
 39.4   and durable materials; the purchase of 
 39.5   uncoated paper stock; and the use of 
 39.6   soy-based ink, the same as if it were a 
 39.7   state agency. 
 39.8   Subd. 18.  Energy Conservation
 39.9   A recipient to whom an appropriation is 
 39.10  made in this section for a capital 
 39.11  improvement project shall ensure that 
 39.12  the project complies with the 
 39.13  applicable energy conservation 
 39.14  standards contained in law, including 
 39.15  Minnesota Statutes, sections 216C.19 
 39.16  and 216C.20, and rules adopted 
 39.17  thereunder.  The recipient may use the 
 39.18  energy planning, advocacy, and state 
 39.19  energy office units of the Department 
 39.20  of Commerce to obtain information and 
 39.21  technical assistance on energy 
 39.22  conservation and alternative energy 
 39.23  development relating to the planning 
 39.24  and construction of the capital 
 39.25  improvement project. 
 39.26  Subd. 19.  Accessibility
 39.27  Structural and nonstructural facilities 
 39.28  must meet the design standards in the 
 39.29  Americans with Disability Act (ADA) 
 39.30  accessibility guidelines. 
 39.31     Sec. 11.  Minnesota Statutes 2004, section 16A.125, 
 39.32  subdivision 5, is amended to read: 
 39.33     Subd. 5.  [FOREST TRUST LANDS.] (a) The term "state forest 
 39.34  trust fund lands" as used in this subdivision, means public land 
 39.35  in trust under the Constitution set apart as "forest lands under 
 39.36  the authority of the commissioner" of natural resources as 
 39.37  defined by section 89.001, subdivision 13. 
 39.38     (b) The commissioner of finance shall credit the revenue 
 39.39  from the forest trust fund lands to the forest suspense 
 39.40  account.  The account must specify the trust funds interested in 
 39.41  the lands and the respective receipts of the lands. 
 39.42     (c) After a fiscal year, the commissioner of finance shall 
 39.43  certify the total costs incurred for forestry during that year 
 39.44  under appropriations for the protection, improvement, 
 39.45  administration, and management of state forest trust fund lands 
 39.46  and construction and improvement of forest roads to enhance the 
 39.47  forest value of the lands.  The certificate must specify the 
 39.48  trust funds interested in the lands.  The commissioner of 
 40.1   natural resources shall supply the commissioner of finance with 
 40.2   the information needed for the certificate. 
 40.3      (d) After a fiscal year and after the appropriation in 
 40.4   subdivision 11, the commissioner shall distribute the receipts 
 40.5   credited to the suspense account during that fiscal year as 
 40.6   follows: 
 40.7      (a) (1) the amount of the certified costs incurred by the 
 40.8   state for forest management, forest improvement, and road 
 40.9   improvement during the fiscal year shall be transferred to 
 40.10  the general fund. forest management investment account 
 40.11  established under section 89.039; 
 40.12     (2) the balance of the certified costs incurred by the 
 40.13  state during the fiscal year shall be transferred to the general 
 40.14  fund; and 
 40.15     (b) (3) the balance of the receipts shall then be returned 
 40.16  prorated to the trust funds in proportion to their respective 
 40.17  interests in the lands which produced the receipts. 
 40.18     Sec. 12.  Minnesota Statutes 2004, section 84.027, 
 40.19  subdivision 12, is amended to read: 
 40.20     Subd. 12.  [PROPERTY DISPOSAL; GIFT ACKNOWLEDGMENT; 
 40.21  ADVERTISING SALES.] (a) The commissioner may give away to 
 40.22  members of the public items with a value of less than $10 $50 
 40.23  that are intended to promote conservation of natural resources 
 40.24  or create awareness of the state and its resources or natural 
 40.25  resource management programs.  The total value of items given to 
 40.26  the public under this paragraph may not exceed $25,000 per year. 
 40.27     (b) The commissioner may recognize the contribution of 
 40.28  money or in-kind services on plaques, signs, publications, 
 40.29  audio-visual materials, and media advertisements by allowing the 
 40.30  organization's contribution to be acknowledged in print of 
 40.31  readable size. 
 40.32     (c) The commissioner may accept paid advertising for 
 40.33  departmental publications.  Advertising revenues received are 
 40.34  appropriated to the commissioner to be used to defray costs of 
 40.35  publications, media productions, or other informational 
 40.36  materials.  The commissioner may not accept paid advertising 
 41.1   from any elected official or candidate for elective office. 
 41.2      Sec. 13.  Minnesota Statutes 2004, section 84.027, 
 41.3   subdivision 15, is amended to read: 
 41.4      Subd. 15.  [ELECTRONIC TRANSACTIONS.] (a) The commissioner 
 41.5   may receive an application for, sell, and issue any license, 
 41.6   stamp, permit, pass, sticker, duplicate safety training 
 41.7   certification, registration, or transfer under the jurisdiction 
 41.8   of the commissioner by electronic means, including by telephone. 
 41.9   Notwithstanding section 97A.472, electronic and telephone 
 41.10  transactions may be made outside of the state.  The commissioner 
 41.11  may: 
 41.12     (1) provide for the electronic transfer of funds generated 
 41.13  by electronic transactions, including by telephone; 
 41.14     (2) assign a license an identification number to an 
 41.15  applicant who purchases a hunting or fishing license or 
 41.16  recreational vehicle registration by electronic means, to serve 
 41.17  as temporary authorization to engage in the licensed 
 41.18  activity requiring a license or registration until the license 
 41.19  or registration is received or expires; 
 41.20     (3) charge and permit agents to charge a fee of individuals 
 41.21  who make electronic transactions and transactions by 
 41.22  telephone or Internet, including the issuing fee under section 
 41.23  97A.485, subdivision 6, fees and an additional transaction fee 
 41.24  not to exceed $3.50; 
 41.25     (4) collect issuing or filing fees as provided under 
 41.26  sections 84.788, subdivision 3, paragraph (e); 84.798, 
 41.27  subdivision 3, paragraph (b); 84.82, subdivision 2, paragraph 
 41.28  (d); 84.8205, subdivisions 5 and 6; 84.922, subdivision 2, 
 41.29  paragraph (e); 85.41, subdivision 5; 86B.415, subdivision 8; and 
 41.30  97A.485, subdivision 6, and collect establish, by written order, 
 41.31  an electronic licensing system commission on to be paid by 
 41.32  revenues generated from all sales of licenses as provided under 
 41.33  sections 85.43, paragraph (b), and 97A.485, subdivision 7 made 
 41.34  through the electronic licensing system.  The commissioner shall 
 41.35  establish the commission in a manner that neither significantly 
 41.36  overrecovers nor underrecovers costs involved in providing the 
 42.1   electronic licensing system; and 
 42.2      (5) adopt rules to administer the provisions of this 
 42.3   subdivision. 
 42.4      (b) Establishment of The transaction fee fees established 
 42.5   under paragraph (a), clause (3), and the commission established 
 42.6   under paragraph (a), clause (4), is are not subject to the 
 42.7   rulemaking procedures of chapter 14 and section 14.386 does not 
 42.8   apply. 
 42.9      (c) Money received from fees and commissions collected 
 42.10  under this subdivision, including interest earned, is annually 
 42.11  appropriated from the game and fish fund and the natural 
 42.12  resources fund to the commissioner for the cost of electronic 
 42.13  licensing. 
 42.14     <b>[EFFECTIVE DATE.]</b> This section is effective July 6, 2005. 
 42.15     Sec. 14.  Minnesota Statutes 2004, section 84.027, is 
 42.16  amended by adding a subdivision to read: 
 42.17     Subd. 17.  [BACKGROUND CHECKS FOR VOLUNTEER 
 42.18  INSTRUCTORS.] (a) The commissioner may conduct background checks 
 42.19  for volunteer instructor applicants for department safety 
 42.20  training and education programs, including the programs 
 42.21  established under sections 84.791 (youth off-highway motorcycle 
 42.22  safety education and training), 84.86 and 84.862 (youth and 
 42.23  adult snowmobile safety training), 84.925 (youth all-terrain 
 42.24  vehicle safety education and training), 97B.015 (youth firearms 
 42.25  safety training), and 97B.025 (hunter and trapper education and 
 42.26  training). 
 42.27     (b) The commissioner shall perform the background check by 
 42.28  retrieving criminal history data maintained in the criminal 
 42.29  justice information system (CJIS) and other data sources.  
 42.30     (c) The commissioner shall develop a standardized form to 
 42.31  be used for requesting a background check, which must include: 
 42.32     (1) a notification to the applicant that the commissioner 
 42.33  will conduct a background check under this section; 
 42.34     (2) a notification to the applicant of the applicant's 
 42.35  rights under paragraph (d); and 
 42.36     (3) a signed consent by the applicant to conduct the 
 43.1   background check expiring one year from date of signature. 
 43.2      (d) The volunteer instructor applicant who is the subject 
 43.3   of a background check has the right to: 
 43.4      (1) be informed that the commissioner will request a 
 43.5   background check on the applicant; 
 43.6      (2) be informed by the commissioner of the results of the 
 43.7   background check and obtain a copy of the background check; 
 43.8      (3) obtain any record that forms the basis for the 
 43.9   background check and report; 
 43.10     (4) challenge the accuracy and completeness of the 
 43.11  information contained in the report or a record; and 
 43.12     (5) be informed by the commissioner if the applicant is 
 43.13  rejected because of the result of the background check. 
 43.14     Sec. 15.  Minnesota Statutes 2004, section 84.0274, is 
 43.15  amended by adding a subdivision to read: 
 43.16     Subd. 9.  [EXCEPTION FOR NONPROFIT ORGANIZATIONS AND 
 43.17  GOVERNMENTAL ENTITIES.] When the commissioner acquires land or 
 43.18  interests in land from a nonprofit organization or governmental 
 43.19  entity, any or all of the provisions of this section may be 
 43.20  waived by mutual agreement of the commissioner and the nonprofit 
 43.21  organization or governmental entity. 
 43.22     Sec. 16.  Minnesota Statutes 2004, section 84.0274, is 
 43.23  amended by adding a subdivision to read: 
 43.24     Subd. 10.  [RIGHT OF FIRST REFUSAL AGREEMENT.] The 
 43.25  commissioner may enter into a right of first refusal agreement 
 43.26  with a landowner prior to determining the value of the land.  No 
 43.27  right of first refusal agreement shall be made for a period of 
 43.28  greater than two years and payment to the landowner for entry 
 43.29  into the agreement shall not exceed $5,000. 
 43.30     Sec. 17.  Minnesota Statutes 2004, section 84.0911, 
 43.31  subdivision 2, is amended to read: 
 43.32     Subd. 2.  [RECEIPTS.] Money received from the sale of wild 
 43.33  rice licenses issued by the commissioner under section 84.091, 
 43.34  subdivision 3, paragraph (a), clauses (1), (3), and (4), and 
 43.35  subdivision 3, paragraph (b), except for the electronic 
 43.36  licensing system commission established by the commissioner 
 44.1   under section 84.027, subdivision 15, shall be credited to the 
 44.2   wild rice management account.  
 44.3      <b>[EFFECTIVE DATE.]</b> This section is effective July 6, 2005. 
 44.4      Sec. 18.  Minnesota Statutes 2004, section 84.631, is 
 44.5   amended to read: 
 44.6      84.631 [ROAD EASEMENTS ACROSS STATE LANDS.] 
 44.7      (a) Except as provided in section 85.015, subdivision 1b, 
 44.8   the commissioner, on behalf of the state, may convey a road 
 44.9   easement across state land under the commissioner's jurisdiction 
 44.10  other than school trust land, to a private person requesting an 
 44.11  easement for access to property owned by the person only if the 
 44.12  following requirements are met:  (1) there are no reasonable 
 44.13  alternatives to obtain access to the property; and (2) the 
 44.14  exercise of the easement will not cause significant adverse 
 44.15  environmental or natural resource management impacts.  
 44.16     (b) The commissioner shall: 
 44.17     (1) require the applicant to pay the market value of the 
 44.18  easement; 
 44.19     (2) provide that the easement reverts to the state in the 
 44.20  event of nonuse; and 
 44.21     (3) impose other terms and conditions of use as necessary 
 44.22  and appropriate under the circumstances.  
 44.23     (c) An applicant shall submit a fee of $2,000 with each 
 44.24  application for a road easement across state land.  The 
 44.25  application fee is nonrefundable, even if the application is 
 44.26  withdrawn or denied. 
 44.27     (d) Fees collected under paragraph (c) must be deposited in 
 44.28  the land management account in the natural resources fund. 
 44.29     Sec. 19.  Minnesota Statutes 2004, section 84.775, 
 44.30  subdivision 1, is amended to read: 
 44.31     Subdivision 1.  [CIVIL CITATION; AUTHORITY TO ISSUE.] (a) A 
 44.32  conservation officer or other licensed peace officer may issue a 
 44.33  civil citation to a person who operates: 
 44.34     (1) an off-highway motorcycle in violation of sections 
 44.35  84.773, subdivision 1 or 2, clause (1); 84.777; 84.788 to 
 44.36  84.795; or 84.90; 
 45.1      (2) an off-road vehicle in violation of sections 84.773, 
 45.2   subdivision 1 or 2, clause (1); 84.777; 84.798 to 84.804; or 
 45.3   84.90; or 
 45.4      (3) an all-terrain vehicle in violation of sections 84.773, 
 45.5   subdivision 1 or 2, clause (1); 84.777; 84.90; or 84.922 to 
 45.6   84.928.  
 45.7      (b) A civil citation under paragraph (a) shall require 
 45.8   restitution for public and private property damage and impose a 
 45.9   penalty of: 
 45.10     (1) $100 for the first offense; 
 45.11     (2) $200 for the second offense; and 
 45.12     (3) $500 for third and subsequent offenses. 
 45.13     (c) A conservation officer or other licensed peace officer 
 45.14  may issue a civil citation to a person who operates an 
 45.15  off-highway motorcycle, off-road vehicle, or all-terrain vehicle 
 45.16  in violation of section 84.773, subdivision 2, clause (2) or 
 45.17  (3).  A civil citation under this paragraph shall require 
 45.18  restitution for damage to wetlands and impose a penalty of:  
 45.19     (1) $100 for the first offense; 
 45.20     (2) $500 for the second offense; and 
 45.21     (3) $1,000 for third and subsequent offenses. 
 45.22     (d) If the peace officer determines that there is damage to 
 45.23  property requiring restitution, the commissioner must send a 
 45.24  written explanation of the extent of the damage and the cost of 
 45.25  the repair by first class mail to the address provided by the 
 45.26  person receiving the citation within 15 days of the date of the 
 45.27  citation. 
 45.28     (e) An off-road vehicle or all-terrain vehicle that is 
 45.29  equipped with a snorkel device and receives a civil citation 
 45.30  under this section is subject to twice the penalty amounts in 
 45.31  paragraphs (b) and (c). 
 45.32     Sec. 20.  [84.781] [USE OF DEPARTMENT RESOURCES.] 
 45.33     The commissioner of natural resources may permit Department 
 45.34  of Natural Resources personnel and equipment from the Division 
 45.35  of Trails and Waterways to be used to assist local units of 
 45.36  government in developing and maintaining off-highway vehicle 
 46.1   grant-in-aid trails located on property owned by or under the 
 46.2   control of the local unit of government. 
 46.3      Sec. 21.  [84.785] [OFF-HIGHWAY VEHICLE SAFETY AND 
 46.4   CONSERVATION GRANT PROGRAM.] 
 46.5      Subdivision 1.  [CREATION.] The commissioner of natural 
 46.6   resources shall establish an off-highway vehicle safety and 
 46.7   conservation grant program to award grants to organizations that 
 46.8   meet the eligibility requirements under subdivision 3. 
 46.9      Subd. 2.  [PURPOSE.] The purpose of the off-highway vehicle 
 46.10  safety and conservation grant program is to encourage 
 46.11  off-highway vehicle clubs to assist in safety and environmental 
 46.12  education and in improving, maintaining, and monitoring trails 
 46.13  on state forest land and other public lands. 
 46.14     Subd. 3.  [ELIGIBILITY.] To be eligible for a grant under 
 46.15  this section, an organization must: 
 46.16     (1) be a statewide Minnesota organization that has been in 
 46.17  existence at least five years and that promotes the operation of 
 46.18  off-highway vehicles in a manner that is safe, responsible, and 
 46.19  does not harm the environment; 
 46.20     (2) promote the operation of off-highway vehicles in a 
 46.21  manner that does not conflict with the laws and rules that 
 46.22  relate to the operation of off-highway vehicles; 
 46.23     (3) have an interest limited to the operation of motorized 
 46.24  vehicles on motorized trails and other designated areas; 
 46.25     (4) have a board of directors that has 80 percent of its 
 46.26  members who are representatives of all-terrain vehicle clubs, 
 46.27  off-highway motorcycle clubs, or off-road vehicle clubs; and 
 46.28     (5) provide support to off-highway vehicle clubs. 
 46.29     Subd. 4.  [USE OF GRANTS.] An organization receiving a 
 46.30  grant under this section shall use the grant money to promote 
 46.31  and provide support to the Department of Natural Resources by: 
 46.32     (1) encouraging off-highway vehicle clubs to assist in 
 46.33  improving, maintaining, and monitoring trails on state forest 
 46.34  land and other public lands; 
 46.35     (2) providing assistance to the department in locating, 
 46.36  recruiting, and training instructors; 
 47.1      (3) assisting the commissioner and the director of tourism 
 47.2   in creating an outreach program to inform local communities of 
 47.3   appropriate off-highway vehicle use in their communities and of 
 47.4   the economic benefits and costs that may be attributed to 
 47.5   promoting tourism to attract off-highway vehicles; 
 47.6      (4) publishing a manual in cooperation with the 
 47.7   commissioner that will be used to train volunteers in monitoring 
 47.8   the operation of off-highway vehicles for safety, environmental, 
 47.9   and other issues that relate to the responsible operation of 
 47.10  off-highway vehicles; and 
 47.11     (5) collecting data on the operation of off-highway 
 47.12  vehicles in the state. 
 47.13     Sec. 22.  [84.7851] [WORKER DISPLACEMENT PROHIBITED.] 
 47.14     The commissioner may not enter into any agreement that has 
 47.15  the purpose of or results in the displacement of public 
 47.16  employees by volunteers participating in an off-highway safety 
 47.17  and conservation program.  The commissioner must certify to the 
 47.18  appropriate bargaining agent that the work performed by a 
 47.19  volunteer will not result in the displacement of currently 
 47.20  employed workers or workers on seasonal layoff or layoff from a 
 47.21  substantially equivalent position, including partial 
 47.22  displacement such as reduction in hours of nonovertime work, 
 47.23  wages, or other employment benefits. 
 47.24     Sec. 23.  Minnesota Statutes 2004, section 84.788, 
 47.25  subdivision 3, is amended to read: 
 47.26     Subd. 3.  [APPLICATION; ISSUANCE; REPORTS.] (a) Application 
 47.27  for registration or continued registration must be made to the 
 47.28  commissioner or an authorized deputy registrar of motor vehicles 
 47.29  in a form prescribed by the commissioner.  The form must state 
 47.30  the name and address of every owner of the off-highway 
 47.31  motorcycle. 
 47.32     (b) A person who purchases from a retail dealer an 
 47.33  off-highway motorcycle shall make application for registration 
 47.34  to the dealer at the point of sale.  The dealer shall issue a 
 47.35  temporary ten-day registration permit to each purchaser who 
 47.36  applies to the dealer for registration.  The dealer shall submit 
 48.1   the completed registration applications and fees to the deputy 
 48.2   registrar at least once each week.  No fee may be charged by a 
 48.3   dealer to a purchaser for providing the temporary permit. 
 48.4      (c) Upon receipt of the application and the appropriate 
 48.5   fee, the commissioner or deputy registrar shall issue to the 
 48.6   applicant, or provide to the dealer, a 60-day temporary receipt 
 48.7   and shall assign a an assigned registration number that or a 
 48.8   commissioner or deputy registrar temporary ten-day permit.  Once 
 48.9   issued, the registration number must be affixed to the 
 48.10  motorcycle in a manner prescribed by the commissioner according 
 48.11  to paragraph (f).  A dealer subject to paragraph (b) shall 
 48.12  provide the registration materials and or temporary 
 48.13  receipt permit to the purchaser within the ten-day temporary 
 48.14  permit period. 
 48.15     (d) The commissioner shall develop a registration system to 
 48.16  register vehicles under this section.  A deputy registrar of 
 48.17  motor vehicles acting under section 168.33, is also a deputy 
 48.18  registrar of off-highway motorcycles.  The commissioner of 
 48.19  natural resources in agreement with the commissioner of public 
 48.20  safety may prescribe the accounting and procedural requirements 
 48.21  necessary to ensure efficient handling of registrations and 
 48.22  registration fees.  Deputy registrars shall strictly comply with 
 48.23  the accounting and procedural requirements.  
 48.24     (e) In addition to other fees prescribed by law, a filing 
 48.25  fee of $4.50 is charged for each off-highway motorcycle 
 48.26  registration renewal, duplicate or replacement registration 
 48.27  card, and replacement decal and a filing fee of $7 is charged 
 48.28  for each off-highway motorcycle registration and registration 
 48.29  transfer issued by: 
 48.30     (1) a deputy registrar and must be deposited in the 
 48.31  treasury of the jurisdiction where the deputy is appointed, or 
 48.32  kept if the deputy is not a public official; or 
 48.33     (2) the commissioner and must be deposited in the state 
 48.34  treasury and credited to the off-highway motorcycle account. 
 48.35     (f) Unless exempted in paragraph (g), the owner of an 
 48.36  off-highway motorcycle must display a registration decal issued 
 49.1   by the commissioner.  If the motorcycle is licensed as a motor 
 49.2   vehicle, a registration decal must be affixed on the upper left 
 49.3   corner of the rear license plate.  If the motorcycle is not 
 49.4   licensed as a motor vehicle, the decal must be attached on the 
 49.5   side of the motorcycle and may be attached to the fork tube.  
 49.6   The decal must be attached in a manner so that it is visible 
 49.7   while a rider is on the motorcycle.  The issued decals must be 
 49.8   of a size to work within the constraints of the electronic 
 49.9   licensing system, not to exceed three inches high and three 
 49.10  inches wide. 
 49.11     (g) Display of a registration decal is not required for an 
 49.12  off-highway motorcycle: 
 49.13     (1) while being operated on private property; or 
 49.14     (2) while competing in a closed-course competition event. 
 49.15     Sec. 24.  Minnesota Statutes 2004, section 84.788, is 
 49.16  amended by adding a subdivision to read: 
 49.17     Subd. 11.  [REFUNDS.] The commissioner may issue a refund 
 49.18  on a registration, not including any issuing fees paid under 
 49.19  subdivision 3, paragraph (e), or section 84.027, subdivision 15, 
 49.20  paragraph (a), clause (3), if the refund request is received 
 49.21  within 12 months of the original registration and: 
 49.22     (1) the off-highway motorcycle was registered incorrectly 
 49.23  by the commissioner or the deputy registrar; or 
 49.24     (2) the off-highway motorcycle was registered twice, once 
 49.25  by the dealer and once by the customer. 
 49.26     Sec. 25.  Minnesota Statutes 2004, section 84.789, is 
 49.27  amended by adding a subdivision to read: 
 49.28     Subd. 3.  [SOUND EMISSIONS.] (a) On and after July 1, 2006, 
 49.29  off-highway motorcycles, when operating on public lands, shall 
 49.30  at all times be equipped with a silencer or other device that 
 49.31  limits sound emissions according to this subdivision. 
 49.32     (b) Sound emissions of competition off-highway motorcycles 
 49.33  manufactured on or after January 1, 1998, are limited to not 
 49.34  more than 96 dbA and, if manufactured prior to January 1, 1998, 
 49.35  to not more than 99 dbA, when measured from a distance of 20 
 49.36  inches using test procedures established by the Society of 
 50.1   Automotive Engineers under Standard J-1287, as applicable. 
 50.2      (c) Sound emissions of all other off-highway motorcycles 
 50.3   are limited to not more than 96 dbA if manufactured on or after 
 50.4   January 1, 1986, and not more than 99 dbA if manufactured prior 
 50.5   to January 1, 1986, when measured from a distance of 20 inches 
 50.6   using test procedures established by the Society of Automotive 
 50.7   Engineers under Standard J-1287, as applicable. 
 50.8      Sec. 26.  Minnesota Statutes 2004, section 84.791, 
 50.9   subdivision 1, is amended to read: 
 50.10     Subdivision 1.  [PROGRAM ESTABLISHED; WHEN REQUIRED.] (a) 
 50.11  The commissioner shall establish a comprehensive off-highway 
 50.12  motorcycle environment and safety education and training 
 50.13  program, including the preparation and dissemination of vehicle 
 50.14  information and safety advice to the public, the training of 
 50.15  off-highway motorcycle operators, and the issuance of 
 50.16  off-highway motorcycle safety certificates to operators under 
 50.17  the age of 16 years who successfully complete the off-highway 
 50.18  motorcycle environment and safety education and training courses.
 50.19     (b) An individual who is convicted of violating a law 
 50.20  related to the operation of an off-highway motorcycle must 
 50.21  successfully complete the environment and safety education and 
 50.22  training program established under paragraph (a) before 
 50.23  continuing operation of an off-highway motorcycle.  
 50.24     Sec. 27.  Minnesota Statutes 2004, section 84.791, 
 50.25  subdivision 2, is amended to read: 
 50.26     Subd. 2.  [FEES.] For the purposes of administering the 
 50.27  program and to defray a portion of the expenses of training and 
 50.28  certifying vehicle operators, the commissioner shall collect a 
 50.29  fee not to exceed $5 from each person who receives the training. 
 50.30  The commissioner shall collect a fee for issuing a duplicate 
 50.31  off-highway motorcycle safety certificate.  The commissioner 
 50.32  shall establish the fee for a duplicate off-highway motorcycle 
 50.33  safety certificate, to include a $1 issuing fee for licensing 
 50.34  agents, that neither significantly overrecovers nor 
 50.35  underrecovers costs, including overhead costs, involved in 
 50.36  providing the service.  The fees must, except for the issuing 
 51.1   fee for licensing agents under this subdivision, shall be 
 51.2   deposited in the state treasury and credited to the off-highway 
 51.3   motorcycle account in the natural resources fund. 
 51.4      Sec. 28.  Minnesota Statutes 2004, section 84.798, 
 51.5   subdivision 1, is amended to read: 
 51.6      Subdivision 1.  [GENERAL REQUIREMENTS.] (a) Unless exempted 
 51.7   under paragraph (b) or subdivision 2, after January 1, 1995, a 
 51.8   person may not operate and an owner may not give permission for 
 51.9   another to operate a vehicle off-road, nor may a person have an 
 51.10  off-road vehicle not registered under chapter 168 in possession 
 51.11  at an off-road vehicle staging area, or designated trail on 
 51.12  lands administered by the commissioner on off-road 
 51.13  vehicle-designated trails or area areas, or on off-road vehicle 
 51.14  grant-in-aid trails and areas funded under section 84.803, 
 51.15  unless the vehicle has been registered under this section. 
 51.16     (b) Annually on the third Saturday of May, the commissioner 
 51.17  shall allow the operation of nonregistered off-road vehicles at 
 51.18  the Iron Range Off-Highway Vehicle Recreation Area. 
 51.19     Sec. 29.  Minnesota Statutes 2004, section 84.798, is 
 51.20  amended by adding a subdivision to read: 
 51.21     Subd. 10.  [REFUNDS.] The commissioner may issue a refund 
 51.22  on a registration, not including any issuing fees paid under 
 51.23  subdivision 3, paragraph (b), or section 84.027, subdivision 15, 
 51.24  paragraph (a), clause (3), if the refund request is received 
 51.25  within 12 months of the original registration and the vehicle 
 51.26  was registered incorrectly by the commissioner or the deputy 
 51.27  registrar. 
 51.28     Sec. 30.  [84.8015] [EDUCATION AND TRAINING.] 
 51.29     Subdivision 1.  [PROGRAM ESTABLISHED WHEN REQUIRED.] (a) 
 51.30  The commissioner shall establish a comprehensive off-road 
 51.31  vehicle environment and safety education and training program, 
 51.32  including the preparation and dissemination of vehicle 
 51.33  information and safety advice to the public, the training of 
 51.34  off-road vehicle operators, and the issuance of off-road vehicle 
 51.35  safety certificates to operators 16 to 18 years of age who 
 51.36  successfully complete the off-road vehicle environment and 
 52.1   safety education and training courses. 
 52.2      (b) Beginning July 1, 2006, an individual who is convicted 
 52.3   of violating a law related to the operation of an off-road 
 52.4   vehicle must successfully complete the environment and safety 
 52.5   education and training program established under paragraph (a) 
 52.6   before continuing operation of an off-road vehicle. 
 52.7      Subd. 2.  [FEES.] For the purposes of administering the 
 52.8   program and to defray a portion of the expenses of training and 
 52.9   certifying vehicle operators, the commissioner shall collect a 
 52.10  fee not to exceed $15 from each person who receives the 
 52.11  training.  The commissioner shall collect a fee for issuing a 
 52.12  duplicate off-road vehicle safety certificate.  The commissioner 
 52.13  shall establish the fee for a duplicate off-road vehicle safety 
 52.14  certificate that neither significantly overrecovers nor 
 52.15  underrecovers costs, including overhead costs, involved in 
 52.16  providing the service.  The fees must be deposited in the state 
 52.17  treasury and credited to the off-road vehicle account. 
 52.18     Subd. 3.  [COOPERATION AND CONSULTATION.] The commissioner 
 52.19  shall cooperate with private organizations and associations, 
 52.20  private and public corporations, and local governmental units in 
 52.21  furtherance of the program established under this section.  The 
 52.22  commissioner shall consult with the commissioner of public 
 52.23  safety in regard to training program subject matter and 
 52.24  performance testing that leads to the certification of off-road 
 52.25  vehicle operators. 
 52.26     Subd. 4.  [RECIPROCITY WITH OTHER STATES.] The commissioner 
 52.27  may enter into reciprocity agreements or otherwise certify 
 52.28  off-road vehicle environment and safety education and training 
 52.29  courses from other states that are substantially similar to 
 52.30  in-state courses.  Proof of completion of a course subject to a 
 52.31  reciprocity agreement or certified as substantially similar is 
 52.32  adequate to meet the safety certificate requirements of this 
 52.33  section. 
 52.34     Sec. 31.  Minnesota Statutes 2004, section 84.804, 
 52.35  subdivision 3, is amended to read: 
 52.36     Subd. 3.  [OPERATION GENERALLY.] A person may not drive or 
 53.1   operate a vehicle off-road: 
 53.2      (1) at a rate of speed greater than is reasonable under the 
 53.3   surrounding circumstances; 
 53.4      (2) in a careless, reckless, or negligent manner which may 
 53.5   endanger or cause injury or damage to the person or property of 
 53.6   another; 
 53.7      (3) without a functioning stoplight if so equipped; 
 53.8      (4) in a tree nursery or planting in a manner that damages 
 53.9   or destroys growing stock; 
 53.10     (5) without a brake operational by either hand or foot; or 
 53.11     (6) in a manner that violates rules adopted by the 
 53.12  commissioner; or 
 53.13     (7) on unfrozen public water, if the vehicle is equipped 
 53.14  with a snorkel device that has a raised air intake six inches or 
 53.15  more above the vehicle manufacturer's original air intake. 
 53.16     Sec. 32.  Minnesota Statutes 2004, section 84.82, 
 53.17  subdivision 2, is amended to read: 
 53.18     Subd. 2.  [APPLICATION, ISSUANCE, REPORTS, ADDITIONAL FEE.] 
 53.19  (a) Application for registration or reregistration shall be made 
 53.20  to the commissioner or an authorized deputy registrar of motor 
 53.21  vehicles in a format prescribed by the commissioner and shall 
 53.22  state the legal name and address of every owner of the 
 53.23  snowmobile.  
 53.24     (b) A person who purchases a snowmobile from a retail 
 53.25  dealer shall make application for registration to the dealer at 
 53.26  the point of sale.  The dealer shall issue a dealer temporary 
 53.27  ten-day registration permit to each purchaser who applies to the 
 53.28  dealer for registration.  The temporary registration is valid 
 53.29  for 60 days from the date of issue.  Each retail dealer shall 
 53.30  submit completed registration and fees to the deputy registrar 
 53.31  at least once a week.  No fee may be charged by a dealer to a 
 53.32  purchaser for providing the temporary permit. 
 53.33     (c) Upon receipt of the application and the appropriate fee 
 53.34  as hereinafter provided, such snowmobile shall be registered and 
 53.35  a the commissioner or deputy registrar shall issue to the 
 53.36  applicant, or provide to the dealer, an assigned registration 
 54.1   number assigned which shall or a commissioner or deputy 
 54.2   registrar temporary ten-day permit.  Once issued, the 
 54.3   registration number must be affixed to the snowmobile in a 
 54.4   clearly visible and permanent manner for enforcement purposes as 
 54.5   the commissioner of natural resources shall prescribe.  A dealer 
 54.6   subject to paragraph (b) shall provide the registration 
 54.7   materials or temporary permit to the purchaser within the 
 54.8   temporary ten-day permit period.  The registration is not valid 
 54.9   unless signed by at least one owner. 
 54.10     (c) (d) Each deputy registrar of motor vehicles acting 
 54.11  pursuant to section 168.33, shall also be a deputy registrar of 
 54.12  snowmobiles.  The commissioner of natural resources in agreement 
 54.13  with the commissioner of public safety may prescribe the 
 54.14  accounting and procedural requirements necessary to assure 
 54.15  efficient handling of registrations and registration fees.  
 54.16  Deputy registrars shall strictly comply with these accounting 
 54.17  and procedural requirements.  
 54.18     (d) (e) A fee of $2 in addition to that otherwise 
 54.19  prescribed by law shall be charged for: 
 54.20     (1) each snowmobile registered by the registrar or a deputy 
 54.21  registrar and the additional fee shall be disposed of in the 
 54.22  manner provided in section 168.33, subdivision 2; or 
 54.23     (2) each snowmobile registered by the commissioner and the 
 54.24  additional fee shall be deposited in the state treasury and 
 54.25  credited to the snowmobile trails and enforcement account in the 
 54.26  natural resources fund.  
 54.27     Sec. 33.  Minnesota Statutes 2004, section 84.82, is 
 54.28  amended by adding a subdivision to read: 
 54.29     Subd. 11.  [REFUNDS.] The commissioner may issue a refund 
 54.30  on a registration, not including any issuing fees paid under 
 54.31  subdivision 2, paragraph (e), or section 84.027, subdivision 15, 
 54.32  paragraph (a), clause (3), if the refund request is received 
 54.33  within 12 months of the original registration and: 
 54.34     (1) the snowmobile was registered incorrectly by the 
 54.35  commissioner or the deputy registrar; or 
 54.36     (2) the snowmobile was registered twice, once by the dealer 
 55.1   and once by the customer. 
 55.2      Sec. 34.  Minnesota Statutes 2004, section 84.8205, 
 55.3   subdivision 1, is amended to read: 
 55.4      Subdivision 1.  [STICKER REQUIRED; FEE.] A person may not 
 55.5   operate a snowmobile that is not registered in this state on a 
 55.6   state or grant-in-aid snowmobile trail unless a snowmobile state 
 55.7   trail sticker is affixed to the snowmobile.  The commissioner of 
 55.8   natural resources shall issue a sticker upon application and 
 55.9   payment of a $15 fee.  The sticker is valid from November 1 
 55.10  through April 30.  Fees collected under this section, except for 
 55.11  the issuing fee for licensing agents under this section and for 
 55.12  the electronic licensing system commission established by the 
 55.13  commissioner under section 84.027, subdivision 15, shall be 
 55.14  deposited in the state treasury and credited to the snowmobile 
 55.15  trails and enforcement account in the natural resources fund and 
 55.16  must be used for grants-in-aid and easement acquisition. 
 55.17     Sec. 35.  Minnesota Statutes 2004, section 84.8205, 
 55.18  subdivision 3, is amended to read: 
 55.19     Subd. 3.  [LICENSE AGENTS.] County auditors are appointed 
 55.20  agents of the commissioner for the sale of snowmobile state 
 55.21  trail stickers.  The commissioner may appoint other state 
 55.22  agencies as agents for the sale of the to issue and sell state 
 55.23  trail stickers.  A county auditor may appoint subagents within 
 55.24  the county or within adjacent counties to sell stickers.  Upon 
 55.25  appointment of a subagent, the auditor shall notify the 
 55.26  commissioner of the name and address of the subagent.  The 
 55.27  auditor may revoke the appointment of a subagent, and The 
 55.28  commissioner may revoke the appointment of a state agency an 
 55.29  agent at any time.  The commissioner may require an auditor to 
 55.30  revoke a subagent's appointment.  The auditor shall furnish 
 55.31  stickers on consignment to any subagent who furnishes a surety 
 55.32  bond in favor of the county in an amount at least equal to the 
 55.33  value of the stickers to be consigned to that subagent.  A 
 55.34  surety bond is not required for a state agency appointed by the 
 55.35  commissioner.  The county auditor shall be responsible for all 
 55.36  stickers issued to and user fees received by agents except in a 
 56.1   county where the county auditor does not retain fees paid for 
 56.2   license purposes.  In these counties, the responsibilities 
 56.3   imposed by this section upon the county auditor are imposed upon 
 56.4   the county.  The commissioner may promulgate adopt additional 
 56.5   rules governing the accounting and procedures for handling state 
 56.6   trail stickers as provided in section 97A.485, subdivision 11. 
 56.7      Any resident desiring to sell snowmobile state trail 
 56.8   stickers may either purchase for cash or obtain on consignment 
 56.9   stickers from a county auditor in groups of not less than ten 
 56.10  individual stickers.  In selling stickers, the resident shall be 
 56.11  deemed a subagent of the county auditor and the commissioner, 
 56.12  and An agent shall observe all rules promulgated adopted by the 
 56.13  commissioner for accounting and handling of licenses and 
 56.14  stickers pursuant to section 97A.485, subdivision 11. 
 56.15     The county auditor An agent shall promptly deposit and 
 56.16  remit all money received from the sale of the stickers with the 
 56.17  county treasurer and shall promptly transmit any reports 
 56.18  required by the commissioner, plus 96 percent of the price paid 
 56.19  by each stickerholder, exclusive of the issuing fee, for each 
 56.20  sticker sold or consigned by the auditor and subsequently sold 
 56.21  to a stickerholder during the accounting period.  The county 
 56.22  auditor shall retain as a commission four percent of all sticker 
 56.23  fees, excluding the issuing fee for stickers consigned to 
 56.24  subagents and the issuing fee on stickers sold by the auditor to 
 56.25  stickerholders to the commissioner. 
 56.26     Unsold stickers in the hands of any subagent shall be 
 56.27  redeemed by the commissioner if presented for redemption within 
 56.28  the time prescribed by the commissioner.  Any stickers not 
 56.29  presented for redemption within the period prescribed shall be 
 56.30  conclusively presumed to have been sold, and the subagent 
 56.31  possessing the same or to whom they are charged shall be 
 56.32  accountable. 
 56.33     <b>[EFFECTIVE DATE.]</b> This section is effective July 6, 2005. 
 56.34     Sec. 36.  Minnesota Statutes 2004, section 84.8205, 
 56.35  subdivision 4, is amended to read: 
 56.36     Subd. 4.  [DISTRIBUTION ISSUANCE OF STICKERS.] The 
 57.1   commissioner and agents shall provide issue and sell snowmobile 
 57.2   state trail stickers to all agents authorized to issue stickers 
 57.3   by the commissioner. 
 57.4      <b>[EFFECTIVE DATE.]</b> This section is effective July 6, 2005. 
 57.5      Sec. 37.  Minnesota Statutes 2004, section 84.8205, 
 57.6   subdivision 6, is amended to read: 
 57.7      Subd. 6.  [DUPLICATE STATE TRAIL STICKERS.] The 
 57.8   commissioner and agents shall issue a duplicate sticker to 
 57.9   persons whose sticker is lost or destroyed using the process 
 57.10  established under section 97A.405, subdivision 3, and rules 
 57.11  promulgated thereunder.  The fee for a duplicate state trail 
 57.12  sticker is $2, with an issuing fee of 50 cents. 
 57.13     <b>[EFFECTIVE DATE.]</b> This section is effective July 6, 2005. 
 57.14     Sec. 38.  Minnesota Statutes 2004, section 84.83, 
 57.15  subdivision 3, is amended to read: 
 57.16     Subd. 3.  [PURPOSES FOR THE ACCOUNT.] The money deposited 
 57.17  in the account and interest earned on that money may be expended 
 57.18  only as appropriated by law for the following purposes:  
 57.19     (1) for a grant-in-aid program to counties and 
 57.20  municipalities for construction and maintenance of snowmobile 
 57.21  trails, including maintenance of trails on lands and waters of 
 57.22  Voyageurs National Park, on Lake of the Woods, on Rainy Lake, 
 57.23  and on the following lakes in St. Louis County:  Burntside, 
 57.24  Crane, Echo, Little Long, Mud, Pelican, Shagawa, and Vermilion; 
 57.25     (2) for acquisition, development, and maintenance of state 
 57.26  recreational snowmobile trails; 
 57.27     (3) for snowmobile safety programs; and 
 57.28     (4) for the administration and enforcement of sections 
 57.29  84.81 to 84.91 and appropriated grants to local law enforcement 
 57.30  agencies.  
 57.31     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005.  
 57.32     Sec. 39.  Minnesota Statutes 2004, section 84.83, is 
 57.33  amended by adding a subdivision to read: 
 57.34     Subd. 6.  [EASEMENT ACQUISITION; APPROPRIATION.] (a) The 
 57.35  position of trails acquisition coordinator is created in the 
 57.36  classified service under the commissioner of natural resources.  
 58.1   The coordinator is responsible for acquiring easements for 
 58.2   permanent recreational snowmobile trails. 
 58.3      (b) $500,000 is annually appropriated from the snowmobile 
 58.4   trails and enforcement account to the commissioner to acquire 
 58.5   easements, and the administrative costs for acquiring easements, 
 58.6   for permanent recreational snowmobile trails. 
 58.7      Sec. 40.  Minnesota Statutes 2004, section 84.86, 
 58.8   subdivision 1, is amended to read: 
 58.9      Subdivision 1.  [REQUIRED RULES.] With a view of achieving 
 58.10  maximum use of snowmobiles consistent with protection of the 
 58.11  environment the commissioner of natural resources shall adopt 
 58.12  rules in the manner provided by chapter 14, for the following 
 58.13  purposes: 
 58.14     (1) Registration of snowmobiles and display of registration 
 58.15  numbers. 
 58.16     (2) Use of snowmobiles insofar as game and fish resources 
 58.17  are affected. 
 58.18     (3) Use of snowmobiles on public lands and waters, or on 
 58.19  grant-in-aid trails. 
 58.20     (4) Uniform signs to be used by the state, counties, and 
 58.21  cities, which are necessary or desirable to control, direct, or 
 58.22  regulate the operation and use of snowmobiles. 
 58.23     (5) Specifications relating to snowmobile mufflers. 
 58.24     (6) A comprehensive snowmobile information and safety 
 58.25  education and training program, including but not limited to the 
 58.26  preparation and dissemination of snowmobile information and 
 58.27  safety advice to the public, the training of snowmobile 
 58.28  operators, and the issuance of snowmobile safety certificates to 
 58.29  snowmobile operators who successfully complete the snowmobile 
 58.30  safety education and training course.  For the purpose of 
 58.31  administering such program and to defray expenses of training 
 58.32  and certifying snowmobile operators, the commissioner shall 
 58.33  collect a fee from each person who receives the youth or adult 
 58.34  training.  The commissioner shall collect a fee, to include a $1 
 58.35  issuing fee for licensing agents, for issuing a duplicate 
 58.36  snowmobile safety certificate.  The commissioner shall establish 
 59.1   both fees in a manner that neither significantly overrecovers 
 59.2   nor underrecovers costs, including overhead costs, involved in 
 59.3   providing the services.  The fees are not subject to the 
 59.4   rulemaking provisions of chapter 14 and section 14.386 does not 
 59.5   apply.  The fees may be established by the commissioner 
 59.6   notwithstanding section 16A.1283.  The fees must, except for the 
 59.7   issuing fee for licensing agents under this subdivision, shall 
 59.8   be deposited in the snowmobile trails and enforcement account in 
 59.9   the natural resources fund and the amount thereof, except for 
 59.10  the electronic licensing system commission established by the 
 59.11  commissioner under section 84.027, subdivision 15, and issuing 
 59.12  fees collected by the commissioner, is appropriated annually to 
 59.13  the Enforcement Division of the Department of Natural Resources 
 59.14  for the administration of such programs.  In addition to the fee 
 59.15  established by the commissioner, instructors may charge each 
 59.16  person up to the established fee amount for class materials and 
 59.17  expenses.  The commissioner shall cooperate with private 
 59.18  organizations and associations, private and public corporations, 
 59.19  and local governmental units in furtherance of the program 
 59.20  established under this clause.  School districts may cooperate 
 59.21  with the commissioner and volunteer instructors to provide space 
 59.22  for the classroom portion of the training.  The commissioner 
 59.23  shall consult with the commissioner of public safety in regard 
 59.24  to training program subject matter and performance testing that 
 59.25  leads to the certification of snowmobile operators. 
 59.26     (7) The operator of any snowmobile involved in an accident 
 59.27  resulting in injury requiring medical attention or 
 59.28  hospitalization to or death of any person or total damage to an 
 59.29  extent of $500 or more, shall forward a written report of the 
 59.30  accident to the commissioner on such form as the commissioner 
 59.31  shall prescribe.  If the operator is killed or is unable to file 
 59.32  a report due to incapacitation, any peace officer investigating 
 59.33  the accident shall file the accident report within ten business 
 59.34  days. 
 59.35     <b>[EFFECTIVE DATE.]</b> This section is effective July 6, 2005. 
 59.36     Sec. 41.  Minnesota Statutes 2004, section 84.91, 
 60.1   subdivision 1, is amended to read: 
 60.2      Subdivision 1.  [ACTS PROHIBITED.] (a) No owner or other 
 60.3   person having charge or control of any snowmobile or all-terrain 
 60.4   vehicle shall authorize or permit any individual the person 
 60.5   knows or has reason to believe is under the influence of alcohol 
 60.6   or a controlled substance or other substance to operate the 
 60.7   snowmobile or all-terrain vehicle anywhere in this state or on 
 60.8   the ice of any boundary water of this state. 
 60.9      (b) No owner or other person having charge or control of 
 60.10  any snowmobile or all-terrain vehicle shall knowingly authorize 
 60.11  or permit any person, who by reason of any physical or mental 
 60.12  disability is incapable of operating the vehicle, to operate the 
 60.13  snowmobile or all-terrain vehicle anywhere in this state or on 
 60.14  the ice of any boundary water of this state. 
 60.15     (c) A person who operates or is in physical control of a 
 60.16  snowmobile or all-terrain vehicle anywhere in this state or on 
 60.17  the ice of any boundary water of this state is subject to 
 60.18  chapter 169A.  In addition to the applicable sanctions under 
 60.19  chapter 169A, a person who is convicted of violating section 
 60.20  169A.20 or an ordinance in conformity with it while operating a 
 60.21  snowmobile or all-terrain vehicle, or who refuses to comply with 
 60.22  a lawful request to submit to testing under sections 169A.50 to 
 60.23  169A.53 or an ordinance in conformity with it, shall be 
 60.24  prohibited from operating the snowmobile or all-terrain vehicle 
 60.25  for a period of one year.  The commissioner shall notify the 
 60.26  person of the time period during which the person is prohibited 
 60.27  from operating a snowmobile or all-terrain vehicle. 
 60.28     (d) Administrative and judicial review of the operating 
 60.29  privileges prohibition is governed by section 97B.066, 
 60.30  subdivisions 7 to 9, if the person does not have a prior 
 60.31  impaired driving conviction or prior license revocation, as 
 60.32  defined in section 169A.03.  Otherwise, administrative and 
 60.33  judicial review of the prohibition is governed by section 
 60.34  169A.53.  
 60.35     (e) The court shall promptly forward to the commissioner 
 60.36  and the Department of Public Safety copies of all convictions 
 61.1   and criminal and civil sanctions imposed under this section and 
 61.2   chapter chapters 169 and 169A relating to snowmobiles and 
 61.3   all-terrain vehicles.  
 61.4      (f) A person who violates paragraph (a) or (b), or an 
 61.5   ordinance in conformity with either of them, is guilty of a 
 61.6   misdemeanor.  A person who operates a snowmobile or all-terrain 
 61.7   vehicle during the time period the person is prohibited from 
 61.8   operating a vehicle under paragraph (c) is guilty of a 
 61.9   misdemeanor. 
 61.10     Sec. 42.  Minnesota Statutes 2004, section 84.922, 
 61.11  subdivision 2, is amended to read: 
 61.12     Subd. 2.  [APPLICATION, ISSUANCE, REPORTS.] (a) Application 
 61.13  for registration or continued registration shall be made to the 
 61.14  commissioner of natural resources, the commissioner of public 
 61.15  safety or an authorized deputy registrar of motor vehicles in a 
 61.16  form prescribed by the commissioner.  The form must state the 
 61.17  name and address of every owner of the vehicle.  
 61.18     (b) A person who purchases an all-terrain vehicle from a 
 61.19  retail dealer shall make application for registration to the 
 61.20  dealer at the point of sale.  The dealer shall issue a dealer 
 61.21  temporary ten-day registration permit to each purchaser who 
 61.22  applies to the dealer for registration.  The dealer shall submit 
 61.23  the completed registration application and fees to the deputy 
 61.24  registrar at least once each week.  No fee may be charged by a 
 61.25  dealer to a purchaser for providing the temporary permit. 
 61.26     (c) Upon receipt of the application and the appropriate 
 61.27  fee, the commissioner or deputy registrar shall issue to the 
 61.28  applicant, or provide to the dealer, a 60-day temporary receipt 
 61.29  and shall assign a an assigned registration number that or a 
 61.30  commissioner or deputy registrar temporary ten-day permit.  Once 
 61.31  issued, the registration number must be affixed to the vehicle 
 61.32  in a manner prescribed by the commissioner.  A dealer subject to 
 61.33  paragraph (b) shall provide the registration materials and or 
 61.34  temporary receipt permit to the purchaser within the ten-day 
 61.35  temporary permit period.  The commissioner shall use the 
 61.36  snowmobile registration system to register vehicles under this 
 62.1   section.  
 62.2      (d) Each deputy registrar of motor vehicles acting under 
 62.3   section 168.33, is also a deputy registrar of all-terrain 
 62.4   vehicles.  The commissioner of natural resources in agreement 
 62.5   with the commissioner of public safety may prescribe the 
 62.6   accounting and procedural requirements necessary to assure 
 62.7   efficient handling of registrations and registration fees. 
 62.8   Deputy registrars shall strictly comply with the accounting and 
 62.9   procedural requirements.  
 62.10     (e) In addition to other fees prescribed by law, a filing 
 62.11  fee of $4.50 is charged for each all-terrain vehicle 
 62.12  registration renewal, duplicate or replacement registration 
 62.13  card, and replacement decal and a filing fee of $7 is charged 
 62.14  for each all-terrain vehicle registration and registration 
 62.15  transfer issued by: 
 62.16     (1) a deputy registrar and shall be deposited in the 
 62.17  treasury of the jurisdiction where the deputy is appointed, or 
 62.18  retained if the deputy is not a public official; or 
 62.19     (2) the commissioner and shall be deposited to the state 
 62.20  treasury and credited to the all-terrain vehicle account in the 
 62.21  natural resources fund. 
 62.22     Sec. 43.  Minnesota Statutes 2004, section 84.922, is 
 62.23  amended by adding a subdivision to read: 
 62.24     Subd. 12.  [REFUNDS.] The commissioner may issue a refund 
 62.25  on a registration, not including any issuing fees paid under 
 62.26  subdivision 2, paragraph (e), or section 84.027, subdivision 15, 
 62.27  paragraph (a), clause (3), if the refund request is received 
 62.28  within 12 months of the original registration and: 
 62.29     (1) the vehicle was registered incorrectly by the 
 62.30  commissioner or the deputy registrar; or 
 62.31     (2) the vehicle was registered twice, once by the dealer 
 62.32  and once by the customer. 
 62.33     Sec. 44.  Minnesota Statutes 2004, section 84.925, 
 62.34  subdivision 1, is amended to read: 
 62.35     Subdivision 1.  [PROGRAM ESTABLISHED.] (a) The commissioner 
 62.36  shall establish a comprehensive all-terrain vehicle 
 63.1   environmental and safety education and training program, 
 63.2   including the preparation and dissemination of vehicle 
 63.3   information and safety advice to the public, the training of 
 63.4   all-terrain vehicle operators, and the issuance of all-terrain 
 63.5   vehicle safety certificates to vehicle operators over the age of 
 63.6   12 years who successfully complete the all-terrain vehicle 
 63.7   environmental and safety education and training course.  
 63.8      (b) For the purpose of administering the program and to 
 63.9   defray a portion of the expenses of training and certifying 
 63.10  vehicle operators, the commissioner shall collect a fee of $15 
 63.11  from each person who receives the training.  The commissioner 
 63.12  shall collect a fee, to include a $1 issuing fee for licensing 
 63.13  agents, for issuing a duplicate all-terrain vehicle safety 
 63.14  certificate.  The commissioner shall establish the fee for a 
 63.15  duplicate all-terrain vehicle safety certificate that neither 
 63.16  significantly overrecovers nor underrecovers costs, including 
 63.17  overhead costs, involved in providing the service.  Fee 
 63.18  proceeds, except for the issuing fee for licensing agents under 
 63.19  this subdivision, shall be deposited in the all-terrain vehicle 
 63.20  account in the natural resources fund.  In addition to the fee 
 63.21  established by the commissioner, instructors may charge each 
 63.22  person the cost of class material and expenses. 
 63.23     (c) The commissioner shall cooperate with private 
 63.24  organizations and associations, private and public corporations, 
 63.25  and local governmental units in furtherance of the program 
 63.26  established under this section.  School districts may cooperate 
 63.27  with the commissioner and volunteer instructors to provide space 
 63.28  for the classroom portion of the training.  The commissioner 
 63.29  shall consult with the commissioner of public safety in regard 
 63.30  to training program subject matter and performance testing that 
 63.31  leads to the certification of vehicle operators.  By June 30, 
 63.32  2003, the commissioner shall incorporate a riding component in 
 63.33  the safety education and training program. 
 63.34     <b>[EFFECTIVE DATE.]</b> This section, except for the the last 
 63.35  sentence in paragraph (b), is effective July 6, 2005. 
 63.36     Sec. 45.  Minnesota Statutes 2004, section 84.925, is 
 64.1   amended by adding a subdivision to read: 
 64.2      Subd. 5.  [TRAINING REQUIREMENTS.] (a) An individual who 
 64.3   was born after July 1, 1987, and who is 16 years of age or 
 64.4   older, must successfully complete the independent study course 
 64.5   component of all-terrain vehicle safety training. 
 64.6      (b) An individual who is convicted of violating a law 
 64.7   related to the operation of an all-terrain vehicle must 
 64.8   successfully complete the independent study course component of 
 64.9   all-terrain vehicle safety training before continuing operation 
 64.10  of an all-terrain vehicle. 
 64.11     (c) An individual who is convicted for a second or 
 64.12  subsequent excess speed, trespass, or wetland violation in an 
 64.13  all-terrain vehicle season, or any conviction for careless or 
 64.14  reckless operation of an all-terrain vehicle, must successfully 
 64.15  complete the independent study and the testing and operating 
 64.16  course components of all-terrain vehicle safety training before 
 64.17  continuing operation of an all-terrain vehicle. 
 64.18     (d) An individual who receives three or more citations and 
 64.19  convictions for violating a law related to the operation of an 
 64.20  all-terrain vehicle in a two-year period must successfully 
 64.21  complete the independent study and the testing and operating 
 64.22  course components of all-terrain vehicle safety training before 
 64.23  continuing operation of an all-terrain vehicle. 
 64.24     (e) An individual must present evidence of compliance with 
 64.25  this subdivision before an all-terrain vehicle registration is 
 64.26  issued or renewed. 
 64.27     <b>[EFFECTIVE DATE.]</b> This section is effective January 1, 2006.
 64.28     Sec. 46.  Minnesota Statutes 2004, section 84.9256, 
 64.29  subdivision 1, is amended to read: 
 64.30     Subdivision 1.  [PROHIBITIONS ON YOUTHFUL OPERATORS.] (a) 
 64.31  Except for operation on public road rights-of-way that is 
 64.32  permitted under section 84.928, a driver's license issued by the 
 64.33  state or another state is required to operate an all-terrain 
 64.34  vehicle along or on a public road right-of-way. 
 64.35     (b) A person under 12 years of age shall not: 
 64.36     (1) make a direct crossing of a public road right-of-way; 
 65.1      (2) operate an all-terrain vehicle on a public road 
 65.2   right-of-way in the state; or 
 65.3      (3) operate an all-terrain vehicle on public lands or 
 65.4   waters, except as provided in paragraph (e).  
 65.5      (c) Except for public road rights-of-way of interstate 
 65.6   highways, a person 12 years of age but less than 16 years may 
 65.7   make a direct crossing of a public road right-of-way of a trunk, 
 65.8   county state-aid, or county highway or operate on public lands 
 65.9   and waters, only if that person possesses a valid all-terrain 
 65.10  vehicle safety certificate issued by the commissioner and is 
 65.11  accompanied on another all-terrain vehicle by a person 18 years 
 65.12  of age or older who holds a valid driver's license.  
 65.13     (d) To be issued an all-terrain vehicle safety certificates 
 65.14  issued by the commissioner to persons certificate, a person at 
 65.15  least 12 years old, but less than 16 years old, are not valid 
 65.16  for machines in excess of 90cc engine capacity unless must: 
 65.17     (1) the person successfully completed complete the safety 
 65.18  education and training program under section 84.925, subdivision 
 65.19  1, including a riding component; and 
 65.20     (2) the riding component of the training was conducted 
 65.21  using an all-terrain vehicle with over 90cc engine capacity; and 
 65.22     (3) the person is be able to properly reach and control the 
 65.23  handle bars and reach the foot pegs while sitting upright on the 
 65.24  seat of the all-terrain vehicle. 
 65.25     (e) A person at least ten years of age but under 12 years 
 65.26  of age may operate an all-terrain vehicle with an engine 
 65.27  capacity up to 90cc on public lands or waters if accompanied by 
 65.28  a parent or legal guardian. 
 65.29     Sec. 47.  Minnesota Statutes 2004, section 84.9257, is 
 65.30  amended to read: 
 65.31     84.9257 [PASSENGERS.] 
 65.32     (a) A parent or guardian may operate an all-terrain vehicle 
 65.33  carrying one passenger who is under 16 years of age and who 
 65.34  wears a safety helmet approved by the commissioner of public 
 65.35  safety. 
 65.36     (b) For the purpose of this section, "guardian" means a 
 66.1   legal guardian of a person under age 16, or a person 18 or older 
 66.2   who has been authorized by the parent or legal guardian to 
 66.3   supervise the person under age 16. 
 66.4      (c) A person 18 years of age or older may operate an 
 66.5   all-terrain vehicle carrying one passenger who is 16 or 17 years 
 66.6   of age and wears a safety helmet approved by the commissioner of 
 66.7   public safety. 
 66.8      (d) A person 18 years of age or older may operate an 
 66.9   all-terrain vehicle carrying one passenger who is 18 years of 
 66.10  age or older. 
 66.11     Sec. 48.  Minnesota Statutes 2004, section 84.926, is 
 66.12  amended to read: 
 66.13     84.926 [VEHICLE USE ALLOWED ON PUBLIC LANDS BY THE 
 66.14  COMMISSIONER; EXCEPTIONS.] 
 66.15     Subdivision 1.  [EXCEPTION BY PERMIT.] 
 66.16  Notwithstanding section sections 84.773, subdivision 1, and 
 66.17  84.777, on a case by case basis, the commissioner may issue a 
 66.18  permit authorizing a person to operate an off-highway vehicle on 
 66.19  individual public trails under the commissioner's jurisdiction 
 66.20  during specified times and for specified purposes.  
 66.21     Subd. 2.  [ALL-TERRAIN VEHICLES; MANAGED OR LIMITED 
 66.22  FORESTS; OFF TRAIL.] Notwithstanding section 84.777, but subject 
 66.23  to the commissioner's authority under subdivision 5, on state 
 66.24  forest lands classified as managed or limited, other than the 
 66.25  Richard J. Dorer Memorial Hardwood Forest, a person may use an 
 66.26  all-terrain vehicle off forest trails or forest roads when: 
 66.27     (1) hunting big game or transporting or installing hunting 
 66.28  stands during October, November, and December, when in 
 66.29  possession of a valid big game hunting license; 
 66.30     (2) retrieving big game in September, when in possession of 
 66.31  a valid big game hunting license; 
 66.32     (3) tending traps during an open trapping season for 
 66.33  protected furbearers, when in possession of a valid trapping 
 66.34  license; or 
 66.35     (4) trapping minnows, when in possession of a valid minnow 
 66.36  dealer, private fish hatchery, or aquatic farm license. 
 67.1      Subd. 3.  [ALL-TERRAIN VEHICLES; CLOSED FORESTS; 
 67.2   HUNTING.] Notwithstanding section 84.777, the commissioner may 
 67.3   determine whether all-terrain vehicles are allowed on specific 
 67.4   forest roads, on state forest lands classified as closed, for 
 67.5   the purpose of hunting big game during an open big game season.  
 67.6   The determination shall be by written order as published in the 
 67.7   State Register and is exempt from chapter 14.  Section 14.386 
 67.8   does not apply. 
 67.9      Subd. 4.  [OFF-ROAD AND ALL-TERRAIN VEHICLES; LIMITED OR 
 67.10  MANAGED FORESTS; TRAILS.] Notwithstanding section 84.777, but 
 67.11  subject to the commissioner's authority under subdivision 5, on 
 67.12  state forest lands classified as limited or managed, other than 
 67.13  the Richard J. Dorer Memorial Hardwood Forest, a person may use 
 67.14  vehicles registered under chapter 168 or section 84.798 or 
 67.15  84.922 on forest trails that are not designated for a specific 
 67.16  use when: 
 67.17     (1) hunting big game or transporting or installing hunting 
 67.18  stands during October, November, and December, when in 
 67.19  possession of a valid big game hunting license; 
 67.20     (2) retrieving big game in September, when in possession of 
 67.21  a valid big game hunting license; 
 67.22     (3) tending traps during an open trapping season for 
 67.23  protected furbearers, when in possession of a valid trapping 
 67.24  license; or 
 67.25     (4) trapping minnows, when in possession of a valid minnow 
 67.26  dealer, private fish hatchery, or aquatic farm license. 
 67.27     Subd. 5.  [LIMITATIONS ON OFF-TRAIL AND UNDESIGNATED TRAIL 
 67.28  USE.] The commissioner may designate areas on state forest lands 
 67.29  that are not subject to the exceptions provided in subdivisions 
 67.30  2 and 4.  Such designations are not subject to the rulemaking 
 67.31  provisions of chapter 14 and section 14.386 does not apply.  
 67.32  Before designating such areas, the commissioner shall hold a 
 67.33  public meeting in the county where the largest portion of the 
 67.34  forest lands are located to provide information to and receive 
 67.35  comment from the public regarding the proposed designation.  
 67.36  Sixty days before the public meeting, notice of the proposed 
 68.1   designation shall be published in the legal newspapers that 
 68.2   serve the counties in which the lands are located, in a 
 68.3   statewide Department of Natural Resources news release, and in 
 68.4   the State Register. 
 68.5      Sec. 49.  Minnesota Statutes 2004, section 84.928, 
 68.6   subdivision 2, is amended to read: 
 68.7      Subd. 2.  [OPERATION GENERALLY.] A person may not drive or 
 68.8   operate an all-terrain vehicle: 
 68.9      (1) at a rate of speed greater than reasonable or proper 
 68.10  under the surrounding circumstances; 
 68.11     (2) in a careless, reckless, or negligent manner so as to 
 68.12  endanger or to cause injury or damage to the person or property 
 68.13  of another; 
 68.14     (3) without headlight and taillight lighted at all times if 
 68.15  the vehicle is equipped with headlight and taillight; 
 68.16     (4) without a functioning stoplight if so equipped; 
 68.17     (5) in a tree nursery or planting in a manner that damages 
 68.18  or destroys growing stock; 
 68.19     (6) without a brake operational by either hand or foot; 
 68.20     (7) with more persons than one person on the vehicle than 
 68.21  it was designed for, except as allowed under section 84.9257; 
 68.22     (8) at a speed exceeding ten miles per hour on the frozen 
 68.23  surface of public waters within 100 feet of a person not on an 
 68.24  all-terrain vehicle or within 100 feet of a fishing shelter; or 
 68.25     (9) with a snorkel device that has a raised air intake six 
 68.26  inches or more above the vehicle manufacturer's original air 
 68.27  intake, except within the Iron Range Off-Highway Vehicle 
 68.28  Recreation Area as described in section 85.013, subdivision 12a, 
 68.29  or other public off-highway vehicle recreation areas; or 
 68.30     (9) (10) in a manner that violates operation rules adopted 
 68.31  by the commissioner. 
 68.32     Sec. 50.  Minnesota Statutes 2004, section 84D.03, 
 68.33  subdivision 4, is amended to read: 
 68.34     Subd. 4.  [COMMERCIAL FISHING AND TURTLE, FROG, AND 
 68.35  CRAYFISH HARVESTING RESTRICTIONS IN INFESTED AND NONINFESTED 
 68.36  WATERS.] (a) All nets, traps, buoys, anchors, stakes, and lines 
 69.1   used for commercial fishing or turtle, frog, or crayfish 
 69.2   harvesting in an infested waters, water that is designated 
 69.3   because the waters contain it contains invasive fish or 
 69.4   invertebrates, may not be used in noninfested any other waters.  
 69.5   If a commercial licensee operates in both noninfested waters and 
 69.6   an infested waters water designated because the waters contain 
 69.7   it contains invasive fish or invertebrates and other waters, all 
 69.8   nets, traps, buoys, anchors, stakes, and lines used for 
 69.9   commercial fishing or turtle, frog, or crayfish harvesting in 
 69.10  noninfested waters not designated as infested with invasive fish 
 69.11  or invertebrates must be tagged with tags provided by the 
 69.12  commissioner, as specified in the commercial licensee's license 
 69.13  or permit, and may not be used in infested waters designated 
 69.14  because the waters contain invasive fish or invertebrates. 
 69.15     (b) In infested waters designated solely because the waters 
 69.16  contain Eurasian water milfoil, All nets, traps, buoys, anchors, 
 69.17  stakes, and lines used for commercial fishing or turtle, frog, 
 69.18  or crayfish harvesting in an infested water that is designated 
 69.19  solely because it contains Eurasian water milfoil must be dried 
 69.20  for a minimum of ten days or frozen for a minimum of two days 
 69.21  before they are used in noninfested any other waters, except as 
 69.22  provided in this paragraph.  Commercial operators licensees must 
 69.23  notify the department's regional or area fisheries office or a 
 69.24  conservation officer when before removing nets or equipment from 
 69.25  an infested waters water designated solely because it contains 
 69.26  Eurasian water milfoil and before resetting those nets or 
 69.27  equipment in noninfested any other waters.  All aquatic 
 69.28  macrophytes Upon such notification, the commissioner may 
 69.29  authorize a commercial licensee to move nets or equipment to 
 69.30  another water without freezing or drying, if that water is 
 69.31  designated as infested solely because it contains Eurasian water 
 69.32  milfoil.  
 69.33     (c) A commercial licensee must be removed remove all 
 69.34  aquatic macrophytes from nets and other equipment when the nets 
 69.35  and equipment are removed from infested waters of the state. 
 69.36     (d) The commissioner shall provide a commercial licensee 
 70.1   with a current listing of designated infested waters at the time 
 70.2   that a license or permit is issued. 
 70.3      Sec. 51.  Minnesota Statutes 2004, section 85.053, 
 70.4   subdivision 1, is amended to read: 
 70.5      Subdivision 1.  [FORM, ISSUANCE, VALIDITY.] (a) The 
 70.6   commissioner shall prepare and provide state park permits for 
 70.7   each calendar year that state a motor vehicle may enter and use 
 70.8   state parks, state recreation areas, and state waysides over 50 
 70.9   acres in area.  State park permits must be available and placed 
 70.10  on sale by January 1 of the calendar year that the permit is 
 70.11  valid.  A separate motorcycle permit may be prepared and 
 70.12  provided by the commissioner. 
 70.13     (b) An annual state park permit must be affixed when 
 70.14  purchased and may be used from the time it is affixed purchased 
 70.15  for a 12-month period.  State park permits in each category must 
 70.16  be numbered consecutively for each year of issue.  
 70.17     (c) State park permits shall be issued by employees of the 
 70.18  Division of Parks and Recreation as designated by the 
 70.19  commissioner.  State park permits also may be consigned to and 
 70.20  issued by agents designated by the commissioner who are not 
 70.21  employees of the Division of Parks and Recreation.  All proceeds 
 70.22  from the sale of permits and all unsold permits consigned to 
 70.23  agents shall be returned to the commissioner at such times as 
 70.24  the commissioner may direct, but no later than the end of the 
 70.25  calendar year for which the permits are effective.  No part of 
 70.26  the permit fee may be retained by an agent.  An additional 
 70.27  charge or fee in an amount to be determined by the commissioner, 
 70.28  but not to exceed four percent of the price of the permit, may 
 70.29  be collected and retained by an agent for handling or selling 
 70.30  the permits. 
 70.31     Sec. 52.  Minnesota Statutes 2004, section 85.053, 
 70.32  subdivision 2, is amended to read: 
 70.33     Subd. 2.  [REQUIREMENT.] Except as provided in section 
 70.34  85.054, a motor vehicle may not enter a state park, state 
 70.35  recreation area, or state wayside over 50 acres in area, without 
 70.36  a state park permit issued under this section.  Except for 
 71.1   vehicles permitted under subdivision 7, paragraph (a), clause 
 71.2   (2), the state park permit must be affixed to the lower right 
 71.3   corner windshield of the motor vehicle and must be completely 
 71.4   affixed by its own adhesive to the windshield, or the 
 71.5   commissioner may, by written order, provide an alternative means 
 71.6   to display and validate annual permits. 
 71.7      Sec. 53.  Minnesota Statutes 2004, section 85.055, is 
 71.8   amended by adding a subdivision to read: 
 71.9      Subd. 1b.  [DISCOUNTS.] Except as otherwise specified in 
 71.10  law, and notwithstanding section 16A.1285, subdivision 2, the 
 71.11  commissioner may by written order authorize waiver or reduction 
 71.12  of state park entrance fees. 
 71.13     Sec. 54.  Minnesota Statutes 2004, section 85.055, 
 71.14  subdivision 2, is amended to read: 
 71.15     Subd. 2.  [FEE DEPOSIT AND APPROPRIATION.] The fees 
 71.16  collected under this section shall be deposited in the natural 
 71.17  resources fund and credited to a the state parks account.  Money 
 71.18  in the account, except for the electronic licensing system 
 71.19  commission established by the commissioner under section 84.027, 
 71.20  subdivision 15, is available for appropriation to the 
 71.21  commissioner to operate and maintain the state park system. 
 71.22     <b>[EFFECTIVE DATE.]</b> This section is effective July 6, 2005. 
 71.23     Sec. 55.  Minnesota Statutes 2004, section 85.42, is 
 71.24  amended to read: 
 71.25     85.42 [USER FEE; VALIDITY.] 
 71.26     (a) The fee for an annual cross-country ski pass is $9 $14 
 71.27  for an individual age 16 and over.  The fee for a three-year 
 71.28  pass is $24 $39 for an individual age 16 and over.  This fee 
 71.29  shall be collected at the time the pass is purchased.  
 71.30  Three-year passes are valid for three years beginning the 
 71.31  previous July 1.  Annual passes are valid for one year beginning 
 71.32  the previous July 1. 
 71.33     (b) The cost for a daily cross-country skier pass is $2 $4 
 71.34  for an individual age 16 and over.  This fee shall be collected 
 71.35  at the time the pass is purchased.  The daily pass is valid only 
 71.36  for the date designated on the pass form. 
 72.1      (c) A pass must be signed by the skier across the front of 
 72.2   the pass to be valid and becomes nontransferable on signing.  
 72.3      Sec. 56.  Minnesota Statutes 2004, section 85.43, is 
 72.4   amended to read: 
 72.5      85.43 [DISPOSITION OF RECEIPTS; PURPOSE.] 
 72.6      (a) Fees from cross-country ski passes shall be deposited 
 72.7   in the state treasury and credited to a cross-country ski 
 72.8   account in the natural resources fund and, except as provided in 
 72.9   paragraph (b) for the electronic licensing system commission 
 72.10  established by the commissioner under section 84.027, 
 72.11  subdivision 15, are appropriated to the commissioner of natural 
 72.12  resources for: 
 72.13     (1) grants-in-aid for cross-country ski trails sponsored by 
 72.14  local units of government and special park districts as provided 
 72.15  in section 85.44; and 
 72.16     (2) maintenance, winter grooming, and associated 
 72.17  administrative costs for cross-country ski trails under the 
 72.18  jurisdiction of the commissioner. 
 72.19     (b) The commissioner shall retain for the operation of the 
 72.20  electronic licensing system a commission of 4.7 percent of all 
 72.21  cross-country ski pass fees collected. 
 72.22     <b>[EFFECTIVE DATE.]</b> This section is effective July 6, 2005. 
 72.23     Sec. 57.  Minnesota Statutes 2004, section 86B.415, 
 72.24  subdivision 1, is amended to read: 
 72.25     Subdivision 1.  [WATERCRAFT 19 FEET OR LESS.] The fee for a 
 72.26  watercraft license for watercraft 19 feet or less in length 
 72.27  is $18 $27 except: 
 72.28     (1) for watercraft, other than personal watercraft, 19 feet 
 72.29  in length or less that is offered for rent or lease, the fee is 
 72.30  $6 $12; 
 72.31     (2) for a canoe, kayak, sailboat, sailboard, paddle boat, 
 72.32  or rowing shell 19 feet in length or less, the fee is $7 $14; 
 72.33     (3) for a watercraft 19 feet in length or less used by a 
 72.34  nonprofit corporation for teaching boat and water safety, the 
 72.35  fee is as provided in subdivision 4; 
 72.36     (4) for a watercraft owned by a dealer under a dealer's 
 73.1   license, the fee is as provided in subdivision 5; 
 73.2      (5) for a personal watercraft, the fee is $25 $37.50; and 
 73.3      (6) for a watercraft less than 17 feet in length, other 
 73.4   than a watercraft listed in clauses (1) to (5), the fee 
 73.5   is $12 $24. 
 73.6      Sec. 58.  Minnesota Statutes 2004, section 86B.415, 
 73.7   subdivision 2, is amended to read: 
 73.8      Subd. 2.  [WATERCRAFT OVER 19 FEET.] Except as provided in 
 73.9   subdivisions 3, 4, and 5, the watercraft license fee: 
 73.10     (1) for a watercraft more than 19 feet but less than 26 
 73.11  feet in length is $30 $45; 
 73.12     (2) for a watercraft 26 feet but less than 40 feet in 
 73.13  length is $45 $67.50; and 
 73.14     (3) for a watercraft 40 feet in length or longer is $60 $90.
 73.15     Sec. 59.  Minnesota Statutes 2004, section 86B.415, 
 73.16  subdivision 3, is amended to read: 
 73.17     Subd. 3.  [WATERCRAFT OVER 19 FEET FOR HIRE.] The license 
 73.18  fee for a watercraft more than 19 feet in length for hire with 
 73.19  an operator is $50 $100 each.  
 73.20     Sec. 60.  Minnesota Statutes 2004, section 86B.415, 
 73.21  subdivision 4, is amended to read: 
 73.22     Subd. 4.  [WATERCRAFT USED BY NONPROFIT CORPORATION FOR 
 73.23  TEACHING.] The watercraft license fee for a watercraft used by a 
 73.24  nonprofit organization for teaching boat and water safety is 
 73.25  $3 $6 each.  
 73.26     Sec. 61.  Minnesota Statutes 2004, section 86B.415, 
 73.27  subdivision 5, is amended to read: 
 73.28     Subd. 5.  [DEALER'S LICENSE.] There is no separate fee for 
 73.29  watercraft owned by a dealer under a dealer's license.  The fee 
 73.30  for a dealer's license is $45 $67.50.  
 73.31     Sec. 62.  Minnesota Statutes 2004, section 86B.415, 
 73.32  subdivision 6, is amended to read: 
 73.33     Subd. 6.  [TRANSFER OR DUPLICATE LICENSE.] The fee to 
 73.34  transfer a watercraft license or be issued a duplicate license 
 73.35  is $3 $6.  
 73.36     Sec. 63.  Minnesota Statutes 2004, section 86B.415, is 
 74.1   amended by adding a subdivision to read: 
 74.2      Subd. 11.  [REFUNDS.] The commissioner may issue a refund 
 74.3   on a license or title, not including any issuing fees paid under 
 74.4   subdivision 8 or section 84.027, subdivision 15, paragraph (a), 
 74.5   clause (3), or 86B.870, subdivision 1, paragraph (b), if the 
 74.6   refund request is received within 12 months of the original 
 74.7   license or title and: 
 74.8      (1) the watercraft was licensed or titled incorrectly by 
 74.9   the commissioner or the deputy registrar; 
 74.10     (2) the customer was incorrectly charged a title fee; or 
 74.11     (3) the watercraft was licensed or titled twice, once by 
 74.12  the dealer and once by the customer. 
 74.13     Sec. 64.  [86B.706] [WATER RECREATION ACCOUNT; RECEIPTS AND 
 74.14  PURPOSE.] 
 74.15     Subdivision 1.  [CREATION.] The water recreation account is 
 74.16  created in the state treasury in the natural resources fund. 
 74.17     Subd. 2.  [MONEY DEPOSITED IN ACCOUNT.] The following shall 
 74.18  be deposited in the state treasury and credited to the water 
 74.19  recreation account: 
 74.20     (1) fees and surcharges from titling and licensing of 
 74.21  watercraft under this chapter; 
 74.22     (2) fines, installment payments, and forfeited bail 
 74.23  according to section 86B.705, subdivision 2; 
 74.24     (3) civil penalties according to section 84D.13; 
 74.25     (4) mooring fees and receipts from the sale of marine gas 
 74.26  at state-operated or state-assisted small craft harbors and 
 74.27  mooring facilities according to section 86A.21; 
 74.28     (5) the unrefunded gasoline tax attributable to watercraft 
 74.29  use under section 296A.18; and 
 74.30     (6) fees for permits issued to control or harvest aquatic 
 74.31  plants other than wild rice under section 103G.615, subdivision 
 74.32  2. 
 74.33     Subd. 3.  [PURPOSES.] The money in the account may be 
 74.34  expended only as appropriated by law for the following purposes: 
 74.35     (1) as directed under section 296A.18, subdivision 2, for 
 74.36  acquisition, development, maintenance, and rehabilitation of 
 75.1   public water access and boating facilities on public waters; 
 75.2   lake and river improvements; and boat and water safety; 
 75.3      (2) from the fees collected at state-operated or 
 75.4   state-assisted small craft harbors and mooring facilities from 
 75.5   daily and seasonal moorings and the sale of marine gas, for 
 75.6   maintenance, operation, replacement, and expansion of these 
 75.7   facilities and for the debt service on state bonds sold to 
 75.8   finance these facilities; 
 75.9      (3) for administration and enforcement of this chapter as 
 75.10  it pertains to titling and licensing of watercraft and use and 
 75.11  safe operation of watercraft; grants for county-sponsored and 
 75.12  administered boat and water safety programs; and state boat and 
 75.13  water safety efforts; 
 75.14     (4) for management of aquatic invasive species and the 
 75.15  implementation of chapter 84D as it pertains to aquatic invasive 
 75.16  species, including control, public awareness, law enforcement, 
 75.17  assessment and monitoring, management planning, and research; 
 75.18  and 
 75.19     (5) for management of aquatic plants and the implementation 
 75.20  of section 103G.615 as it pertains to aquatic plants, including 
 75.21  plant removal permitting, control, public awareness, law 
 75.22  enforcement, assessment and monitoring, management planning, and 
 75.23  research. 
 75.24     Sec. 65.  Minnesota Statutes 2004, section 88.17, 
 75.25  subdivision 1, is amended to read: 
 75.26     Subdivision 1.  [PERMIT REQUIRED.] (a) A permit to start a 
 75.27  fire to burn vegetative materials and other materials allowed by 
 75.28  Minnesota Statutes or official state rules and regulations may 
 75.29  be given by the commissioner or the commissioner's agent.  This 
 75.30  permission shall be in the form of: 
 75.31     (1) a written permit signed issued by a forest officer, 
 75.32  fire warden, authorized Minnesota pollution control agent, or 
 75.33  other person authorized by the forest officer, or town fire 
 75.34  warden, and commissioner; or 
 75.35     (2) an electronic permit issued by the commissioner, an 
 75.36  agent authorized by the commissioner, or an Internet site 
 76.1   authorized by the commissioner. 
 76.2      (b) Burning permits shall set the time and conditions by 
 76.3   which the fire may be started and burned.  The permit shall also 
 76.4   specifically list the materials that may be burned.  The 
 76.5   permittee must have the permit on their person and shall produce 
 76.6   the permit for inspection when requested to do so by a forest 
 76.7   officer, town fire warden, conservation officer, or other peace 
 76.8   officer.  The permittee shall remain with the fire at all times 
 76.9   and before leaving the site shall completely extinguish the 
 76.10  fire.  A person shall not start or cause a fire to be started on 
 76.11  any land that is not owned or under their legal control without 
 76.12  the written permission of the owner, lessee, or an agent of the 
 76.13  owner or lessee of the land.  Violating or exceeding the permit 
 76.14  conditions shall constitute a misdemeanor and shall be cause for 
 76.15  the permit to be revoked. 
 76.16     Sec. 66.  Minnesota Statutes 2004, section 88.17, is 
 76.17  amended by adding a subdivision to read:: 
 76.18     Subd. 4.  [ACCOUNT CREATED.] There is created in the state 
 76.19  treasury a burning permit account within the natural resources 
 76.20  fund where all fees collected under this section shall be 
 76.21  deposited. 
 76.22     Sec. 67.  Minnesota Statutes 2004, section 88.17, is 
 76.23  amended by adding a subdivision to read: 
 76.24     Subd. 5.  [PERMIT FEES.] (a) The annual fees for an 
 76.25  electronic burning permit are: 
 76.26     (1) $5 for a noncommercial burning permit; and 
 76.27     (2) for commercial enterprises that obtain multiple 
 76.28  permits, $5 per permit for each burning site, up to a maximum of 
 76.29  $50 per individual business enterprise per year.  
 76.30     (b) Except for the issuing fee under paragraph (c), and for 
 76.31  the electronic licensing system commission established by the 
 76.32  commissioner under section 84.027, subdivision 15, money 
 76.33  received from permits issued under this section shall be 
 76.34  deposited in the state treasury and credited to the burning 
 76.35  permit account and is annually appropriated to the commissioner 
 76.36  of natural resources for the costs of operating the burning 
 77.1   permit system. 
 77.2      (c) Of the fee amount collected under paragraph (a), $1 
 77.3   shall be retained by the permit agent as a commission for 
 77.4   issuing electronic permits. 
 77.5      Sec. 68.  Minnesota Statutes 2004, section 88.6435, 
 77.6   subdivision 4, is amended to read: 
 77.7      Subd. 4.  [FOREST BOUGH ACCOUNT; DISPOSITION OF PERMIT FEES 
 77.8   AND PENALTIES.] (a) The forest bough account is established in 
 77.9   the state treasury within the natural resources fund. 
 77.10     (b) Fees for permits issued under this section shall be 
 77.11  deposited in the state treasury and credited to the special 
 77.12  revenue fund forest bough account and, except for the electronic 
 77.13  licensing system commission established by the commissioner 
 77.14  under section 84.027, subdivision 15, are annually appropriated 
 77.15  to the commissioner of natural resources for costs associated 
 77.16  with balsam bough educational programs for harvesters and buyers.
 77.17     <b>[EFFECTIVE DATE.]</b> This section is effective July 6, 2005. 
 77.18     Sec. 69.  Minnesota Statutes 2004, section 89.039, 
 77.19  subdivision 1, is amended to read: 
 77.20     Subdivision 1.  [ACCOUNT ESTABLISHED; SOURCES.] The forest 
 77.21  management investment account is created in the natural 
 77.22  resources fund in the state treasury and money in the account 
 77.23  may be spent only for the purposes provided in subdivision 2.  
 77.24  The following revenue shall be deposited in the forest 
 77.25  management investment account: 
 77.26     (1) timber sales receipts transferred from the consolidated 
 77.27  conservation areas account as provided in section 84A.51, 
 77.28  subdivision 2; 
 77.29     (2) timber sales receipts from forest lands as provided in 
 77.30  section 89.035; and 
 77.31     (3) money transferred from the forest suspense account 
 77.32  according to section 16A.125, subdivision 5; and 
 77.33     (4) interest accruing from investment of the account. 
 77.34     Sec. 70.  Minnesota Statutes 2004, section 89.19, 
 77.35  subdivision 2, is amended to read: 
 77.36     Subd. 2.  [RULEMAKING EXEMPTION.] Designations of forest 
 78.1   trails and changes to the designations by the commissioner shall 
 78.2   be by written order published in the State Register.  
 78.3   Designations and changes to designations are not subject to the 
 78.4   rulemaking provisions of chapter 14 and section 14.386 does not 
 78.5   apply.  Before designating or changing a designation of forest 
 78.6   trails, the commissioner shall hold a public meeting in the 
 78.7   county where the largest portion of the forest lands are located 
 78.8   to provide information to and receive comment from the public 
 78.9   regarding the proposed trail designation or change in 
 78.10  designation.  Sixty days before the public meeting, notice of 
 78.11  the proposed forest trail designation or change in designation 
 78.12  shall be published in the legal newspapers that serve the 
 78.13  counties in which the lands are located, in a statewide 
 78.14  Department of Natural Resources news release, and in the State 
 78.15  Register. 
 78.16     Sec. 71.  Minnesota Statutes 2004, section 89.37, is 
 78.17  amended by adding a subdivision to read: 
 78.18     Subd. 4a.  [SURCHARGE.] For tree seedlings sold according 
 78.19  to this section, the commissioner may assess a 2.5 cent 
 78.20  surcharge on each tree seedling.  All surcharges collected under 
 78.21  this subdivision must be deposited in the state treasury and 
 78.22  credited to the forest nursery account and are annually 
 78.23  appropriated to the commissioner for the purpose of forestry 
 78.24  education and technical assistance. 
 78.25     Sec. 72.  Minnesota Statutes 2004, section 92.03, 
 78.26  subdivision 4, is amended to read: 
 78.27     Subd. 4.  [INTERNAL IMPROVEMENT LANDS.] When lands donated 
 78.28  to the state under the eighth section of an act of Congress 
 78.29  entitled "An act to appropriate the proceeds of the sales of the 
 78.30  public lands, and to grant preemption rights," approved 
 78.31  September 4, 1841, must be are sold and, the money derived from 
 78.32  its sale must be invested, as provided by the Minnesota 
 78.33  Constitution, article XI, section 8. 
 78.34     Sec. 73.  [92.685] [LAND MANAGEMENT ACCOUNT.] 
 78.35     The land management account is created in the natural 
 78.36  resources fund.  Money credited to the account is appropriated 
 79.1   annually to the commissioner of natural resources for the Lands 
 79.2   and Minerals Division to administer the road easement program 
 79.3   under section 84.631. 
 79.4      Sec. 74.  Minnesota Statutes 2004, section 93.22, 
 79.5   subdivision 1, is amended to read: 
 79.6      Subdivision 1.  [GENERALLY.] (a) All payments under 
 79.7   sections 93.14 to 93.285 shall be made to the Department of 
 79.8   Natural Resources and shall be credited according to this 
 79.9   section.  
 79.10     (a) (b) Twenty percent of all payments under sections 93.14 
 79.11  to 93.285 shall be credited to the minerals management account 
 79.12  in the natural resources fund as costs for the administration 
 79.13  and management of state mineral resources by the commissioner of 
 79.14  natural resources. 
 79.15     (c) The remainder of the payments shall be credited as 
 79.16  follows: 
 79.17     (1) if the lands or minerals and mineral rights covered by 
 79.18  a lease are held by the state by virtue of an act of Congress, 
 79.19  payments made under the lease shall be credited to the permanent 
 79.20  fund of the class of land to which the leased premises belong.; 
 79.21     (b) (2) if a lease covers the bed of navigable waters, 
 79.22  payments made under the lease shall be credited to the permanent 
 79.23  school fund of the state.; 
 79.24     (c) (3) if the lands or minerals and mineral rights covered 
 79.25  by a lease are held by the state in trust for the taxing 
 79.26  districts, payments made under the lease shall be distributed 
 79.27  annually on the first day of September as follows: 
 79.28     (1) 20 percent to the general fund; and 
 79.29     (2) 80 percent to the respective counties in which the 
 79.30  lands lie, to be apportioned among the taxing districts 
 79.31  interested therein as follows:  county, three-ninths; town or 
 79.32  city, two-ninths; and school district, four-ninths.; 
 79.33     (4) if the lands or mineral rights covered by a lease 
 79.34  became the absolute property of the state under the provisions 
 79.35  of chapter 84A, payments made under the lease shall be 
 79.36  distributed as follows:  county containing the land from which 
 80.1   the income was derived, five-eighths; and general fund of the 
 80.2   state, three-eighths; and 
 80.3      (d) (5) Except as provided under this section and except 
 80.4   where the disposition of payments may be otherwise directed by 
 80.5   law, all payments made under a lease shall be paid into the 
 80.6   general fund of the state. 
 80.7      Sec. 75.  [93.2236] [MINERALS MANAGEMENT ACCOUNT.] 
 80.8      (a) The minerals management account is created as an 
 80.9   account in the natural resources fund.  Interest earned on money 
 80.10  in the account accrues to the account.  Money in the account may 
 80.11  be spent or distributed only as provided in paragraphs (b) and 
 80.12  (c). 
 80.13     (b) If the balance in the minerals management account 
 80.14  exceeds $3,000,000 on June 30, the amount exceeding $3,000,000 
 80.15  must be distributed to the permanent school fund and the 
 80.16  permanent university fund.  The amount distributed to each fund 
 80.17  must be in the same proportion as the total mineral lease 
 80.18  revenue received in the previous biennium from school trust 
 80.19  lands and university lands. 
 80.20     (c) Subject to appropriation by the legislature, money in 
 80.21  the minerals management account may be spent by the commissioner 
 80.22  of natural resources for mineral resource management and 
 80.23  projects to enhance future mineral income and promote new 
 80.24  mineral resource opportunities. 
 80.25     Sec. 76.  Minnesota Statutes 2004, section 94.342, 
 80.26  subdivision 1, is amended to read: 
 80.27     Subdivision 1.  [CLASS A.] All land owned by the state and 
 80.28  controlled or administered by the commissioner or by any 
 80.29  division or agency of the Department of Natural Resources shall 
 80.30  be known as Class A land for the purposes of sections 94.341 to 
 80.31  94.347.  Class A land shall include school, swamp, internal 
 80.32  improvement, and other land granted to the state by acts of 
 80.33  Congress, state forest land, tax-forfeited land held by the 
 80.34  state free from any trust in favor of taxing districts, and 
 80.35  other land acquired by the state in any manner and controlled or 
 80.36  administered as aforesaid; but this enumeration shall not be 
 81.1   deemed exclusive.  
 81.2      Sec. 77.  Minnesota Statutes 2004, section 94.342, 
 81.3   subdivision 3, is amended to read: 
 81.4      Subd. 3.  [CLASS C ADDITIONAL RESTRICTIONS ON RIPARIAN 
 81.5   LAND.] Land bordering on or adjacent to any meandered or other 
 81.6   public waters and withdrawn from sale by law is Class C riparian 
 81.7   land.  Class C Riparian land may not be given in exchange unless 
 81.8   expressly authorized by the legislature or unless through the 
 81.9   same exchange the state acquires land on the same or other 
 81.10  public waters in the same general vicinity affording at least 
 81.11  equal opportunity for access to the waters and other riparian 
 81.12  use by the public; provided, that any exchange with the United 
 81.13  States or any agency thereof may be made free from this 
 81.14  limitation upon condition that the state land given in exchange 
 81.15  bordering on public waters shall be subject to reservations by 
 81.16  the state for public travel along the shores as provided by 
 81.17  section 92.45, unless waived as provided in this subdivision, 
 81.18  and that there shall be reserved by the state such additional 
 81.19  rights of public use upon suitable portions of such state land 
 81.20  as the commissioner of natural resources, with the approval of 
 81.21  the Land Exchange Board, may deem necessary or desirable for 
 81.22  camping, hunting, fishing, access to the water, and other public 
 81.23  uses.  In regard to Class B or Class C riparian land that is 
 81.24  contained within that portion of the Superior National Forest 
 81.25  that is designated as the Boundary Waters Canoe Area Wilderness, 
 81.26  the condition that state land given in exchange bordering on 
 81.27  public waters must be subject to the public travel reservations 
 81.28  provided in section 92.45, may be waived by the Land Exchange 
 81.29  Board upon the recommendation of the commissioner of natural 
 81.30  resources and, if the land is Class B land, the additional 
 81.31  recommendation of the county board in which the land is located. 
 81.32     Sec. 78.  Minnesota Statutes 2004, section 94.342, 
 81.33  subdivision 4, is amended to read: 
 81.34     Subd. 4.  [ADDITIONAL RESTRICTIONS ON STATE PARK LAND.] 
 81.35  Land specifically designated by law as a state park may not be 
 81.36  given in exchange unless the land is school trust land that is 
 82.1   exchanged for Class A or Class C land located outside a state 
 82.2   park. 
 82.3      Sec. 79.  Minnesota Statutes 2004, section 94.342, 
 82.4   subdivision 5, is amended to read: 
 82.5      Subd. 5.  [ADDITIONAL RESTRICTIONS ON SCHOOL TRUST LAND.] 
 82.6   School trust land may be exchanged with other state Class A land 
 82.7   only if the Permanent School Fund Advisory Committee is 
 82.8   appointed as temporary trustee of the school trust land for 
 82.9   purposes of the exchange.  The committee shall provide 
 82.10  independent legal counsel to review the exchanges. 
 82.11     Sec. 80.  Minnesota Statutes 2004, section 94.343, 
 82.12  subdivision 1, is amended to read: 
 82.13     Subdivision 1.  [GENERAL EXCHANGE PROVISIONS.] Except as 
 82.14  otherwise herein provided, (a) Any Class A land may, with the 
 82.15  unanimous approval of the board, be exchanged for any publicly 
 82.16  held or privately owned land in the manner and subject to the 
 82.17  conditions herein prescribed.  Class A land may be exchanged 
 82.18  only if it meets the requirements of subdivision 3 or 5. 
 82.19     (b) The commissioner, with the approval of the board, shall 
 82.20  formulate general programs of exchange of Class A land designed 
 82.21  to serve the best interests of the state in the acquisition, 
 82.22  development, and use of lands for purposes within the province 
 82.23  of the Department of Natural Resources. 
 82.24     Sec. 81.  Minnesota Statutes 2004, section 94.343, is 
 82.25  amended by adding a subdivision to read: 
 82.26     Subd. 2a.  [VALUATION OF LAND.] The commissioner shall 
 82.27  cause the state land and the land proposed to be exchanged 
 82.28  therefor to be examined and value determined as provided in 
 82.29  section 84.0272; provided, that in exchanges with the United 
 82.30  States or any agency thereof the examination and value 
 82.31  determination may be made in such manner as the Land Exchange 
 82.32  Board may direct.  The determined values shall not be 
 82.33  conclusive, but shall be taken into consideration by the 
 82.34  commissioner and the board, together with such other matters as 
 82.35  they deem material, in determining the values for the purposes 
 82.36  of exchange. 
 83.1      Sec. 82.  Minnesota Statutes 2004, section 94.343, 
 83.2   subdivision 3, is amended to read: 
 83.3      Subd. 3.  [EXCHANGING LAND OF SUBSTANTIALLY EQUAL VALUE 
 83.4   REQUIRED OR LOWER VALUE.] (a) Except as otherwise herein 
 83.5   provided, Class A land shall be exchanged only for land of at 
 83.6   least substantially equal value to the state, as determined by 
 83.7   the commissioner, with the approval of the board.  For the 
 83.8   purposes of such determination, the commissioner shall cause the 
 83.9   state land and the land proposed to be exchanged therefor to be 
 83.10  examined and appraised by qualified state appraisers as provided 
 83.11  in section 84.0272; provided, that in exchanges with the United 
 83.12  States or any agency thereof the examination and appraisal may 
 83.13  be made in such manner as the Land Exchange Board may direct.  
 83.14  The appraisers shall determine the fair market value of the 
 83.15  lands involved, disregarding any minimum value fixed for state 
 83.16  land by the state Constitution or by law, and shall make a 
 83.17  report thereof, together with such other pertinent information 
 83.18  respecting the use and value of the lands to the state as they 
 83.19  deem pertinent or as the commissioner or the board may require.  
 83.20  Such reports shall be filed and preserved in the same manner as 
 83.21  other reports of appraisal of state lands.  The appraised values 
 83.22  shall not be conclusive, but shall be taken into consideration 
 83.23  by the commissioner and the board, together with such other 
 83.24  matters as they deem material, in determining the values for the 
 83.25  purposes of exchange. 
 83.26     (b) For the purposes of this subdivision, "substantially 
 83.27  equal value" means: 
 83.28     (1) where the lands being exchanged are both over 100 
 83.29  acres, their values do not differ by more than ten percent; and 
 83.30     (2) in other cases, the values of the exchanged lands do 
 83.31  not differ by more than 20 percent. 
 83.32     (c) Other than school trust land, Class A land may be 
 83.33  exchanged for land of lesser value if the other party to the 
 83.34  exchange pays to the state the amount of the difference in value.
 83.35  Money received by the commissioner in such cases shall be 
 83.36  credited to the same fund as in the case of sale of the land, if 
 84.1   such a fund exists, otherwise to the special fund, if any, from 
 84.2   which the cost of the land was paid, otherwise to the general 
 84.3   fund. 
 84.4      Sec. 83.  Minnesota Statutes 2004, section 94.343, 
 84.5   subdivision 7, is amended to read: 
 84.6      Subd. 7.  [PUBLIC HEARING.] Before giving final approval to 
 84.7   any exchange of Class A land, the board commissioner shall hold 
 84.8   a public hearing thereon at the capital city or at some place 
 84.9   which it may designate in the general area where the lands 
 84.10  involved are situated; provided, that the board may direct such 
 84.11  hearing to be held in its behalf by any of its members or by the 
 84.12  commissioner or by a referee appointed by the board.  The 
 84.13  commissioner shall furnish to the auditor of each county 
 84.14  affected a notice of the hearing signed by the state auditor as 
 84.15  secretary of the board commissioner, together with a list of all 
 84.16  the lands proposed to be exchanged and situated in the county, 
 84.17  and the county auditor shall post the same in the auditor's 
 84.18  office at least two weeks before the hearing.  The county 
 84.19  auditor commissioner shall also cause a copy of the notice, 
 84.20  referring to the list of lands posted, to be published at least 
 84.21  two weeks before the hearing in a legal newspaper published in 
 84.22  the county.  The cost of publication of the notice shall be paid 
 84.23  by the state out of any moneys appropriated for the expenses of 
 84.24  the board commissioner. 
 84.25     Sec. 84.  Minnesota Statutes 2004, section 94.343, 
 84.26  subdivision 8, is amended to read: 
 84.27     Subd. 8.  [PROPOSALS FOR EXCHANGE.] The commissioner, with 
 84.28  the approval of the board, may submit a proposal for exchange of 
 84.29  Class A land to any land owner concerned.  Any land owner may 
 84.30  submit to the commissioner and the board a proposal for exchange 
 84.31  in such form as the commissioner, with the approval of the 
 84.32  board, may prescribe. 
 84.33     Sec. 85.  Minnesota Statutes 2004, section 94.343, is 
 84.34  amended by adding a subdivision to read: 
 84.35     Subd. 8a.  [FEES.] (a) When a private landowner or 
 84.36  governmental unit, except the state, presents to the 
 85.1   commissioner an offer to exchange privately or publicly held 
 85.2   land for Class A land, the private landowner or governmental 
 85.3   unit shall pay to the commissioner a determination of value fee 
 85.4   and survey fee of not less than one-half of the cost of the 
 85.5   determination of value and survey fees as determined by the 
 85.6   commissioner. 
 85.7      (b) Except as provided in paragraph (c), any payment made 
 85.8   under paragraph (a) shall be credited to the account from which 
 85.9   the expenses are paid and is appropriated for expenditure in the 
 85.10  same manner as other money in the account. 
 85.11     (c) The fees shall be refunded if the land exchange offer 
 85.12  is withdrawn by a private landowner or governmental unit before 
 85.13  the money is obligated to be spent. 
 85.14     Sec. 86.  Minnesota Statutes 2004, section 94.343, 
 85.15  subdivision 10, is amended to read: 
 85.16     Subd. 10.  [CONVEYANCE.] Conveyance of Class A land given 
 85.17  in exchange shall be made by deed executed by the commissioner 
 85.18  in the name of the state, with a certificate of unanimous 
 85.19  approval by the board appended.  All such deeds received by the 
 85.20  state shall be recorded or registered in the county in which the 
 85.21  lands lie, and all recorded deeds and certificates of registered 
 85.22  title shall be filed in the office having custody of the state 
 85.23  public land records in the Department of Natural Resources.  
 85.24     Sec. 87.  Minnesota Statutes 2004, section 94.344, 
 85.25  subdivision 1, is amended to read: 
 85.26     Subdivision 1.  [GENERAL EXCHANGE PROVISIONS.] Except as 
 85.27  otherwise provided, Class B land, by resolution of the county 
 85.28  board of the county where the land is located and with the 
 85.29  unanimous approval of the Land Exchange Board, may be exchanged 
 85.30  for any publicly held or privately owned land in the same 
 85.31  county.  Class B land may be exchanged only if it meets the 
 85.32  requirements of subdivision 3 or 5. 
 85.33     Sec. 88.  Minnesota Statutes 2004, section 94.344, is 
 85.34  amended by adding a subdivision to read: 
 85.35     Subd. 2a.  [VALUATION OF LANDS.] For an exchange involving 
 85.36  Class B land for Class A land, the value of the lands shall be 
 86.1   determined by the commissioner, with approval of the Land 
 86.2   Exchange Board.  For purposes of the determination, the 
 86.3   commissioner shall determine the value of the state and 
 86.4   tax-forfeited land proposed to be exchanged in the same manner 
 86.5   as Class A land.  For all other purposes, the county board shall 
 86.6   appraise the state land and the land in the proposed exchange in 
 86.7   the same manner as tax-forfeited land to be offered for sale.  
 86.8   The determined values shall not be conclusive, but shall be 
 86.9   taken into consideration, together with such other matters as 
 86.10  may be deemed material, in determining the values for the 
 86.11  purposes of exchange. 
 86.12     Sec. 89.  Minnesota Statutes 2004, section 94.344, 
 86.13  subdivision 3, is amended to read: 
 86.14     Subd. 3.  [EXCHANGING LAND OF SUBSTANTIALLY EQUAL VALUE 
 86.15  REQUIRED OR LOWER VALUE.] (a) Except as otherwise provided, 
 86.16  Class B land may be exchanged only for land of substantially 
 86.17  equal value or greater value to the state, as determined by the 
 86.18  county board, with the approval of the commissioner and the Land 
 86.19  Exchange Board.  For an exchange involving Class B land for 
 86.20  Class A or Class C land, the value of the lands shall be 
 86.21  determined by the commissioner, with approval of the Land 
 86.22  Exchange Board.  For purposes of the determination, the 
 86.23  commissioner shall appraise the state and tax-forfeited land 
 86.24  proposed to be exchanged in the same manner as Class A land.  
 86.25  For all other purposes, the county board shall appraise the 
 86.26  state land and the land in the proposed exchange in the same 
 86.27  manner as tax-forfeited land to be offered for sale.  The 
 86.28  appraised values shall not be conclusive, but shall be taken 
 86.29  into consideration, together with such other matters as may be 
 86.30  deemed material, in determining the values for the purposes of 
 86.31  exchange. 
 86.32     (b) For the purposes of this subdivision, "substantially 
 86.33  equal value" means:  
 86.34     (1) where the lands being exchanged are both over 100 
 86.35  acres, their values do not differ by more than ten percent; and 
 86.36     (2) in other cases, the values of the exchanged lands do 
 87.1   not differ by more than 20 percent.  
 87.2      (c) Class B land may be exchanged for land of lesser value 
 87.3   if the other party to the exchange pays to the state the amount 
 87.4   of the difference in value.  Money received by the county 
 87.5   treasurer shall be disposed of in like manner as the proceeds of 
 87.6   a sale of tax-forfeited land. 
 87.7      Sec. 90.  Minnesota Statutes 2004, section 94.344, 
 87.8   subdivision 5, is amended to read: 
 87.9      Subd. 5.  [OBTAINING EXCHANGING LAND OF GREATER VALUE.] (a) 
 87.10  Class B land may be exchanged for land of greater value only in 
 87.11  case if the other party to the exchange shall waive waives 
 87.12  payment for the difference.  
 87.13     (b) Except for Class A school trust land, Class B land may 
 87.14  be exchanged for Class A land of greater value if the county 
 87.15  pays to the state the difference in value. 
 87.16     (c) Class B land may be exchanged for United States-owned 
 87.17  land of greater value if the county agrees to pay the difference 
 87.18  in value. 
 87.19     Sec. 91.  Minnesota Statutes 2004, section 94.344, 
 87.20  subdivision 8, is amended to read: 
 87.21     Subd. 8.  [PROPOSALS FOR EXCHANGE.] By direction of the 
 87.22  county board, the county auditor may submit a proposal for 
 87.23  exchange of Class B land to any land owner concerned.  Any land 
 87.24  owner may file with the county auditor a proposal for exchange 
 87.25  for consideration by the county board.  Forms for such proposals 
 87.26  shall be prescribed by the commissioner.  
 87.27     Sec. 92.  Minnesota Statutes 2004, section 94.344, 
 87.28  subdivision 10, is amended to read: 
 87.29     Subd. 10.  [APPROVAL; CONVEYANCE.] After approval by the 
 87.30  county board, every proposal for the exchange of Class B land 
 87.31  shall be transmitted to the commissioner in such form and with 
 87.32  such information as the commissioner may prescribe for 
 87.33  consideration by the commissioner and by the board.  The county 
 87.34  attorney's opinion on the title, with the abstract and other 
 87.35  evidence of title, if any, shall accompany the proposal.  If the 
 87.36  proposal be is approved by the commissioner and the board and 
 88.1   the title be is approved by the attorney general, the same shall 
 88.2   be certified to the commissioner of revenue, who shall execute a 
 88.3   deed in the name of the state conveying the land given in 
 88.4   exchange, with a certificate of unanimous approval by the board 
 88.5   appended, and transmit the deed to the county auditor to be 
 88.6   delivered upon receipt of a deed conveying to the state the land 
 88.7   received in exchange, approved by the county attorney; provided, 
 88.8   that if any amount is due the state under the terms of the 
 88.9   exchange, the deed from the state shall not be executed or 
 88.10  delivered until such amount is paid in full and a certificate 
 88.11  thereof by the county auditor is filed with the commissioner of 
 88.12  revenue.  The county auditor shall cause all deeds received by 
 88.13  the state in such exchanges to be recorded or registered, and 
 88.14  thereafter shall file the deeds or the certificates of 
 88.15  registered title in the auditor's office.  If the land received 
 88.16  by the county in the exchange is either Class A or Class C land, 
 88.17  the commissioner of revenue shall deliver the deed for the Class 
 88.18  B land to the commissioner of natural resources and following 
 88.19  the recording of this deed, the commissioner of natural 
 88.20  resources shall deliver to the county auditor a deed conveying 
 88.21  the Class A or Class C land to the county auditor to be recorded 
 88.22  or registered, and afterwards file the deeds or the certificate 
 88.23  of registered title in the auditor's office.  
 88.24     Sec. 93.  Minnesota Statutes 2004, section 97A.055, 
 88.25  subdivision 4b, is amended to read: 
 88.26     Subd. 4b.  [CITIZEN OVERSIGHT SUBCOMMITTEES.] (a) The 
 88.27  commissioner shall appoint subcommittees of affected persons to 
 88.28  review the reports prepared under subdivision 4; review the 
 88.29  proposed work plans and budgets for the coming year; propose 
 88.30  changes in policies, activities, and revenue enhancements or 
 88.31  reductions; review other relevant information; and make 
 88.32  recommendations to the legislature and the commissioner for 
 88.33  improvements in the management and use of money in the game and 
 88.34  fish fund. 
 88.35     (b) The commissioner shall appoint the following 
 88.36  subcommittees, each comprised of at least three affected persons:
 89.1      (1) a Fisheries Operations Subcommittee to review fisheries 
 89.2   funding, excluding activities related to trout and salmon stamp 
 89.3   funding; 
 89.4      (2) a Wildlife Operations Subcommittee to review wildlife 
 89.5   funding, excluding activities related to migratory waterfowl, 
 89.6   pheasant, and turkey stamp funding and excluding review of the 
 89.7   amounts available under section 97A.075, subdivision 1, 
 89.8   paragraphs (b) and (c); 
 89.9      (3) a Big Game Subcommittee to review the report required 
 89.10  in subdivision 4, paragraph (a), clause (2); 
 89.11     (4) an Ecological Services Operations Subcommittee to 
 89.12  review ecological services funding; 
 89.13     (5) a subcommittee to review game and fish fund funding of 
 89.14  enforcement, support services, and Department of Natural 
 89.15  Resources administration; 
 89.16     (6) a subcommittee to review the trout and salmon stamp 
 89.17  report and address funding issues related to trout and salmon; 
 89.18     (7) a subcommittee to review the report on the migratory 
 89.19  waterfowl stamp and address funding issues related to migratory 
 89.20  waterfowl; 
 89.21     (8) a subcommittee to review the report on the pheasant 
 89.22  stamp and address funding issues related to pheasants; and 
 89.23     (9) a subcommittee to review the report on the turkey stamp 
 89.24  and address funding issues related to wild turkeys. 
 89.25     (c) The chairs of each of the subcommittees shall form a 
 89.26  Budgetary Oversight Committee to coordinate the integration of 
 89.27  the subcommittee reports into an annual report to the 
 89.28  legislature; recommend changes on a broad level in policies, 
 89.29  activities, and revenue enhancements or reductions; provide a 
 89.30  forum to address issues that transcend the subcommittees; and 
 89.31  submit a report for any subcommittee that fails to submit its 
 89.32  report in a timely manner. 
 89.33     (d) The Budgetary Oversight Committee shall develop 
 89.34  recommendations for a biennial budget plan and report for 
 89.35  expenditures on game and fish activities.  By August 15 of each 
 89.36  even-numbered year, the committee shall submit the budget plan 
 90.1   recommendations to the commissioner and to the senate and house 
 90.2   committees with jurisdiction over natural resources finance. 
 90.3      (e) Each subcommittee shall choose its own chair, except 
 90.4   that the chair of the Budgetary Oversight Committee shall be 
 90.5   appointed by the commissioner and may not be the chair of any of 
 90.6   the subcommittees. 
 90.7      (f) The Budgetary Oversight Committee must make 
 90.8   recommendations to the commissioner and to the senate and house 
 90.9   committees with jurisdiction over natural resources finance for 
 90.10  outcome goals from expenditures. 
 90.11     (g) Notwithstanding section 15.059, subdivision 5, or other 
 90.12  law to the contrary, the Budgetary Oversight Committee and 
 90.13  subcommittees do not expire until June 30, 2005 2010. 
 90.14     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 90.15  following final enactment. 
 90.16     Sec. 94.  Minnesota Statutes 2004, section 97A.061, is 
 90.17  amended by adding a subdivision to read: 
 90.18     Subd. 6.  [ANNUAL APPROPRIATION FOR FISCAL YEAR 2007 AND 
 90.19  EACH YEAR THEREAFTER.] Notwithstanding subdivision 1, paragraph 
 90.20  (c), for the payment made in fiscal year 2007 and each year 
 90.21  thereafter, the appraised value of the land acquired prior to 
 90.22  July 1, 2004, shall be the value used for the payment made in 
 90.23  fiscal year 2006. 
 90.24     Sec. 95.  Minnesota Statutes 2004, section 97A.071, 
 90.25  subdivision 2, is amended to read: 
 90.26     Subd. 2.  [REVENUE FROM SMALL GAME LICENSE SURCHARGE AND 
 90.27  LIFETIME LICENSES.] Revenue from the small game surcharge and 
 90.28  $6.50 annually from the lifetime fish and wildlife trust fund, 
 90.29  established in section 97A.4742, for each license issued under 
 90.30  sections 97A.473, subdivisions 3 and 5, and 97A.474, subdivision 
 90.31  3, shall be credited to the wildlife acquisition account and the 
 90.32  money in the account shall be used by is annually appropriated 
 90.33  to the commissioner only for the purposes of this section, and 
 90.34  acquisition and development of wildlife lands under section 
 90.35  97A.145 and maintenance of the lands, in accordance with 
 90.36  appropriations made by the legislature. 
 91.1      Sec. 96.  Minnesota Statutes 2004, section 97A.075, 
 91.2   subdivision 3, is amended to read: 
 91.3      Subd. 3.  [TROUT AND SALMON STAMP.] (a) Ninety percent of 
 91.4   the revenue from trout and salmon stamps must be credited to the 
 91.5   trout and salmon management account.  Money in the account may 
 91.6   be used only for: 
 91.7      (1) the development, restoration, maintenance, improvement, 
 91.8   protection, and preservation of habitat for trout and salmon in 
 91.9   trout streams and lakes, including, but not limited to, 
 91.10  evaluating habitat; stabilizing eroding stream banks; adding 
 91.11  fish cover; modifying stream channels; managing vegetation to 
 91.12  protect, shade, or reduce runoff on stream banks; and purchasing 
 91.13  equipment to accomplish these tasks; 
 91.14     (2) rearing of trout and salmon and, including utility and 
 91.15  service costs associated with coldwater hatchery buildings and 
 91.16  systems; stocking of trout and salmon in streams and lakes and 
 91.17  Lake Superior; and monitoring and evaluating stocked trout and 
 91.18  salmon; 
 91.19     (3) acquisition of easements and fee title along trout 
 91.20  waters; 
 91.21     (4) identifying easement and fee title areas along trout 
 91.22  waters; and 
 91.23     (5) research and special management projects on trout 
 91.24  streams, trout lakes, and Lake Superior and the anadromous 
 91.25  portions of its tributaries.  
 91.26     (b) Money in the account may not be used for costs unless 
 91.27  they are directly related to a specific parcel of land or body 
 91.28  of water under paragraph (a) or, to specific fish rearing 
 91.29  activities under paragraph (a), clause (2), or for costs 
 91.30  associated with supplies and equipment to implement trout and 
 91.31  salmon management activities under paragraph (a). 
 91.32     Sec. 97.  Minnesota Statutes 2004, section 97A.135, 
 91.33  subdivision 2a, is amended to read: 
 91.34     Subd. 2a.  [DISPOSAL OF LAND IN WILDLIFE MANAGEMENT AREAS.] 
 91.35  (a) The commissioner may sell or exchange land in a wildlife 
 91.36  management area authorized by designation under section 86A.07, 
 92.1   subdivision 3, 97A.133, or 97A.145 if the commissioner vacates 
 92.2   the designation before the sale or exchange in accordance with 
 92.3   this subdivision.  The designation may be vacated only if the 
 92.4   commissioner finds, after a public hearing, that the disposal of 
 92.5   the land is in the public interest. 
 92.6      (b) A sale under this subdivision is subject to sections 
 92.7   94.09 to 94.16.  An exchange under this subdivision is subject 
 92.8   to sections 94.341 to 94.348 94.347. 
 92.9      (c) Revenue received from a sale authorized under paragraph 
 92.10  (a) is appropriated to the commissioner for acquisition of 
 92.11  replacement wildlife management lands. 
 92.12     (d) Land acquired by the commissioner under this 
 92.13  subdivision must meet the criteria in section 86A.05, 
 92.14  subdivision 8, and as soon as possible after the acquisition 
 92.15  must be designated as a wildlife management area under section 
 92.16  86A.07, subdivision 3, 97A.133, or 97A.145. 
 92.17     (e) In acquiring land under this subdivision, the 
 92.18  commissioner must give priority to land within the same 
 92.19  geographic region of the state as the land conveyed. 
 92.20     Sec. 98.  Minnesota Statutes 2004, section 97A.4742, 
 92.21  subdivision 4, is amended to read: 
 92.22     Subd. 4.  [ANNUAL REPORT.] By December 15 each year, the 
 92.23  commissioner shall submit a report to the legislative committees 
 92.24  having jurisdiction over environment and natural resources 
 92.25  appropriations and environment and natural resources policy.  
 92.26  The report shall state the amount of revenue received in and 
 92.27  expenditures made from revenue transferred from the lifetime 
 92.28  fish and wildlife trust fund to the game and fish fund and shall 
 92.29  describe projects funded, locations of the projects, and results 
 92.30  and benefits from the projects.  The report may be included in 
 92.31  the game and fish fund report required by section 97A.055, 
 92.32  subdivision 4.  The commissioner shall make the annual report 
 92.33  available to the public. 
 92.34     Sec. 99.  Minnesota Statutes 2004, section 97A.485, 
 92.35  subdivision 6, is amended to read: 
 92.36     Subd. 6.  [LICENSES TO BE SOLD AND ISSUING FEES.] (a) 
 93.1   Persons authorized to sell licenses under this section must 
 93.2   issue the following licenses for the license fee and the 
 93.3   following issuing fees:  
 93.4      (1) to take deer or bear with firearms and by archery, the 
 93.5   issuing fee is $1; 
 93.6      (2) Minnesota sporting, the issuing fee is $1; and 
 93.7      (3) to take small game, to take fish by angling or by 
 93.8   spearing, and to trap fur-bearing animals, the issuing fee is 
 93.9   $1; 
 93.10     (4) for a trout and salmon stamp that is not issued 
 93.11  simultaneously with an angling or sporting a license, an issuing 
 93.12  fee of 50 cents may be charged at the discretion of the 
 93.13  authorized seller; 
 93.14     (5) for stamps other than a trout and salmon stamp, and for 
 93.15  a special season Canada goose license issued simultaneously with 
 93.16  a license, there is no fee; and 
 93.17     (6) for licenses, seals, tags, or coupons issued without a 
 93.18  fee under section 97A.441 or 97A.465, there is no an issuing fee 
 93.19  of 50 cents may be charged at the discretion of the authorized 
 93.20  seller; 
 93.21     (7) for lifetime licenses, there is no fee; and 
 93.22     (8) for all other licenses, permits, renewals, or 
 93.23  applications or any other transaction through the electronic 
 93.24  licensing system under this chapter or any other chapter when an 
 93.25  issuing fee is not specified, an issuing fee of 50 cents may be 
 93.26  charged at the discretion of the authorized seller. 
 93.27     (b) An issuing fee may not be collected for issuance of a 
 93.28  trout and salmon stamp if a stamp validation is issued 
 93.29  simultaneously with the related angling or sporting license.  
 93.30  Only one issuing fee may be collected when selling more than one 
 93.31  trout and salmon stamp in the same transaction after the end of 
 93.32  the season for which the stamp was issued. 
 93.33     (c) The agent shall keep the issuing fee as a commission 
 93.34  for selling the licenses.  
 93.35     (d) The commissioner shall collect the issuing fee on 
 93.36  licenses sold by the commissioner. 
 94.1      (e) A license, except stamps, must state the amount of the 
 94.2   issuing fee and that the issuing fee is kept by the seller as a 
 94.3   commission for selling the licenses. 
 94.4      (f) For duplicate licenses, including licenses issued 
 94.5   without a fee, the issuing fees are: 
 94.6      (1) for licenses to take big game, 75 cents; and 
 94.7      (2) for other licenses, 50 cents. 
 94.8      (g) The commissioner may issue one-day angling licenses in 
 94.9   books of ten licenses each to fishing guides operating charter 
 94.10  boats upon receipt of payment of all license fees, excluding the 
 94.11  issuing fee required under this section.  Copies of sold and 
 94.12  unsold licenses shall be returned to the commissioner.  The 
 94.13  commissioner shall refund the charter boat captain for the 
 94.14  license fees of all unsold licenses.  Copies of sold licenses 
 94.15  shall be maintained by the commissioner for one year. 
 94.16     Sec. 100.  Minnesota Statutes 2004, section 97A.485, 
 94.17  subdivision 7, is amended to read: 
 94.18     Subd. 7.  [ELECTRONIC LICENSING SYSTEM COMMISSION.] The 
 94.19  commissioner shall retain for the operation of the electronic 
 94.20  licensing system a commission of 4.7 percent of the commission 
 94.21  established under section 84.027, subdivision 15, and issuing 
 94.22  fees collected by the commissioner on all license fees 
 94.23  collected, excluding: 
 94.24     (1) the small game surcharge; and 
 94.25     (2) all issuing fees; and 
 94.26     (3) $2.50 of the license fee for the licenses in section 
 94.27  97A.475, subdivisions 6, clauses (1), (2), and (4), 7, 8, 12, 
 94.28  and 13. 
 94.29     <b>[EFFECTIVE DATE.]</b> This section is effective July 6, 2005. 
 94.30     Sec. 101.  Minnesota Statutes 2004, section 97A.551, is 
 94.31  amended by adding a subdivision to read: 
 94.32     Subd. 6.  [TAGGING AND REGISTRATION.] The commissioner may, 
 94.33  by rule, require persons taking, possessing, and transporting 
 94.34  certain species of fish to tag the fish with a special fish 
 94.35  management tag and may require registration of tagged fish.  A 
 94.36  person may not possess or transport a fish species taken in the 
 95.1   state for which a special fish management tag is required unless 
 95.2   a tag is attached to the fish in a manner prescribed by the 
 95.3   commissioner.  The commissioner shall prescribe the manner of 
 95.4   issuance and the type of tag as authorized under section 
 95.5   97C.087.  The tag must be attached to the fish as prescribed by 
 95.6   the commissioner immediately upon reducing the fish in 
 95.7   possession and must remain attached to the fish until the fish 
 95.8   is processed or consumed.  Species for which a special fish 
 95.9   management tag is required must be transported undressed. 
 95.10     Sec. 102.  Minnesota Statutes 2004, section 97B.015, 
 95.11  subdivision 1, is amended to read: 
 95.12     Subdivision 1.  [ESTABLISHMENT.] The commissioner shall 
 95.13  make rules establishing establish a statewide course in the safe 
 95.14  use of firearms and identification of wild mammals and 
 95.15  birds.  At least one course must be held within the boundary of 
 95.16  each school district.  The courses must be conducted by the 
 95.17  commissioner in cooperation with other organizations.  The 
 95.18  courses must instruct youths in commonly accepted principles of 
 95.19  safety in hunting and handling common hunting firearms and 
 95.20  identification of various species of wild mammals and birds by 
 95.21  sight and other unique characteristics. 
 95.22     Sec. 103.  Minnesota Statutes 2004, section 97B.015, 
 95.23  subdivision 2, is amended to read: 
 95.24     Subd. 2.  [ADMINISTRATION, SUPERVISION, AND ENFORCEMENT.] 
 95.25  (a) The commissioner shall appoint a qualified person from the 
 95.26  Enforcement Division under civil service rules as supervisor of 
 95.27  hunting safety and prescribe the duties and responsibilities of 
 95.28  the position.  The commissioner shall determine and provide the 
 95.29  Enforcement Division with the necessary personnel for this 
 95.30  section.  
 95.31     (b) The commissioner may appoint one or more county 
 95.32  directors of hunting safety in each county.  An appointed county 
 95.33  director is responsible to the Enforcement Division.  The 
 95.34  Enforcement Division may appoint instructors necessary for this 
 95.35  section.  County directors and Instructors shall serve on a 
 95.36  voluntary basis without compensation.  The Enforcement Division 
 96.1   must supply the materials necessary for the course.  School 
 96.2   districts may cooperate with the commissioner and volunteer 
 96.3   instructors to provide space for the classroom portion of the 
 96.4   training.  
 96.5      Sec. 104.  Minnesota Statutes 2004, section 97B.015, 
 96.6   subdivision 5, is amended to read: 
 96.7      Subd. 5.  [FIREARMS SAFETY CERTIFICATE.] The commissioner 
 96.8   shall issue a firearms safety certificate to a person that 
 96.9   satisfactorily completes the required course of instruction.  A 
 96.10  person must be at least age 11 to take the firearms safety 
 96.11  course and may receive a firearms safety certificate, but the 
 96.12  certificate is not valid for hunting until the person is at 
 96.13  least reaches age 12.  A person who is age 11 and has a firearms 
 96.14  safety certificate may purchase a deer, bear, turkey, or prairie 
 96.15  chicken license that will become valid when the person reaches 
 96.16  age 12.  A firearms safety certificate issued to a person under 
 96.17  age 12 by another state as provided in section 97B.020 is not 
 96.18  valid for hunting in Minnesota until the person reaches age 12.  
 96.19  The form and content of the firearms safety certificate shall be 
 96.20  prescribed by the commissioner.  
 96.21     Sec. 105.  Minnesota Statutes 2004, section 97B.015, 
 96.22  subdivision 7, is amended to read: 
 96.23     Subd. 7.  [FEE FOR DUPLICATE CERTIFICATE.] The commissioner 
 96.24  shall collect a fee, to include a $1 issuing fee for licensing 
 96.25  agents, for issuing a duplicate firearms safety certificate.  
 96.26  The commissioner shall establish a fee that neither 
 96.27  significantly overrecovers nor underrecovers costs, including 
 96.28  overhead costs, involved in providing the service.  The fee is 
 96.29  not subject to the rulemaking provisions of chapter 14 and 
 96.30  section 14.386 does not apply.  The commissioner may establish 
 96.31  the fee notwithstanding section 16A.1283.  The duplicate 
 96.32  certificate fees, except for the issuing fee for licensing 
 96.33  agents under this subdivision, shall be deposited in the game 
 96.34  and fish fund and, except for the electronic licensing system 
 96.35  commission established by the commissioner under section 84.027, 
 96.36  subdivision 15, and issuing fees collected by the commissioner, 
 97.1   are appropriated annually to the Enforcement Division of the 
 97.2   Department of Natural Resources for the administration of the 
 97.3   firearm safety course program.  
 97.4      <b>[EFFECTIVE DATE.]</b> This section is effective July 6, 2005. 
 97.5      Sec. 106.  Minnesota Statutes 2004, section 97B.020, is 
 97.6   amended to read: 
 97.7      97B.020 [FIREARMS SAFETY CERTIFICATE REQUIRED.] 
 97.8      (a) Except as provided in this section and section 97A.451, 
 97.9   subdivision 3a, a person born after December 31, 1979, may not 
 97.10  obtain an annual license to take wild animals by firearms unless 
 97.11  the person has:  
 97.12     (1) a firearms safety certificate or equivalent 
 97.13  certificate,; 
 97.14     (2) a driver's license or identification card with a valid 
 97.15  firearms safety qualification indicator issued under section 
 97.16  171.07, subdivision 13,; 
 97.17     (3) a previous hunting license, with a valid firearms 
 97.18  safety qualification indicator; or 
 97.19     (4) other evidence indicating that the person has completed 
 97.20  in this state or in another state a hunter safety course 
 97.21  recognized by the department under a reciprocity agreement or 
 97.22  certified by the department as substantially similar.  
 97.23     (b) A person who is on active duty and has successfully 
 97.24  completed basic training in the United States armed forces, 
 97.25  reserve component, or National Guard may obtain a hunting 
 97.26  license or approval authorizing hunting regardless of whether 
 97.27  the person is issued a firearms safety certificate. 
 97.28     (b) (c) A person born after December 31, 1979, may not use 
 97.29  a lifetime license to take wild animals by firearms, unless the 
 97.30  person meets the requirements for obtaining an annual license 
 97.31  under paragraph (a) or (b). 
 97.32     Sec. 107.  Minnesota Statutes 2004, section 97B.025, is 
 97.33  amended to read: 
 97.34     97B.025 [HUNTER AND TRAPPER EDUCATION.] 
 97.35     (a) The commissioner may establish education courses for 
 97.36  hunters and trappers.  The commissioner shall collect a fee from 
 98.1   each person attending a course.  A fee, to include a $1 issuing 
 98.2   fee for licensing agents, shall be collected for issuing a 
 98.3   duplicate certificate.  The commissioner shall establish the 
 98.4   fees in a manner that neither significantly overrecovers nor 
 98.5   underrecovers costs, including overhead costs, involved in 
 98.6   providing the services.  The fees are not subject to the 
 98.7   rulemaking provisions of chapter 14 and section 14.386 does not 
 98.8   apply.  The commissioner may establish the fees notwithstanding 
 98.9   section 16A.1283.  The fees, except for the issuing fee for 
 98.10  licensing agents under this subdivision, shall be deposited in 
 98.11  the game and fish fund and the amount thereof, except for the 
 98.12  electronic licensing system commission established by the 
 98.13  commissioner under section 84.027, subdivision 15, is 
 98.14  appropriated annually to the Enforcement Division of the 
 98.15  Department of Natural Resources for the administration of the 
 98.16  program.  In addition to the fee established by the commissioner 
 98.17  for each course, instructors may charge each person up to the 
 98.18  established fee amount for class materials and expenses.  School 
 98.19  districts may cooperate with the commissioner and volunteer 
 98.20  instructors to provide space for the classroom portion of the 
 98.21  training. 
 98.22     (b) The commissioner shall enter into an agreement with a 
 98.23  statewide nonprofit trappers association to conduct a trapper 
 98.24  education program.  At a minimum, the program must include at 
 98.25  least six hours of classroom and in the field training.  The 
 98.26  program must include a review of state trapping laws and 
 98.27  regulations, trapping ethics, the setting and tending of traps 
 98.28  and snares, tagging and registration requirements, and the 
 98.29  preparation of pelts.  The association shall be responsible for 
 98.30  all costs of conducting the education program, and shall not 
 98.31  charge any fee for attending the course. 
 98.32     <b>[EFFECTIVE DATE.]</b> This section is effective July 6, 2005. 
 98.33     Sec. 108.  Minnesota Statutes 2004, section 97C.085, is 
 98.34  amended to read: 
 98.35     97C.085 [PERMIT REQUIRED FOR TAGGING FISH.] 
 98.36     A person may not tag or otherwise mark a live fish for 
 99.1   identification without a permit from the commissioner, except 
 99.2   for special fish management tags as authorized under section 
 99.3   97A.551. 
 99.4      Sec. 109.  [97C.087] [SPECIAL FISH MANAGEMENT TAGS.] 
 99.5      Subdivision 1.  [TAGS TO BE ISSUED.] If the commissioner 
 99.6   determines it is necessary to require that a species of fish be 
 99.7   tagged with a special fish management tag, the commissioner 
 99.8   shall prescribe, by rule, the species to be tagged, tagging 
 99.9   procedures, and eligibility requirements. 
 99.10     Subd. 2.  [APPLICATION FOR TAG.] Application for special 
 99.11  fish management tags must be accompanied by a $5, nonrefundable 
 99.12  application fee for each tag.  A person may not make more than 
 99.13  one tag application each year.  If a person makes more than one 
 99.14  application, the person is ineligible for a special fish 
 99.15  management tag for that season after determination by the 
 99.16  commissioner, without a hearing.  
 99.17     Sec. 110.  Minnesota Statutes 2004, section 97C.327, is 
 99.18  amended to read: 
 99.19     97C.327 [MEASUREMENT OF FISH LENGTH.] 
 99.20     For the purpose of determining compliance with size limits 
 99.21  for fish in this chapter or in rules of the commissioner, the 
 99.22  length of a fish must be measured from the tip of the nose or 
 99.23  jaw, whichever is longer, to the farthest tip of the tail when 
 99.24  fully extended. 
 99.25     Sec. 111.  Minnesota Statutes 2004, section 97C.395, 
 99.26  subdivision 1, is amended to read: 
 99.27     Subdivision 1.  [DATES FOR CERTAIN SPECIES.] (a) The open 
 99.28  seasons to take fish by angling are as follows: 
 99.29     (1) for walleye, sauger, northern pike, muskellunge, 
 99.30  largemouth bass, and smallmouth bass, the Saturday two weeks 
 99.31  prior to the Saturday of Memorial Day weekend to the third last 
 99.32  Sunday in February; 
 99.33     (2) for lake trout, from January 1 to October 31; 
 99.34     (3) for brown trout, brook trout, rainbow trout, and 
 99.35  splake, between January 1 to October 31 as prescribed by the 
 99.36  commissioner by rule except as provided in section 97C.415, 
100.1   subdivision 2; and 
100.2      (4) for salmon, as prescribed by the commissioner by rule. 
100.3      (b) The commissioner shall close the season in areas of the 
100.4   state where fish are spawning and closing the season will 
100.5   protect the resource. 
100.6      Sec. 112.  Minnesota Statutes 2004, section 103F.535, 
100.7   subdivision 1, is amended to read: 
100.8      Subdivision 1.  [RESERVATION OF MARGINAL LAND AND 
100.9   WETLANDS.] (a) Marginal land and wetlands are withdrawn from 
100.10  sale or exchange unless: 
100.11     (1) notice of the existence of the nonforested marginal 
100.12  land or wetlands, in a form prescribed by the Board of Water and 
100.13  Soil Resources, is provided to prospective purchasers; and 
100.14     (2) the deed contains a restrictive covenant, in a form 
100.15  prescribed by the Board of Water and Soil Resources, that 
100.16  precludes enrollment of the land in a state-funded program 
100.17  providing compensation for conservation of marginal land or 
100.18  wetlands. 
100.19     (b) This section does not apply to transfers of land by the 
100.20  Board of Water and Soil Resources to correct errors in legal 
100.21  descriptions under section 103F.515, subdivision 8, or to 
100.22  transfers by the commissioner of natural resources for:  
100.23     (1) land that is currently in nonagricultural commercial 
100.24  use if a restrictive covenant would interfere with the 
100.25  commercial use; 
100.26     (2) land in platted subdivisions; 
100.27     (3) conveyances of land to correct errors in legal 
100.28  descriptions under section 84.0273; 
100.29     (4) exchanges of nonagricultural land with the federal 
100.30  government, or exchanges of Class A, Class B, and Class C 
100.31  riparian nonagricultural land with local units of government 
100.32  under sections 94.342, 94.343, and 94.344, and 94.349; 
100.33     (5) land transferred to political subdivisions for public 
100.34  purposes under sections 84.027, subdivision 10, and 94.10; and 
100.35     (6) land not needed for trail purposes that is sold to 
100.36  adjacent property owners and lease holders under section 85.015, 
101.1   subdivision 1, paragraph (b).  
101.2      (c) This section does not apply to transfers of land by the 
101.3   commissioner of administration or transportation or by the 
101.4   Minnesota Housing Finance Agency, or to transfers of 
101.5   tax-forfeited land under chapter 282 if:  
101.6      (1) the land is in platted subdivisions; or 
101.7      (2) the conveyance is a transfer to correct errors in legal 
101.8   descriptions. 
101.9      (d) This section does not apply to transfers of land by the 
101.10  commissioner of administration or by the Minnesota Housing 
101.11  Finance Agency for: 
101.12     (1) land that is currently in nonagricultural commercial 
101.13  use if a restrictive covenant would interfere with the 
101.14  commercial use; or 
101.15     (2) land transferred to political subdivisions for public 
101.16  purposes under sections 84.027, subdivision 10, and 94.10. 
101.17     Sec. 113.  Minnesota Statutes 2004, section 103G.271, 
101.18  subdivision 6, is amended to read: 
101.19     Subd. 6.  [WATER USE PERMIT PROCESSING FEE.] (a) Except as 
101.20  described in paragraphs (b) to (f), a water use permit 
101.21  processing fee must be prescribed by the commissioner in 
101.22  accordance with the schedule of fees in this subdivision for 
101.23  each water use permit in force at any time during the year.  The 
101.24  schedule is as follows, with the stated fee in each clause 
101.25  applied to the total amount appropriated: 
101.26     (1) $101 for amounts not exceeding 50,000,000 gallons per 
101.27  year; 
101.28     (2) $3 per 1,000,000 gallons for amounts greater than 
101.29  50,000,000 gallons but less than 100,000,000 gallons per year; 
101.30     (3) $3.50 per 1,000,000 gallons for amounts greater than 
101.31  100,000,000 gallons but less than 150,000,000 gallons per year; 
101.32     (4) $4 per 1,000,000 gallons for amounts greater than 
101.33  150,000,000 gallons but less than 200,000,000 gallons per year; 
101.34     (5) $4.50 per 1,000,000 gallons for amounts greater than 
101.35  200,000,000 gallons but less than 250,000,000 gallons per year; 
101.36     (6) $5 per 1,000,000 gallons for amounts greater than 
102.1   250,000,000 gallons but less than 300,000,000 gallons per year; 
102.2      (7) $5.50 per 1,000,000 gallons for amounts greater than 
102.3   300,000,000 gallons but less than 350,000,000 gallons per year; 
102.4      (8) $6 per 1,000,000 gallons for amounts greater than 
102.5   350,000,000 gallons but less than 400,000,000 gallons per year; 
102.6      (9) $6.50 per 1,000,000 gallons for amounts greater than 
102.7   400,000,000 gallons but less than 450,000,000 gallons per year; 
102.8      (10) $7 per 1,000,000 gallons for amounts greater than 
102.9   450,000,000 gallons but less than 500,000,000 gallons per year; 
102.10  and 
102.11     (11) $7.50 per 1,000,000 gallons for amounts greater than 
102.12  500,000,000 gallons per year. 
102.13     (b) For once-through cooling systems, a water use 
102.14  processing fee must be prescribed by the commissioner in 
102.15  accordance with the following schedule of fees for each water 
102.16  use permit in force at any time during the year: 
102.17     (1) for nonprofit corporations and school districts, $150 
102.18  per 1,000,000 gallons; and 
102.19     (2) for all other users, $200 $300 per 1,000,000 gallons. 
102.20     (c) The fee is payable based on the amount of water 
102.21  appropriated during the year and, except as provided in 
102.22  paragraph (f), the minimum fee is $100.  
102.23     (d) For water use processing fees other than once-through 
102.24  cooling systems:  
102.25     (1) the fee for a city of the first class may not exceed 
102.26  $250,000 per year; 
102.27     (2) the fee for other entities for any permitted use may 
102.28  not exceed: 
102.29     (i) $50,000 per year for an entity holding three or fewer 
102.30  permits; 
102.31     (ii) $75,000 per year for an entity holding four or five 
102.32  permits; 
102.33     (iii) $250,000 per year for an entity holding more than 
102.34  five permits; 
102.35     (3) the fee for agricultural irrigation may not exceed $750 
102.36  per year; 
103.1      (4) the fee for a municipality that furnishes electric 
103.2   service and cogenerates steam for home heating may not exceed 
103.3   $10,000 for its permit for water use related to the cogeneration 
103.4   of electricity and steam; and 
103.5      (5) no fee is required for a project involving the 
103.6   appropriation of surface water to prevent flood damage or to 
103.7   remove flood waters during a period of flooding, as determined 
103.8   by the commissioner.  
103.9      (e) Failure to pay the fee is sufficient cause for revoking 
103.10  a permit.  A penalty of two percent per month calculated from 
103.11  the original due date must be imposed on the unpaid balance of 
103.12  fees remaining 30 days after the sending of a second notice of 
103.13  fees due.  A fee may not be imposed on an agency, as defined in 
103.14  section 16B.01, subdivision 2, or federal governmental agency 
103.15  holding a water appropriation permit. 
103.16     (f) The minimum water use processing fee for a permit 
103.17  issued for irrigation of agricultural land is $20 for years in 
103.18  which: 
103.19     (1) there is no appropriation of water under the permit; or 
103.20     (2) the permit is suspended for more than seven consecutive 
103.21  days between May 1 and October 1.  A surcharge of $20 per 
103.22  million gallons in addition to the fee prescribed in paragraph 
103.23  (a) shall be applied to the volume of water used in June, July, 
103.24  and August that exceeds the volume of water used in January for 
103.25  municipal water use, irrigation of golf courses, and landscape 
103.26  irrigation. 
103.27     Sec. 114.  Minnesota Statutes 2004, section 103G.301, 
103.28  subdivision 2, is amended to read: 
103.29     Subd. 2.  [PERMIT APPLICATION FEES.] (a) An application for 
103.30  a permit authorized under this chapter, and each request to 
103.31  amend or transfer an existing permit, must be accompanied by a 
103.32  permit application fee to defray the costs of receiving, 
103.33  recording, and processing the application or request to amend or 
103.34  transfer.  
103.35     (b) The fee to apply for a permit to appropriate water, a 
103.36  permit to construct or repair a dam that is subject to dam 
104.1   safety inspection, or a state general permit or to apply for the 
104.2   state water bank program is $75 $150.  The application fee for a 
104.3   permit to work in public waters or to divert waters for mining 
104.4   must be at least $75 $150, but not more than $500 $1,000, 
104.5   according to a schedule of fees adopted under section 16A.1285. 
104.6      Sec. 115.  Minnesota Statutes 2004, section 103G.615, 
104.7   subdivision 2, is amended to read: 
104.8      Subd. 2.  [FEES.] (a) The commissioner shall establish a 
104.9   fee schedule for permits to control or harvest aquatic plants 
104.10  other than wild rice.  The fees must be set by rule, and section 
104.11  16A.1283 does not apply.  The fees may not exceed $750 per 
104.12  permit based upon the cost of receiving, processing, analyzing, 
104.13  and issuing the permit, and additional costs incurred after the 
104.14  application to inspect and monitor the activities authorized by 
104.15  the permit, and enforce aquatic plant management rules and 
104.16  permit requirements. 
104.17     (b) The fee for a permit for the control of rooted aquatic 
104.18  vegetation is $35 for each contiguous parcel of shoreline owned 
104.19  by an owner.  This fee may not be charged for permits issued in 
104.20  connection with purple loosestrife control or lakewide Eurasian 
104.21  water milfoil control programs. 
104.22     (c) A fee may not be charged to the state or a federal 
104.23  governmental agency applying for a permit. 
104.24     (d) The money received for the permits under this 
104.25  subdivision shall be deposited in the treasury and credited to 
104.26  the game and fish fund water recreation account. 
104.27     Sec. 116.  Minnesota Statutes 2004, section 103I.681, 
104.28  subdivision 11, is amended to read: 
104.29     Subd. 11.  [PERMIT FEE SCHEDULE.] (a) The commissioner of 
104.30  natural resources shall adopt a permit fee schedule under 
104.31  chapter 14.  The schedule may provide minimum fees for various 
104.32  classes of permits, and additional fees, which may be imposed 
104.33  subsequent to the application, based on the cost of receiving, 
104.34  processing, analyzing, and issuing the permit, and the actual 
104.35  inspecting and monitoring of the activities authorized by the 
104.36  permit, including costs of consulting services. 
105.1      (b) A fee may not be imposed on a state or federal 
105.2   governmental agency applying for a permit.  
105.3      (c) The fee schedule may provide for the refund of a fee, 
105.4   in whole or in part, under circumstances prescribed by the 
105.5   commissioner of natural resources.  Permit Fees received must be 
105.6   deposited in the state treasury and credited to the general 
105.7   fund.  The amount of money necessary to pay the refunds is 
105.8   Permit fees received are appropriated annually from the general 
105.9   fund to the commissioner of natural resources for the costs of 
105.10  inspecting and monitoring the activities authorized by the 
105.11  permit, including costs of consulting services.  
105.12     Sec. 117.  Minnesota Statutes 2004, section 115.06, 
105.13  subdivision 4, is amended to read: 
105.14     Subd. 4.  [CITIZEN MONITORING OF WATER QUALITY.] (a) The 
105.15  agency may encourage citizen monitoring of ambient water quality 
105.16  for public waters by: 
105.17     (1) providing technical assistance to citizen and local 
105.18  group water quality monitoring efforts; 
105.19     (2) integrating citizen monitoring data into water quality 
105.20  assessments and agency programs, provided that the data adheres 
105.21  to agency quality assurance and quality control protocols; and 
105.22     (3) seeking public and private funds to: 
105.23     (i) collaboratively develop clear guidelines for water 
105.24  quality monitoring procedures and data management practices for 
105.25  specific data and information uses; 
105.26     (ii) distribute the guidelines to citizens, local 
105.27  governments, and other interested parties; 
105.28     (iii) improve and expand water quality monitoring 
105.29  activities carried out by the agency; and 
105.30     (iv) continue to improve electronic and Web access to water 
105.31  quality data and information about public waters that have been 
105.32  either fully or partially assessed. 
105.33     (b) This subdivision does not authorize a citizen to enter 
105.34  onto private property for any purpose. 
105.35     (c) By January 15 of each odd-numbered year, the 
105.36  commissioner shall report to the senate and house of 
106.1   representatives committees with jurisdiction over environmental 
106.2   policy and finance on activities under this section. 
106.3      (d) This subdivision shall sunset June 30, 2005. 
106.4      Sec. 118.  Minnesota Statutes 2004, section 115.551, is 
106.5   amended to read: 
106.6      115.551 [TANK FEE.] 
106.7      (a) An installer shall pay a fee of $25 for each septic 
106.8   system tank installed in the previous calendar year.  The fees 
106.9   required under this section must be paid to the commissioner by 
106.10  January 30 of each year.  The revenue derived from the fee 
106.11  imposed under this section shall be deposited in the 
106.12  environmental fund and is exempt from section 16A.1285. 
106.13     (b) Notwithstanding paragraph (a), for the purposes of 
106.14  performance-based individual sewage treatment systems, the tank 
106.15  fee is limited to $25 per household system installation. 
106.16     Sec. 119.  Minnesota Statutes 2004, section 115A.03, 
106.17  subdivision 21, is amended to read: 
106.18     Subd. 21.  [MIXED MUNICIPAL SOLID WASTE.] (a) "Mixed 
106.19  municipal solid waste" means garbage, refuse, and other solid 
106.20  waste from residential, commercial, industrial, and community 
106.21  activities that the generator of the waste aggregates for 
106.22  collection, except as provided in paragraph (b). 
106.23     (b) Mixed municipal solid waste does not include auto 
106.24  hulks, street sweepings, ash, construction debris, mining waste, 
106.25  sludges, tree and agricultural wastes, tires, lead acid 
106.26  batteries, motor and vehicle fluids and filters, and other 
106.27  materials collected, processed, and disposed of as separate 
106.28  waste streams, but does include source-separated compostable 
106.29  organic materials. 
106.30     Sec. 120.  Minnesota Statutes 2004, section 115A.03, 
106.31  subdivision 32a, is amended to read: 
106.32     Subd. 32a.  [SOURCE-SEPARATED COMPOSTABLE MATERIALS.] 
106.33  "Source-separated compostable organic materials" means mixed 
106.34  municipal solid waste that: 
106.35     (1) is separated at the source by waste generators for the 
106.36  purpose of preparing it for use as food for animals, or compost; 
107.1      (2) is collected separately from other mixed municipal 
107.2   solid wastes; 
107.3      (3) is comprised of food wastes, fish and animal waste, 
107.4   plant materials, yard waste, diapers, sanitary products, and 
107.5   paper that is not recyclable because the director has determined 
107.6   that no other person is willing to accept the paper for 
107.7   recycling; and 
107.8      (4) is delivered to a facility to undergo undergoes one of 
107.9   the following processes: 
107.10     (i) controlled microbial degradation to yield a humus-like 
107.11  product meeting the agency's class I or class II, or equivalent, 
107.12  compost standards and where process residues do not exceed 15 
107.13  percent by weight of the total material delivered to the 
107.14  facility; or 
107.15     (ii) controlled packaging separation followed by (A) 
107.16  treatment, including heating and drying the material to less 
107.17  than ten percent moisture, to insure that it meets the 
107.18  requirements of chapter 25 to be sold as commercial feed; or (B) 
107.19  treatment in accordance with Minnesota Rules, part 1720.0930, to 
107.20  allow its use as food for livestock and poultry. 
107.21     Sec. 121.  Minnesota Statutes 2004, section 115A.072, 
107.22  subdivision 1, is amended to read: 
107.23     Subdivision 1.  [ENVIRONMENTAL EDUCATION ADVISORY BOARD.] 
107.24  (a) The director shall provide for the development and 
107.25  implementation of environmental education programs that are 
107.26  designed to meet the goals listed in section 115A.073. 
107.27     (b) The Environmental Education Advisory Board shall advise 
107.28  the director in carrying out the director's responsibilities 
107.29  under this section.  The board consists of 20 members as follows:
107.30     (1) a representative of the Pollution Control Agency, 
107.31  appointed by the commissioner of the agency; 
107.32     (2) a representative of the Department of Education, 
107.33  appointed by the commissioner of education; 
107.34     (3) a representative of the Department of Agriculture, 
107.35  appointed by the commissioner of agriculture; 
107.36     (4) a representative of the Department of Health, appointed 
108.1   by the commissioner of health; 
108.2      (5) a representative of the Department of Natural 
108.3   Resources, appointed by the commissioner of natural resources; 
108.4      (6) a representative of the Board of Water and Soil 
108.5   Resources, appointed by that board; 
108.6      (7) a representative of the Environmental Quality Board, 
108.7   appointed by that board; 
108.8      (8) a representative of the Board of Teaching, appointed by 
108.9   that board; 
108.10     (9) a representative of the University of Minnesota 
108.11  Extension Service, appointed by the director of the service; 
108.12     (10) a citizen member from each congressional district, of 
108.13  which two must be licensed teachers currently teaching in the 
108.14  K-12 system, appointed by the director; and 
108.15     (11) three at-large citizen members, appointed by the 
108.16  director. 
108.17  The citizen members shall serve two-year terms.  Compensation of 
108.18  board members is governed by section 15.059, subdivision 6.  The 
108.19  board expires on June 30, 2003 2008. 
108.20     Sec. 122.  Minnesota Statutes 2004, section 115A.12, is 
108.21  amended to read: 
108.22     115A.12 [ADVISORY COUNCILS.] 
108.23     (a) The director shall establish a Solid Waste Management 
108.24  Advisory Council and a Prevention, Reduction, and Recycling an 
108.25  Environmental Innovations Advisory Council that are is broadly 
108.26  representative of the geographic areas and interests of the 
108.27  state.  
108.28     (b) The solid waste council shall have not less than nine 
108.29  nor more than 21 members.  The membership of the solid waste 
108.30  council shall consist of one-third citizen representatives, 
108.31  one-third representatives from local government units, and 
108.32  one-third representatives from private solid waste management 
108.33  firms.  The solid waste council shall contain at least three 
108.34  members experienced in the private recycling industry and at 
108.35  least one member experienced in each of the following areas:  
108.36  state and municipal finance; solid waste collection, processing, 
109.1   and disposal; and solid waste reduction and resource recovery. 
109.2      (c) (b) The Prevention, Reduction, and Recycling 
109.3   Environmental Innovations Advisory Council shall have not less 
109.4   than nine nor or more than 24 members.  The membership shall 
109.5   consist of one-third citizen representatives, one-third 
109.6   representatives of government, institutional, and one-third 
109.7   representatives of business and industry representatives.  The 
109.8   director may appoint nonvoting members from other environmental 
109.9   and business assistance providers in the state. 
109.10     (d) (c) The chairs chair of the advisory councils 
109.11  council shall be appointed by the director.  The director shall 
109.12  provide administrative and staff services for the advisory 
109.13  councils council.  The advisory councils council shall have such 
109.14  duties as are assigned by law or the director.  The Solid Waste 
109.15  Advisory Council shall make recommendations to the office on its 
109.16  solid waste management activities.  The Prevention, Reduction, 
109.17  and Recycling Environmental Innovations Advisory Council shall 
109.18  make recommendations to the office on policy, programs, and 
109.19  legislation in pollution prevention, waste reduction, reuse and, 
109.20  recycling, and resource conservation, and the management of 
109.21  hazardous waste.  The Environmental Innovations Advisory Council 
109.22  shall focus on developing and implementing innovative programs 
109.23  that improve Minnesota's environment by emphasizing front-end 
109.24  preventative, and resource conservation approaches to preventing 
109.25  waste and pollution.  The council shall emphasize partnerships 
109.26  of government, citizens, institutions, and business to develop 
109.27  and implement these programs.  Members of the advisory councils 
109.28  council shall serve without compensation but shall be reimbursed 
109.29  for their reasonable expenses as determined by the director.  
109.30  Notwithstanding section 15.059, subdivision 5, the Solid Waste 
109.31  Management Advisory Council and the Prevention, Reduction, and 
109.32  Recycling Environmental Innovations Advisory Council expire 
109.33  expires June 30, 2003 2009. 
109.34     Sec. 123.  Minnesota Statutes 2004, section 115A.545, 
109.35  subdivision 1, is amended to read: 
109.36     Subdivision 1.  [DEFINITION.] (a) For the purpose of this 
110.1   section, the following terms have the meanings given them. 
110.2      (b) "Processed" means mixed municipal solid waste that has 
110.3   been: 
110.4      (1) burned for energy recovery; or 
110.5      (2) recovered for animals; or 
110.6      (3) processed into usable compost or refuse derived fuel. 
110.7      (c) "Processing facility" means a facility designed to burn 
110.8   mixed municipal solid waste for energy recovery or designed to 
110.9   process mixed municipal solid waste into usable compost or 
110.10  refuse-derived fuel. 
110.11     (d) "County" includes a consortium of counties operating 
110.12  under a solid waste management joint powers agreement.  
110.13     Sec. 124.  Minnesota Statutes 2004, section 115A.929, is 
110.14  amended to read: 
110.15     115A.929 [FEES; ACCOUNTING.] 
110.16     Each political subdivision that provides for solid waste 
110.17  management shall account for all revenue collected from waste 
110.18  management fees, together with interest earned on revenue from 
110.19  the fees, separately from other revenue collected by the 
110.20  political subdivision and shall report revenue collected from 
110.21  the fees and use of the revenue separately from other revenue 
110.22  and use of revenue in any required financial report or audit.  
110.23  Each political subdivision must file with the director, on or 
110.24  before June 30 annually, the separate report of all revenue 
110.25  collected from waste management fees, together with interest on 
110.26  revenue from the fees, for the previous year.  For the purposes 
110.27  of this section, "waste management fees" means: 
110.28     (1) all fees, charges, and surcharges collected under 
110.29  sections 115A.919, 115A.921, and 115A.923; 
110.30     (2) all tipping fees collected at waste management 
110.31  facilities owned or operated by the political subdivision; 
110.32     (3) all charges imposed by the political subdivision for 
110.33  waste collection and management services; and 
110.34     (4) any other fees, charges, or surcharges imposed on waste 
110.35  or for the purpose of waste management, whether collected 
110.36  directly from generators or indirectly through property taxes or 
111.1   as part of utility or other charges for services provided by the 
111.2   political subdivision. 
111.3      Sec. 125.  Minnesota Statutes 2004, section 116P.02, is 
111.4   amended by adding a subdivision to read: 
111.5      Subd. 4a.  [COUNCIL.] "Council" means the Minnesota 
111.6   Conservation Heritage Council. 
111.7      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
111.8   following final enactment. 
111.9      Sec. 126.  Minnesota Statutes 2004, section 116P.03, is 
111.10  amended to read: 
111.11     116P.03 [TRUST FUND NOT TO SUPPLANT EXISTING FUNDING.] 
111.12     (a) The trust fund may not be used as a substitute for 
111.13  traditional sources of funding environmental and natural 
111.14  resources activities, but the trust fund shall supplement the 
111.15  traditional sources, including those sources used to support the 
111.16  criteria in section 116P.08, subdivision 1 1a.  The trust fund 
111.17  must be used primarily to support activities whose benefits 
111.18  become available only over an extended period of time. 
111.19     (b) The commission must determine the amount of the state 
111.20  budget spent from traditional sources to fund environmental and 
111.21  natural resources activities before and after the trust fund is 
111.22  established and include a comparison of the amount in the report 
111.23  under section 116P.09, subdivision 7. 
111.24     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
111.25  following final enactment. 
111.26     Sec. 127.  Minnesota Statutes 2004, section 116P.04, 
111.27  subdivision 5, is amended to read: 
111.28     Subd. 5.  [AUDITS REQUIRED.] The legislative auditor shall 
111.29  audit trust fund expenditures to ensure that the money is spent 
111.30  for the purposes provided in the commission's budget plan the 
111.31  Minnesota Constitution, article XI, section 14, and the 
111.32  council's strategic plan developed under section 116P.08.  In 
111.33  addition, the legislative auditor shall audit the books and 
111.34  records of the council on an annual basis under sections 3.971 
111.35  and 3.972, subject to the resources of the legislative auditor, 
111.36  to ensure that the expenditures and operations of the council 
112.1   are consistent with the requirements of this chapter.  The 
112.2   legislative auditor may recoup the expenses for audits under 
112.3   this subdivision from amounts available to the council under 
112.4   section 116P.061, subdivision 6. 
112.5      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
112.6   following final enactment. 
112.7      Sec. 128.  Minnesota Statutes 2004, section 116P.05, 
112.8   subdivision 2, is amended to read: 
112.9      Subd. 2.  [DUTIES.] (a) The commission shall recommend a 
112.10  budget plan for expenditures from the environment and natural 
112.11  resources trust fund and shall adopt a strategic plan as 
112.12  provided in section 116P.08.  
112.13     (b) The commission shall recommend expenditures to the 
112.14  legislature from the state land and water conservation account 
112.15  in the natural resources fund.  
112.16     (c) It is a condition of acceptance of the appropriations 
112.17  made from the Minnesota environment and natural resources trust 
112.18  fund, and oil overcharge money under section 4.071, subdivision 
112.19  2, that the agency or entity receiving the appropriation must 
112.20  submit a work program and semiannual progress reports in the 
112.21  form determined by the Legislative Commission on Minnesota 
112.22  Resources, and comply with applicable reporting requirements 
112.23  under section 116P.16.  None of the money provided may be spent 
112.24  unless the commission has approved the pertinent work program. 
112.25     (d) The peer review panel created under section 116P.08 
112.26  must also review, comment, and report to the commission on 
112.27  research proposals applying for an appropriation from the oil 
112.28  overcharge money under section 4.071, subdivision 2. 
112.29     (e) The commission may adopt operating procedures to 
112.30  fulfill its duties under chapter 116P. 
112.31     <b>[EFFECTIVE DATE.]</b> This section is effective for interests 
112.32  in land acquired after June 30, 2005. 
112.33     Sec. 129.  [116P.061] [MINNESOTA CONSERVATION HERITAGE 
112.34  COUNCIL.] 
112.35     Subdivision 1.  [MEMBERSHIP.] (a) The Minnesota 
112.36  Conservation Heritage Council is created pursuant to section 
113.1   15.012, paragraph (a), and is governed by a council of 11 
113.2   members.  The terms of members are six years and until their 
113.3   successors have been appointed.  Each member shall be appointed 
113.4   by the governor with the advice and consent of the senate.  Not 
113.5   more than six members shall belong to the same political party.  
113.6   The governor shall select at least one member from each 
113.7   congressional district.  
113.8      (b) To be eligible for appointment to the council, a 
113.9   prospective member must demonstrate expertise and experience in 
113.10  the science, policy, or practice of the protection, 
113.11  conservation, preservation, and enhancement of the state's air, 
113.12  water, land, fish, wildlife, and other natural resources.  Prior 
113.13  service on multimember boards with grant-making responsibilities 
113.14  or prior experience in the management of a business enterprise 
113.15  is also recommended. 
113.16     (c) Except as provided in this section, the terms, 
113.17  compensation, and removal of members and filling of vacancies on 
113.18  the council shall be as provided in section 15.0575.  A member 
113.19  may be removed from the council upon a supermajority of eight 
113.20  votes in favor of the removal of that member. 
113.21     Subd. 2.  [CHAIR; VICE CHAIR.] The governor shall select a 
113.22  member to serve as chair for a term concurrent with that of the 
113.23  governor.  If a vacancy occurs in the position of chair, the 
113.24  governor shall select a new chair to complete the unexpired 
113.25  term.  The chair shall be the principal executive officer of the 
113.26  council and shall preside at meetings of the council.  The chair 
113.27  shall organize the work of the council and may make assignments 
113.28  to members, appoint committees, and give direction to the 
113.29  staff.  The members of the council shall select a vice chair. 
113.30     Subd. 3.  [QUORUM.] Except when otherwise specified, a 
113.31  majority of the council shall constitute a quorum and the act or 
113.32  decision of a majority of members present, if at least a quorum 
113.33  is present, shall be the act or decision of the council.  If a 
113.34  vacancy exists on the council, a majority of the remaining 
113.35  members constitutes a quorum.  A supermajority of eight members 
113.36  in favor is required for:  (1) hiring or removing an executive 
114.1   director for the council, if any; or (2) using funds for debt 
114.2   service on bonds. 
114.3      Subd. 4.  [GIFTS.] The council may accept and use grants of 
114.4   money or property from the United States or other grantors for 
114.5   any purpose pertaining to the activities of the council.  Any 
114.6   money or property so received is appropriated and dedicated for 
114.7   the purposes for which it is granted and shall be expended or 
114.8   used solely for such purposes according to federal laws and 
114.9   regulations pertaining thereto, subject to applicable state laws 
114.10  and rules as to manner of expenditure or use.  The council may 
114.11  make subgrants of any money received to other agencies, units of 
114.12  local government, private individuals, private organizations, 
114.13  and private nonprofit corporations.  Appropriate funds and 
114.14  accounts shall be maintained by the commissioner of finance to 
114.15  comply with this section.  Lands and interests in lands received 
114.16  may be sold or exchanged according to chapter 94. 
114.17     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
114.18  following final enactment. 
114.19     Sec. 130.  Minnesota Statutes 2004, section 116P.07, is 
114.20  amended to read: 
114.21     116P.07 [INFORMATION GATHERING.] 
114.22     Subdivision 1.  [PUBLIC FORUMS.] The commission council may 
114.23  convene public forums or employ other methods to gather 
114.24  information for establishing priorities for funding.  
114.25     Subd. 2.  [TECHNICAL ADVISORY COMMITTEE.] The council shall 
114.26  make use of available expertise from educational, research, and 
114.27  technical organizations, and state and federal environmental 
114.28  agencies, including the University of Minnesota and other higher 
114.29  education institutions, to provide appropriate independent 
114.30  expert advice on identifying natural resource priorities during 
114.31  development of the strategic plan provided for in section 
114.32  116P.08.  The technical advisory committee shall also review 
114.33  funding proposals and advise the council on funding 
114.34  recommendations.  The council shall appoint the technical 
114.35  advisory committee and designate a chair.  Compensation of 
114.36  advisory committee members is governed by section 15.059, 
115.1   subdivision 3.  
115.2      Subd. 3.  [STATE AGENCY LONG-TERM PRIORITIES.] State 
115.3   agencies with environmental programs and responsibilities shall 
115.4   submit long-term priorities based on agency plans to the 
115.5   council.  The council may integrate agency long-term priorities 
115.6   into the development of its strategic plan as provided for in 
115.7   section 116P.08.  
115.8      Subd. 4.  [PUBLIC PRIORITIES.] The council shall ask 
115.9   conservation and environmental organizations to submit their 
115.10  long-term priorities and plans to the council, which may be 
115.11  integrated into the council's strategic plan as provided for in 
115.12  section 116P.08.  
115.13     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
115.14  following final enactment. 
115.15     Sec. 131.  Minnesota Statutes 2004, section 116P.08, is 
115.16  amended by adding a subdivision to read: 
115.17     Subd. 1a.  [APPROPRIATION AND EXPENDITURES.] (a) For the 
115.18  fiscal biennium beginning July 1, 2007, and each biennium 
115.19  thereafter, the amount of the environment and natural resources 
115.20  trust fund that is available for appropriation under the terms 
115.21  of the Minnesota Constitution, article XI, section 14, shall be 
115.22  appropriated by a law passed by the legislature and signed by 
115.23  the governor to the council for expenditures to be made 
115.24  according to the provisions of this section. 
115.25     (b) The amount appropriated from the environment and 
115.26  natural resources trust fund may be spent only for the public 
115.27  purpose of protection, conservation, preservation, and 
115.28  enhancement of the state's air, water, land, fish, wildlife, and 
115.29  other natural resources.  Expenditures made by the council under 
115.30  this section must be consistent with the Minnesota Constitution, 
115.31  article XI, section 14, and the strategic plan adopted under 
115.32  subdivision 3 and must demonstrate a direct benefit to the 
115.33  state's natural resources. 
115.34     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
115.35  following final enactment. 
115.36     Sec. 132.  Minnesota Statutes 2004, section 116P.08, is 
116.1   amended by adding a subdivision to read: 
116.2      Subd. 1b.  [WORK PROGRAM; PROGRESS REPORTS.] It is a 
116.3   condition of acceptance of the appropriations made from the 
116.4   Minnesota environment and natural resources trust fund that the 
116.5   agency or entity receiving the appropriation must submit a work 
116.6   program and semiannual progress reports in the form determined 
116.7   by the council.  None of the money provided may be spent unless 
116.8   the council has approved the pertinent work program. 
116.9      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
116.10  following final enactment. 
116.11     Sec. 133.  Minnesota Statutes 2004, section 116P.08, 
116.12  subdivision 3, is amended to read: 
116.13     Subd. 3.  [STRATEGIC PLAN REQUIRED.] (a) The commission 
116.14  council shall adopt a strategic plan for making expenditures 
116.15  from the trust fund, including identifying the priority areas 
116.16  for funding for the next six ten years.  The strategic plan must 
116.17  be updated every two years.  The plan is advisory only The 
116.18  council shall make funding allocation decisions on at least an 
116.19  annual basis. 
116.20     (b) The commission council shall submit the plan, as a 
116.21  recommendation, to the house of representatives Ways and Means 
116.22  and senate Finance Committees chairs of the house of 
116.23  representatives and senate committees with jurisdiction over 
116.24  environment and natural resources policy and finance by January 
116.25  1 15 of each odd-numbered year according to section 116P.09, 
116.26  subdivision 7. 
116.27     (b) The commission may accept or modify the draft of the 
116.28  strategic plan submitted to it by the advisory committee before 
116.29  voting on the plan's adoption. 
116.30     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
116.31  following final enactment. 
116.32     Sec. 134.  Minnesota Statutes 2004, section 116P.08, 
116.33  subdivision 5, is amended to read: 
116.34     Subd. 5.  [PUBLIC MEETINGS.] All advisory committee and 
116.35  commission council meetings must be open to the public.  The 
116.36  commission shall attempt to meet at least once in each of the 
117.1   state's congressional districts during each biennium.  
117.2      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
117.3   following final enactment. 
117.4      Sec. 135.  Minnesota Statutes 2004, section 116P.08, 
117.5   subdivision 6, is amended to read: 
117.6      Subd. 6.  [PEER REVIEW.] (a) Research proposals must 
117.7   include a stated purpose, timeline, potential outcomes, and an 
117.8   explanation of the need for the research.  All research 
117.9   proposals must be reviewed by a peer review panel peer-reviewed 
117.10  before receiving an appropriation.  Peer reviews shall be 
117.11  considered by the council in evaluating a research project 
117.12  proposal.  The council shall establish a peer review panel under 
117.13  subdivision 7 to assist its work. 
117.14     (b) In conducting research proposal reviews, the peer 
117.15  review panel A peer review report on a proposed research 
117.16  project, prepared for a research proposal review, shall: 
117.17     (1) comment on the methodology proposed and whether it can 
117.18  be expected to yield appropriate and useful information and 
117.19  data; and 
117.20     (2) comment on the need for the research and about similar 
117.21  existing information available, if any; and 
117.22     (3) report to the commission and advisory committee on 
117.23  clauses (1) and (2). 
117.24     (c) The peer review panel also must review completed 
117.25  research proposals that have received an appropriation and 
117.26  comment and report upon whether the project reached the intended 
117.27  goals. 
117.28     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
117.29  following final enactment. 
117.30     Sec. 136.  Minnesota Statutes 2004, section 116P.08, 
117.31  subdivision 7, is amended to read: 
117.32     Subd. 7.  [PEER REVIEW PANEL MEMBERSHIP.] (a) The peer 
117.33  review panel must consist of at least five members who are 
117.34  knowledgeable in general research methods in the areas of 
117.35  environment and natural resources.  Not more than two members of 
117.36  the panel may be employees of state agencies in Minnesota. 
118.1      (b) The commission council shall select a chair every two 
118.2   years who shall be responsible for convening meetings of the 
118.3   panel as often as is necessary to fulfill its duties as 
118.4   prescribed in this section.  Compensation of panel members is 
118.5   governed by section 15.059, subdivision 3.  
118.6      (c) The peer review panel must review completed research 
118.7   proposals that have received an appropriation and comment and 
118.8   report upon whether the project reached the intended goals. 
118.9      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
118.10  following final enactment. 
118.11     Sec. 137.  Minnesota Statutes 2004, section 116P.09, is 
118.12  amended to read: 
118.13     116P.09 [ADMINISTRATION.] 
118.14     Subdivision 1.  [ADMINISTRATIVE AUTHORITY.] The 
118.15  commission council may appoint legal and other personnel and 
118.16  consultants necessary to carry out functions and duties of 
118.17  the commission council.  Permanent employees shall be in the 
118.18  unclassified service.  In addition, the commission council may 
118.19  request staff assistance and data from any other agency of state 
118.20  government as needed for the execution of the responsibilities 
118.21  of the commission and advisory committee council and an agency 
118.22  must promptly furnish it. 
118.23     Subd. 2.  [LIAISON OFFICERS.] The commission council shall 
118.24  request each department or agency head of all state agencies 
118.25  with a direct interest and responsibility in any phase of 
118.26  environment and natural resources to appoint, and the latter 
118.27  shall appoint for the agency, a liaison officer who shall work 
118.28  closely with the commission council and its staff.  
118.29     Subd. 3.  [APPRAISAL AND EVALUATION.] The commission 
118.30  council shall obtain and appraise information available through 
118.31  private organizations and groups, utilizing to the fullest 
118.32  extent possible studies, data, and reports previously prepared 
118.33  or currently in progress by public agencies, private 
118.34  organizations, groups, and others, concerning future trends in 
118.35  the protection, conservation, preservation, and enhancement of 
118.36  the state's air, water, land, forests, fish, wildlife, native 
119.1   vegetation, and other natural resources.  Any data compiled by 
119.2   the commission council shall be made available to any standing 
119.3   or interim committee of the legislature upon the request of the 
119.4   chair of the respective committee. 
119.5      Subd. 4.  [PERSONNEL.] Persons who are employed by a state 
119.6   agency to work on a project and are paid by an appropriation 
119.7   from the trust fund are in the unclassified civil service, and 
119.8   their continued employment is contingent upon the availability 
119.9   of money from the appropriation.  When the appropriation has 
119.10  been spent, their positions must be canceled and the approved 
119.11  complement of the agency reduced accordingly.  Part-time 
119.12  employment of persons for a project is authorized.  The use of 
119.13  classified employees is authorized when approved as part of the 
119.14  work program required by section 116P.05 116P.08, subdivision 2, 
119.15  paragraph (c) 1b. 
119.16     Subd. 5.  [ADMINISTRATIVE EXPENSE.] The prorated expenses 
119.17  related to commission council administration of the trust fund 
119.18  may not exceed an amount equal to four percent of the amount 
119.19  available for appropriation of the trust fund for the biennium. 
119.20     Subd. 6.  [CONFLICT OF INTEREST.] (a) A commission council 
119.21  member, advisory committee member, a peer review panelist, or an 
119.22  employee of the commission council may not participate in or 
119.23  vote on a decision of the commission, advisory 
119.24  committee, council or a peer review panel relating to an 
119.25  organization in which the member, panelist, or employee has 
119.26  either a direct or indirect personal financial interest.  While 
119.27  serving on the legislative commission, advisory committee, 
119.28  council or peer review panel, or being while an employee of 
119.29  the commission council, a person shall avoid any potential 
119.30  conflict of interest.  A conflict of interest exists if the 
119.31  person: 
119.32     (1) would receive a direct or indirect personal financial 
119.33  benefit from an entity proposing a project for funding by the 
119.34  council or from a proposal under review for funding by the 
119.35  council; 
119.36     (2) serves as an employee, consultant, or governing board 
120.1   member of an entity proposing a project for funding by the 
120.2   council; or 
120.3      (3) has a family relationship with a project proposer or a 
120.4   staff or board member of an entity proposing a project for 
120.5   funding by the council. 
120.6      (b) The council must develop procedures to identify a 
120.7   conflict of interest during the initial proposal review 
120.8   process.  If a conflict is found to exist, the person must 
120.9   notify the council in writing and may not advocate for or 
120.10  against the proposal or vote on the proposal. 
120.11     Subd. 7.  [REPORT REQUIRED.] The commission council shall, 
120.12  by January 15 of each odd-numbered year, submit a report to the 
120.13  governor, the chairs of the house of representatives 
120.14  appropriations and senate finance committees, and the chairs of 
120.15  the house of representatives and senate committees on with 
120.16  jurisdiction over environment and natural resources policy and 
120.17  finance.  Copies of the report must be available to the public.  
120.18  The report must include a summary of the council's conservation 
120.19  achievements during the reporting period and: 
120.20     (1) a copy of the current strategic plan; 
120.21     (2) a description of each project receiving money from the 
120.22  trust fund during the preceding biennium and how the project 
120.23  relates to the constitutional dedication of the trust fund and 
120.24  to the council's current strategic plan; 
120.25     (3) a summary of any research project completed in the 
120.26  preceding biennium; 
120.27     (4) recommendations to implement successful projects and 
120.28  programs into a state agency's standard operations; 
120.29     (5) to the extent known by the commission council, 
120.30  descriptions of the projects anticipated to be supported by the 
120.31  trust fund during the next biennium; 
120.32     (6) the source and amount of all revenues collected and 
120.33  distributed by the commission council, including all 
120.34  administrative and other expenses; 
120.35     (7) a description of the assets and liabilities of the 
120.36  trust fund; 
121.1      (8) any findings or recommendations that are deemed proper 
121.2   to assist the legislature in formulating legislation; 
121.3      (9) a list of all gifts and donations with a value over 
121.4   $1,000; 
121.5      (10) a comparison of the amounts spent by the state for 
121.6   environment and natural resources activities through the most 
121.7   recent fiscal year; and 
121.8      (11) a copy of the most recent compliance audit. 
121.9      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
121.10  following final enactment. 
121.11     Sec. 138.  Minnesota Statutes 2004, section 116P.10, is 
121.12  amended to read: 
121.13     116P.10 [ROYALTIES, COPYRIGHTS, PATENTS.] 
121.14     This section applies to projects supported by the trust 
121.15  fund and the oil overcharge money referred to in section 4.071, 
121.16  subdivision 2, each of which is referred to in this section as a 
121.17  "fund."  The trust fund owns and shall take title to the 
121.18  percentage of a royalty, copyright, or patent resulting from a 
121.19  project supported by the trust fund equal to the percentage of 
121.20  the project's total funding provided by the trust fund.  Cash 
121.21  receipts resulting from a royalty, copyright, or patent, or the 
121.22  sale of the trust fund's rights to a royalty, copyright, or 
121.23  patent, must be credited immediately to the principal of 
121.24  the trust fund.  Receipts from Minnesota future resources fund 
121.25  projects must be credited to the trust fund.  Before the council 
121.26  decides to fund a project is included in the budget plan, 
121.27  the commission council may vote to relinquish the ownership or 
121.28  rights to a royalty, copyright, or patent resulting from a 
121.29  project supported by the trust fund to the project's proposer 
121.30  when the amount of the original grant or loan, plus interest, 
121.31  has been repaid to the trust fund. 
121.32     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
121.33  following final enactment. 
121.34     Sec. 139.  Minnesota Statutes 2004, section 116P.11, is 
121.35  amended to read: 
121.36     116P.11 [AVAILABILITY OF FUNDS FOR DISBURSEMENT.] 
122.1      (a) The amount biennially available from the trust fund for 
122.2   the budget plan developed by the commission council is as 
122.3   defined in the Minnesota Constitution, article XI, section 14.  
122.4      (b) Any appropriated funds not encumbered in the biennium 
122.5   in which they are appropriated cancel and must be credited to 
122.6   the principal of the trust fund. 
122.7      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
122.8   following final enactment. 
122.9      Sec. 140.  Minnesota Statutes 2004, section 116P.12, 
122.10  subdivision 2, is amended to read: 
122.11     Subd. 2.  [APPLICATION AND ADMINISTRATION.] (a) The 
122.12  commission council must adopt a procedure for the issuance of 
122.13  the water system improvement loans by the Public Facilities 
122.14  Authority.  
122.15     (b) The commission council also must ensure that the loans 
122.16  are administered according to its fiduciary standards and 
122.17  requirements. 
122.18     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
122.19  following final enactment. 
122.20     Sec. 141.  Minnesota Statutes 2004, section 116P.15, 
122.21  subdivision 2, is amended to read: 
122.22     Subd. 2.  [RESTRICTIONS; MODIFICATION PROCEDURE.] (a) An 
122.23  interest in real property acquired with an appropriation from 
122.24  the trust fund or the Minnesota future resources fund must be 
122.25  used in perpetuity or for the specific term of an easement 
122.26  interest for the purpose for which the appropriation was made. 
122.27     (b) A recipient of funding who acquires an interest in real 
122.28  property subject to this section may not alter the intended use 
122.29  of the interest in real property or convey any interest in the 
122.30  real property acquired with the appropriation without the prior 
122.31  review and approval of the commission council.  The commission 
122.32  council shall establish procedures to review requests from 
122.33  recipients to alter the use of or convey an interest in real 
122.34  property.  These procedures shall allow for the replacement of 
122.35  the interest in real property with another interest in real 
122.36  property meeting the following criteria: 
123.1      (1) the interest is at least equal in fair market value, as 
123.2   certified by the commissioner of natural resources, to the 
123.3   interest being replaced; and 
123.4      (2) the interest is in a reasonably equivalent location, 
123.5   and has a reasonably equivalent usefulness compared to the 
123.6   interest being replaced. 
123.7      (c) A recipient of funding who acquires an interest in real 
123.8   property under paragraph (a) must separately record a notice of 
123.9   funding restrictions in the appropriate local government office 
123.10  where the conveyance of the interest in real property is filed.  
123.11  The notice of funding agreement must contain: 
123.12     (1) a legal description of the interest in real property 
123.13  covered by the funding agreement; 
123.14     (2) a reference to the underlying funding agreement; 
123.15     (3) a reference to this section; and 
123.16     (4) the following statement: 
123.17     "This interest in real property shall be administered in 
123.18  accordance with the terms, conditions, and purposes of the grant 
123.19  agreement or work program controlling the acquisition of the 
123.20  property.  The interest in real property, or any portion of the 
123.21  interest in real property, shall not be sold, transferred, 
123.22  pledged, or otherwise disposed of or further encumbered without 
123.23  obtaining the prior written approval of the Legislative 
123.24  Commission on Minnesota Resources council or its successor.  If 
123.25  the holder of the interest in real property fails to comply with 
123.26  the terms and conditions of the grant agreement or work program, 
123.27  ownership of the interest in real property shall transfer to 
123.28  this state." 
123.29     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
123.30  following final enactment. 
123.31     Sec. 142.  [116P.16] [REAL PROPERTY INTEREST REPORT.] 
123.32     By December 1 each year, a recipient of an appropriation 
123.33  from the trust fund, that is used for the acquisition of an 
123.34  interest in real property, must submit annual reports on the 
123.35  status of the real property to the Legislative Commission on 
123.36  Minnesota Resources in a form determined by the commission.  The 
124.1   responsibility for reporting under this section may be 
124.2   transferred by the recipient of the appropriation to another 
124.3   person who holds the interest in the real property.  To complete 
124.4   the transfer of reporting responsibility, the recipient of the 
124.5   appropriation must: 
124.6      (1) inform the person to whom the responsibility is 
124.7   transferred of that person's reporting responsibility; 
124.8      (2) inform the person to whom the responsibility is 
124.9   transferred of the property restrictions under section 116P.15; 
124.10  and 
124.11     (3) provide written notice to the commission of the 
124.12  transfer of reporting responsibility, including contact 
124.13  information for the person to whom the responsibility is 
124.14  transferred. 
124.15  After the transfer, the person who holds the interest in the 
124.16  real property is responsible for reporting requirements under 
124.17  this section. 
124.18     <b>[EFFECTIVE DATE.]</b> This section is effective for interests 
124.19  in land acquired after June 30, 2005. 
124.20     Sec. 143.  Minnesota Statutes 2004, section 168.1296, 
124.21  subdivision 1, is amended to read: 
124.22     Subdivision 1.  [GENERAL REQUIREMENTS AND PROCEDURES.] (a) 
124.23  The registrar shall issue special critical habitat license 
124.24  plates to an applicant who: 
124.25     (1) is an owner or joint owner of a passenger automobile, 
124.26  pickup truck, or van or of recreational equipment; 
124.27     (2) pays a fee of $10 to cover the costs of handling and 
124.28  manufacturing the plates; 
124.29     (3) pays the registration tax required under section 
124.30  168.013; 
124.31     (4) pays the fees required under this chapter; 
124.32     (5) contributes a minimum of $30 annually to the Minnesota 
124.33  critical habitat private sector matching account established in 
124.34  section 84.943; and 
124.35     (6) complies with laws and rules governing registration and 
124.36  licensing of vehicles and drivers. 
125.1      (b) The critical habitat license application form must 
125.2   clearly indicate that the annual contribution specified under 
125.3   paragraph (a), clause (5), is a minimum contribution to receive 
125.4   the license plate and that the applicant may make an additional 
125.5   contribution to the account. 
125.6      (c) Owners of recreational equipment under paragraph (a), 
125.7   clause (1), are eligible only for special critical habitat 
125.8   license plates for which the designs are approved by the 
125.9   commissioner on or after January 1, 2006.  
125.10     (d) Special critical habitat license plates, the designs 
125.11  for which are approved by the commissioner on or after January 
125.12  1, 2006, may be personalized according to section 168.12, 
125.13  subdivision 2a. 
125.14     Sec. 144.  Minnesota Statutes 2004, section 169A.63, 
125.15  subdivision 6, is amended to read: 
125.16     Subd. 6.  [VEHICLE SUBJECT TO FORFEITURE.] (a) A motor 
125.17  vehicle is subject to forfeiture under this section if it was 
125.18  used in the commission of a designated offense or was used in 
125.19  conduct resulting in a designated license revocation. 
125.20     (b) Motorboats subject to seizure and forfeiture under this 
125.21  section also include their trailers. 
125.22     Sec. 145.  Minnesota Statutes 2004, section 216B.2424, 
125.23  subdivision 1, is amended to read: 
125.24     Subdivision 1.  [FARM-GROWN CLOSED-LOOP BIOMASS.] (a) For 
125.25  the purposes of this section, "farm-grown closed-loop biomass" 
125.26  means biomass, as defined in section 216C.051, subdivision 7, 
125.27  that: 
125.28     (1) is intentionally cultivated, harvested, and prepared 
125.29  for use, in whole or in part, as a fuel for the generation of 
125.30  electricity; 
125.31     (2) when combusted, releases an amount of carbon dioxide 
125.32  that is less than or approximately equal to the carbon dioxide 
125.33  absorbed by the biomass fuel during its growing cycle; and 
125.34     (3) is fired in a new or substantially retrofitted electric 
125.35  generating facility that is: 
125.36     (i) located within 400 miles of the site of the biomass 
126.1   production; and 
126.2      (ii) designed to use biomass to meet at least 75 percent of 
126.3   its fuel requirements. 
126.4      (b) The legislature finds that the negative environmental 
126.5   impacts within 400 miles of the facility resulting from 
126.6   transporting and combusting the biomass are offset in that 
126.7   region by the environmental benefits to air, soil, and water of 
126.8   the biomass production. 
126.9      (c) Among the biomass fuel sources that meet the 
126.10  requirements of paragraph (a), clause clauses (1) and (2) are 
126.11  poplar, aspen, willow, switch grass, sorghum, alfalfa, and 
126.12  cultivated prairie grass and sustainably managed woody biomass.  
126.13     (d) For the purpose of this section, "sustainably managed 
126.14  woody biomass" means:  
126.15     (1) brush, trees, and other biomass harvested from within 
126.16  designated utility, railroad, and road rights-of-way; 
126.17     (2) upland and lowland brush harvested from lands 
126.18  incorporated into brushland habitat management activities of the 
126.19  Minnesota Department of Natural Resources; 
126.20     (3) upland and lowland brush harvested from lands managed 
126.21  in accordance with Minnesota Department of Natural Resources 
126.22  "Best Management Practices for Managing Brushlands"; 
126.23     (4) logging slash or waste wood that is created by harvest, 
126.24  precommercial timber stand improvement to meet silvicultural 
126.25  objectives, or by fire, disease, or insect control treatments, 
126.26  and that is managed in compliance with the Minnesota Forest 
126.27  Resources Council's "Sustaining Minnesota Forest Resources: 
126.28  Voluntary Site-Level Forest Management Guidelines for 
126.29  Landowners, Loggers and Resource Managers" as modified by the 
126.30  requirement of this subdivision; and 
126.31     (5) trees or parts of trees that do not meet the 
126.32  utilization standards for pulpwood, posts, bolts, or sawtimber 
126.33  as described in the Minnesota Department of Natural Resources 
126.34  Division of Forestry Timber Sales Manual, 1998, as amended as of 
126.35  May 1, 2005, and the Minnesota Department of Natural Resources 
126.36  Timber Scaling Manual, 1981, as amended as of May 1, 2005, 
127.1   except as provided in paragraph (a), clause (1), and this 
127.2   paragraph, clauses (1) to (3). 
127.3      Sec. 146.  Minnesota Statutes 2004, section 216B.2424, is 
127.4   amended by adding a subdivision to read:  
127.5      Subd. 1a.  [MUNICIPAL WASTE-TO-ENERGY PROJECT.] (a) This 
127.6   subdivision applies only to a biomass project owned or 
127.7   controlled, directly or indirectly, by two municipal utilities 
127.8   as described in subdivision 5a, paragraph (b). 
127.9      (b) Woody biomass from state-owned land must be harvested 
127.10  in compliance with an adopted management plan and a program of 
127.11  ecologically based third-party certification.  
127.12     (c) The project must prepare a fuel plan on an annual basis 
127.13  after commercial operation of the project as described in the 
127.14  power contract between the project and the public utility, and 
127.15  must also prepare annually certificates reflecting the types of 
127.16  fuel used in the preceding year by the project, as described in 
127.17  the power contract.  The fuel plans and certificates shall also 
127.18  be filed with the Minnesota Department of Natural Resources and 
127.19  the Minnesota Department of Commerce within 30 days after being 
127.20  provided to the public utility, as provided by the power 
127.21  contract.  Any person who believes the fuel plans, as amended, 
127.22  and certificates show that the project does not or will not 
127.23  comply with the fuel requirements of this subdivision may file a 
127.24  petition with the commission seeking such a determination.  
127.25     (d) The wood procurement process must utilize third-party 
127.26  audit certification systems to verify that applicable best 
127.27  management practices were utilized in the procurement of the 
127.28  sustainably managed biomass.  If there is a failure to so verify 
127.29  in any two consecutive years during the original contract term, 
127.30  the farm-grown closed-loop biomass requirements of subdivision 2 
127.31  must be increased to 50 percent for the remaining contract term 
127.32  period; however, if in two consecutive subsequent years after 
127.33  the increase has been implemented, it is verified that the 
127.34  conditions in this subdivision have been met, then for the 
127.35  remaining original contract term the closed-loop biomass mandate 
127.36  reverts to 25 percent.  If there is a subsequent failure to 
128.1   verify in a year after the first failure and implementation of 
128.2   the 50 percent requirement, then the closed-loop percentage 
128.3   shall remain at 50 percent for each remaining year of the 
128.4   contract term.  
128.5      (e) In the closed-loop plantation, no transgenic plants may 
128.6   be used.  
128.7      (f) No wood may be harvested from any lands identified by 
128.8   the final or preliminary Minnesota County Biological Survey as 
128.9   having statewide significance as native plant communities, large 
128.10  populations or concentrations of rare species, or critical 
128.11  animal habitat.  
128.12     (g) A wood procurement plan must be prepared every five 
128.13  years and public meetings must be held and written comments 
128.14  taken on the plan and documentation must be provided on why or 
128.15  why not the public inputs were used.  
128.16     (h) Guidelines or best management practices for sustainably 
128.17  managed woody biomass must be adopted by:  
128.18     (1) the Minnesota Department of Natural Resources for 
128.19  managing and maintaining brushland and open land habitat on 
128.20  public and private lands, including, but not limited to, 
128.21  provisions of sections 84.941, 84.942, and 97A.125; and 
128.22     (2) the Minnesota Forest Resources Council for logging 
128.23  slash, using the most recent available scientific information 
128.24  regarding the removal of woody biomass from forest lands, to 
128.25  sustain the management of forest resources as defined by section 
128.26  89.001, subdivisions 8 and 9, with particular attention to soil 
128.27  productivity, biological diversity as defined by section 89A.01, 
128.28  subdivision 3, and wildlife habitat. 
128.29     These guidelines must be completed by July 1, 2007, and the 
128.30  process of developing them must incorporate public notification 
128.31  and comment. 
128.32     (i) The University of Minnesota Initiative for Renewable 
128.33  Energy and the Environment is encouraged to solicit and fund 
128.34  high-quality research projects to develop and consolidate 
128.35  scientific information regarding the removal of woody biomass 
128.36  from forest and brush lands, with particular attention to the 
129.1   environmental impacts on soil productivity, biological 
129.2   diversity, and sequestration of carbon.  The results of this 
129.3   research shall be made available to the public. 
129.4      (j) The two utilities owning or controlling, directly or 
129.5   indirectly, the biomass project described in subdivision 5a, 
129.6   paragraph (b), fund or obtain funding of $150,000 by April 1, 
129.7   2006, to complete the guidelines or best management practices 
129.8   described in paragraph (h).  The expenditures to be funded under 
129.9   this paragraph do not include any of the expenditures to be 
129.10  funded under paragraph (i). 
129.11     Sec. 147.  Minnesota Statutes 2004, section 216B.2424, 
129.12  subdivision 2, is amended to read: 
129.13     Subd. 2.  [INTERIM EXEMPTION.] (a) A biomass project 
129.14  proposing to use, as its primary fuel over the life of the 
129.15  project, short-rotation woody crops, may use as an interim fuel 
129.16  agricultural waste and other biomass which is not farm-grown 
129.17  closed-loop biomass for up to six years after the project's 
129.18  electric generating facility becomes operational; provided, the 
129.19  project developer demonstrates the project will use the 
129.20  designated short-rotation woody crops as its primary fuel after 
129.21  the interim period and provided the location of the interim fuel 
129.22  production meets the requirements of subdivision 1, paragraph 
129.23  (a), clause (3). 
129.24     (b) A biomass project proposing to use, as its primary fuel 
129.25  over the life of the project, short-rotation woody crops, may 
129.26  use as an interim fuel agricultural waste and other biomass 
129.27  which is not farm-grown closed-loop biomass for up to three 
129.28  years after the project's electric generating facility becomes 
129.29  operational; provided, the project developer demonstrates the 
129.30  project will use the designated short-rotation woody crops as 
129.31  its primary fuel after the interim period. 
129.32     (c) A biomass project that uses an interim fuel under the 
129.33  terms of paragraph (b) may, in addition, use an interim fuel 
129.34  under the terms of paragraph (a) for six years less the number 
129.35  of years that an interim fuel was used under paragraph (b). 
129.36     (d) A project developer proposing to use an exempt interim 
130.1   fuel under paragraphs (a) and (b) must demonstrate to the public 
130.2   utility that the project will have an adequate supply of 
130.3   short-rotation woody crops which meet the requirements of 
130.4   subdivision 1 to fuel the project after the interim period. 
130.5      (e) If a biomass project using an interim fuel under this 
130.6   subdivision is or becomes owned or controlled, directly or 
130.7   indirectly, by two municipal utilities as described in 
130.8   subdivision 5a, paragraph (b), the project is deemed to comply 
130.9   with the requirement under this subdivision to use farm-grown 
130.10  closed-loop biomass as its primary fuel if farm-grown 
130.11  closed-loop biomass comprises no less than 25 percent of the 
130.12  fuel used over the life of the project.  For purposes of this 
130.13  subdivision, "life of the project" means 20 years from the date 
130.14  the project becomes operational or the term of the applicable 
130.15  power purchase agreement between the project owner and the 
130.16  public utility, whichever is longer. 
130.17     Sec. 148.  Minnesota Statutes 2004, section 216B.2424, 
130.18  subdivision 5a, is amended to read: 
130.19     Subd. 5a.  [REDUCTION OF BIOMASS MANDATE.] (a) 
130.20  Notwithstanding subdivision 5, the biomass electric energy 
130.21  mandate shall must be reduced from 125 megawatts to 110 
130.22  megawatts.  
130.23     (b) The Public Utilities Commission shall approve a request 
130.24  pending before the Public Utilities commission as of May 15, 
130.25  2003, for an amendment amendments to and assignment of a 
130.26  contract for power from power purchase agreement with the owner 
130.27  of a facility that uses short-rotation, woody crops as its 
130.28  primary fuel previously approved to satisfy a portion of the 
130.29  biomass mandate if the developer owner of the project agrees to 
130.30  reduce the size of its project from 50 megawatts to 35 
130.31  megawatts, while maintaining a an average price for energy at or 
130.32  below the current contract price. in nominal dollars measured 
130.33  over the term of the power purchase agreement at or below $104 
130.34  per megawatt-hour, exclusive of any price adjustments that may 
130.35  take effect subsequent to commission approval of the power 
130.36  purchase agreement, as amended.  The commission shall also 
131.1   approve, as necessary, any subsequent assignment or sale of the 
131.2   power purchase agreement or ownership of the project to an 
131.3   entity owned or controlled, directly or indirectly, by two 
131.4   municipal utilities located north of Constitutional Route No. 8, 
131.5   as described in section 161.114, which currently own electric 
131.6   and steam generation facilities using coal as a fuel and which 
131.7   propose to retrofit their existing municipal electrical 
131.8   generating facilities to utilize biomass fuels in order to 
131.9   perform the power purchase agreement. 
131.10     (c) If the power purchase agreement described in paragraph 
131.11  (b) is assigned to an entity that is, or becomes, owned or 
131.12  controlled, directly or indirectly, by two municipal entities as 
131.13  described in paragraph (b), and the power purchase agreement 
131.14  meets the price requirements of paragraph (b), the commission 
131.15  shall approve any amendments to the power purchase agreement 
131.16  necessary to reflect the changes in project location and 
131.17  ownership and any other amendments made necessary by those 
131.18  changes.  The commission shall also specifically find that: 
131.19     (1) the power purchase agreement complies with and fully 
131.20  satisfies the provisions of this section to the full extent of 
131.21  its 35-megawatt capacity; 
131.22     (2) all costs incurred by the public utility and all 
131.23  amounts to be paid by the public utility to the project owner 
131.24  under the terms of the power purchase agreement are fully 
131.25  recoverable pursuant to section 216B.1645; 
131.26     (3) subject to prudency review by the commission, the 
131.27  public utility may recover from its Minnesota retail customers 
131.28  the Minnesota jurisdictional portion of the amounts that may be 
131.29  incurred and paid by the public utility during the full term of 
131.30  the power purchase agreement; and 
131.31     (4) if the purchase power agreement meets the requirements 
131.32  of this subdivision, it is reasonable and in the public interest.
131.33     (d) The commission shall specifically approve recovery by 
131.34  the public utility of any and all Minnesota jurisdictional costs 
131.35  incurred by the public utility to improve, construct, install, 
131.36  or upgrade transmission, distribution, or other electrical 
132.1   facilities owned by the public utility or other persons in order 
132.2   to permit interconnection of the retrofitted biomass-fueled 
132.3   generating facilities or to obtain transmission service for the 
132.4   energy provided by the facilities to the public utility pursuant 
132.5   to section 216B.1645, and shall disapprove any provision in the 
132.6   power purchase agreement that requires the developer or owner of 
132.7   the project to pay the jurisdictional costs or that permit the 
132.8   public utility to terminate the power purchase agreement as a 
132.9   result of the existence of those costs or the public utility's 
132.10  obligation to pay any or all of those costs. 
132.11     Sec. 149.  Minnesota Statutes 2004, section 216B.2424, 
132.12  subdivision 6, is amended to read: 
132.13     Subd. 6.  [REMAINING MEGAWATT COMPLIANCE PROCESS.] (a) If 
132.14  there remain megawatts of biomass power generating capacity to 
132.15  fulfill the mandate in subdivision 5 after the commission has 
132.16  taken final action on all contracts filed by September 1, 2000, 
132.17  by a public utility, as amended and assigned, this subdivision 
132.18  governs final compliance with the biomass energy mandate in 
132.19  subdivision 5 subject to the requirements of subdivisions 7 and 
132.20  8.  
132.21     (b) To the extent not inconsistent with this subdivision, 
132.22  the provisions of subdivisions 2, 3, 4, and 5 apply to proposals 
132.23  subject to this subdivision. 
132.24     (c) A public utility must submit proposals to the 
132.25  commission to complete the biomass mandate.  The commission 
132.26  shall require a public utility subject to this section to issue 
132.27  a request for competitive proposals for projects for electric 
132.28  generation utilizing biomass as defined in paragraph (f) of this 
132.29  subdivision to provide the remaining megawatts of the mandate.  
132.30  The commission shall set an expedited schedule for submission of 
132.31  proposals to the utility, selection by the utility of proposals 
132.32  or projects, negotiation of contracts, and review by the 
132.33  commission of the contracts or projects submitted by the utility 
132.34  to the commission. 
132.35     (d) Notwithstanding the provisions of subdivisions 1 to 5 
132.36  but subject to the provisions of subdivisions 7 and 8, a new or 
133.1   existing facility proposed under this subdivision that is fueled 
133.2   either by biomass or by co-firing biomass with nonbiomass may 
133.3   satisfy the mandate in this section.  Such a facility need not 
133.4   use biomass that complies with the definition in subdivision 1 
133.5   if it uses biomass as defined in paragraph (f) of this 
133.6   subdivision.  Generating capacity produced by co-firing of 
133.7   biomass that is operational as of April 25, 2000, does not meet 
133.8   the requirements of the mandate, except that additional 
133.9   co-firing capacity added at an existing facility after April 25, 
133.10  2000, may be used to satisfy this mandate.  Only the number of 
133.11  megawatts of capacity at a facility which co-fires biomass that 
133.12  are directly attributable to the biomass and that become 
133.13  operational after April 25, 2000, count toward meeting the 
133.14  biomass mandate in this section. 
133.15     (e) Nothing in this subdivision precludes a facility 
133.16  proposed and approved under this subdivision from using fuel 
133.17  sources that are not biomass in compliance with subdivision 3. 
133.18     (f) Notwithstanding the provisions of subdivision 1, for 
133.19  proposals subject to this subdivision, "biomass" includes 
133.20  farm-grown closed-loop biomass; agricultural wastes, including 
133.21  animal, poultry, and plant wastes; and waste wood, including 
133.22  chipped wood, bark, brush, residue wood, and sawdust. 
133.23     (g) Nothing in this subdivision affects in any way 
133.24  contracts entered into as of April 25, 2000, to satisfy the 
133.25  mandate in subdivision 5.  
133.26     (h) Nothing in this subdivision requires a public utility 
133.27  to retrofit its own power plants for the purpose of co-firing 
133.28  biomass fuel, nor is a utility prohibited from retrofitting its 
133.29  own power plants for the purpose of co-firing biomass fuel to 
133.30  meet the requirements of this subdivision. 
133.31     Sec. 150.  Minnesota Statutes 2004, section 216B.2424, 
133.32  subdivision 8, is amended to read: 
133.33     Subd. 8.  [AGRICULTURAL BIOMASS REQUIREMENT.] Of the 125 
133.34  megawatts mandated in subdivision 5, or 110 megawatts mandated 
133.35  in subdivision 5a, at least 75 megawatts of the generating 
133.36  capacity must be generated by facilities that use agricultural 
134.1   biomass as the principal fuel source.  For purposes of this 
134.2   subdivision, agricultural biomass includes only farm-grown 
134.3   closed-loop biomass and agricultural waste, including animal, 
134.4   poultry, and plant wastes.  For purposes of this subdivision, 
134.5   "principal fuel source" means a fuel source that satisfies at 
134.6   least 75 percent of the fuel requirements of an electric power 
134.7   generating facility.  Nothing in this subdivision is intended to 
134.8   expand the fuel source requirements of subdivision 5. 
134.9      Sec. 151.  Minnesota Statutes 2004, section 282.08, is 
134.10  amended to read: 
134.11     282.08 [APPORTIONMENT OF PROCEEDS TO TAXING DISTRICTS.] 
134.12     The net proceeds from the sale or rental of any parcel of 
134.13  forfeited land, or from the sale of products from the forfeited 
134.14  land, must be apportioned by the county auditor to the taxing 
134.15  districts interested in the land, as follows: 
134.16     (1) the amounts necessary to pay the state general tax levy 
134.17  against the parcel for taxes payable in the year for which the 
134.18  tax judgment was entered, and for each subsequent payable year 
134.19  up to and including the year of forfeiture, must be apportioned 
134.20  to the state; 
134.21     (2) the portion required to pay any amounts included in the 
134.22  appraised value under section 282.01, subdivision 3, as 
134.23  representing increased value due to any public improvement made 
134.24  after forfeiture of the parcel to the state, but not exceeding 
134.25  the amount certified by the clerk of the municipality must be 
134.26  apportioned to the municipal subdivision entitled to it; 
134.27     (3) the portion required to pay any amount included in the 
134.28  appraised value under section 282.019, subdivision 5, 
134.29  representing increased value due to response actions taken after 
134.30  forfeiture of the parcel to the state, but not exceeding the 
134.31  amount of expenses certified by the Pollution Control Agency or 
134.32  the commissioner of agriculture, must be apportioned to the 
134.33  agency or the commissioner of agriculture and deposited in the 
134.34  fund from which the expenses were paid; 
134.35     (4) the portion of the remainder required to discharge any 
134.36  special assessment chargeable against the parcel for drainage or 
135.1   other purpose whether due or deferred at the time of forfeiture, 
135.2   must be apportioned to the municipal subdivision entitled to it; 
135.3   and 
135.4      (5) any balance must be apportioned as follows: 
135.5      (i) The county board may annually by resolution set aside 
135.6   no more than 30 percent of the receipts remaining to be used for 
135.7   timber forest development on tax-forfeited land and dedicated 
135.8   memorial forests, to be expended under the supervision of the 
135.9   county board.  It must be expended only on projects approved by 
135.10  the commissioner of natural resources improving the health and 
135.11  management of the forest resource. 
135.12     (ii) The county board may annually by resolution set aside 
135.13  no more than 20 percent of the receipts remaining to be used for 
135.14  the acquisition and maintenance of county parks or recreational 
135.15  areas as defined in sections 398.31 to 398.36, to be expended 
135.16  under the supervision of the county board. 
135.17     (iii) Any balance remaining must be apportioned as 
135.18  follows:  county, 40 percent; town or city, 20 percent; and 
135.19  school district, 40 percent, provided, however, that in 
135.20  unorganized territory that portion which would have accrued to 
135.21  the township must be administered by the county board of 
135.22  commissioners. 
135.23     Sec. 152.  Minnesota Statutes 2004, section 282.38, 
135.24  subdivision 1, is amended to read: 
135.25     Subdivision 1.  [DEVELOPMENT.] In any county where the 
135.26  county board by proper resolution sets aside funds for timber 
135.27  forest development pursuant to section 282.08, 
135.28  clause (3)(a) (5), item (i), or section 459.06, subdivision 2, 
135.29  the Commission commissioner of Iron Range resources and 
135.30  rehabilitation may upon request of the county board assist said 
135.31  county in carrying out any project for the long range 
135.32  development of its timber forest resources through matching of 
135.33  funds or otherwise, provided that any such project shall first 
135.34  be approved by the commissioner of natural resources. 
135.35     Sec. 153.  Minnesota Statutes 2004, section 296A.18, 
135.36  subdivision 2, is amended to read: 
136.1      Subd. 2.  [MOTORBOAT.] Approximately 1-1/2 percent of all 
136.2   gasoline received in this state and 1-1/2 percent of all 
136.3   gasoline produced or brought into this state, except gasoline 
136.4   used for aviation purposes, is being used as fuel for the 
136.5   operation of motorboats on the waters of this state and of the 
136.6   total revenue derived from the imposition of the gasoline fuel 
136.7   tax for uses other than for aviation purposes, 1-1/2 percent of 
136.8   such revenues is the amount of tax on fuel used in motorboats 
136.9   operated on the waters of this state.  The amount of unrefunded 
136.10  tax paid on gasoline used for motor boat purposes as computed in 
136.11  this chapter shall be paid into the state treasury and credited 
136.12  to a water recreation account in the special revenue fund for 
136.13  acquisition, development, maintenance, and rehabilitation of 
136.14  sites for public access and boating facilities on public waters; 
136.15  lake and river improvement; state park development; and boat and 
136.16  water safety. 
136.17     Sec. 154.  Minnesota Statutes 2004, section 349.12, 
136.18  subdivision 25, is amended to read: 
136.19     Subd. 25.  [LAWFUL PURPOSE.] (a) "Lawful purpose" means one 
136.20  or more of the following:  
136.21     (1) any expenditure by or contribution to a 501(c)(3) or 
136.22  festival organization, as defined in subdivision 15a, provided 
136.23  that the organization and expenditure or contribution are in 
136.24  conformity with standards prescribed by the board under section 
136.25  349.154, which standards must apply to both types of 
136.26  organizations in the same manner and to the same extent; 
136.27     (2) a contribution to an individual or family suffering 
136.28  from poverty, homelessness, or physical or mental disability, 
136.29  which is used to relieve the effects of that poverty, 
136.30  homelessness, or disability; 
136.31     (3) a contribution to an individual for treatment for 
136.32  delayed posttraumatic stress syndrome or a contribution to a 
136.33  program recognized by the Minnesota Department of Human Services 
136.34  for the education, prevention, or treatment of compulsive 
136.35  gambling; 
136.36     (4) a contribution to or expenditure on a public or private 
137.1   nonprofit educational institution registered with or accredited 
137.2   by this state or any other state; 
137.3      (5) a contribution to a scholarship fund for defraying the 
137.4   cost of education to individuals where the funds are awarded 
137.5   through an open and fair selection process; 
137.6      (6) activities by an organization or a government entity 
137.7   which recognize humanitarian or military service to the United 
137.8   States, the state of Minnesota, or a community, subject to rules 
137.9   of the board, provided that the rules must not include mileage 
137.10  reimbursements in the computation of the per diem reimbursement 
137.11  limit and must impose no aggregate annual limit on the amount of 
137.12  reasonable and necessary expenditures made to support: 
137.13     (i) members of a military marching or color guard unit for 
137.14  activities conducted within the state; 
137.15     (ii) members of an organization solely for services 
137.16  performed by the members at funeral services; or 
137.17     (iii) members of military marching, color guard, or honor 
137.18  guard units may be reimbursed for participating in color guard, 
137.19  honor guard, or marching unit events within the state or states 
137.20  contiguous to Minnesota at a per participant rate of up to $35 
137.21  per diem; 
137.22     (7) recreational, community, and athletic facilities and 
137.23  activities intended primarily for persons under age 21, provided 
137.24  that such facilities and activities do not discriminate on the 
137.25  basis of gender and the organization complies with section 
137.26  349.154; 
137.27     (8) payment of local taxes authorized under this chapter, 
137.28  taxes imposed by the United States on receipts from lawful 
137.29  gambling, the taxes imposed by section 297E.02, subdivisions 1, 
137.30  4, 5, and 6, and the tax imposed on unrelated business income by 
137.31  section 290.05, subdivision 3; 
137.32     (9) payment of real estate taxes and assessments on 
137.33  permitted gambling premises wholly owned by the licensed 
137.34  organization paying the taxes, or wholly leased by a licensed 
137.35  veterans organization under a national charter recognized under 
137.36  section 501(c)(19) of the Internal Revenue Code, not to exceed: 
138.1      (i) for premises used for bingo, the amount that an 
138.2   organization may expend under board rules on rent for bingo; and 
138.3      (ii) $35,000 per year for premises used for other forms of 
138.4   lawful gambling; 
138.5      (10) a contribution to the United States, this state or any 
138.6   of its political subdivisions, or any agency or instrumentality 
138.7   thereof other than a direct contribution to a law enforcement or 
138.8   prosecutorial agency; 
138.9      (11) a contribution to or expenditure by a nonprofit 
138.10  organization which is a church or body of communicants gathered 
138.11  in common membership for mutual support and edification in 
138.12  piety, worship, or religious observances; 
138.13     (12) payment of the reasonable costs of an audit required 
138.14  in section 297E.06, subdivision 4, provided the annual audit is 
138.15  filed in a timely manner with the Department of Revenue; 
138.16     (13) a contribution to or expenditure on a wildlife 
138.17  management project that benefits the public at-large, provided 
138.18  that the state agency with authority over that wildlife 
138.19  management project approves the project before the contribution 
138.20  or expenditure is made; 
138.21     (14) expenditures, approved by the commissioner of natural 
138.22  resources, by an organization for grooming and maintaining 
138.23  snowmobile trails and all-terrain vehicle trails that are (1) 
138.24  grant-in-aid trails established under section 85.019, or (2) 
138.25  other trails open to public use, including purchase or lease of 
138.26  equipment for this purpose; projects or activities approved by 
138.27  the commissioner of natural resources for: 
138.28     (i) wildlife management projects that benefit the public at 
138.29  large; 
138.30     (ii) grant-in-aid trail maintenance and grooming 
138.31  established under sections 84.83 and 84.927 and other trails 
138.32  open to public use, including purchase or lease of equipment for 
138.33  this purpose; or 
138.34     (iii) supplies and materials for safety training and 
138.35  educational programs coordinated by the Department of Natural 
138.36  Resources, including the Enforcement Division; 
139.1      (15) (14) conducting nutritional programs, food shelves, 
139.2   and congregate dining programs primarily for persons who are age 
139.3   62 or older or disabled; 
139.4      (16) (15) a contribution to a community arts organization, 
139.5   or an expenditure to sponsor arts programs in the community, 
139.6   including but not limited to visual, literary, performing, or 
139.7   musical arts; 
139.8      (17) (16) an expenditure by a licensed veterans 
139.9   organization for payment of water, fuel for heating, 
139.10  electricity, and sewer costs for a building wholly owned or 
139.11  wholly leased by and used as the primary headquarters of the 
139.12  licensed veterans organization; 
139.13     (18) (17) expenditure by a licensed veterans organization 
139.14  of up to $5,000 in a calendar year in net costs to the 
139.15  organization for meals and other membership events, limited to 
139.16  members and spouses, held in recognition of military service.  
139.17  No more than $5,000 can be expended in total per calendar year 
139.18  under this clause by all licensed veterans organizations sharing 
139.19  the same veterans post home; or 
139.20     (19) (18) payment of fees authorized under this chapter 
139.21  imposed by the state of Minnesota to conduct lawful gambling in 
139.22  Minnesota. 
139.23     (b) Notwithstanding paragraph (a), "lawful purpose" does 
139.24  not include: 
139.25     (1) any expenditure made or incurred for the purpose of 
139.26  influencing the nomination or election of a candidate for public 
139.27  office or for the purpose of promoting or defeating a ballot 
139.28  question; 
139.29     (2) any activity intended to influence an election or a 
139.30  governmental decision-making process; 
139.31     (3) the erection, acquisition, improvement, expansion, 
139.32  repair, or maintenance of real property or capital assets owned 
139.33  or leased by an organization, unless the board has first 
139.34  specifically authorized the expenditures after finding that (i) 
139.35  the real property or capital assets will be used exclusively for 
139.36  one or more of the purposes in paragraph (a); (ii) with respect 
140.1   to expenditures for repair or maintenance only, that the 
140.2   property is or will be used extensively as a meeting place or 
140.3   event location by other nonprofit organizations or community or 
140.4   service groups and that no rental fee is charged for the use; 
140.5   (iii) with respect to expenditures, including a mortgage payment 
140.6   or other debt service payment, for erection or acquisition only, 
140.7   that the erection or acquisition is necessary to replace with a 
140.8   comparable building, a building owned by the organization and 
140.9   destroyed or made uninhabitable by fire or natural disaster, 
140.10  provided that the expenditure may be only for that part of the 
140.11  replacement cost not reimbursed by insurance; (iv) with respect 
140.12  to expenditures, including a mortgage payment or other debt 
140.13  service payment, for erection or acquisition only, that the 
140.14  erection or acquisition is necessary to replace with a 
140.15  comparable building a building owned by the organization that 
140.16  was acquired from the organization by eminent domain or sold by 
140.17  the organization to a purchaser that the organization reasonably 
140.18  believed would otherwise have acquired the building by eminent 
140.19  domain, provided that the expenditure may be only for that part 
140.20  of the replacement cost that exceeds the compensation received 
140.21  by the organization for the building being replaced; or (v) with 
140.22  respect to an expenditure to bring an existing building into 
140.23  compliance with the Americans with Disabilities Act under item 
140.24  (ii), an organization has the option to apply the amount of the 
140.25  board-approved expenditure to the erection or acquisition of a 
140.26  replacement building that is in compliance with the Americans 
140.27  with Disabilities Act; 
140.28     (4) an expenditure by an organization which is a 
140.29  contribution to a parent organization, foundation, or affiliate 
140.30  of the contributing organization, if the parent organization, 
140.31  foundation, or affiliate has provided to the contributing 
140.32  organization within one year of the contribution any money, 
140.33  grants, property, or other thing of value; 
140.34     (5) a contribution by a licensed organization to another 
140.35  licensed organization unless the board has specifically 
140.36  authorized the contribution.  The board must authorize such a 
141.1   contribution when requested to do so by the contributing 
141.2   organization unless it makes an affirmative finding that the 
141.3   contribution will not be used by the recipient organization for 
141.4   one or more of the purposes in paragraph (a); or 
141.5      (6) a contribution to a statutory or home rule charter 
141.6   city, county, or town by a licensed organization with the 
141.7   knowledge that the governmental unit intends to use the 
141.8   contribution for a pension or retirement fund. 
141.9      Sec. 155.  Minnesota Statutes 2004, section 462.357, 
141.10  subdivision 1e, is amended to read: 
141.11     Subd. 1e.  [NONCONFORMITIES.] (a) Any nonconformity, 
141.12  including the lawful use or occupation of land or premises 
141.13  existing at the time of the adoption of an additional control 
141.14  under this chapter, may be continued, including through repair, 
141.15  replacement, restoration, maintenance, or improvement, but not 
141.16  including expansion, unless: 
141.17     (1) the nonconformity or occupancy is discontinued for a 
141.18  period of more than one year; or 
141.19     (2) any nonconforming use is destroyed by fire or other 
141.20  peril to the extent of greater than 50 percent of its market 
141.21  value, and no building permit has been applied for within 180 
141.22  days of when the property is damaged.  In this case, a 
141.23  municipality may impose reasonable conditions upon a building 
141.24  permit in order to mitigate any newly created impact on adjacent 
141.25  property. 
141.26     (b) Any subsequent use or occupancy of the land or premises 
141.27  shall be a conforming use or occupancy.  A municipality may, by 
141.28  ordinance, permit an expansion or impose upon nonconformities 
141.29  reasonable regulations to prevent and abate nuisances and to 
141.30  protect the public health, welfare, or safety.  This subdivision 
141.31  does not prohibit a municipality from enforcing an ordinance 
141.32  that applies to adults-only bookstores, adults-only theaters, or 
141.33  similar adults-only businesses, as defined by ordinance. 
141.34     (c) Notwithstanding paragraph (a), a municipality shall 
141.35  regulate the repair, replacement, maintenance, improvement, or 
141.36  expansion of nonconforming uses and structures in floodplain 
142.1   areas to the extent necessary to maintain eligibility in the 
142.2   National Flood Insurance Program and not increase flood damage 
142.3   potential or increase the degree of obstruction to flood flows 
142.4   in the floodway. 
142.5      Sec. 156.  [473.1565] [METROPOLITAN AREA WATER SUPPLY 
142.6   PLANNING ACTIVITIES; ADVISORY COMMITTEE.] 
142.7      Subdivision 1.  [PLANNING ACTIVITIES.] (a) The Metropolitan 
142.8   Council must carry out planning activities addressing the water 
142.9   supply needs of the metropolitan area as defined in section 
142.10  473.121, subdivision 2.  The planning activities must include, 
142.11  at a minimum: 
142.12     (1) development and maintenance of a base of technical 
142.13  information needed for sound water supply decisions including 
142.14  surface and groundwater availability analyses, water demand 
142.15  projections, water withdrawal and use impact analyses, modeling, 
142.16  and similar studies; 
142.17     (2) development and periodic update of a metropolitan area 
142.18  master water supply plan that: 
142.19     (i) provides guidance for local water supply systems and 
142.20  future regional investments; 
142.21     (ii) emphasizes conservation, interjurisdictional 
142.22  cooperation, and long-term sustainability; and 
142.23     (iii) addresses the reliability, security, and 
142.24  cost-effectiveness of the metropolitan area water supply system 
142.25  and its local and subregional components; 
142.26     (3) recommendations for clarifying the appropriate roles 
142.27  and responsibilities of local, regional, and state government in 
142.28  metropolitan area water supply; 
142.29     (4) recommendations for streamlining and consolidating 
142.30  metropolitan area water supply decision-making and approval 
142.31  processes; and 
142.32     (5) recommendations for the ongoing and long-term funding 
142.33  of metropolitan area water supply planning activities and 
142.34  capital investments. 
142.35     (b) The council must carry out the planning activities in 
142.36  this subdivision in consultation with the metropolitan area 
143.1   water supply advisory committee established in subdivision 2. 
143.2      Subd. 2.  [ADVISORY COMMITTEE.] (a) A metropolitan area 
143.3   water supply advisory committee is established to assist the 
143.4   council in its planning activities in subdivision 1.  The 
143.5   advisory committee has the following membership: 
143.6      (1) the commissioner of agriculture or the commissioner's 
143.7   designee; 
143.8      (2) the commissioner of health or the commissioner's 
143.9   designee; 
143.10     (3) the commissioner of natural resources or the 
143.11  commissioner's designee; 
143.12     (4) the commissioner of the pollution control agency or the 
143.13  commissioner's designee; 
143.14     (5) two officials of counties that are located in the 
143.15  metropolitan area, appointed by the governor; 
143.16     (6) five officials of noncounty local governmental units 
143.17  that are located in the metropolitan area, appointed by the 
143.18  governor; and 
143.19     (7) the chair of the Metropolitan Council or the chair's 
143.20  designee, who is chair of the advisory committee. 
143.21     A local government unit in each of the seven counties in 
143.22  the metropolitan area must be represented in the seven 
143.23  appointments made under clauses (5) and (6). 
143.24     (b) Members of the advisory committee appointed by the 
143.25  governor serve at the pleasure of the governor.  Members of the 
143.26  advisory committee serve without compensation but may be 
143.27  reimbursed for their reasonable expenses as determined by the 
143.28  Metropolitan Council.  The advisory committee expires December 
143.29  31, 2007. 
143.30     (c) The council must consider the work and recommendations 
143.31  of the advisory committee when the council is preparing its 
143.32  regional development framework. 
143.33     Subd. 3.  [REPORTS TO LEGISLATURE.] The council must submit 
143.34  reports to the legislature regarding its findings, 
143.35  recommendations, and continuing planning activities under 
143.36  subdivision 1.  The first report must be submitted to the 
144.1   legislature by the date the legislature convenes in 2007 and 
144.2   subsequent reports must be submitted by such date every five 
144.3   years thereafter. 
144.4      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
144.5   following final enactment and applies in the counties of Anoka, 
144.6   Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. 
144.7      Sec. 157.  Minnesota Statutes 2004, section 473.197, 
144.8   subdivision 4, is amended to read: 
144.9      Subd. 4.  [DEBT RESERVE; LEVY.] To provide money to pay 
144.10  debt service on bonds issued under the credit enhancement 
144.11  program if pledged revenues are insufficient to pay debt service 
144.12  in repealed subdivision 1 of Minnesota Statutes 2004, section 
144.13  473.197, the council must maintain a debt reserve fund in the 
144.14  manner and with the effect provided by section 118A.04 for 
144.15  public funds until such a reserve is no longer pledged or 
144.16  otherwise needed to pay debt service on such bonds.  To provide 
144.17  funds for the debt reserve fund, the council may use up to 
144.18  $3,000,000 of the proceeds of solid waste bonds issued by the 
144.19  council under section 473.831 before its repeal.  To provide 
144.20  additional funds for the debt reserve fund, the council may levy 
144.21  a tax on all taxable property in the metropolitan area and must 
144.22  levy the tax If sums in the debt reserve fund are insufficient 
144.23  to cure any deficiency in the debt service fund established for 
144.24  the bonds, the council must levy a tax on all taxable property 
144.25  in the metropolitan area in the amount needed to cure the 
144.26  deficiency.  The tax authorized by this section does not affect 
144.27  the amount or rate of taxes that may be levied by the council 
144.28  for other purposes and is not subject to limit as to rate or 
144.29  amount. 
144.30     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
144.31  following final enactment and applies in the counties of Anoka, 
144.32  Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. 
144.33     Sec. 158.  Minnesota Statutes 2004, section 477A.12, is 
144.34  amended by adding a subdivision to read: 
144.35     Subd. 4.  [ANNUAL APPROPRIATION FOR FISCAL YEAR 2007 AND 
144.36  EACH YEAR THEREAFTER.] Notwithstanding subdivision 3, for the 
145.1   payment made in fiscal year 2007 and each year thereafter, the 
145.2   appraised value of acquired natural resources land that was 
145.3   acquired or received prior to July 1, 2004, shall be the value 
145.4   used for the payment made in fiscal year 2006. 
145.5      Sec. 159.  Minnesota Statutes 2004, section 477A.145, is 
145.6   amended to read: 
145.7      477A.145 [INFLATION ADJUSTMENT.] 
145.8      Subdivision 1.  [INFLATION ADJUSTMENT CALCULATION.] In 2001 
145.9   and each year thereafter, the amounts required to be adjusted 
145.10  for inflation in sections 477A.12 and 477A.14 shall be increased 
145.11  to an amount equal to:  (1) the amount before the inflation 
145.12  adjustment multiplied by (2) one plus the percentage increase in 
145.13  the implicit price deflator for government consumption 
145.14  expenditures and gross investment for state and local 
145.15  governments prepared by the Bureau of Economic Analysis of the 
145.16  United States Department of Commerce for the period indicated 
145.17  below:  
145.18     (i) the period starting with the first quarter of 1994 and 
145.19  ending with the third quarter of the calendar year prior to the 
145.20  year in which aid is paid, provided that lands acquired by the 
145.21  state under chapter 84A that are designated as state parks, 
145.22  state recreation areas, scientific and natural areas, or 
145.23  wildlife management areas are included in the definition of 
145.24  acquired natural resource land under section 477A.11 for 
145.25  calculating payments in calendar year 2001 and thereafter; 
145.26     (ii) otherwise the period starting with the first quarter 
145.27  of 1987 and ending with the third quarter of the calendar year 
145.28  prior to the year in which the aid is paid.  
145.29  These adjusted amounts must be rounded to the nearest one-tenth 
145.30  of a cent. 
145.31     Subd. 2.  [ADJUSTMENTS FOR FISCAL YEAR 2007 AND EACH YEAR 
145.32  THEREAFTER.] Notwithstanding subdivision 1, for the payments 
145.33  made in fiscal year 2007 and each year thereafter, the inflation 
145.34  adjustments shall be the amounts determined for the payment made 
145.35  in fiscal year 2006. 
145.36     Sec. 160.  Laws 2003, chapter 128, article 1, section 9, 
146.1   subdivision 6, is amended to read: 
146.2   Subd. 6.  Recreation                   7,622,000      5,870,000 
146.3                 Summary by Fund
146.4   Trust Fund            5,622,000     5,870,000
146.5   State Land and Conservation 
146.6   Account (LAWCON)      2,000,000
146.7   (a) State Park and Recreation Area Land 
146.8   Acquisition 
146.9   $750,000 the first year and $750,000 
146.10  the second year are from the trust fund 
146.11  to the commissioner of natural 
146.12  resources to acquire in-holdings for 
146.13  state park and recreation areas.  Land 
146.14  acquired with this appropriation must 
146.15  be sufficiently improved to meet at 
146.16  least minimum management standards as 
146.17  determined by the commissioner of 
146.18  natural resources.  This appropriation 
146.19  is available until June 30, 2006, at 
146.20  which time the project must be 
146.21  completed and final products delivered, 
146.22  unless an earlier date is specified in 
146.23  the work program. 
146.24  (b) LAWCON Federal Reimbursements 
146.25  $2,000,000 is from the state land and 
146.26  water conservation account (LAWCON) in 
146.27  the natural resources fund to the 
146.28  commissioner of natural resources for 
146.29  eligible state projects and 
146.30  administrative and planning activities 
146.31  consistent with Minnesota Statutes, 
146.32  section 116P.14, and the federal Land 
146.33  and Water Conservation Fund Act.  This 
146.34  appropriation is contingent upon 
146.35  receipt of the federal obligation and 
146.36  remains available until June 30, 2006, 
146.37  at which time the project must be 
146.38  completed and final products delivered, 
146.39  unless an earlier date is specified in 
146.40  the work program. 
146.41  (c) Local Initiative Grants-Parks and 
146.42  Natural Areas 
146.43  $1,290,000 the first year and 
146.44  $1,289,000 the second year are from the 
146.45  trust fund to the commissioner of 
146.46  natural resources for matching grants 
146.47  to local governments for acquisition 
146.48  and development of natural and scenic 
146.49  areas and local parks as provided in 
146.50  Minnesota Statutes, section 85.019, 
146.51  subdivisions 2 and 4a, and regional 
146.52  parks outside of the metropolitan 
146.53  area.  Grants may provide up to 50 
146.54  percent of the nonfederal share of the 
146.55  project cost, except nonmetropolitan 
146.56  regional park grants may provide up to 
146.57  60 percent of the nonfederal share of 
146.58  the project cost.  The commission will 
146.59  monitor the grants for approximate 
146.60  balance over extended periods of time 
146.61  between the metropolitan area, under 
147.1   Minnesota Statutes, section 473.121, 
147.2   subdivision 2, and the nonmetropolitan 
147.3   area through work program oversight and 
147.4   periodic allocation decisions.  For the 
147.5   purposes of this paragraph, the match 
147.6   must be a nonstate contribution, but 
147.7   may be either cash or qualifying 
147.8   in-kind.  Recipients may receive 
147.9   funding for more than one project in 
147.10  any given grant period.  This 
147.11  appropriation is available until June 
147.12  30, 2006, at which time the project 
147.13  must be completed and final products 
147.14  delivered. 
147.15  (d) Metropolitan Regional Parks 
147.16  Acquisition, Rehabilitation, and 
147.17  Development 
147.18  $1,670,000 the first year and 
147.19  $1,669,000 the second year are from the 
147.20  trust fund to the commissioner of 
147.21  natural resources for an agreement with 
147.22  the metropolitan council for subgrants 
147.23  for the acquisition, development, and 
147.24  rehabilitation in the metropolitan 
147.25  regional park system, consistent with 
147.26  the metropolitan council regional 
147.27  recreation open space capital 
147.28  improvement plan.  This appropriation 
147.29  may not be used for the purchase of 
147.30  residential structures.  This 
147.31  appropriation may be used to reimburse 
147.32  implementing agencies for acquisition 
147.33  of nonresidential property as expressly 
147.34  approved in the work program.  This 
147.35  appropriation is available until June 
147.36  30, 2006, at which time the project 
147.37  must be completed and final products 
147.38  delivered, unless an earlier date is 
147.39  specified in the work program.  In 
147.40  addition, if a project financed under 
147.41  this program receives a federal grant, 
147.42  the availability of the financing from 
147.43  this paragraph for that project is 
147.44  extended to equal the period of the 
147.45  federal grant. 
147.46  (e) Local and Regional Trail Grant 
147.47  Initiative Program 
147.48  $160,000 the first year and $160,000 
147.49  the second year are from the trust fund 
147.50  to the commissioner of natural 
147.51  resources to provide matching grants to 
147.52  local units of government for the cost 
147.53  of acquisition, development, 
147.54  engineering services, and enhancement 
147.55  of existing and new trail facilities.  
147.56  This appropriation is available until 
147.57  June 30, 2006, at which time the 
147.58  project must be completed and final 
147.59  products delivered, unless an earlier 
147.60  date is specified in the work program.  
147.61  In addition, if a project financed 
147.62  under this program receives a federal 
147.63  grant, the availability of the 
147.64  financing from this paragraph for that 
147.65  project is extended to equal the period 
147.66  of the federal grant.  
148.1   (f) Gitchi-Gami State Trail 
148.2   $650,000 the first year and $650,000 
148.3   the second year are from the trust fund 
148.4   to the commissioner of natural 
148.5   resources, in cooperation with the 
148.6   Gitchi-Gami Trail Association, for the 
148.7   third biennium, to design and construct 
148.8   approximately five miles of Gitchi-Gami 
148.9   state trail segments.  This 
148.10  appropriation must be matched by at 
148.11  least $400,000 of nonstate money.  The 
148.12  availability of the financing from this 
148.13  paragraph is extended to equal the 
148.14  period of any federal money received. 
148.15  (g) Water Recreation:  Boat Access, 
148.16  Fishing Piers, and Shore-fishing 
148.17  $450,000 the first year and $700,000 
148.18  the second year are from the trust fund 
148.19  to the commissioner of natural 
148.20  resources to acquire and develop public 
148.21  water access sites statewide, construct 
148.22  shore-fishing and pier sites, and 
148.23  restore shorelands at public accesses.  
148.24  This appropriation is available until 
148.25  June 30, 2006, at which time the 
148.26  project must be completed and final 
148.27  products delivered, unless an earlier 
148.28  date is specified in the work program. 
148.29  (h) Mesabi Trail 
148.30  $190,000 the first year and $190,000 
148.31  the second year are from the trust fund 
148.32  to the commissioner of natural 
148.33  resources for an agreement with St. 
148.34  Louis and Lake Counties Regional Rail 
148.35  Authority for the sixth biennium to 
148.36  acquire and develop segments of the 
148.37  Mesabi trail.  If a federal grant is 
148.38  received, the availability of the 
148.39  financing from this paragraph is 
148.40  extended to equal the period of the 
148.41  federal grant. 
148.42  (i) Linking Communities Design, 
148.43  Technology, and DNR Trail Resources 
148.44  $92,000 the first year and $92,000 the 
148.45  second year are from the trust fund to 
148.46  the commissioner of natural resources 
148.47  for an agreement with the University of 
148.48  Minnesota to provide designs for up to 
148.49  three state trails incorporating 
148.50  recreation, natural, and cultural 
148.51  features. 
148.52  (j) Ft. Ridgley Historic Site 
148.53  Interpretive Trail 
148.54  $75,000 the first year and $75,000 the 
148.55  second year are from the trust fund to 
148.56  the Minnesota historical society to 
148.57  construct a trail through the original 
148.58  fort site and install interpretive 
148.59  markers.  This appropriation is 
148.60  available until June 30, 2006, at which 
148.61  time the project must be completed and 
148.62  final products delivered, unless an 
149.1   earlier date is specified in the work 
149.2   program. 
149.3   (k) Development and Rehabilitation of 
149.4   Minnesota Shooting Ranges 
149.5   $120,000 the first year and $120,000 
149.6   the second year are from the trust fund 
149.7   to the commissioner of natural 
149.8   resources to provide technical 
149.9   assistance and matching cost-share 
149.10  grants to local recreational shooting 
149.11  and archery clubs for the purpose of 
149.12  developing or rehabilitating shooting 
149.13  and archery facilities for public use.  
149.14  Recipient facilities must be open to 
149.15  the general public at reasonable times 
149.16  and for a reasonable fee on a walk-in 
149.17  basis.  This appropriation is available 
149.18  until June 30, 2006, at which time the 
149.19  project must be completed and final 
149.20  products delivered, unless an earlier 
149.21  date is specified in the work program.  
149.22  (l) Land Acquisition, Minnesota 
149.23  Landscape Arboretum 
149.24  $175,000 the first year and $175,000 
149.25  the second year are from the trust fund 
149.26  to the University of Minnesota for an 
149.27  agreement with the University of 
149.28  Minnesota Landscape Arboretum 
149.29  Foundation for the fifth biennium to 
149.30  acquire in-holdings within the 
149.31  arboretum's boundary land from willing 
149.32  sellers.  This appropriation must be 
149.33  matched by an equal amount of nonstate 
149.34  money.  This appropriation is available 
149.35  until June 30, 2006, at which time the 
149.36  project must be completed and final 
149.37  products delivered, unless an earlier 
149.38  date is specified in the work program. 
149.39     Sec. 161.  Laws 2003, chapter 128, article 1, section 167, 
149.40  subdivision 1, is amended to read: 
149.41     Subdivision 1.  [FOREST CLASSIFICATION STATUS REVIEW.] (a) 
149.42  By December 31, 2006, the commissioner of natural resources 
149.43  shall complete a review of the forest classification status of 
149.44  all state forests classified as managed or limited, all forest 
149.45  lands under the authority of the commissioner as defined in 
149.46  Minnesota Statutes, section 89.001, subdivision 13, and lands 
149.47  managed by the commissioner under Minnesota Statutes, section 
149.48  282.011.  The review must be conducted on a forest-by-forest and 
149.49  area-by-area basis in accordance with the process and criteria 
149.50  under Minnesota Rules, part 6100.1950.  After each forest is 
149.51  reviewed, the commissioner must change its status to limited or 
149.52  closed, and must provide a similar status for each of the other 
150.1   areas subject to review under this section after each individual 
150.2   review is completed.  
150.3      (b) If the commissioner determines on January 1, 2005, that 
150.4   the review required under this section cannot be completed by 
150.5   December 31, 2006, the completion date for the review shall be 
150.6   extended to December 31, 2008.  By January 15, 2005, the 
150.7   commissioner shall report to the chairs of the legislative 
150.8   committees with jurisdiction over natural resources policy and 
150.9   finance regarding the status of the process required by this 
150.10  section.  
150.11     (c) Until December 31, 2010, the state forests and areas 
150.12  subject to review under this section are exempt from Minnesota 
150.13  Statutes, section 84.777, unless an individual forest or area 
150.14  has been classified as limited or closed. 
150.15     (d) This subdivision does not apply to forest lands north 
150.16  of U.S. Highway 2.  All forest lands under the authority of the 
150.17  commissioner as defined in Minnesota Statutes, section 89.001, 
150.18  subdivision 13, and lands managed by the commissioner under 
150.19  Minnesota Statutes, section 282.011, that are north of U.S. 
150.20  Highway 2 shall maintain their present classification unless the 
150.21  commissioner reclassifies the lands under Minnesota Rules, part 
150.22  6100.1950.  
150.23     Sec. 162.  Laws 2004, chapter 220, section 1, is amended to 
150.24  read: 
150.25     Section 1.  [ENVIRONMENTAL REVIEW; IRON NUGGET PRODUCTION 
150.26  SCALE DEMONSTRATION FACILITY EXEMPTION.] 
150.27     (a) The first iron nugget production scale demonstration 
150.28  facility that meets all of the criteria in this section shall be 
150.29  exempt from environmental review under Minnesota Statutes, 
150.30  chapter 116D and Minnesota Rules, chapter 4410.  The qualifying 
150.31  project must: 
150.32     (1) be the first iron nugget production scale demonstration 
150.33  facility in Minnesota; 
150.34     (2) involve a single rotary hearth furnace of maximum 
150.35  outside pitch circle diameter, as measured from the midpoint of 
150.36  hearth to the midpoint of hearth, of 60 meters; 
151.1      (3) be located outside the area adjacent to the north shore 
151.2   of Lake Superior classified as the lake orientation zone in the 
151.3   Department of Natural Resources report entitled "North Shore 
151.4   Characterization Study"; and 
151.5      (4) have complete permit applications submitted to the 
151.6   appropriate state agencies in calendar year 2004 by June 30, 
151.7   2005, for all permits required to construct and operate the 
151.8   facility. 
151.9      (b) The Department of Natural Resources, the Environmental 
151.10  Quality Board, the Pollution Control Agency, and any other state 
151.11  agency with applicable permit-granting authority shall provide 
151.12  public notice for any necessary permits for the iron nugget 
151.13  production scale demonstration facility within four months of 
151.14  receiving complete applications. 
151.15     (c) If the first iron nugget production scale demonstration 
151.16  facility to qualify for this exemption is proposed at a 
151.17  stationary source that has permitted taconite pellet furnaces, 
151.18  permanent shutdown of those pellet furnaces, prior to start-up 
151.19  of the iron nugget production scale demonstration facility, 
151.20  shall be a requirement in the iron nugget production scale 
151.21  demonstration facility air quality permit.  The shutdown of 
151.22  these furnaces shall not be creditable in calculating the "net 
151.23  emissions increase," as defined in Code of Federal Regulations, 
151.24  title 40, section 52.21, for this project. 
151.25     (d) The Pollution Control Agency shall strive in the 
151.26  permitting process to assure the lowest mercury emissions 
151.27  reasonably possible. 
151.28     (e) Permit applications must comply with applicable law, 
151.29  except that an iron nugget production scale demonstration 
151.30  facility that meets the criteria in this section is exempt from 
151.31  environmental review under Minnesota Statutes, chapter 116D and 
151.32  Minnesota Rules, chapter 4410, and the company is not required 
151.33  to perform an environmental review before permits are issued for 
151.34  the iron nugget production scale demonstration facility.  
151.35     (f) The construction and operation of the iron nugget 
151.36  production scale demonstration facility will demonstrate whether 
152.1   the technology is technically and economically feasible at this 
152.2   larger scale.  Environmental data from the operation of the iron 
152.3   nugget production scale demonstration facility may be used in 
152.4   the environmental review and permitting of commercial scale 
152.5   facilities built elsewhere in Minnesota. 
152.6      (g) The exemption does not affect any existing permit 
152.7   requirement that may require environmental review for a 
152.8   commercial scale iron nugget facility at an existing taconite 
152.9   facility located within the area adjacent to the north shore of 
152.10  Lake Superior classified as the lake orientation zone in the 
152.11  Department of Natural Resources report entitled "North Shore 
152.12  Characterization Study." 
152.13     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
152.14  following final enactment. 
152.15     Sec. 163.  [CONTINUATION OF AGREEMENTS.] 
152.16     An agreement entered into between the Metropolitan Council 
152.17  and a participant in the credit enhancement program under 
152.18  Minnesota Statutes 2004, section 473.197, subdivision 5, with 
152.19  respect to bonds issued prior to the effective date of this 
152.20  section, shall continue in effect in accordance with its terms; 
152.21  provided that no provision in such agreement shall be construed 
152.22  to require or allow the council to pledge its full faith and 
152.23  credit and taxing powers to the payment of additional bonds 
152.24  issued after the effective date of this section. 
152.25     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
152.26  following final enactment and applies in the counties of Anoka, 
152.27  Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. 
152.28     Sec. 164.  [USE OF CREDIT ENHANCEMENT PROGRAM FUNDS.] 
152.29     The Metropolitan Council must transfer any funds 
152.30  originating from the proceeds of solid waste bonds and available 
152.31  for the credit enhancement program under Minnesota Statutes 
152.32  2004, section 473.197, subdivision 4, to the council's general 
152.33  fund to the extent such funds are no longer pledged or otherwise 
152.34  needed by the council to maintain a debt reserve fund as 
152.35  provided for in ongoing Minnesota Statutes, section 473.197, 
152.36  subdivision 4.  The council must first use the transferred funds 
153.1   for carrying out the metropolitan area water supply planning 
153.2   activities required by Minnesota Statutes, section 473.1565, for 
153.3   staff support of the advisory committee established under that 
153.4   section, and for related purposes.  If the council determines 
153.5   that the transferred funds are no longer needed for such 
153.6   purposes, the council may use any such funds for any general 
153.7   purposes of the council. 
153.8      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
153.9   following final enactment and applies in the counties of Anoka, 
153.10  Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. 
153.11     Sec. 165.  [REQUIRED RULEMAKING.] 
153.12     (a) The commissioner of natural resources shall amend 
153.13  Minnesota Rules, part 6232.0300, subpart 7, to permit an 
153.14  individual to operate an all-terrain vehicle on privately owned 
153.15  land in an area open to taking deer by firearms during the legal 
153.16  shooting hours of the deer season, regardless of whether the 
153.17  individual is licensed to take deer on the day of operation, if 
153.18  the individual is: 
153.19     (1) pursuing an occupation when operating the all-terrain 
153.20  vehicle; 
153.21     (2) not in possession of a firearm; and 
153.22     (3) the owner of the land on which the all-terrain vehicle 
153.23  is operated, an employee of the land owner, or an immediate 
153.24  family member of the land owner. 
153.25     (b) The commissioner may use the good cause exemption under 
153.26  Minnesota Statutes, section 14.388, subdivision 1, clause (3), 
153.27  in amending the rule under paragraph (a).  Minnesota Statutes, 
153.28  section 14.386, does not apply, except to the extent provided 
153.29  under Minnesota Statutes, section 14.388. 
153.30     Sec. 166.  [INITIAL CITIZEN APPOINTMENTS.] 
153.31     The governor shall make the initial appointments of citizen 
153.32  members to the Minnesota Conservation Heritage Council according 
153.33  to the following schedule of terms: 
153.34     (1) the chair to serve a full six-year term; 
153.35     (2) three members to serve five-year terms; 
153.36     (3) three members to serve four-year terms; 
154.1      (4) two members to serve three-year terms; and 
154.2      (5) two members to serve two-year terms. 
154.3      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
154.4   following final enactment. 
154.5      Sec. 167.  [TRANSITION.] 
154.6      (a) The staff of the Legislative Commission on Minnesota 
154.7   Resources shall provide administrative and technical assistance 
154.8   to the council. 
154.9      (b) Administrative expenses saved through the elimination 
154.10  of the Citizens Advisory Committee shall be used for the 
154.11  administrative expenses of the council or other citizen advisory 
154.12  committees created by the council. 
154.13     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
154.14  following final enactment. 
154.15     Sec. 168.  [CONFORMING CHANGES; RULES.] 
154.16     The commissioner may use the good cause exemption under 
154.17  Minnesota Statutes, section 14.388, subdivision 1, clause (3), 
154.18  to amend rules to conform to Minnesota Statutes, sections 
154.19  97C.327 and 97C.395, subdivision 1, as amended in this article.  
154.20  Minnesota Statutes, section 14.386, does not apply to the 
154.21  rulemaking under this section except to the extent provided 
154.22  under Minnesota Statutes, section 14.388. 
154.23     Sec. 169.  [GROOMING RATES AND MAINTENANCE REIMBURSEMENTS.] 
154.24     The commissioner of natural resources must work with trail 
154.25  providers to increase grooming rates and maintenance 
154.26  reimbursements, consistent with funding appropriated by the 
154.27  legislature, for grants provided under Minnesota Statutes, 
154.28  section 84.83. 
154.29     Sec. 170.  [REPEALERS.] 
154.30     Subdivision 1.  [STATE PARK PERMIT EXEMPTIONS.] Minnesota 
154.31  Statutes 2004, section 85.054, subdivision 1, is repealed. 
154.32     Subd. 2.  [OFF-HIGHWAY VEHICLE SAFETY AND CONSERVATION 
154.33  PROGRAM.] Minnesota Statutes 2004, section 84.901, is repealed. 
154.34     Subd. 3.  [MINNESOTA RESOURCES.] Minnesota Statutes 2004, 
154.35  sections 116P.02, subdivisions 2 and 4; 116P.05; 116P.06; and 
154.36  116P.08, subdivision 4, are repealed. 
155.1      Subd. 4.  [METROPOLITAN COUNCIL.] Minnesota Statutes 2004, 
155.2   sections 473.156; and 473.197, subdivisions 1, 2, 3, and 5, are 
155.3   repealed. 
155.4      Subd. 5.  [STATE LANDS.] Minnesota Statutes 2004, sections 
155.5   94.343, subdivision 6; 94.344, subdivision 6; 94.348; and 
155.6   94.349, are repealed. 
155.7      <b>[EFFECTIVE DATE.]</b> Subdivision 4 is effective the day 
155.8   following final enactment and applies in the counties of Anoka, 
155.9   Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. 
155.10                             ARTICLE 2 
155.11                  OPTION A FROM HOUSE RESOLUTION 8 
155.12  Section 1.  [ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.] 
155.13     These amounts are in adjustments to the appropriations in 
155.14  article 1 and are only effective if the house of representatives 
155.15  fails to pass H.F. 1664.  The sums shown in the columns marked 
155.16  "APPROPRIATIONS" are appropriated from the general fund, or 
155.17  another named fund, to the agencies and for the purposes 
155.18  specified in this article, to be available for the fiscal years 
155.19  indicated for each purpose.  The figures "2006" and "2007," 
155.20  where used in this article, mean that the appropriation or 
155.21  appropriations listed under them are available for the year 
155.22  ending June 30, 2006, or June 30, 2007, respectively.  The term 
155.23  "first year" means the fiscal year ending June 30, 2006, and the 
155.24  term "second year" means the fiscal year ending June 30, 2007.  
155.25                                             APPROPRIATIONS 
155.26                                         Available for the Year 
155.27                                             Ending June 30 
155.28                                            2006         2007 
155.29  Sec. 2.  Department of
155.30  Environmental Protection                (500,000)      (500,000)
155.31  Sec. 3.  Natural Resources    
155.32  Department                            (3,810,000)    (3,810,000)
155.33  $161,000 the first year and $161,000 
155.34  the second year are from the general 
155.35  fund for the reinvest in Minnesota 
155.36  wildlife program.  
155.37  $50,000 the first year and $50,000 the 
155.38  second year are from the general fund 
155.39  for the reinvest in Minnesota fisheries 
155.40  program. 
155.41  $135,000 the first year and $134,000 
155.42  the second year are from the general 
156.1   fund for the reinvest in Minnesota 
156.2   ecological services program. 
156.3   Sec. 4.  Minnesota Conservation
156.4   Corps                                   (350,000)      (350,000)
156.5   Sec. 5.  Water and Soil
156.6   Resources Board                         (705,000)      (705,000)
156.7   Of this amount ($105,000) each year is 
156.8   a reduction to the Area 2 grant. 
156.9   Sec. 6.  Metropolitan 
156.10  Council                                 (300,000)      (300,000)
156.11  Sec. 7.  Science
156.12  Museum                                   (35,000)       (35,000)
156.13                             ARTICLE 3 
156.14                    ENVIRONMENTAL REORGANIZATION 
156.15     Section 1.  Minnesota Statutes 2004, section 15.01, is 
156.16  amended to read: 
156.17     15.01 [DEPARTMENTS OF THE STATE.] 
156.18     The following agencies are designated as the departments of 
156.19  the state government:  the Department of Administration; the 
156.20  Department of Agriculture; the Department of Commerce; the 
156.21  Department of Corrections; the Department of Education; the 
156.22  Department of Employment and Economic Development; the 
156.23  Department of Environmental Protection; the Department of 
156.24  Finance; the Department of Health; the Department of Human 
156.25  Rights; the Department of Labor and Industry; the Department of 
156.26  Military Affairs; the Department of Natural Resources; the 
156.27  Department of Employee Relations; the Department of Public 
156.28  Safety; the Department of Human Services; the Department of 
156.29  Revenue; the Department of Transportation; the Department of 
156.30  Veterans Affairs; and their successor departments. 
156.31     Sec. 2.  Minnesota Statutes 2004, section 115A.06, 
156.32  subdivision 5, is amended to read: 
156.33     Subd. 5.  [RIGHT OF ACCESS.] Whenever the office or the 
156.34  director acting on behalf of the office commissioner deems it 
156.35  necessary to the accomplishment of its department purposes, the 
156.36  office commissioner or any member, employee, or agent thereof of 
156.37  the department, when authorized by it or the director 
156.38  commissioner, may enter upon any property, public or private, 
156.39  for the purpose of obtaining information or conducting surveys 
157.1   or investigations, provided that the entrance and activity is 
157.2   undertaken after reasonable notice and during normal business 
157.3   hours and provided that compensation is made for any damages to 
157.4   the property caused by the entrance and activity.  The office 
157.5   commissioner may pay a reasonable estimate of the damages it the 
157.6   commissioner believes will be caused by the entrance and 
157.7   activity before entering any property. 
157.8      Sec. 3.  Minnesota Statutes 2004, section 115A.07, 
157.9   subdivision 1, is amended to read: 
157.10     Subdivision 1.  [INTERAGENCY COORDINATION.] The director 
157.11  commissioner shall inform the commissioner of employment and 
157.12  economic development of the office's department's activities, 
157.13  solicit the advice and recommendations of the agency, and 
157.14  coordinate its work with the regulatory and enforcement 
157.15  activities of the agency. 
157.16     Sec. 4.  Minnesota Statutes 2004, section 115A.15, 
157.17  subdivision 7, is amended to read: 
157.18     Subd. 7.  [WASTE REDUCTION PROCUREMENT MODEL.] To reduce 
157.19  the amount of solid waste generated by the state and to provide 
157.20  a model for other public and private procurement systems, the 
157.21  commissioner, in cooperation with the director of the Office of 
157.22  Waste Management, shall develop continue to implement waste 
157.23  reduction procurement programs, including an expanded life cycle 
157.24  costing system for procurement of durable and repairable 
157.25  items by November 1, 1991.  On implementation of the model 
157.26  procurement system, The commissioner, in cooperation with the 
157.27  director, shall develop and distribute informational materials 
157.28  for the purpose of promoting the procurement model to other 
157.29  public and private entities under section 115A.072, subdivision 
157.30  4. 
157.31     Sec. 5.  Minnesota Statutes 2004, section 115A.38, 
157.32  subdivision 1, is amended to read: 
157.33     Subdivision 1.  [REPORTS TO LEGISLATIVE COMMISSION 
157.34  COMMITTEES.] At least 30 days before making a final decision 
157.35  under section 115A.37 in a review brought pursuant to section 
157.36  115A.33, clause (d), the chair of the board commissioner may 
158.1   report to the legislative commission committees with 
158.2   jurisdiction over environment and natural resources policy and 
158.3   finance describing permit conditions or requirements being 
158.4   considered which are not within the existing authority of 
158.5   the agency or the board department or which would require 
158.6   legislation or public financial assistance.  In any such report 
158.7   the chair of the board commissioner may request intervention in 
158.8   the review pursuant to subdivisions 2 and 3. 
158.9      Sec. 6.  [116.012] [DEPARTMENT OF ENVIRONMENTAL PROTECTION; 
158.10  CREATION AND POWERS.] 
158.11     The Department of Environmental Protection is created.  The 
158.12  responsibilities of the Office of Environmental Assistance and 
158.13  the Pollution Control Agency are transferred to the Department 
158.14  of Environmental Protection under section 15.039.  The offices 
158.15  of commissioner and members of the Environmental Protection 
158.16  Board are continuations of those offices in the Pollution 
158.17  Control Agency.  In addition to the provisions of section 
158.18  15.039, no employee in the classified service shall suffer job 
158.19  loss, have a salary reduced, or have employment benefits reduced 
158.20  as a result of the reorganization in this act. 
158.21     Sec. 7.  Minnesota Statutes 2004, section 116.03, 
158.22  subdivision 1, is amended to read: 
158.23     Subdivision 1.  [OFFICE.] (a) The office of commissioner of 
158.24  the Pollution Control Agency environmental protection is created 
158.25  and is under the supervision and control of the commissioner, 
158.26  who.  The commissioner is the chief executive officer of the 
158.27  department and is appointed by the governor under the provisions 
158.28  of section 15.06. 
158.29     (b) The commissioner may appoint a deputy commissioner and 
158.30  assistant commissioners who shall be in the unclassified service.
158.31     (c) The commissioner shall make all decisions on behalf of 
158.32  the agency department that are not required to be made by the 
158.33  agency board under section 116.02.  
158.34     Sec. 8.  Minnesota Statutes 2004, section 116.07, 
158.35  subdivision 4b, is amended to read: 
158.36     Subd. 4b.  [PERMITS; HAZARDOUS WASTE FACILITIES.] (a) The 
159.1   agency shall provide to the Office of Environmental Assistance 
159.2   established in section 115A.055, copies of each permit 
159.3   application for a hazardous waste facility immediately upon its 
159.4   submittal to the agency.  The agency shall request 
159.5   recommendations on each permit application from the office and 
159.6   shall consult with the office on the agency's intended 
159.7   disposition of the recommendations.  Except as otherwise 
159.8   provided in sections 115A.18 to 115A.30, the agency department 
159.9   shall commence any environmental review required under chapter 
159.10  116D within 120 days of its acceptance of a completed permit 
159.11  application.  The agency department shall respond to a permit 
159.12  application for a hazardous waste facility within 120 days 
159.13  following a decision not to prepare environmental documents or 
159.14  following the acceptance of a negative declaration notice or an 
159.15  environmental impact statement.  Except as otherwise provided in 
159.16  sections 115A.18 to 115A.30, within 60 days following the 
159.17  submission of a final permit application for a hazardous waste 
159.18  facility, unless a time extension is agreed to by the applicant, 
159.19  the agency department shall issue or deny all permits needed for 
159.20  the construction of the proposed facility.  
159.21     (b) The agency department shall promulgate rules pursuant 
159.22  to chapter 14 for all hazardous waste facilities.  The rules 
159.23  shall require: 
159.24     (1) contingency plans for all hazardous waste facilities 
159.25  which provide for effective containment and control in any 
159.26  emergency condition; 
159.27     (2) the establishment of a mechanism to assure that money 
159.28  to cover the costs of closure and postclosure monitoring and 
159.29  maintenance of hazardous waste facilities will be available; 
159.30     (3) the maintenance of liability insurance by the owner or 
159.31  operator of hazardous waste facilities during the operating life 
159.32  of the facility. 
159.33     Sec. 9.  Minnesota Statutes 2004, section 297H.13, 
159.34  subdivision 2, is amended to read: 
159.35     Subd. 2.  [ALLOCATION OF REVENUES.] (a) 
159.36  $22,000,000 $33,760,000, or 50 70 percent, whichever is greater, 
160.1   of the amounts remitted under this chapter must be credited to 
160.2   the environmental fund established in section 16A.531, 
160.3   subdivision 1. 
160.4      (b) The remainder must be deposited into the general fund. 
160.5      Sec. 10.  Minnesota Statutes 2004, section 473.846, is 
160.6   amended to read: 
160.7      473.846 [REPORT TO LEGISLATURE.] 
160.8      The agency and the director commissioner shall submit to 
160.9   the senate Finance Committee, the house Ways and Means 
160.10  Committee, and the Environment and Natural Resources Committees 
160.11  of the senate and house of representatives, the Finance Division 
160.12  of the senate Committee on committees with jurisdiction over 
160.13  environment and natural resources, and the house of 
160.14  representatives Committee on Environment and Natural 
160.15  Resources policy and finance separate reports describing the 
160.16  activities for which money for landfill abatement has been spent 
160.17  under sections 473.844 and 473.845.  The agency commissioner 
160.18  shall report by November 1 of each year on expenditures during 
160.19  its previous fiscal year.  The director shall report on 
160.20  expenditures during the previous calendar year and must 
160.21  incorporate its report in the report required by section 
160.22  115A.411, due July 1 of each odd-numbered year.  The 
160.23  director commissioner shall make recommendations to the 
160.24  Environment and Natural Resources legislative committees of the 
160.25  senate and house of representatives, the Finance Division of the 
160.26  senate Committee on Environment and Natural Resources, and the 
160.27  house of representatives Committee on Environment and Natural 
160.28  Resources Finance on the future management and use of the 
160.29  metropolitan landfill abatement account. 
160.30     Sec. 11.  [REVISOR'S INSTRUCTION.] 
160.31     Except as otherwise provided in this article, the revisor 
160.32  shall make the following changes, with appropriate grammatical 
160.33  corrections, in Minnesota Statutes and Minnesota Rules: 
160.34     (1) delete references to the Pollution Control Agency or 
160.35  its commissioner or the Office of Environmental Assistance or 
160.36  its director and insert references to the Department of 
161.1   Environmental Protection or its commissioner; 
161.2      (2) delete references to the Pollution Control Agency where 
161.3   it means the Pollution Control Agency Board and insert 
161.4   references to the board; 
161.5      (3) delete language that is made superfluous by the merger 
161.6   of the agency and the office; 
161.7      (4) in Minnesota Statutes, chapters 115A to 116, delete 
161.8   references to obsolete names of committees in the senate and 
161.9   house of representatives and insert generic references to 
161.10  committees with jurisdiction over the specified areas of 
161.11  governance; and 
161.12     (5) in Minnesota Statutes, chapters 115A to 116, delete 
161.13  obsolete references to reports required to be submitted to the 
161.14  legislature. 
161.15     Sec. 12.  [REPEALER.] 
161.16     Minnesota Statutes 2004, sections 115A.03, subdivisions 8a 
161.17  and 22a; 115A.055, subdivision 1; 115A.158, subdivision 3; 
161.18  115D.03, subdivision 4; 116.02, subdivision 5; 116.04; and 
161.19  473.801, subdivision 6, are repealed. 
161.20                             ARTICLE 4 
161.21                         CLEAN WATER LEGACY 
161.22     Section 1.  [114D.05] [CITATION.] 
161.23     This chapter may be cited as the "Clean Water Legacy Act." 
161.24     Sec. 2.  [114D.10] [LEGISLATIVE PURPOSE.] 
161.25     The purpose of the Clean Water Legacy Act is to restore, 
161.26  protect, and preserve the quality of Minnesota's surface waters 
161.27  by providing authority, direction, and resources to restore and 
161.28  maintain water quality standards for surface waters as required 
161.29  by section 303(d) of the federal Clean Water Act, United States 
161.30  Code, title 42, section 1313(d), and applicable federal 
161.31  regulations. 
161.32     Sec. 3.  [114D.15] [DEFINITIONS.] 
161.33     Subdivision 1.  [APPLICATION.] The definitions provided in 
161.34  this section apply to the terms used in this chapter. 
161.35     Subd. 2.  [CITIZEN MONITORING.] "Citizen monitoring" means 
161.36  monitoring of surface water quality by individuals and 
162.1   nongovernmental organizations that is consistent with Pollution 
162.2   Control Agency guidance on monitoring procedures, quality 
162.3   assurance protocols, and data management. 
162.4      Subd. 3.  [CLEAN WATER COUNCIL.] "Clean Water Council" or 
162.5   "council" means the Clean Water Council created pursuant to 
162.6   section 114D.30, subdivision 1. 
162.7      Subd. 4.  [FEDERAL TMDL REQUIREMENTS.] "Federal TMDL 
162.8   requirements" means the requirements of section 303(d) of the 
162.9   Clean Water Act, United States Code, title 42, section 1313(d), 
162.10  and associated regulations and guidance. 
162.11     Subd. 5.  [IMPAIRED WATER.] "Impaired water" means surface 
162.12  water that does not meet applicable water quality standards. 
162.13     Subd. 6.  [PUBLIC AGENCIES.] "Public agencies" means all 
162.14  state agencies, political subdivisions, joint powers 
162.15  organizations, and special purpose units of government with 
162.16  authority, responsibility, or expertise in protecting, 
162.17  restoring, or preserving the quality of surface waters, managing 
162.18  or planning for surface waters and related lands, or financing 
162.19  waters-related projects.  "Public agencies" also includes the 
162.20  University of Minnesota and other public education institutions. 
162.21     Subd. 7.  [RESTORATION.] "Restoration" means actions, 
162.22  including effectiveness monitoring, that are taken to restore 
162.23  and maintain water quality standards for impaired waters in 
162.24  accordance with a TMDL that has been approved by the United 
162.25  States Environmental Protection Agency under federal TMDL 
162.26  requirements. 
162.27     Subd. 8.  [SURFACE WATERS.] "Surface waters" means waters 
162.28  of the state as defined in section 115.01, subdivision 22, 
162.29  excluding groundwater as defined in section 115.01, subdivision 
162.30  6. 
162.31     Subd. 9.  [THIRD-PARTY TMDL.] "Third-party TMDL" means a 
162.32  TMDL that is developed in whole or in part cooperatively between 
162.33  representatives from local units of government where the TMDL is 
162.34  being completed and a qualified public or private nonprofit 
162.35  entity other than the Pollution Control Agency consistent with 
162.36  the goals, policies, and priorities in section 114D.20. 
163.1      Subd. 10.  [TOTAL MAXIMUM DAILY LOAD OR TMDL.] "Total 
163.2   maximum daily load" or "TMDL" means a calculation of the maximum 
163.3   amount of a pollutant that may be introduced into a surface 
163.4   water and still ensure that applicable water quality standards 
163.5   for that water are restored and maintained.  A TMDL is the sum 
163.6   of the pollutant load allocations for all sources of the 
163.7   pollutant, including a wasteload allocation for point sources, a 
163.8   load allocation for nonpoint sources and natural background, an 
163.9   allocation for future growth of point and nonpoint sources, and 
163.10  a margin of safety to account for uncertainty about the 
163.11  relationship between pollutant loads and the quality of the 
163.12  receiving surface water.  "Natural background" means 
163.13  characteristics of the water body resulting from the 
163.14  multiplicity of factors in nature, including climate and 
163.15  ecosystem dynamics, that affect the physical, chemical, or 
163.16  biological conditions in a water body, but does not include 
163.17  measurable and distinguishable pollution that is attributable to 
163.18  human activity or influence.  A TMDL must take into account 
163.19  seasonal variations. 
163.20     Subd. 11.  [WATER QUALITY STANDARDS.] "Water quality 
163.21  standards" for Minnesota surface waters are found in Minnesota 
163.22  Rules, chapters 7050 and 7052. 
163.23     Sec. 4.  [114D.20] [IMPLEMENTATION; COORDINATION; GOALS; 
163.24  POLICIES; AND PRIORITIES.] 
163.25     Subdivision 1.  [COORDINATION AND COOPERATION.] In 
163.26  implementing this chapter, public agencies and private entities 
163.27  shall take into consideration the relevant provisions of local 
163.28  and other applicable water management, conservation, land use, 
163.29  land management, and development plans and programs.  Public 
163.30  agencies with authority for local water management, 
163.31  conservation, land use, land management, and development plans 
163.32  shall take into consideration the manner in which their plans 
163.33  affect the implementation of this chapter.  Public agencies 
163.34  shall identify opportunities to participate and assist in the 
163.35  successful implementation of this chapter, including the funding 
163.36  or technical assistance needs, if any, that may be necessary.  
164.1   In implementing this chapter, public agencies shall endeavor to 
164.2   engage the cooperation of organizations and individuals whose 
164.3   activities affect the quality of surface waters, including point 
164.4   and nonpoint sources of pollution, and who have authority and 
164.5   responsibility for water management, planning, and protection.  
164.6   To the extent practicable, public agencies shall endeavor to 
164.7   enter into formal and informal agreements and arrangements with 
164.8   federal agencies and departments to jointly utilize staff and 
164.9   resources to deliver programs or conduct activities to achieve 
164.10  the intent of this chapter, including efforts under the federal 
164.11  Clean Water Act and other federal farm and soil and water 
164.12  conservation programs. 
164.13     Subd. 2.  [GOALS FOR IMPLEMENTATION.] The following goals 
164.14  must guide the implementation of this chapter: 
164.15     (1) to identify impaired waters in accordance with federal 
164.16  TMDL requirements within ten years after the effective date of 
164.17  this section and thereafter to ensure continuing evaluation of 
164.18  surface waters for impairments; 
164.19     (2) to submit TMDL's to the United States Environmental 
164.20  Protection Agency for all impaired waters in a timely manner in 
164.21  accordance with federal TMDL requirements; 
164.22     (3) to set a reasonable time for implementing restoration 
164.23  of each identified impaired water; 
164.24     (4) to provide assistance and incentives to prevent waters 
164.25  from becoming impaired and to improve the quality of waters 
164.26  which are listed as impaired but have no approved TMDL 
164.27  addressing the impairment; and 
164.28     (5) to promptly seek the delisting of waters from the 
164.29  impaired waters list when those waters are shown to achieve the 
164.30  designated uses applicable to the waters. 
164.31     Subd. 3.  [IMPLEMENTATION POLICIES.] The following policies 
164.32  must guide the implementation of this chapter: 
164.33     (1) develop regional and watershed TMDL's, and TMDL's for 
164.34  multiple pollutants, where reasonable and feasible; 
164.35     (2) maximize use of available organizational, technical, 
164.36  and financial resources to perform sampling, monitoring, and 
165.1   other activities to identify impaired waters, including use of 
165.2   citizen monitoring; 
165.3      (3) maximize opportunities for restoration of impaired 
165.4   waters, by prioritizing and targeting of available programmatic, 
165.5   financial, and technical resources and by providing additional 
165.6   state resources to complement and leverage available resources; 
165.7      (4) use existing regulatory authorities to achieve 
165.8   restoration for point and nonpoint sources of pollution where 
165.9   applicable, and promote the development and use of effective 
165.10  nonregulatory measures to address pollution sources for which 
165.11  regulations are not applicable; 
165.12     (5) use restoration methods that have a demonstrated 
165.13  effectiveness in reducing impairments and provide the greatest 
165.14  long-term positive impact on water quality protection and 
165.15  improvement while incorporating innovative approaches on a 
165.16  case-by-case basis; 
165.17     (6) identify for the legislature any innovative approaches 
165.18  that may strengthen or complement existing programs; and 
165.19     (7) identify and encourage implementation of measures to 
165.20  prevent waters from becoming impaired and to improve the quality 
165.21  of waters that are listed as impaired but have no approved TMDL 
165.22  addressing the impairment. 
165.23     Subd. 4.  [PRIORITIES FOR IDENTIFYING IMPAIRED WATERS.] The 
165.24  Pollution Control Agency, in accordance with federal TMDL 
165.25  requirements, shall set priorities for identifying impaired 
165.26  waters, giving consideration to: 
165.27     (1) waters where impairments would pose the greatest 
165.28  potential risk to human or aquatic health; and 
165.29     (2) waters where data developed through public agency or 
165.30  citizen monitoring or other means provides evidence that an 
165.31  impaired condition exists. 
165.32     Subd. 5.  [PRIORITIES FOR PREPARATION OF TMDL'S.] The Clean 
165.33  Water Council shall recommend priorities for scheduling and 
165.34  preparing TMDL's taking into account the severity of the 
165.35  impairment, the designated uses of those waters, and other 
165.36  applicable federal TMDL requirements.  In recommending 
166.1   priorities, the council shall also give consideration to waters 
166.2   and watersheds: 
166.3      (1) with impairments that pose the greatest potential risk 
166.4   to human health; 
166.5      (2) with impairments that pose the greatest potential risk 
166.6   to aquatic health; 
166.7      (3) where other public agencies and participating 
166.8   organizations and individuals, especially local, basinwide, or 
166.9   regional agencies or organizations, have demonstrated readiness 
166.10  to assist in carrying out the responsibilities, including 
166.11  availability and organization of human, technical, and financial 
166.12  resources necessary to undertake the work; and 
166.13     (4) where there is demonstrated coordination and 
166.14  cooperation among cities, counties, watershed districts, and 
166.15  soil and water conservation districts in planning and 
166.16  implementation of activities that will assist in carrying out 
166.17  the responsibilities. 
166.18     Subd. 6.  [PRIORITIES FOR RESTORATION OF IMPAIRED 
166.19  WATERS.] In implementing restoration of impaired waters, in 
166.20  addition to the priority considerations in subdivision 5, the 
166.21  Clean Water Council shall give priority in its recommendations 
166.22  for restoration funding from the clean water legacy account to 
166.23  restoration projects that: 
166.24     (1) coordinate with and utilize existing local authorities 
166.25  and infrastructure for implementation; 
166.26     (2) can be implemented in whole or in part by providing 
166.27  support for existing or ongoing restoration efforts; and 
166.28     (3) most effectively leverage other sources of restoration 
166.29  funding, including federal, state, local, and private sources of 
166.30  funds; and 
166.31     (4) show a high potential for early restoration and 
166.32  delisting based upon data developed through public agency or 
166.33  citizen monitoring or other means. 
166.34     Subd. 7.  [PRIORITIES FOR FUNDING PREVENTION ACTIONS.] The 
166.35  Clean Water Council shall apply the priorities applicable under 
166.36  subdivision 6, as far as practicable, when recommending 
167.1   priorities for funding actions to prevent waters from becoming 
167.2   impaired and to improve the quality of waters which are listed 
167.3   as impaired but have no approved TMDL. 
167.4      Sec. 5.  [114D.25] [ADMINISTRATION; POLLUTION CONTROL 
167.5   AGENCY.] 
167.6      Subdivision 1.  [GENERAL DUTIES AND AUTHORITIES.] (a) The 
167.7   Pollution Control Agency, in accordance with federal TMDL 
167.8   requirements, shall identify impaired waters and propose a list 
167.9   of the waters for review and approval by the United States 
167.10  Environmental Protection Agency, develop and approve TMDL's for 
167.11  listed impaired waters and submit the approved TMDL's to the 
167.12  United States Environmental Protection Agency for final 
167.13  approval, and propose to delist waters from the Environmental 
167.14  Protection Agency impaired waters list. 
167.15     (b) A TMDL must include a statement of the facts and 
167.16  scientific data supporting the TMDL and a list of potential 
167.17  implementation options, including a range of estimates of the 
167.18  cost of implementation and individual wasteload data for any 
167.19  point sources addressed by the TMDL.  
167.20     (c) The implementation information need not be sent to the 
167.21  United States Environmental Protection Agency for review and 
167.22  approval. 
167.23     Subd. 2.  [ADMINISTRATIVE PROCEDURES FOR TMDL 
167.24  APPROVAL.] The approval of a TMDL by the Pollution Control 
167.25  Agency is a final decision of the agency for purposes of section 
167.26  115.05, and is subject to the contested case procedures of 
167.27  sections 14.57 to 14.62 in accordance with agency procedural 
167.28  rules.  The agency shall not submit an approved TMDL to the 
167.29  United States Environmental Protection Agency until the time for 
167.30  commencing judicial review has run or the judicial review 
167.31  process has been completed.  A TMDL is not subject to the 
167.32  rulemaking requirements of chapter 14, including section 14.386. 
167.33     Subd. 3.  [TMDL SUBMITTAL REQUIREMENT.] Before submitting a 
167.34  TMDL to the United States Environmental Protection Agency, the 
167.35  Pollution Control Agency shall comply with the notice and 
167.36  procedure requirements of this section.  If a contested case 
168.1   proceeding is not required for a proposed TMDL, the agency may 
168.2   submit the TMDL to the United States Environmental Protection 
168.3   Agency no earlier than 30 days after the notice required in 
168.4   subdivision 4.  If a contested case proceeding is required for a 
168.5   TMDL, the TMDL may be submitted to the United States 
168.6   Environmental Protection Agency after the contested case 
168.7   proceeding and appeal process is completed. 
168.8      Subd. 4.  [TMDL NOTICE; CONTENTS.] The Pollution Control 
168.9   Agency shall give notice of its intention to submit a TMDL to 
168.10  the United States Environmental Protection Agency.  The notice 
168.11  must be given by publication in the State Register and by United 
168.12  States mail to persons who have registered their names with the 
168.13  agency.  The notice must include either a copy of the proposed 
168.14  TMDL or an easily readable and understandable description of its 
168.15  nature and effect and an announcement of how free access to the 
168.16  proposed TMDL can be obtained.  In addition, the agency shall 
168.17  make reasonable efforts to notify persons or classes of persons 
168.18  who may be significantly affected by the TMDL by giving notice 
168.19  of its intention in newsletters, newspapers, or other 
168.20  publications, or through other means of communication.  The 
168.21  notice must include a statement informing the public: 
168.22     (1) that the public has 30 days in which to submit comment 
168.23  in support of or in opposition to the proposed TMDL and that 
168.24  comment is encouraged; 
168.25     (2) that each comment should identify the portion of the 
168.26  proposed TMDL addressed, the reason for the comment, and any 
168.27  change proposed; 
168.28     (3) of the manner in which persons must request a contested 
168.29  case proceeding on the proposed TMDL; 
168.30     (4) that the proposed TMDL may be modified if the 
168.31  modifications are supported by the data and views submitted; and 
168.32     (5) the date on which the 30-day comment period ends. 
168.33     Subd. 5.  [THIRD-PARTY TMDL DEVELOPMENT.] The Pollution 
168.34  Control Agency may enter into agreements with any qualified 
168.35  public or private nonprofit entity setting forth the terms and 
168.36  conditions under which that entity is authorized to develop a 
169.1   third-party TMDL.  Before entering into an agreement with an 
169.2   entity to develop a third-party TMDL, the Pollution Control 
169.3   Agency must make reasonable efforts to notify cities, counties, 
169.4   townships, soil and water conservation districts, and watershed 
169.5   districts in the area that would be affected by the TMDL.  An 
169.6   agreement with a third party for a TMDL must ensure that the 
169.7   technical committee consist of at least 60 percent local elected 
169.8   officials or their designees.  In determining whether an entity 
169.9   is qualified to develop a third-party TMDL, the agency shall 
169.10  consider the technical and administrative qualifications of the 
169.11  entity and may not enter into an agreement with a third-party 
169.12  entity that has a conflict of interest with respect to the 
169.13  development of the third-party TMDL.  A third-party TMDL is 
169.14  subject to modification and approval by the Pollution Control 
169.15  Agency, and must be approved by the Pollution Control Agency 
169.16  before it is submitted to the United States Environmental 
169.17  Protection Agency.  Before submitting a third-party TMDL to the 
169.18  Environmental Protection Agency, the Pollution Control Agency 
169.19  must comply with the notice and procedure requirements of 
169.20  subdivision 3.  Approval of a third-party TMDL by the Pollution 
169.21  Control Agency is subject to judicial review and contested case 
169.22  procedures in the same manner as approval of any other TMDL by 
169.23  the Pollution Control Agency.  The Pollution Control Agency 
169.24  shall consider authorizing the development of third-party TMDL's 
169.25  consistent with the goals, policies, and priorities determined 
169.26  under this section. 
169.27     Sec. 6.  [114D.30] [CLEAN WATER COUNCIL.] 
169.28     Subdivision 1.  [CREATION; DUTIES.] A Clean Water Council 
169.29  is created to advise on the administration and implementation of 
169.30  this chapter, and foster coordination and cooperation as 
169.31  described in section 114D.20, subdivision 1.  The council may 
169.32  also advise on the development of appropriate processes for 
169.33  expert scientific review as described in section 114D.35, 
169.34  subdivision 2.  The Pollution Control Agency shall provide 
169.35  administrative support for the council with the support of other 
169.36  member agencies.  The members of the council shall elect a chair 
170.1   from the nonagency members of the council. 
170.2      Subd. 2.  [MEMBERSHIP; APPOINTMENT.] The governor must 
170.3   appoint the members of the council.  The governor must appoint 
170.4   one person from each of the following agencies:  the Department 
170.5   of Natural Resources, the Department of Agriculture, the 
170.6   Pollution Control Agency, and the Board of Water and Soil 
170.7   Resources.  The governor must appoint 14 additional nonagency 
170.8   members of the council as follows: 
170.9      (1) two members representing statewide farm organizations; 
170.10     (2) two members representing business organizations; 
170.11     (3) two members representing environmental organizations; 
170.12     (4) one member representing soil and water conservation 
170.13  districts; 
170.14     (5) one member representing watershed districts; 
170.15     (6) one member representing organizations focused on 
170.16  improvement of Minnesota lakes or streams; 
170.17     (7) one member representing an organization of county 
170.18  governments; 
170.19     (8) two members representing organizations of city 
170.20  governments; 
170.21     (9) one member representing the Metropolitan Council 
170.22  established under section 473.123; and 
170.23     (10) one member representing an organization of township 
170.24  governments. 
170.25     In making appointments, the governor must attempt to 
170.26  provide for geographic balance. 
170.27     Subd. 3.  [TERMS; COMPENSATION; REMOVAL.] The initial terms 
170.28  of members representing state agencies and the Metropolitan 
170.29  Council expire on the first Monday in January, 2007.  
170.30  Thereafter, the terms of members representing the state agencies 
170.31  and the Metropolitan Council are four years and are coterminous 
170.32  with the governor.  The terms of other members of the council 
170.33  shall be as provided in section 15.059, subdivision 2.  Members 
170.34  may serve until their successors are appointed and qualify.  
170.35  Compensation and removal of council members is as provided in 
170.36  section 15.059, subdivisions 3 and 4.  A vacancy on the council 
171.1   may be filled by the appointing authority provided in 
171.2   subdivision 1 for the remainder of the unexpired term. 
171.3      Subd. 4.  [IMPLEMENTATION PLAN.] The Clean Water Council 
171.4   shall prepare a plan for implementation of this chapter.  The 
171.5   plan shall address general procedures and timeframes for 
171.6   implementing this chapter, and shall include a more specific 
171.7   implementation work plan for the next fiscal biennium and a 
171.8   framework for setting priorities to address impaired waters 
171.9   consistent with section 114D.45, subdivisions 2 to 7.  The 
171.10  council shall issue the first implementation plan under this 
171.11  subdivision by December 1, 2005, and shall issue a revised work 
171.12  plan by December 1 of each even-numbered year thereafter. 
171.13     Subd. 5.  [RECOMMENDATIONS ON APPROPRIATION OF FUNDS.] The 
171.14  Clean Water Council shall recommend to the governor the manner 
171.15  in which money from the clean water legacy account should be 
171.16  appropriated for the purposes identified in section 114D.45, 
171.17  subdivision 3.  The council's recommendations must be consistent 
171.18  with the purposes, policies, goals, and priorities in sections 
171.19  114D.05 to 114D.35, and shall allocate adequate support and 
171.20  resources to identify impaired waters, develop TMDL's, implement 
171.21  restoration of impaired waters, and provide assistance and 
171.22  incentives to prevent waters from becoming impaired and improve 
171.23  the quality of waters which are listed as impaired but have no 
171.24  approved TMDL.  The council must recommend methods of ensuring 
171.25  that awards of grants, loans, or other funds from the clean 
171.26  water legacy account specify the outcomes to be achieved as a 
171.27  result of the funding, and specify standards to hold the 
171.28  recipient accountable for achieving the desired outcomes. 
171.29     Subd. 6.  [BIENNIAL REPORT TO LEGISLATURE.] By December 1 
171.30  of each even-numbered year, the council shall submit a report to 
171.31  the legislature on the activities for which money from the clean 
171.32  water legacy account has been or will be spent for the current 
171.33  biennium, and the activities for which money from the account is 
171.34  recommended to be spent in the next biennium.  The report due on 
171.35  December 1, 2014, must include an evaluation of the progress 
171.36  made through June 30, 2014, in implementing this chapter, the 
172.1   need for funding of future implementation of those sections, and 
172.2   recommendations for the sources of such funding. 
172.3      Sec. 7.  [114D.35] [PUBLIC AND STAKEHOLDER PARTICIPATION; 
172.4   SCIENTIFIC REVIEW; EDUCATION.] 
172.5      Subdivision 1.  [PUBLIC AND STAKEHOLDER PARTICIPATION.] 
172.6   Public agencies and private entities involved in the 
172.7   implementation of this chapter shall encourage participation by 
172.8   the public and stakeholders, including local citizens, land 
172.9   owners and managers, and public and private organizations, in 
172.10  the identification of impaired waters, in developing TMDL's, and 
172.11  in planning and implementing restoration of impaired waters.  In 
172.12  particular, the Pollution Control Agency shall make reasonable 
172.13  efforts to provide timely information to the public and to 
172.14  stakeholders about impaired waters that have been identified by 
172.15  the agency.  The agency shall seek broad and early public and 
172.16  stakeholder participation in scoping the activities necessary to 
172.17  develop a TMDL, including the scientific models, methods, and 
172.18  approaches to be used in TMDL development, and to implement 
172.19  restoration pursuant to section 114D.15, subdivision 7. 
172.20     Subd. 2.  [EXPERT SCIENTIFIC ADVICE.] The Clean Water 
172.21  Council and public agencies and private entities shall make use 
172.22  of available expertise from educational, research, and technical 
172.23  organizations, including the University of Minnesota and other 
172.24  higher education institutions, to provide appropriate 
172.25  independent expert advice on models, methods, and approaches 
172.26  used in identifying impaired waters, developing TMDL's, and 
172.27  implementing prevention and restoration. 
172.28     Subd. 3.  [EDUCATION.] The Clean Water Council shall 
172.29  develop strategies for informing, educating, and encouraging the 
172.30  participation of citizens, stakeholders, and others regarding 
172.31  the identification of impaired waters, development of TMDL's, 
172.32  and development and implementation of restoration for impaired 
172.33  waters.  Public agencies shall be responsible for implementing 
172.34  the strategies.