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 	amending Minnesota Statutes 2004, sections 15.01;
1.9 	16A.125, subdivision 5; 84.027, subdivisions 12, 15,
1.10 	by adding a subdivision; 84.0274, by adding
1.11 	subdivisions; 84.0911, subdivision 2; 84.631; 84.775,
1.12 	subdivision 1; 84.788, subdivision 3, by adding a
1.13 	subdivision; 84.789, by adding a subdivision; 84.791,
1.14 	subdivisions 1, 2; 84.798, subdivision 1, by adding a
1.15 	subdivision; 84.804, subdivision 3; 84.82, subdivision
1.16 	2, by adding a subdivision; 84.8205, subdivisions 1,
1.17 	3, 4, 6; 84.83, subdivision 3; 84.86, subdivision 1;
1.18 	84.91, subdivision 1; 84.922, subdivision 2, by adding
1.19 	a subdivision; 84.925, subdivision 1, by adding a
1.20 	subdivision; 84.9256, subdivision 1; 84.9257; 84.926;
1.21 	84.928, subdivisions 1, 2; 84D.03, subdivision 4;
1.22 	85.015, subdivision 5; 85.053, subdivisions 1, 2;
1.23 	85.055, subdivision 2, by adding a subdivision; 85.42;
1.24 	85.43; 86B.415, subdivisions 1, 2, 3, 4, 5, 6, by
1.25 	adding a subdivision; 88.17, subdivision 1, by adding
1.26 	subdivisions; 88.6435, subdivision 4; 89.039,
1.27 	subdivision 1; 89.19, subdivision 2; 89.36,
1.28 	subdivision 2; 89.37, subdivision 4; 92.03,
1.29 	subdivision 4; 93.22, subdivision 1; 94.342,
1.30 	subdivisions 1, 3, 4, 5; 94.343, subdivisions 1, 3, 7,
1.31 	8, 10, by adding subdivisions; 94.344, subdivisions 1,
1.32 	3, 5, 8, 10, by adding a subdivision; 97A.055,
1.33 	subdivision 4b; 97A.061, by adding a subdivision;
1.34 	97A.071, subdivision 2; 97A.075, subdivision 3;
1.35 	97A.135, subdivision 2a; 97A.4742, subdivision 4;
1.36 	97A.485, subdivisions 6, 7; 97A.551, by adding a
1.37 	subdivision; 97B.015, subdivisions 1, 2, 5, 7;
1.38 	97B.020; 97B.025; 97C.085; 97C.327; 97C.395,
1.39 	subdivision 1; 103F.535, subdivision 1; 103G.271,
1.40 	subdivision 6; 103G.301, subdivision 2; 103G.615,
1.41 	subdivision 2; 103I.681, subdivision 11; 115.06,
1.42 	subdivision 4; 115.551; 115A.03, subdivisions 21, 32a;
1.43 	115A.06, subdivision 5; 115A.07, subdivision 1;
1.44 	115A.072, subdivision 1; 115A.12; 115A.15, subdivision
1.45 	7; 115A.38, subdivision 1; 115A.545, subdivision 1;
1.46 	115A.929; 116.03, subdivision 1; 116.07, subdivision
2.1 	4b; 116P.02, by adding a subdivision; 116P.03;
2.2 	116P.04, subdivision 5; 116P.05, subdivision 2;
2.3 	116P.07; 116P.08, subdivisions 3, 5, 6, 7, by adding
2.4 	subdivisions; 116P.09; 116P.10; 116P.11; 116P.12,
2.5 	subdivision 2; 116P.15, subdivision 2; 168.1296,
2.6 	subdivision 1; 169A.63, subdivision 6; 216B.2424,
2.7 	subdivisions 1, 2, 5a, 6, 8, by adding a subdivision;
2.8 	282.08; 282.38, subdivision 1; 296A.18, subdivision 2;
2.9 	297H.13, subdivision 2; 349.12, subdivision 25;
2.10 	462.357, subdivision 1e; 473.846; 477A.12, by adding a
2.11 	subdivision; 477A.145; Laws 2003, chapter 128, article
2.12 	1, section 5, subdivision 6; Laws 2003, chapter 128,
2.13 	article 1, section 9, subdivision 6; Laws 2003,
2.14 	chapter 128, article 1, section 167, subdivision 1;
2.15 	Laws 2004, chapter 220, section 1; proposing coding
2.16 	for new law in Minnesota Statutes, chapters 84; 86B;
2.17 	92; 93; 97C; 116; 116P; 473; repealing Minnesota
2.18 	Statutes 2004, sections 84.901; 85.054, subdivision 1;
2.19 	94.343, subdivision 6; 94.344, subdivision 6; 94.348;
2.20 	94.349; 115A.03, subdivisions 8a, 22a; 115A.055,
2.21 	subdivision 1; 115A.158, subdivision 3; 115D.03,
2.22 	subdivision 4; 116.02, subdivision 5; 116.04; 116P.02,
2.23 	subdivisions 2, 4; 116P.05; 116P.06; 116P.08,
2.24 	subdivision 4; 473.197, subdivisions 1, 2, 3, 5;
2.25 	473.801, subdivision 6.
2.26 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.27 	ARTICLE 1
2.28 	ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS
2.29 	OPTION B

2.30 	Section 1. ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.
 2.31 	The sums shown in the columns marked "APPROPRIATIONS" are
2.32 	appropriated from the general fund, or another named fund, to
2.33 	the agencies and for the purposes specified in this article, to
2.34 	be available for the fiscal years indicated for each purpose.
2.35 	The figures "2006" and "2007," where used in this article, mean
2.36 	that the appropriation or appropriations listed under them are
2.37 	available for the fiscal year ending June 30, 2006, or June 30,
2.38 	2007, respectively.  The term "the first year" means the year
2.39 	ending June 30, 2006, and the term "the second year" means the
2.40 	year ending June 30, 2007.
2.41 	SUMMARY BY FUND
2.42 	2006          2007           TOTAL
2.43 	General            $  110,654,000 $  110,655,000 $  221,309,000
2.44 	State Government
2.45 	Special Revenue            48,000         48,000         96,000
2.46 	Environmental          56,663,000     56,970,000    113,633,000
2.47 	Natural Resources      69,147,000     69,412,000    138,559,000
2.48 	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              $  353,679,000 $  354,396,000 $  705,075,000
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                        223,582,000    225,618,000
7.43 	Summary by Fund
7.44 	General              73,902,000    73,903,000
7.45 	Natural Resources    64,373,000    64,636,000
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 	$210,000 the first year and $210,000
9.16 	the second year are for grants
9.17 	associated with the implementation of
9.18 	the Red River mediation agreement.
9.19 	$125,000 the first year and $125,000
9.20 	the second year are for the
9.21 	construction of ring dikes under
9.22 	Minnesota Statutes, section 103F.161.
9.23 	The ring dikes may be publicly or
9.24 	privately owned.  Any unencumbered
9.25 	balance does not cancel at the end of
9.26 	the first year and is available for the
9.27 	second year.
9.28 		Subd. 4.Forest Management
9.29 	34,063,000     34,063,000
9.30 	Summary by Fund
9.31 	General              24,098,000    24,098,000
9.32 	Natural Resources     9,715,000     9,715,000
9.33 	Game and Fish           250,000       250,000
9.34 	$7,217,000 the first year and
9.35 	$7,217,000 the second year are for
9.36 	prevention, presuppression, and
9.37 	suppression costs of emergency
9.38 	firefighting and other costs incurred
9.39 	under Minnesota Statutes, section
9.40 	88.12.  If the appropriation for either
9.41 	year is insufficient to cover all costs
9.42 	of presuppression and suppression, the
9.43 	amount necessary to pay for these costs
9.44 	during the biennium is appropriated
9.45 	from the general fund.  By November 15
9.46 	of each year, the commissioner of
9.47 	natural resources shall submit a report
9.48 	to the chairs of the house of
9.49 	representatives Ways and Means
9.50 	Committee, the senate Finance
9.51 	Committee, the Environment and
9.52 	Agriculture Budget Division of the
9.53 	senate Finance Committee, and the house
9.54 	of representatives Agriculture,
9.55 	Environment and Natural Resources
9.56 	Finance Committee, identifying all
10.1 	firefighting costs incurred and
10.2 	reimbursements received in the prior
10.3 	fiscal year.  These appropriations may
10.4 	not be transferred.  Any reimbursement
10.5 	of firefighting expenditures made to
10.6 	the commissioner from any source other
10.7 	than federal mobilizations shall be
10.8 	deposited into the general fund.
10.9 	$9,715,000 the first year and
10.10 	$9,715,000 the second year are from the
10.11 	forest management investment account in
10.12 	the natural resources fund for only the
10.13 	purposes specified in Minnesota
10.14 	Statutes, section 89.039, subdivision 2.
10.15 	$517,000 the first year and $517,000
10.16 	the second year are for the Forest
10.17 	Resources Council for implementation of
10.18 	the Sustainable Forest Resources Act.
10.19 	$350,000 the first year and $350,000
10.20 	the second year are for the FORIST
10.21 	Timber Management Information System
10.22 	and for increased forestry management.
10.23 	The amount in the second year is also
10.24 	available in the first year.
10.25 	$250,000 the first year and $250,000
10.26 	the second year are from the game and
10.27 	fish fund to implement Ecological
10.28 	Classification Systems (ECS) standards
10.29 	on forested landscapes.  This
10.30 	appropriation is from revenue deposited
10.31 	in the game and fish fund under
10.32 	Minnesota Statutes, section 297A.94,
10.33 	paragraph (e), clause (1).
10.34 		Subd. 5.Parks and Recreation
10.35 	Management
10.36 	32,615,000     32,703,000
10.37 	Summary by Fund
10.38 	General              19,279,000    19,279,000
10.39 	Natural Resources    13,336,000    13,424,000
10.40 	$640,000 the first year and $640,000
10.41 	the second year are from the water
10.42 	recreation account in the natural
10.43 	resources fund for state park water
10.44 	access projects.
10.45 	$3,725,000 the first year and
10.46 	$3,813,000 the second year are from the
10.47 	natural resources fund for state park
10.48 	and recreation area operations.  This
10.49 	appropriation is from the revenue
10.50 	deposited in the natural resources fund
10.51 	under Minnesota Statutes, section
10.52 	297A.94, paragraph (e), clause (2).
10.53 		Subd. 6.Trails and Waterways
10.54 	Management
10.55 	28,598,000     28,750,000
10.56 	Summary by Fund
11.1 	General               1,284,000     1,284,000
11.2 	Natural Resources    25,223,000    25,379,000
11.3 	Game and Fish         2,091,000     2,087,000
11.4 	$8,724,000 the first year and
11.5 	$8,724,000 the second year are from the
11.6 	snowmobile trails and enforcement
11.7 	account in the natural resources fund
11.8 	for snowmobile grants-in-aid.  Any
11.9 	unencumbered balance does not cancel at
11.10 	the end of the first year and is
11.11 	available for the second year.
11.12 	$925,000 the first year and $825,000
11.13 	the second year are from the natural
11.14 	resources fund for off-highway vehicle
11.15 	grants-in-aid.  Of this amount,
11.16 	$575,000 each year is from the
11.17 	all-terrain vehicle account; $150,000
11.18 	each year is from the off-highway
11.19 	motorcycle account; and $200,000 the
11.20 	first year and $100,000 the second year
11.21 	are from the off-road vehicle account.
11.22 	Any unencumbered balance does not
11.23 	cancel at the end of the first year and
11.24 	is available for the second year.
11.25 	$261,000 the first year and $261,000
11.26 	the second year are from the water
11.27 	recreation account in the natural
11.28 	resources fund for a safe harbor
11.29 	program on Lake Superior.
11.30 	$742,000 the first year and $760,000
11.31 	the second year are from the natural
11.32 	resources fund for state trail
11.33 	operations.  This appropriation is from
11.34 	the revenue deposited in the natural
11.35 	resources fund under Minnesota
11.36 	Statutes, section 297A.94, paragraph
11.37 	(e), clause (2).
11.38 	$632,000 the first year and $645,000
11.39 	the second year are from the natural
11.40 	resources fund for trail grants to
11.41 	local units of government on land to be
11.42 	maintained for at least 20 years for
11.43 	the purposes of the grant.  This
11.44 	appropriation is from the revenue
11.45 	deposited in the natural resources fund
11.46 	under Minnesota Statutes, section
11.47 	297A.94, paragraph (e), clause (4).
11.48 	$75,000 the first year is from the
11.49 	all-terrain vehicle account in the
11.50 	natural resources fund for a study to
11.51 	determine the amount of gasoline used
11.52 	each year by all-terrain vehicle riders
11.53 	in the state.  The commissioners of
11.54 	natural resources, revenue, and
11.55 	transportation shall jointly determine
11.56 	the amount of unrefunded gasoline tax
11.57 	attributable to all-terrain vehicle use
11.58 	in the state and shall report to the
11.59 	legislature by March 1, 2006, with an
11.60 	appropriate proposed revision to
11.61 	Minnesota Statutes, section 296A.18.
11.62 	$50,000 is appropriated from the
12.1 	all-terrain vehicle account in the
12.2 	natural resources fund to the
12.3 	commissioner of natural resources for
12.4 	fiscal year 2006 to revise the
12.5 	Northshore Trail master plan for use by
12.6 	all-terrain vehicles.
12.7 	$2,250,000 the first year and
12.8 	$2,600,000 the second year are from the
12.9 	public access account in the natural
12.10 	resources fund for the acquisition,
12.11 	development, maintenance, and
12.12 	rehabilitation of sites for public
12.13 	access and boating facilities on public
12.14 	waters.
12.15 	Ninety percent of the money received
12.16 	for watercraft licenses as a result of
12.17 	the fee increases contained in this act
12.18 	shall be credited to a public access
12.19 	subaccount within the water recreation
12.20 	account.  Ten percent is for
12.21 	enforcement purposes.
12.22 		Subd. 7.Fish and Wildlife Management
12.23 	59,670,000     60,679,000
12.24 	Summary by Fund
12.25 	General               1,755,000     1,755,000
12.26 	Natural Resources     1,542,000     1,542,000
12.27 	Game and Fish        56,373,000    57,382,000
12.28 	$407,000 the first year and $412,000
12.29 	the second year are for resource
12.30 	population surveys in the 1837 treaty
12.31 	area.  Of this amount, $265,000 the
12.32 	first year and $270,000 the second year
12.33 	are from the game and fish fund.
12.34 	$7,233,000 the first year and
12.35 	$7,233,000 the second year are from the
12.36 	heritage enhancement account in the
12.37 	game and fish fund for only the
12.38 	purposes specified in Minnesota
12.39 	Statutes, section 297A.94, paragraph
12.40 	(e), clause (1).
12.41 	Notwithstanding Minnesota Statutes,
12.42 	section 297A.94, this appropriation may
12.43 	be used for hunter recruitment and
12.44 	retention and public land user
12.45 	facilities.
12.46 	$1,030,000 the first year and $880,000
12.47 	the second year are from the trout and
12.48 	salmon management account for only the
12.49 	purposes specified in Minnesota
12.50 	Statutes, section 97A.075, subdivision
12.51 	3.
12.52 	$1,411,000 the first year and
12.53 	$1,411,000 the second year are from the
12.54 	deer habitat improvement account for
12.55 	only the purposes specified in
12.56 	Minnesota Statutes, section 97A.075,
12.57 	subdivision 1, paragraph (b).
13.1 	$397,000 the first year and $397,000
13.2 	the second year are from the deer and
13.3 	bear management account for only the
13.4 	purposes specified in Minnesota
13.5 	Statutes, section 97A.075, subdivision
13.6 	1, paragraph (c).
13.7 	$851,000 the first year and $851,000
13.8 	the second year are from the waterfowl
13.9 	habitat improvement account for only
13.10 	the purposes specified in Minnesota
13.11 	Statutes, section 97A.075, subdivision
13.12 	2.
13.13 	$890,000 the first year and $890,000
13.14 	the second year are from the pheasant
13.15 	habitat improvement account for only
13.16 	the purposes specified in Minnesota
13.17 	Statutes, section 97A.075, subdivision
13.18 	4.
13.19 	$142,000 the first year and $142,000
13.20 	the second year are from the wild
13.21 	turkey management account for only the
13.22 	purposes specified in Minnesota
13.23 	Statutes, section 97A.075, subdivision
13.24 	5.  Of this amount, $8,000 the first
13.25 	year and $8,000 the second year are
13.26 	appropriated from the game and fish
13.27 	fund for transfer to the wild turkey
13.28 	management account for purposes
13.29 	specified in Minnesota Statutes,
13.30 	section 97A.075, subdivision 5.
13.31 	$225,000 is from the revenue deposited
13.32 	to the game and fish fund under
13.33 	Minnesota Statutes, section 297A.94,
13.34 	paragraph (e), clause (1), for a grant
13.35 	to "Let's Go Fishing" of Minnesota to
13.36 	promote opportunities for fishing.  The
13.37 	grant recipient must report back to the
13.38 	commissioner by February 1, 2006, on
13.39 	the use and results of the
13.40 	appropriation.  This is a onetime
13.41 	appropriation.
13.42 		Subd. 8.Ecological Services
13.43 	10,084,000     10,149,000
13.44 	Summary by Fund
13.45 	General               3,140,000     3,141,000
13.46 	Natural Resources     3,153,000     3,153,000
13.47 	Game and Fish         3,791,000     3,855,000
13.48 	$1,128,000 the first year and
13.49 	$1,128,000 the second year are from the
13.50 	nongame wildlife management account in
13.51 	the natural resources fund for the
13.52 	purpose of nongame wildlife management.
13.53 	Notwithstanding Minnesota Statutes,
13.54 	section 290.431, $100,000 the first
13.55 	year and $100,000 the second year may
13.56 	be used for nongame information,
13.57 	education, and promotion.
13.58 	$1,588,000 the first year and
14.1 	$1,588,000 the second year are from the
14.2 	heritage enhancement account in the
14.3 	game and fish fund for only the
14.4 	purposes specified in Minnesota
14.5 	Statutes, section 297A.94, paragraph
14.6 	(e), clause (1).  This appropriation is
14.7 	from the revenue deposited in the game
14.8 	and fish fund under Minnesota Statutes,
14.9 	section 297A.94, paragraph (e), clause
14.10 	(1).
14.11 		Subd. 9.Enforcement
14.12 	29,397,000     29,982,000
14.13 	Summary by Fund
14.14 	General               3,356,000     3,356,000
14.15 	Natural Resources     7,413,000     7,428,000
14.16 	Game and Fish        18,528,000    19,098,000
14.17 	Remediation             100,000       100,000
14.18 	$1,082,000 the first year and
14.19 	$1,082,000 the second year are from the
14.20 	water recreation account in the natural
14.21 	resources fund for grants to counties
14.22 	for boat and water safety.
14.23 	$100,000 the first year and $100,000
14.24 	the second year are from the
14.25 	remediation fund for solid waste
14.26 	enforcement activities under Minnesota
14.27 	Statutes, section 116.073.
14.28 	$315,000 the first year and $315,000
14.29 	the second year are from the snowmobile
14.30 	trails and enforcement account in the
14.31 	natural resources fund for grants to
14.32 	local law enforcement agencies for
14.33 	snowmobile enforcement activities.
14.34 	The unexpended balance of money from
14.35 	Laws 1999, chapter 231, section 5,
14.36 	subdivision 6, must be credited to the
14.37 	snowmobile trails and enforcement
14.38 	account and the appropriation for the
14.39 	repair of public trails damaged by
14.40 	snowmobiles shall be canceled.
14.41 	$1,164,000 the first year and
14.42 	$1,164,000 the second year are from the
14.43 	heritage enhancement account in the
14.44 	game and fish fund for only the
14.45 	purposes specified in Minnesota
14.46 	Statutes, section 297A.94, paragraph
14.47 	(e), clause (1).  This appropriation is
14.48 	from the revenue deposited in the game
14.49 	and fish fund under Minnesota Statutes,
14.50 	section 297A.94, paragraph (e), clause
14.51 	(1).
14.52 	Overtime must be distributed to
14.53 	conservation officers at historical
14.54 	levels; however, a reasonable reduction
14.55 	or addition may be made to the
14.56 	officer's allocation, if justified,
14.57 	based on an individual officer's
14.58 	workload.  If funding for enforcement
15.1 	is reduced because of an unallotment,
15.2 	the overtime bank may be reduced in
15.3 	proportion to reductions made in other
15.4 	areas of the budget.
15.5 	$225,000 the first year and $225,000
15.6 	the second year are from the natural
15.7 	resources fund for grants to county law
15.8 	enforcement agencies for off-highway
15.9 	vehicle enforcement and public
15.10 	education activities based on
15.11 	off-highway vehicle use in the county.
15.12 	Of this amount, $213,000 each year is
15.13 	from the all-terrain vehicle account;
15.14 	$11,000 each year is from the
15.15 	off-highway motorcycle account; and
15.16 	$1,000 each year is from the off-road
15.17 	vehicle account.  The county
15.18 	enforcement agencies may use money
15.19 	received under this appropriation to
15.20 	make grants to other local enforcement
15.21 	agencies within the county that have a
15.22 	high concentration of off-highway
15.23 	vehicle use.  Of this appropriation,
15.24 	$25,000 each year is for administration
15.25 	of these grants.
15.26 	$200,000 the first year and $200,000
15.27 	the second year are from the natural
15.28 	resources fund for an off-highway
15.29 	vehicle safety and conservation grant
15.30 	program.  Of this amount, $170,000 each
15.31 	year is from the all-terrain vehicle
15.32 	account; $10,000 each year is from the
15.33 	off-highway motorcycle account; and
15.34 	$20,000 each year is from the off-road
15.35 	vehicle account.  Any unencumbered
15.36 	balance does not cancel at the end of
15.37 	the first year and is available for the
15.38 	second year.
15.39 	$15,000 the first year is from the
15.40 	off-highway motorcycle account in the
15.41 	natural resources fund to produce an
15.42 	interactive CD-ROM training tool for
15.43 	the off-highway motorcycle education
15.44 	and training program under Minnesota
15.45 	Statutes, section 84.791.
15.46 	$15,000 the first year and $5,000 the
15.47 	second year are from the off-road
15.48 	vehicle account in the natural
15.49 	resources fund to establish the
15.50 	off-road vehicle environment and safety
15.51 	education and training program under
15.52 	Minnesota Statutes, section 84.8015.
15.53 		Subd. 10.Operations Support
15.54 	9,317,000      9,418,000
15.55 	Summary by Fund
15.56 	General               4,900,000     4,900,000
15.57 	Natural Resources     1,589,000     1,593,000
15.58 	Game and Fish         2,828,000     2,925,000
15.59 	$264,000 the first year and $268,000
15.60 	the second year are from the natural
16.1 	resources fund for grants to be divided
16.2 	equally between the city of St. Paul
16.3 	for the Como Zoo and Conservatory and
16.4 	the city of Duluth Zoo.  This
16.5 	appropriation is from the revenue
16.6 	deposited to the fund under Minnesota
16.7 	Statutes, section 297A.94, paragraph
16.8 	(e), clause (5).

16.9 	Sec. 4. MINNESOTA
16.10 	CONSERVATION CORPS                       840,000        840,000
 16.11 	Summary by Fund
16.12 	General                 350,000       350,000
16.13 	Natural Resources       490,000       490,000
16.14 	The Minnesota Conservation Corps may
16.15 	receive money appropriated under this
16.16 	section only as provided in an
16.17 	agreement with the commissioner of
16.18 	natural resources.

16.19 	Sec. 5. BOARD OF WATER
16.20 	AND SOIL RESOURCES                    15,131,000     15,131,000
 16.21 	$4,102,000 the first year and
16.22 	$4,102,000 the second year are for
16.23 	natural resources block grants to local
16.24 	governments.
16.25 	The board may reduce the amount of the
16.26 	natural resources block grant to a
16.27 	county by an amount equal to any
16.28 	reduction in the county's general
16.29 	services allocation to a soil and water
16.30 	conservation district from the county's
16.31 	previous year allocation when the board
16.32 	determines that the reduction was
16.33 	disproportionate.
16.34 	Grants must be matched with a
16.35 	combination of local cash or in-kind
16.36 	contributions.  The base grant portion
16.37 	related to water planning must be
16.38 	matched by an amount that would be
16.39 	raised by a levy under Minnesota
16.40 	Statutes, section 103B.3369.
16.41 	$3,566,000 the first year and
16.42 	$3,566,000 the second year are for
16.43 	grants to soil and water conservation
16.44 	districts for general purposes,
16.45 	nonpoint engineering, and
16.46 	implementation of the reinvest in
16.47 	Minnesota conservation reserve
16.48 	program.  Upon approval of the board,
16.49 	expenditures may be made from these
16.50 	appropriations for supplies and
16.51 	services benefiting soil and water
16.52 	conservation districts.
16.53 	$3,285,000 the first year and
16.54 	$3,285,000 the second year are for
16.55 	grants to soil and water conservation
16.56 	districts for cost-sharing contracts
16.57 	for erosion control and water quality
16.58 	management.  For base grant allocations
16.59 	made prior to January 1, 2007, up to
16.60 	100 percent of this appropriation may
17.1 	be used for technical assistance.  Of
17.2 	this amount, at least $1,500,000 the
17.3 	first year and $1,500,000 the second
17.4 	year are for grants for cost-sharing
17.5 	contracts for water quality management
17.6 	on feedlots.
17.7 	Any unencumbered balance in the board's
17.8 	program of grants does not cancel at
17.9 	the end of the first year and is
17.10 	available for the second year for the
17.11 	same grant program.  This appropriation
17.12 	is available until expended.  If the
17.13 	appropriation in either year is
17.14 	insufficient, the appropriation in the
17.15 	other year is available for it.
17.16 	Any balance in the board's cost share
17.17 	program that remains from the fiscal
17.18 	year 2005 appropriation is available in
17.19 	an amount of up to $15,000 for a grant
17.20 	to the Mower County Soil and Water
17.21 	Conservation District to create a small
17.22 	pond demonstration project in the Cedar
17.23 	River Watershed for purposes of water
17.24 	retention and flood control.  The Mower
17.25 	County Soil and Water Conservation
17.26 	District must seek other sources of
17.27 	funding, including federal and private
17.28 	sources, to ensure that the
17.29 	demonstration project is educational
17.30 	and complete.
17.31 	$100,000 the first year and $100,000
17.32 	the second year are for a grant to the
17.33 	Red River Basin Commission to develop a
17.34 	Red River basin plan and to coordinate
17.35 	water management activities in the
17.36 	states and provinces bordering the Red
17.37 	River.  The unencumbered balance in the
17.38 	first year does not cancel but is
17.39 	available for the second year.
17.40 	$105,000 the first year and $105,000
17.41 	the second year are for a grant to Area
17.42 	II, Minnesota River Basin Projects,
17.43 	Inc., for floodplain management,
17.44 	including administration of programs.
17.45 	If the appropriation in either year is
17.46 	insufficient, the appropriation in the
17.47 	other year is available for it.
17.48 	The board has authority to receive and
17.49 	expend money to acquire conservation
17.50 	easements, as defined in Minnesota
17.51 	Statutes, chapter 84C, on behalf of the
17.52 	state and federal government,
17.53 	consistent with the Camp Ripley's Army
17.54 	Compatible Use Buffer Project.
17.55 	The board shall conduct an
17.56 	implementation assessment of public
17.57 	drainage system buffers and their use,
17.58 	maintenance, and benefits.  The
17.59 	assessment must be done in consultation
17.60 	with farm groups, watershed districts,
17.61 	soil and water conservation districts,
17.62 	counties, and conservation
17.63 	organizations, as well as federal
17.64 	agencies implementing voluntary buffer
17.65 	programs.  The board shall report the
18.1 	results to the senate and house of
18.2 	representatives committees with
18.3 	jurisdiction over drainage systems by
18.4 	January 15, 2006.

18.5 	Sec. 6. ZOOLOGICAL BOARD              6,189,000      6,191,000
 18.6 	Summary by Fund
18.7 	General               6,057,000     6,057,000
18.8 	Natural Resources       132,000       134,000
18.9 	$132,000 the first year and $134,000
18.10 	the second year are from the natural
18.11 	resources fund from the revenue
18.12 	deposited under Minnesota Statutes,
18.13 	section 297A.94, paragraph (e), clause
18.14 	(5).  This is a onetime appropriation.

18.15 	Sec. 7. SCIENCE MUSEUM
18.16 	OF MINNESOTA                             750,000        750,000

18.17 	Sec. 8. METROPOLITAN COUNCIL          7,452,000      7,452,000
 18.18 	Summary by Fund
18.19 	General                 3,300,000      3,300,000
18.20 	Natural Resources       4,152,000      4,152,000
18.21 	$3,300,000 the first year and
18.22 	$3,300,000 the second year are for
18.23 	metropolitan area regional parks
18.24 	maintenance and operations.
18.25 	$4,152,000 the first year and
18.26 	$4,152,000 the second year are from the
18.27 	natural resources fund for metropolitan
18.28 	area regional parks and trails
18.29 	maintenance and operations.  This
18.30 	appropriation is from the revenue
18.31 	deposited in the natural resources fund
18.32 	under Minnesota Statutes, section
18.33 	297A.94, paragraph (e), clause (3).

18.34 	Sec. 9. MINNESOTA FUTURE
18.35 	RESOURCES FUND
 18.36 	By June 30, 2006, and by June 30, 2007,
18.37 	the commissioner of finance shall
18.38 	transfer any remaining unappropriated
18.39 	balance from the Minnesota future
18.40 	resources fund to the general fund.

18.41 	Sec. 10. MINNESOTA RESOURCES
 18.42 		Subdivision 1.Total
18.43 	Appropriation
18.44 	                                     $20,457,000    $18,829,000
18.45 	Summary by Fund
18.46 	State Land and Water Conservation
18.47 	Account (LAWCON)      1,600,000       -0-
18.48 	Environment and Natural Resources
18.49 	Trust Fund           18,829,000    18,829,000
18.50 	Great Lakes Protection
18.51 	Account                  28,000       -0-
19.1 	Appropriations from the LAWCON account
19.2 	and Great Lakes protection account are
19.3 	available for either year of the
19.4 	biennium.
19.5 	For appropriations from the environment
19.6 	and natural resources trust fund, any
19.7 	unencumbered balance remaining in the
19.8 	first year does not cancel and is
19.9 	available for the second year of the
19.10 	biennium.  Unless otherwise provided,
19.11 	the amounts in this section are
19.12 	available until June 30, 2007, when
19.13 	projects must be completed and final
19.14 	products delivered.
19.15 	Subd. 2.  Definitions
19.16 	(a) "State Land and Water Conservation
19.17 	Account (LAWCON)" means the state land
19.18 	and water conservation account in the
19.19 	natural resources fund referred to in
19.20 	Minnesota Statutes, section 116P.14.
19.21 	(b) "Great Lakes Protection Account"
19.22 	means the Great Lakes protection
19.23 	account referred to in Minnesota
19.24 	Statutes, section 116Q.02, subdivision
19.25 	1.
19.26 	(c) "Trust fund" means the Minnesota
19.27 	environment and natural resources trust
19.28 	fund referred to in Minnesota Statutes,
19.29 	section 116P.02, subdivision 6.
19.30 		Subd. 3.Administration                 524,000        525,000
19.31 	Summary by Fund
19.32 	Trust Fund              524,000       525,000
19.33 	(a) Legislative Commission on Minnesota Resources       899,000
19.34 	$449,000 the first year and $450,000
19.35 	the second year are from the trust fund
19.36 	for administration as provided in
19.37 	Minnesota Statutes, section 116P.09,
19.38 	subdivision 5.
19.39 	(b) Contract Administration                             150,000
19.40 	$75,000 the first year and $75,000 the
19.41 	second year are from the trust fund to
19.42 	the commissioner of natural resources
19.43 	for contract administration activities
19.44 	assigned to the commissioner in this
19.45 	section.  This appropriation is
19.46 	available until June 30, 2008.
19.47 		Subd. 4.Citizen Advisory Committee     10,000         10,000
19.48 	Summary by Fund
19.49 	Trust Fund               10,000        10,000
19.50 	$10,000 the first year and $10,000 the
19.51 	second year are from the trust fund to
19.52 	the Legislative Commission on Minnesota
19.53 	Resources for expenses of the citizen
19.54 	advisory committee as provided in
20.1 	Minnesota Statutes, section 116P.06.
20.2 	Notwithstanding Minnesota Statutes,
20.3 	section 16A.281, the availability of
20.4 	$15,000 of the appropriation from Laws
20.5 	2003, chapter 128, article 1, section
20.6 	9, subdivision 4, advisory committee,
20.7 	is extended to June 30, 2007.
20.8 		Subd. 5.Fish and Wildlife Habitat    5,038,000      5,038,000
20.9 	Summary by Fund
20.10 	Trust Fund            5,038,000     5,038,000
20.11 	(a) Restoring Minnesota's Fish and Wildlife
20.12 	Habitat Corridors-Phase III                           4,062,000
20.13 	$2,031,000 the first year and
20.14 	$2,031,000 the second year are from the
20.15 	trust fund to the commissioner of
20.16 	natural resources for the third
20.17 	biennium for acceleration of agency
20.18 	programs and cooperative agreements
20.19 	with Pheasants Forever, Minnesota Deer
20.20 	Hunters Association, Ducks Unlimited,
20.21 	Inc., National Wild Turkey Federation,
20.22 	the Nature Conservancy, Minnesota Land
20.23 	Trust, the Trust for Public Land,
20.24 	Minnesota Valley National Wildlife
20.25 	Refuge Trust, Inc., U.S. Fish and
20.26 	Wildlife Service, Red Lake Band of
20.27 	Chippewa, Leech Lake Band of Chippewa,
20.28 	Fond du Lac Band of Chippewa,
20.29 	USDA-Natural Resources Conservation
20.30 	Service, and the Board of Water and
20.31 	Soil Resources to plan, restore, and
20.32 	acquire fragmented landscape corridors
20.33 	that connect areas of quality habitat
20.34 	to sustain fish, wildlife, and plants.
20.35 	Expenditures are limited to the 11
20.36 	project areas as defined in the work
20.37 	program.  Land acquired with this
20.38 	appropriation must be sufficiently
20.39 	improved to meet at least minimum
20.40 	habitat and facility management
20.41 	standards as determined by the
20.42 	commissioner of natural resources.
20.43 	This appropriation may not be used for
20.44 	the purchase of residential structures,
20.45 	unless expressly approved in the work
20.46 	program.  Any land acquired in fee
20.47 	title by the commissioner of natural
20.48 	resources with money from this
20.49 	appropriation must be designated:  (1)
20.50 	as an outdoor recreation unit under
20.51 	Minnesota Statutes, section 86A.07; or
20.52 	(2) as provided in Minnesota Statutes,
20.53 	sections 89.018, subdivision 2,
20.54 	paragraph (a); 97A.101; 97A.125;
20.55 	97C.001; and 97C.011.  The commissioner
20.56 	may similarly designate any lands
20.57 	acquired in less than fee title.  This
20.58 	appropriation is available until June
20.59 	30, 2008, at which time the project
20.60 	must be completed and final products
20.61 	delivered, unless an earlier date is
20.62 	specified in the work program.
20.63 	(b) Metropolitan Area Wildlife
20.64 	Corridors-Phase II                                    3,530,000
21.1 	$1,765,000 the first year and
21.2 	$1,765,000 the second year are from the
21.3 	trust fund to the commissioner of
21.4 	natural resources for the second
21.5 	biennium for acceleration of agency
21.6 	programs and cooperative agreements
21.7 	with the Trust for Public Land, Ducks
21.8 	Unlimited, Inc., Friends of the
21.9 	Mississippi River, Great River
21.10 	Greening, Minnesota Land Trust,
21.11 	Minnesota Valley National Wildlife
21.12 	Refuge Trust, Inc., Pheasants Forever,
21.13 	Inc., and Friends of the Minnesota
21.14 	Valley for the purposes of planning,
21.15 	improving, and protecting important
21.16 	natural areas in the metropolitan
21.17 	region, as defined by Minnesota
21.18 	Statutes, section 473.121, subdivision
21.19 	2, and portions of the surrounding
21.20 	counties, through grants, contracted
21.21 	services, conservation easements, and
21.22 	fee acquisition.  Land acquired with
21.23 	this appropriation must be sufficiently
21.24 	improved to meet at least minimum
21.25 	management standards as determined by
21.26 	the commissioner of natural resources.
21.27 	Expenditures are limited to the
21.28 	identified project areas as defined in
21.29 	the work program.  This appropriation
21.30 	may not be used for the purchase of
21.31 	residential structures, unless
21.32 	expressly approved in the work
21.33 	program.  Any land acquired in fee
21.34 	title by the commissioner of natural
21.35 	resources with money from this
21.36 	appropriation must be designated:  (1)
21.37 	as an outdoor recreation unit under
21.38 	Minnesota Statutes, section 86A.07; or
21.39 	(2) as provided in Minnesota Statutes,
21.40 	sections 89.018, subdivision 2,
21.41 	paragraph (a); 97A.101; 97A.125;
21.42 	97C.001; and 97C.011.  The commissioner
21.43 	may similarly designate any lands
21.44 	acquired in less than fee title.  This
21.45 	appropriation is available until June
21.46 	30, 2008, at which time the project
21.47 	must be completed and final products
21.48 	delivered, unless an earlier date is
21.49 	specified in the work program.
21.50 	(c) Development of Scientific and Natural Areas         134,000
21.51 	$67,000 the first year and $67,000 the
21.52 	second year are from the trust fund to
21.53 	the commissioner of natural resources
21.54 	to develop and enhance lands designated
21.55 	as scientific and natural areas.  This
21.56 	appropriation is available until June
21.57 	30, 2008, at which time the project
21.58 	must be completed and final products
21.59 	delivered, unless an earlier date is
21.60 	specified in the work program.
21.61 	(d) Prairie Stewardship of Private Lands                100,000
21.62 	$50,000 the first year and $50,000 the
21.63 	second year are from the trust fund to
21.64 	the commissioner of natural resources
21.65 	to develop stewardship plans and
21.66 	implement prairie management on private
21.67 	prairie lands on a cost-share basis
22.1 	with private or federal funds.  This
22.2 	appropriation is available until June
22.3 	30, 2008, at which time the project
22.4 	must be completed and final products
22.5 	delivered, unless an earlier date is
22.6 	specified in the work program.
22.7 	(e) Local Initiative Grants-Conservation
22.8 	Partners and Environmental Partnerships                 500,000
22.9 	$250,000 the first year and $250,000
22.10 	the second year are from the trust fund
22.11 	to the commissioner of natural
22.12 	resources to provide matching grants of
22.13 	up to $20,000 to local government and
22.14 	private organizations for enhancement,
22.15 	restoration, research, and education
22.16 	associated with natural habitat and
22.17 	environmental service projects.
22.18 	Subdivision 16 applies to grants
22.19 	awarded in the approved work program.
22.20 	This appropriation is available until
22.21 	June 30, 2008, at which time the
22.22 	project must be completed and final
22.23 	products delivered, unless an earlier
22.24 	date is specified in the work program.
22.25 	(f) Minnesota ReLeaf Community Forest
22.26 	Development and Protection                              500,000
22.27 	$250,000 the first year and $250,000
22.28 	the second year are from the trust fund
22.29 	to the commissioner of natural
22.30 	resources for acceleration of the
22.31 	agency program and a cooperative
22.32 	agreement with Tree Trust to protect
22.33 	forest resources, develop
22.34 	inventory-based management plans, and
22.35 	provide matching grants to communities
22.36 	to plant native trees.  At least
22.37 	$390,000 of this appropriation must be
22.38 	used for grants to communities.  For
22.39 	the purposes of this paragraph, the
22.40 	match must be a nonstate contribution,
22.41 	but may be either cash or qualifying
22.42 	in-kind.  This appropriation is
22.43 	available until June 30, 2008, at which
22.44 	time the project must be completed and
22.45 	final projects delivered, unless an
22.46 	earlier date is specified in the work
22.47 	program.
22.48 	(g) Integrated and Pheromonal Control of
22.49 	Common Carp                                             550,000
22.50 	$275,000 the first year and $275,000
22.51 	the second year are from the trust fund
22.52 	to the University of Minnesota for the
22.53 	second biennium to research new options
22.54 	for controlling common carp.  This
22.55 	appropriation is available until June
22.56 	30, 2009, at which time the project
22.57 	must be completed and final products
22.58 	delivered, unless an earlier date is
22.59 	specified in the work program.
22.60 	(h) Biological Control of European Buckthorn
22.61 	and Garlic Mustard                                      200,000
22.62 	$100,000 the first year and $100,000
22.63 	the second year are from the trust fund
23.1 	to the commissioner of natural
23.2 	resources to research potential insects
23.3 	for biological control of invasive
23.4 	European buckthorn species for the
23.5 	second biennium and to introduce and
23.6 	evaluate insects for biological control
23.7 	of garlic mustard.  This appropriation
23.8 	is available until June 30, 2008, at
23.9 	which time the project must be
23.10 	completed and final products delivered,
23.11 	unless an earlier date is specified in
23.12 	the work program.
23.13 	(i) Land Exchange Revolving Fund for
23.14 	Aitkin, Cass, and Crow Wing Counties                    500,000
23.15 	$250,000 the first year and $250,000
23.16 	the second year are from the trust fund
23.17 	to the commissioner of natural
23.18 	resources for an agreement with Aitkin
23.19 	County for a six-year revolving loan
23.20 	fund to improve public and private land
23.21 	ownership patterns, increase management
23.22 	efficiency, and protect critical
23.23 	habitat in Aitkin, Cass, and Crow Wing
23.24 	Counties.  By June 30, 2011, Aitkin
23.25 	County shall repay the $500,000 to the
23.26 	commissioner of finance for deposit in
23.27 	the environment and natural resources
23.28 	trust fund.
23.29 		Subd. 6.Recreation                   7,160,000      5,559,000
23.30 	Summary by Fund
23.31 	Trust Fund            5,560,000     5,559,000
23.32 	State Land and Water Conservation
23.33 	Account (LAWCON)      1,600,000       -0-
23.34 	(a) State Park and Recreation Area
23.35 	Land Acquisition                                      2,000,000
23.36 	$1,000,000 the first year and
23.37 	$1,000,000 the second year are from the
23.38 	trust fund to the commissioner of
23.39 	natural resources to acquire
23.40 	in-holdings for state park and
23.41 	recreation areas.  Land acquired with
23.42 	this appropriation must be sufficiently
23.43 	improved to meet at least minimum
23.44 	management standards as determined by
23.45 	the commissioner of natural resources.
23.46 	This appropriation is available until
23.47 	June 30, 2008, at which time the
23.48 	project must be completed and final
23.49 	products delivered, unless an earlier
23.50 	date is specified in the work program.
23.51 	(b) LAWCON Federal Reimbursements                     1,600,000
23.52 	$1,600,000 is from the State Land and
23.53 	Water Conservation Account (LAWCON) in
23.54 	the natural resources fund to the
23.55 	commissioner of natural resources for
23.56 	priorities established by the
23.57 	commissioner for eligible state
23.58 	projects and administrative and
23.59 	planning activities consistent with
23.60 	Minnesota Statutes, section 116P.14,
23.61 	and the federal Land and Water
24.1 	Conservation Fund Act.  Subdivision 16
24.2 	applies to grants awarded in the
24.3 	approved work program.  This
24.4 	appropriation is contingent upon
24.5 	receipt of the federal obligation and
24.6 	remains available until June 30, 2008,
24.7 	at which time the project must be
24.8 	completed and final products delivered,
24.9 	unless an earlier date is specified in
24.10 	the work program.
24.11 	(c) State Park and Recreation Area
24.12 	Revenue-Enhancing Development                           200,000
24.13 	$100,000 the first year and $100,000
24.14 	the second year are from the trust fund
24.15 	to the commissioner of natural
24.16 	resources to enhance revenue generation
24.17 	in the state's park and recreation
24.18 	system.
24.19 	(d) Best Management Practices for Parks
24.20 	and Outdoor Recreation                                  200,000
24.21 	$100,000 the first year and $100,000
24.22 	the second year are from the trust fund
24.23 	to the commissioner of natural
24.24 	resources for an agreement with the
24.25 	Minnesota Recreation and Park
24.26 	Association to develop and evaluate
24.27 	opportunities to more efficiently
24.28 	manage Minnesota's parks and outdoor
24.29 	recreation areas.
24.30 	(e) Metropolitan Regional Parks Acquisition,
24.31 	Rehabilitation, and Development                       2,000,000
24.32 	$1,000,000 the first year and
24.33 	$1,000,000 the second year are from the
24.34 	trust fund to the Metropolitan Council
24.35 	for subgrants for the acquisition,
24.36 	development, and rehabilitation in the
24.37 	metropolitan regional park system,
24.38 	consistent with the Metropolitan
24.39 	Council regional recreation open space
24.40 	capital improvement plan.  This
24.41 	appropriation may not be used for the
24.42 	purchase of residential structures, may
24.43 	be used to reimburse implementing
24.44 	agencies for acquisition as expressly
24.45 	approved in the work program, and must
24.46 	be matched by at least 40 percent of
24.47 	nonstate money.  Subdivision 16 applies
24.48 	to grants awarded in the approved work
24.49 	program.  This appropriation is
24.50 	available until June 30, 2008, at which
24.51 	time the project must be completed and
24.52 	final products delivered, unless an
24.53 	earlier date is specified in the work
24.54 	program.  If a project financed under
24.55 	this program receives a federal grant
24.56 	award, the availability of the
24.57 	financing from this paragraph for that
24.58 	project is extended to equal the period
24.59 	of the federal grant.
24.60 	(f) Gitchi-Gami State Trail                             500,000
24.61 	$250,000 the first year and $250,000
24.62 	the second year are from the trust fund
24.63 	to the commissioner of natural
25.1 	resources, in cooperation with the
25.2 	Gitchi-Gami Trail Association, for the
25.3 	fourth biennium, to design and
25.4 	construct approximately two miles of
25.5 	Gitchi-Gami State Trail segments.  This
25.6 	appropriation is available until June
25.7 	30, 2008, at which time the project
25.8 	must be completed and final products
25.9 	delivered.  If this project receives a
25.10 	federal grant award, the availability
25.11 	of the financing from this paragraph
25.12 	for the project is extended to equal
25.13 	the period of the federal grant.
25.14 	(g) Casey Jones State Trail                           1,200,000
25.15 	$600,000 the first year and $600,000
25.16 	the second year are from the trust fund
25.17 	to the commissioner of natural
25.18 	resources in cooperation with the
25.19 	Friends of the Casey Jones Trail
25.20 	Association for land acquisition and
25.21 	development of the Casey Jones State
25.22 	Trail in southwest Minnesota.  This
25.23 	appropriation is available until June
25.24 	30, 2008, at which time the project
25.25 	must be completed and final products
25.26 	delivered.  If this project receives a
25.27 	federal grant award, the availability
25.28 	of the financing from this paragraph
25.29 	for the project is extended to equal
25.30 	the period of the federal grant.
25.31 	(h) Paul Bunyan State Trail Connection                  400,000
25.32 	$200,000 the first year and $200,000
25.33 	the second year are from the trust fund
25.34 	to the commissioner of natural
25.35 	resources to acquire land to connect
25.36 	the Paul Bunyan State Trail within the
25.37 	city of Bemidji.
25.38 	(i) Minnesota River Trail Planning                      200,000
25.39 	$100,000 the first year and $100,000
25.40 	the second year are from the trust fund
25.41 	to the commissioner of natural
25.42 	resources for an agreement with the
25.43 	University of Minnesota to provide
25.44 	trail planning assistance to three
25.45 	communities along the Minnesota River
25.46 	State Trail.
25.47 	(j) Local Initiative Grants-Parks and Natural Areas   1,200,000
25.48 	$600,000 the first year and $600,000
25.49 	the second year are from the trust fund
25.50 	to the commissioner of natural
25.51 	resources to provide matching grants to
25.52 	local governments for acquisition and
25.53 	development of natural and scenic areas
25.54 	and local parks as provided in
25.55 	Minnesota Statutes, section 85.019,
25.56 	subdivisions 2 and 4a, and regional
25.57 	parks outside of the metropolitan
25.58 	area.  Grants may provide up to 50
25.59 	percent of the nonfederal share of the
25.60 	project cost, except nonmetropolitan
25.61 	regional park grants may provide up to
25.62 	60 percent of the nonfederal share of
25.63 	the project cost.  $500,000 of this
26.1 	appropriation is for land acquisition
26.2 	for a proposed county regional park on
26.3 	Kraemer Lake in Stearns County.  The
26.4 	commission will monitor the grants for
26.5 	approximate balance over extended
26.6 	periods of time between the
26.7 	metropolitan area, under Minnesota
26.8 	Statutes, section 473.121, subdivision
26.9 	2, and the nonmetropolitan area through
26.10 	work program oversight and periodic
26.11 	allocation decisions.  For the purposes
26.12 	of this paragraph, the match must be a
26.13 	nonstate contribution, but may be
26.14 	either cash or qualifying in-kind.
26.15 	Recipients may receive funding for more
26.16 	than one project in any given grant
26.17 	period.  Subdivision 16 applies to
26.18 	grants awarded in the approved work
26.19 	program.  This appropriation is
26.20 	available until June 30, 2008, at which
26.21 	time the project must be completed and
26.22 	final products delivered.
26.23 	(k) Regional Park Planning for Nonmetropolitan
26.24 	Urban Areas                                              86,000
26.25 	$43,000 the first year and $43,000 the
26.26 	second year are from the trust fund to
26.27 	the commissioner of natural resources
26.28 	for an agreement with the University of
26.29 	Minnesota to develop a plan for a
26.30 	system of regional recreation areas for
26.31 	major outstate urban complexes in
26.32 	Minnesota.
26.33 	(l) Local and Regional Trail Grant Initiative Program   700,000
26.34 	$350,000 the first year and $350,000
26.35 	the second year are from the trust fund
26.36 	to the commissioner of natural
26.37 	resources to provide matching grants to
26.38 	local units of government for the cost
26.39 	of acquisition, development,
26.40 	engineering services, and enhancement
26.41 	of existing and new trail facilities.
26.42 	Subdivision 16 applies to grants
26.43 	awarded in the approved work program.
26.44 	This appropriation is available until
26.45 	June 30, 2008, at which time the
26.46 	project must be completed and final
26.47 	products delivered, unless an earlier
26.48 	date is specified in the work program.
26.49 	In addition, if a project financed
26.50 	under this program receives a federal
26.51 	grant award, the availability of the
26.52 	financing from this paragraph for that
26.53 	project is extended to equal the period
26.54 	of the federal grant.
26.55 	(m) Mesabi Trail                                      1,000,000
26.56 	$500,000 the first year and $500,000
26.57 	the second year are from the trust fund
26.58 	to the commissioner of natural
26.59 	resources for an agreement with St.
26.60 	Louis and Lake Counties Regional Rail
26.61 	Authority for the seventh biennium to
26.62 	acquire and develop segments for the
26.63 	Mesabi Trail.  This appropriation is
26.64 	available until June 30, 2008, at which
26.65 	time the project must be completed and
27.1 	final products delivered.  If this
27.2 	project receives a federal grant award,
27.3 	the availability of the financing from
27.4 	this paragraph for the project is
27.5 	extended to equal the period of the
27.6 	federal grant.
27.7 	(n) Cannon Valley Trail Belle Creek Bridge
27.8 	Replacement                                             300,000
27.9 	$150,000 the first year and $150,000
27.10 	the second year are from the trust fund
27.11 	to the commissioner of natural
27.12 	resources for an agreement with the
27.13 	Cannon Valley Trail Joint Powers Board
27.14 	for bridge replacement of the Belle
27.15 	Creek Bridge on the Cannon Valley
27.16 	Trail.  This appropriation must be
27.17 	matched by at least $44,000 of nonstate
27.18 	money.
27.19 	(o) Arrowhead Regional Bike Trail Connections Plan       83,000
27.20 	$42,000 the first year and $41,000 the
27.21 	second year are from the trust fund to
27.22 	the commissioner of natural resources
27.23 	for an agreement with the Arrowhead
27.24 	Regional Development Commission to
27.25 	analyze the Arrowhead's major bike
27.26 	trails and plan new trail connections.
27.27 	(p) Land Acquisition, Minnesota Landscape Arboretum     650,000
27.28 	$325,000 the first year and $325,000
27.29 	the second year are from the trust fund
27.30 	to the University of Minnesota for an
27.31 	agreement with the University of
27.32 	Minnesota Landscape Arboretum
27.33 	Foundation for the sixth biennium to
27.34 	acquire land from willing sellers.
27.35 	This appropriation must be matched by
27.36 	an equal amount of nonstate money.
27.37 	This appropriation is available until
27.38 	June 30, 2008, at which time the
27.39 	project must be completed and final
27.40 	products delivered, unless an earlier
27.41 	date is specified in the work program.
27.42 	(q) Development and Rehabilitation of Minnesota
27.43 	Shooting Ranges                                         300,000
27.44 	$150,000 the first year and $150,000
27.45 	the second year are from the trust fund
27.46 	to the commissioner of natural
27.47 	resources to provide technical
27.48 	assistance and matching grants to local
27.49 	communities and recreational shooting
27.50 	and archery clubs for the purpose of
27.51 	developing or rehabilitating shooting
27.52 	and archery facilities for public use.
27.53 	Recipient facilities must be open to
27.54 	the general public at reasonable times
27.55 	and for a reasonable fee on a walk-in
27.56 	basis.  This appropriation is available
27.57 	until June 30, 2008, at which time the
27.58 	project must be completed and final
27.59 	products delivered, unless an earlier
27.60 	date is specified in the work program.
27.61 	(r) Birding Maps                                        100,000
28.1 	$50,000 the first year and $50,000 the
28.2 	second year are from the trust fund to
28.3 	the commissioner of natural resources
28.4 	for an agreement with Audubon Minnesota
28.5 	to create a new birding trail guide for
28.6 	the North Shore/Arrowhead region and
28.7 	reprint and distribute guides for three
28.8 	existing birding trails.
28.9 		Subd. 7.Water Resources              3,027,000      3,000,000
28.10 	Summary by Fund
28.11 	Trust Fund            2,999,000     3,000,000
28.12 	Great Lakes Protection
28.13 	Account                                28,000
28.14 	(a) Local Water Management Matching Challenge Grants  1,000,000
28.15 	$500,000 the first year and $500,000
28.16 	the second year are from the trust fund
28.17 	to the Board of Water and Soil
28.18 	Resources to accelerate the local water
28.19 	management challenge grant program
28.20 	under Minnesota Statutes, sections
28.21 	103B.3361 to 103B.3369, through
28.22 	matching grants to implement high
28.23 	priority activities in state-approved
28.24 	comprehensive water management plans.
28.25 	For the purposes of this paragraph, the
28.26 	match must be a nonstate contribution,
28.27 	but may be either cash or qualifying
28.28 	in-kind.  The grants may be provided on
28.29 	an advance basis as specified in the
28.30 	work program.  This appropriation is
28.31 	available until June 30, 2008, at which
28.32 	time the project must be completed and
28.33 	final products delivered, unless an
28.34 	earlier date is specified in the work
28.35 	program.
28.36 	(b) Accelerating and Enhancing Surface Water
28.37 	Monitoring for Lakes and Streams                        600,000
28.38 	$300,000 the first year and $300,000
28.39 	the second year are from the trust fund
28.40 	to the commissioner of the Pollution
28.41 	Control Agency for acceleration of
28.42 	agency programs and cooperative
28.43 	agreements with the Minnesota Lakes
28.44 	Association, Rivers Council of
28.45 	Minnesota, and the University of
28.46 	Minnesota to accelerate monitoring
28.47 	efforts through assessments, citizen
28.48 	training, and implementation grants.
28.49 	This appropriation is available until
28.50 	June 30, 2008, at which time the
28.51 	project must be completed and final
28.52 	products delivered, unless an earlier
28.53 	date is specified in the work program.
28.54 	(c) Effects of Land Retirements on the
28.55 	Minnesota River                                         300,000
28.56 	$150,000 the first year and $150,000
28.57 	the second year are from the trust fund
28.58 	to the Board of Water and Soil
28.59 	Resources for a cooperative agreement
28.60 	with the U.S. Geological Survey to
28.61 	evaluate effects of retired or
29.1 	set-aside agricultural lands on the
29.2 	water quality and aquatic habitat of
29.3 	streams in the Minnesota River Basin in
29.4 	order to enhance prioritization of
29.5 	future land retirements.  This
29.6 	appropriation must be matched by an
29.7 	equal amount of nonstate money.  This
29.8 	appropriation is available until June
29.9 	30, 2008, at which time the project
29.10 	must be completed and final products
29.11 	delivered, unless an earlier date is
29.12 	specified in the work program.
29.13 	(d) Recycling Treated Municipal Wastewater for
29.14 	Industrial Water Use                                    300,000
29.15 	$150,000 the first year and $150,000
29.16 	the second year are from the trust fund
29.17 	to the commissioner of natural
29.18 	resources for an agreement with the
29.19 	Metropolitan Council to determine the
29.20 	feasibility of recycling treated
29.21 	municipal wastewater for industrial
29.22 	use, characterize industrial water
29.23 	demand and quality, and determine the
29.24 	costs to treat municipal wastewater to
29.25 	meet specific industrial needs.
29.26 	(e) Unwanted Hormone Therapy:  Protecting Water
29.27 	and Public Health                                       300,000
29.28 	$150,000 the first year and $150,000
29.29 	the second year are from the trust fund
29.30 	to the University of Minnesota to
29.31 	determine where behavior-altering
29.32 	estrogenic compounds come from and how
29.33 	they are distributed in wastewater
29.34 	treatment plants.  This appropriation
29.35 	is available until June 30, 2008, at
29.36 	which time the project must be
29.37 	completed and final products delivered,
29.38 	unless an earlier date is specified in
29.39 	the work program.
29.40 	(f) Climate Change Impacts on Minnesota's
29.41 	Aquatic Resources                                       250,000
29.42 	$125,000 the first year and $125,000
29.43 	the second year are from the trust fund
29.44 	to the University of Minnesota, Natural
29.45 	Resources Research Institute, to
29.46 	quantify climate, hydrologic, and
29.47 	ecological variability and trends; and
29.48 	identify indicators of future climate
29.49 	change effects on aquatic systems.
29.50 	This appropriation is available until
29.51 	June 30, 2008, at which time the
29.52 	project must be completed and final
29.53 	products delivered, unless an earlier
29.54 	date is specified in the work program.
29.55 	(g) Green Roof Cost Share and Monitoring                350,000
29.56 	$175,000 the first year and $175,000
29.57 	the second year are from the trust fund
29.58 	to the commissioner of natural
29.59 	resources for an agreement with Ramsey
29.60 	Conservation District to install green,
29.61 	vegetated roofs on four commercial or
29.62 	industrial buildings in Roseville and
29.63 	Falcon Heights and to monitor their
30.1 	effectiveness for stormwater
30.2 	management, flood reduction, water
30.3 	quality, and energy efficiency.  The
30.4 	cost of the installations must be
30.5 	matched by at least 50 percent nonstate
30.6 	money.
30.7 	(h) Woodchip Biofilter Treatment of Feedlot Runoff      270,000
30.8 	$135,000 the first year and $135,000
30.9 	the second year are from the trust fund
30.10 	to the commissioner of natural
30.11 	resources for agreements with Stearns
30.12 	County Soil and Water Conservation
30.13 	District and the University of
30.14 	Minnesota to treat feedlot runoff with
30.15 	woodchip biofilters to remove
30.16 	pollutants and assess improvements to
30.17 	surface water quality.  This
30.18 	appropriation is available until June
30.19 	30, 2008, at which time the project
30.20 	must be completed and final products
30.21 	delivered, unless an earlier date is
30.22 	specified in the work program.
30.23 	(i) Improving Water Quality on the Central Sands        587,000
30.24 	$294,000 the first year and $293,000
30.25 	the second year are from the trust fund
30.26 	to the commissioner of natural
30.27 	resources for agreements with the
30.28 	University of Minnesota and the Central
30.29 	Lakes College Agricultural Center to
30.30 	reduce nitrate and phosphorus losses to
30.31 	groundwater and surface waters of sandy
30.32 	ecoregions through the development,
30.33 	promotion, and adoption of new farming
30.34 	and land management practices and
30.35 	techniques.  This appropriation is
30.36 	available until June 30, 2008, at which
30.37 	time the project must be completed and
30.38 	final products delivered, unless an
30.39 	earlier date is specified in the work
30.40 	program.
30.41 	(j) Improving Impaired Watersheds:  Conservation
30.42 	Drainage Research                                       300,000
30.43 	$150,000 the first year and $150,000
30.44 	the second year are from the trust fund
30.45 	to the commissioner of agriculture to
30.46 	analyze conservation drainage systems
30.47 	at University of Minnesota research and
30.48 	outreach centers for opportunities to
30.49 	retrofit drainage infrastructure with
30.50 	water quality improvement
30.51 	technologies.  This appropriation is
30.52 	available until June 30, 2008, at which
30.53 	time the project must be completed and
30.54 	final products delivered, unless an
30.55 	earlier date is specified in the work
30.56 	program.
30.57 	(k) Hydrology, Habitat, and Energy Potential
30.58 	of Mine Lakes                                           500,000
30.59 	$188,000 the first year and $211,000
30.60 	the second year are from the trust fund
30.61 	to the commissioner of natural
30.62 	resources for agency work and
30.63 	agreements with Architectural
31.1 	Resources, Inc., and Northeast
31.2 	Technical Services, Inc., for a
31.3 	coordinated effort of the Central Iron
31.4 	Range Initiative to establish ultimate
31.5 	mine water elevations, outflows, and
31.6 	quality; design optimum future mineland
31.7 	configurations for fish habitat and
31.8 	lakeshore development; and evaluate
31.9 	wind-pumped hydropower potential.
31.10 	$62,000 the first year and $39,000 the
31.11 	second year are from the trust fund to
31.12 	the Minnesota Geological Survey at the
31.13 	University of Minnesota to assess the
31.14 	geology and mine pit morphometry.
31.15 	(l) Hennepin County Beach Water Quality
31.16 	Monitoring Project                                      100,000
31.17 	$50,000 the first year and $50,000 the
31.18 	second year are from the trust fund to
31.19 	the commissioner of natural resources
31.20 	for an agreement with Hennepin County
31.21 	to develop a predictive model for
31.22 	on-site determination of beach water
31.23 	quality to prevent outbreaks of
31.24 	waterborne illnesses and provide
31.25 	related water safety outreach to the
31.26 	public.
31.27 	(m) Southwest Minnesota Floodwater Retention Projects   500,000
31.28 	$250,000 the first year and $250,000
31.29 	the second year are from the trust fund
31.30 	to the commissioner of natural
31.31 	resources for an agreement with Area II
31.32 	MN River Basin Projects, Inc., to
31.33 	acquire easements and construct four
31.34 	floodwater retention projects in the
31.35 	Minnesota River Basin to improve water
31.36 	quality and waterfowl habitat.
31.37 	(n) Upgrades to Blue Heron Research Vessel              295,000
31.38 	$28,000 is from the Great Lakes
31.39 	protection account in the first year
31.40 	and $133,000 the first year and
31.41 	$134,000 the second year are from the
31.42 	trust fund to the University of
31.43 	Minnesota, Large Lakes Observatory, to
31.44 	upgrade and overhaul the Blue Heron
31.45 	Research Vessel.
31.46 	(o) Bassett Creek Valley Channel Restoration            175,000
31.47 	$87,000 the first year and $88,000 the
31.48 	second year are from the trust fund to
31.49 	the commissioner of natural resources
31.50 	for an agreement with the city of
31.51 	Minneapolis for design and engineering
31.52 	activities for habitat restoration and
31.53 	water quality and channel improvements
31.54 	for Bassett Creek Valley.
31.55 	(p) Restoration of Indian Lake                          200,000
31.56 	$100,000 the first year and $100,000
31.57 	the second year are from the trust fund
31.58 	to the commissioner of natural
31.59 	resources for agreements with MN
31.60 	Environmental Services and Bemidji
31.61 	State University to demonstrate the
32.1 	removal of excess nutrients from Indian
32.2 	Lake in Wright County.  This
32.3 	appropriation is available until June
32.4 	30, 2008, at which time the project
32.5 	must be completed and final products
32.6 	delivered, unless an earlier date is
32.7 	specified in the work program, and is
32.8 	contingent on all appropriate permits
32.9 	being obtained.
32.10 		Subd. 8.Land Use and Natural Resource
32.11 	Information                            1,000,000      1,000,000
32.12 	Summary by Fund
32.13 	Trust Fund            1,000,000     1,000,000
32.14 	(a) Minnesota County Biological Survey                1,000,000
32.15 	$500,000 the first year and $500,000
32.16 	the second year are from the trust fund
32.17 	to the commissioner of natural
32.18 	resources for the tenth biennium to
32.19 	accelerate the survey that identifies
32.20 	significant natural areas and
32.21 	systematically collects and interprets
32.22 	data on the distribution and ecology of
32.23 	native plant communities, rare plants,
32.24 	and rare animals.
32.25 	(b) Soil Survey                                         500,000
32.26 	$250,000 the first year and $250,000
32.27 	the second year are from the trust fund
32.28 	to the Board of Water and Soil
32.29 	Resources to accelerate digitizing of
32.30 	completed soil surveys for Web-based
32.31 	user application and for agreements
32.32 	with Pine and Crow Wing Counties to
32.33 	begin soil surveys.  The new soil
32.34 	surveys must be done on a cost-share
32.35 	basis with local and federal funds.
32.36 	This appropriation is available until
32.37 	June 30, 2008, at which time the
32.38 	project must be completed and final
32.39 	products delivered, unless an earlier
32.40 	date is specified in the work program.
32.41 	(c) Land Cover Mapping for Natural Resource Protection  250,000
32.42 	$125,000 the first year and $125,000
32.43 	the second year are from the trust fund
32.44 	to the commissioner of natural
32.45 	resources for an agreement with
32.46 	Hennepin County to develop GIS tools
32.47 	for prioritizing natural areas for
32.48 	protection and restoration and to
32.49 	update and complete land cover
32.50 	classification mapping.
32.51 	(d) Open Space Planning and Protection                  250,000
32.52 	$125,000 the first year and $125,000
32.53 	the second year are from the trust fund
32.54 	to the commissioner of natural
32.55 	resources for an agreement with Anoka
32.56 	Conservation District to protect open
32.57 	space by identifying high priority
32.58 	natural resource corridors through
32.59 	planning, conservation easements, and
32.60 	land dedication as part of development
33.1 	processes.
33.2 		Subd. 9.Agriculture and Natural
33.3 	Resource Industries                    1,342,000      1,341,000
33.4 	Summary by Fund
33.5 	Trust Fund            1,342,000     1,341,000
33.6 	(a) Completing Third-Party Certification
33.7 	of DNR Forest Lands                                     250,000
33.8 	$125,000 the first year and $125,000
33.9 	the second year are from the trust fund
33.10 	to the commissioner of natural
33.11 	resources for third-party assessment
33.12 	and certification of 4,470,000 acres of
33.13 	DNR-administered lands under forest
33.14 	sustainability standards established by
33.15 	two internationally recognized forest
33.16 	certification systems, the Forest
33.17 	Stewardship Council system, and the
33.18 	Sustainable Forestry Initiative system.
33.19 	(b) Third-Party Certification of Private Woodlands      376,000
33.20 	$188,000 the first year and $188,000
33.21 	the second year are from the trust fund
33.22 	to the University of Minnesota, Cloquet
33.23 	Forestry Center, to pilot a third-party
33.24 	certification assessment framework for
33.25 	nonindustrial private forest owners.
33.26 	(c) Sustainable Management of Private Forest Lands      874,000
33.27 	$437,000 the first year and $437,000
33.28 	the second year are from the trust fund
33.29 	to the commissioner of natural
33.30 	resources to develop stewardship plans
33.31 	for private forested lands, implement
33.32 	stewardship plans on a cost-share basis
33.33 	and for conservation easements matching
33.34 	federal funds.  This appropriation is
33.35 	available until June 30, 2008, at which
33.36 	time the project must be completed and
33.37 	final products delivered, unless an
33.38 	earlier date is specified in the work
33.39 	program.
33.40 	(d) Evaluating Riparian Timber Harvesting
33.41 	Guidelines:  Phase 2                                    333,000
33.42 	$167,000 the first year and $166,000
33.43 	the second year are from the trust fund
33.44 	to the University of Minnesota for a
33.45 	second biennium to assess the timber
33.46 	harvesting riparian management
33.47 	guidelines for postharvest impacts on
33.48 	terrestrial, aquatic, and wildlife
33.49 	habitat.  This appropriation is
33.50 	available until June 30, 2008, at which
33.51 	time the project must be completed and
33.52 	final products delivered, unless an
33.53 	earlier date is specified in the work
33.54 	program.
33.55 	(e) Third Crops for Water Quality-Phase 2                 500,000
33.56 	$250,000 the first year and $250,000
33.57 	the second year are from the trust fund
33.58 	to the commissioner of natural
34.1 	resources for cooperative agreements
34.2 	with Rural Advantage and the University
34.3 	of Minnesota to accelerate adoption of
34.4 	third crops to enhance water quality,
34.5 	diversify cropping systems, supply
34.6 	bioenergy, and provide wildlife habitat
34.7 	through demonstration, research, and
34.8 	education.  This appropriation is
34.9 	available until June 30, 2008, at which
34.10 	time the project must be completed and
34.11 	final products delivered, unless an
34.12 	earlier date is specified in the work
34.13 	program.
34.14 	(f) Bioconversion of Potato Waste into
34.15 	Marketable Biopolymers                                  350,000
34.16 	$175,000 the first year and $175,000
34.17 	the second year are from the trust fund
34.18 	to the commissioner of natural
34.19 	resources for an agreement with Bemidji
34.20 	State University to evaluate the
34.21 	bioconversion of potato waste into
34.22 	plant-based plastics.  This
34.23 	appropriation is available until June
34.24 	30, 2008, at which time the project
34.25 	must be completed and final products
34.26 	delivered, unless an earlier date is
34.27 	specified in the work program.
34.28 		Subd. 10.Energy                      1,896,000      1,896,000
34.29 	Summary by Fund
34.30 	Trust Fund            1,896,000     1,896,000
34.31 	(a) Clean Energy Resource Teams and Community Wind
34.32 	Energy Rebate Programs                                  700,000
34.33 	$350,000 the first year and $350,000
34.34 	the second year are from the trust fund
34.35 	to the commissioner of commerce.
34.36 	$300,000 of this appropriation is to
34.37 	provide technical assistance to
34.38 	implement cost-effective conservation,
34.39 	energy efficiency, and renewable energy
34.40 	projects.  $400,000 of this
34.41 	appropriation is to assist two
34.42 	Minnesota communities in developing
34.43 	locally owned wind energy projects by
34.44 	offering financial assistance rebates.
34.45 	(b) Planning for Economic Development
34.46 	via Energy Independence                                 240,000
34.47 	$120,000 the first year and $120,000
34.48 	the second year are from the trust fund
34.49 	to the commissioner of natural
34.50 	resources for an agreement with the
34.51 	University of Minnesota-Duluth to
34.52 	evaluate the socioeconomic benefits of
34.53 	statewide and community renewable
34.54 	energy production and distribution by
34.55 	analyzing system installation,
34.56 	technical capabilities,
34.57 	cost-competitiveness, economic impacts,
34.58 	and policy incentives.
34.59 	(c) Manure Methane Digester Compatible Wastes
34.60 	and Electrical Generation                               100,000
35.1 	$50,000 the first year and $50,000 the
35.2 	second year are from the trust fund to
35.3 	the commissioner of agriculture to
35.4 	research the potential for a centrally
35.5 	located, multifarm manure digester and
35.6 	the potential use of compatible waste
35.7 	streams with manure digesters.
35.8 	(d) Dairy Farm Digesters                                336,000
35.9 	$168,000 the first year and $168,000
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 	Minnesota Project for a pilot project
35.14 	to evaluate anaerobic digester
35.15 	technology on average size dairy farms
35.16 	of 50 to 300 cows.
35.17 	(e) Wind to Hydrogen Demonstration                      800,000
35.18 	$400,000 the first year and $400,000
35.19 	the second year are from the trust fund
35.20 	to the commissioner of natural
35.21 	resources for an agreement with the
35.22 	University of Minnesota, West Central
35.23 	Research and Outreach Center, to
35.24 	develop a model community-scale
35.25 	wind-to-hydrogen facility.
35.26 	(f) Natural Gas Production from
35.27 	Agricultural Biomass                                    100,000
35.28 	$50,000 the first year and $50,000 the
35.29 	second year are from the trust fund to
35.30 	the commissioner of natural resources
35.31 	for an agreement with Sebesta Blomberg
35.32 	and Associates to demonstrate potential
35.33 	natural gas yield using anaerobic
35.34 	digestion of blends of chopped grasses
35.35 	or crop residue with hog manure and
35.36 	determine optimum operating conditions
35.37 	for conversion to natural gas.
35.38 	(g) Biomass-Derived Oils for Generating Electricity
35.39 	and Reducing Emissions                                  150,000
35.40 	$75,000 the first year and $75,000 the
35.41 	second year are from the trust fund to
35.42 	the University of Minnesota to evaluate
35.43 	the environmental and performance
35.44 	benefits of using renewable
35.45 	biomass-derived oils, such as soybean
35.46 	oil, for generating electricity.
35.47 	(h) Phillips Biomass Community Energy System            900,000
35.48 	$450,000 the first year and $450,000
35.49 	the second year are from the trust fund
35.50 	to the commissioner of natural
35.51 	resources for an agreement with
35.52 	Phillips Community Energy Cooperative
35.53 	to assist in the distribution system
35.54 	equipment and construction costs for a
35.55 	biomass district energy system.  This
35.56 	appropriation is contingent on all
35.57 	appropriate permits being obtained and
35.58 	a signed commitment of financing for
35.59 	the biomass electrical generating
35.60 	facility being in place.
36.1 	(i) Laurentian Energy Authority Biomass Project         466,000
36.2 	$233,000 the first year and $233,000
36.3 	the second year are from the trust fund
36.4 	to the commissioner of natural
36.5 	resources for an agreement with
36.6 	Virginia Public Utility to lease land
36.7 	and plant approximately 1,000 acres of
36.8 	trees to support a proposed conversion
36.9 	to a biomass power plant.
36.10 		Subd. 11.Environmental Education       360,000        360,000
36.11 	Summary by Fund
36.12 	Trust Fund              360,000       360,000
36.13 	(a) Enhancing Civic Understanding of Groundwater        150,000
36.14 	$75,000 the first year and $75,000 the
36.15 	second year are from the trust fund to
36.16 	the commissioner of natural resources
36.17 	for an agreement with the Science
36.18 	Museum of Minnesota to create
36.19 	groundwater exhibits and a statewide
36.20 	traveling groundwater classroom
36.21 	program.  This appropriation is
36.22 	available until June 30, 2008, at which
36.23 	time the project must be completed and
36.24 	final products delivered, unless an
36.25 	earlier date is specified in the work
36.26 	program.
36.27 	(b) Cedar Creek Natural History Area Interpretive
36.28 	Center and Restoration                                  400,000
36.29 	$200,000 the first year and $200,000
36.30 	the second year are from the trust fund
36.31 	to the commissioner of natural
36.32 	resources for an agreement with the
36.33 	University of Minnesota, Cedar Creek
36.34 	Natural History Area, to restore 400
36.35 	acres of savanna and prairie; construct
36.36 	a Science Interpretive Center to
36.37 	publicly demonstrate technologies for
36.38 	energy efficiency; and create
36.39 	interpretive trails.  This
36.40 	appropriation is available until June
36.41 	30, 2008, at which time the project
36.42 	must be completed and final products
36.43 	delivered, unless an earlier date is
36.44 	specified in the work program.
36.45 	(c) Environmental Problem-Solving Model
36.46 	for Twin Cities Schools                                  75,000
36.47 	$38,000 the first year and $37,000 the
36.48 	second year are from the trust fund to
36.49 	the commissioner of natural resources
36.50 	for an agreement with Eco Education to
36.51 	train high school students and teachers
36.52 	on environmental problem solving.
36.53 	(d) Tamarack Nature Center Exhibits                      95,000
36.54 	$47,000 the first year and $48,000 the
36.55 	second year are from the trust fund to
36.56 	the commissioner of natural resources
36.57 	for an agreement with Ramsey County
36.58 	Parks and Recreation Department to
36.59 	develop interactive ecological exhibits
37.1 	at Tamarack Nature Center.
37.2 		Subd. 12.Children's Environmental
37.3 	Health                                   100,000        100,000
37.4 	Summary by Fund
37.5 	Trust Fund              100,000       100,000
37.6 	Minnesota Children's Pesticide Exposure
37.7 	Reduction Initiative                                    200,000
37.8 	$100,000 the first year and $100,000
37.9 	the second year are appropriated to the
37.10 	commissioner of agriculture to reduce
37.11 	children's pesticide exposure through
37.12 	parent education on alternative pest
37.13 	control methods and safe pesticide use.
37.14 		Subd. 13.Data Availability Requirements
37.15 	(a) During the biennium ending June 30,
37.16 	2007, data collected by the projects
37.17 	funded under this section that have
37.18 	value for planning and management of
37.19 	natural resource, emergency
37.20 	preparedness, and infrastructure
37.21 	investments must conform to the
37.22 	enterprise information architecture
37.23 	developed by the Office of Technology.
37.24 	Spatial data must conform to geographic
37.25 	information system guidelines and
37.26 	standards outlined in that architecture
37.27 	and adopted by the Minnesota Geographic
37.28 	Data Clearinghouse at the Land
37.29 	Management Information Center.  A
37.30 	description of these data that adheres
37.31 	to Office of Technology geographic
37.32 	metadata standards must be submitted to
37.33 	the Land Management Information Center
37.34 	to be made available on-line through
37.35 	the clearinghouse, and the data
37.36 	themselves must be accessible and free
37.37 	to the public unless made private under
37.38 	the Data Practices Act, Minnesota
37.39 	Statutes, chapter 13.
37.40 	(b) To the extent practicable, summary
37.41 	data and results of projects funded
37.42 	under this section should be readily
37.43 	accessible on the Internet and
37.44 	identified as an environment and
37.45 	natural resources trust fund project.
37.46 	(c) As part of project expenditures,
37.47 	recipients of land acquisition
37.48 	appropriations must provide the
37.49 	information necessary to update public
37.50 	recreation information maps to the
37.51 	Department of Natural Resources in the
37.52 	form specified by the department.
37.53 		Subd. 14.Project Requirements
37.54 	It is a condition of acceptance of the
37.55 	appropriations in this section that any
37.56 	agency or entity receiving the
37.57 	appropriation must comply with
37.58 	Minnesota Statutes, chapter 116P, and
37.59 	vegetation planted must be native to
37.60 	Minnesota and preferably of the local
38.1 	ecotype unless the work program
38.2 	approved by the commission expressly
38.3 	allows the planting of species that are
38.4 	not native to Minnesota.
38.5 		Subd. 15.Match Requirements
38.6 	Unless specifically authorized,
38.7 	appropriations in this section that
38.8 	must be matched and for which the match
38.9 	has not been committed by December 31,
38.10 	2005, are canceled, and in-kind
38.11 	contributions may not be counted as
38.12 	matching funds.
38.13 		Subd. 16.Payment Conditions and Capital Equipment Expenditures
38.14 	All agreements, grants, or contracts
38.15 	referred to in this section must be
38.16 	administered on a reimbursement basis
38.17 	unless otherwise provided in this
38.18 	section.  Notwithstanding Minnesota
38.19 	Statutes, section 16A.41, expenditures
38.20 	made on or after July 1, 2005, or the
38.21 	date the work program is approved,
38.22 	whichever is later, are eligible for
38.23 	reimbursement unless otherwise provided
38.24 	in this section.  Payment must be made
38.25 	upon receiving documentation that
38.26 	project-eligible, reimbursable dollar
38.27 	amounts have been expended, except that
38.28 	reasonable amounts may be advanced to
38.29 	projects to accommodate cash flow needs
38.30 	or match federal funds.  The advances
38.31 	must be approved as part of the work
38.32 	program.  No expenditures for capital
38.33 	equipment are allowed unless expressly
38.34 	authorized in the project work program.
38.35 		Subd. 17.Purchase of Recycled and Recyclable Materials
38.36 	A political subdivision, public or
38.37 	private corporation, or other entity
38.38 	that receives an appropriation in this
38.39 	section must use the appropriation in
38.40 	compliance with Minnesota Statutes,
38.41 	sections 16B.121 and 16B.122, requiring
38.42 	the purchase of recycled, repairable,
38.43 	and durable materials; the purchase of
38.44 	uncoated paper stock; and the use of
38.45 	soy-based ink, the same as if it were a
38.46 	state agency.
38.47 		Subd. 18.Energy Conservation
38.48 	A recipient to whom an appropriation is
38.49 	made in this section for a capital
38.50 	improvement project shall ensure that
38.51 	the project complies with the
38.52 	applicable energy conservation
38.53 	standards contained in law, including
38.54 	Minnesota Statutes, sections 216C.19
38.55 	and 216C.20, and rules adopted
38.56 	thereunder.  The recipient may use the
38.57 	energy planning, advocacy, and state
38.58 	energy office units of the Department
38.59 	of Commerce to obtain information and
38.60 	technical assistance on energy
38.61 	conservation and alternative energy
38.62 	development relating to the planning
38.63 	and construction of the capital
39.1 	improvement project.
39.2 		Subd. 19.Accessibility
39.3 	Structural and nonstructural facilities
39.4 	must meet the design standards in the
39.5 	Americans with Disability Act (ADA)
39.6 	accessibility guidelines.

39.7 	Sec. 11. Minnesota Statutes 2004, section 16A.125,
39.8 	subdivision 5, is amended to read:
39.9 		Subd. 5.Forest trust lands. (a) The term "state forest
39.10 	trust fund lands" as used in this subdivision, means public land
39.11 	in trust under the Constitution set apart as "forest lands under
39.12 	the authority of the commissioner" of natural resources as
39.13 	defined by section 89.001, subdivision 13.
39.14 	(b) The commissioner of finance shall credit the revenue
39.15 	from the forest trust fund lands to the forest suspense
39.16 	account.  The account must specify the trust funds interested in
39.17 	the lands and the respective receipts of the lands.
39.18 	(c) After a fiscal year, the commissioner of finance shall
39.19 	certify the total costs incurred for forestry during that year
39.20 	under appropriations for the protection, improvement,
39.21 	administration, and management of state forest trust fund lands
39.22 	and construction and improvement of forest roads to enhance the
39.23 	forest value of the lands.  The certificate must specify the
39.24 	trust funds interested in the lands.  The commissioner of
39.25 	natural resources shall supply the commissioner of finance with
39.26 	the information needed for the certificate.
39.27 	(d) After a fiscal year and after the appropriation in
39.28 	subdivision 11, the commissioner shall distribute the receipts
39.29 	credited to the suspense account during that fiscal year as
39.30 	follows:
39.31 	(a) (1) the amount of the certified costs incurred by the
39.32 	state for forest management, forest improvement, and road
39.33 	improvement during the fiscal year shall be transferred to
39.34 	the general fund.forest management investment account
39.35 	established under section 89.039;
39.36 	(2) the balance of the certified costs incurred by the
39.37 	state during the fiscal year shall be transferred to the general
40.1 	fund; and 
40.2 	(b) (3) the balance of the receipts shall then be returned
40.3 	prorated to the trust funds in proportion to their respective
40.4 	interests in the lands which produced the receipts.

40.5 	Sec. 12. Minnesota Statutes 2004, section 84.027,
40.6 	subdivision 12, is amended to read:
40.7 		Subd. 12.Property disposal; gift acknowledgment;
40.8 	advertising sales.  (a) The commissioner may give away to
40.9 	members of the public items with a value of less than $10 $50 
40.10 	that are intended to promote conservation of natural resources
40.11 	or create awareness of the state and its resources or natural
40.12 	resource management programs.  The total value of items given to
40.13 	the public under this paragraph may not exceed $25,000 per year.
40.14 	(b) The commissioner may recognize the contribution of
40.15 	money or in-kind services on plaques, signs, publications,
40.16 	audio-visual materials, and media advertisements by allowing the
40.17 	organization's contribution to be acknowledged in print of
40.18 	readable size.
40.19 	(c) The commissioner may accept paid advertising for
40.20 	departmental publications.  Advertising revenues received are
40.21 	appropriated to the commissioner to be used to defray costs of
40.22 	publications, media productions, or other informational
40.23 	materials.  The commissioner may not accept paid advertising
40.24 	from any elected official or candidate for elective office.

40.25 	Sec. 13. Minnesota Statutes 2004, section 84.027,
40.26 	subdivision 15, is amended to read:
40.27 		Subd. 15.Electronic transactions.  (a) The commissioner
40.28 	may receive an application for, sell, and issue any license,
40.29 	stamp, permit, pass, sticker, duplicate safety training
40.30 	certification,registration, or transfer under the jurisdiction
40.31 	of the commissioner by electronic means, including by telephone.
40.32 	Notwithstanding section 97A.472, electronic and telephone
40.33 	transactions may be made outside of the state.  The commissioner
40.34 	may:
40.35 	(1) provide for the electronic transfer of funds generated
40.36 	by electronic transactions, including by telephone;
41.1 	(2) assign a license an identification number to an
41.2 	applicant who purchases a hunting or fishing license or
41.3 	recreational vehicle registration by electronic means, to serve
41.4 	as temporary authorization to engage in the licensed 
41.5 	activity requiring a license or registration until the license
41.6 	or registration is received or expires;
41.7 	(3) charge and permit agents to charge a fee of individuals
41.8 	who make electronic transactions and transactions by
41.9 	telephone or Internet, including the issuing fee under section
41.10 	97A.485, subdivision 6,fees and an additional transaction fee
41.11 	not to exceed $3.50;
41.12 	(4) collect issuing or filing fees as provided under
41.13 	sections 84.788, subdivision 3, paragraph (e); 84.798,
41.14 	subdivision 3, paragraph (b); 84.82, subdivision 2, paragraph
41.15 	(d); 84.8205, subdivisions 5 and 6; 84.922, subdivision 2,
41.16 	paragraph (e); 85.41, subdivision 5; 86B.415, subdivision 8; and
41.17 	97A.485, subdivision 6, and collect establish, by written order,
41.18 	an electronic licensing system commission on to be paid by
41.19 	revenues generated from all sales of licenses as provided under
41.20 	sections 85.43, paragraph (b), and 97A.485, subdivision 7made
41.21 	through the electronic licensing system.  The commissioner shall
41.22 	establish the commission in a manner that neither significantly
41.23 	overrecovers nor underrecovers costs involved in providing the
41.24 	electronic licensing system; and
41.25 	(5) adopt rules to administer the provisions of this
41.26 	subdivision.
41.27 	(b) Establishment of The transaction fee fees established 
41.28 	under paragraph (a), clause (3), and the commission established
41.29 	under paragraph (a), clause (4), is are not subject to the
41.30 	rulemaking procedures of chapter 14 and section 14.386 does not
41.31 	apply.
41.32 	(c) Money received from fees and commissions collected
41.33 	under this subdivision, including interest earned, is annually
41.34 	appropriated from the game and fish fund and the natural
41.35 	resources fund to the commissioner for the cost of electronic
41.36 	licensing.
42.1 	
EFFECTIVE DATE. This section is effective July 6, 2005.

42.2 	Sec. 14. Minnesota Statutes 2004, section 84.027, is
42.3 	amended by adding a subdivision to read:
42.4 		Subd. 17.Background checks for volunteer
42.5 	instructors. (a) The commissioner may conduct background checks
42.6 	for volunteer instructor applicants for department safety
42.7 	training and education programs, including the programs
42.8 	established under sections 84.791 (youth off-highway motorcycle
42.9 	safety education and training), 84.86 and 84.862 (youth and
42.10 	adult snowmobile safety training), 84.925 (youth all-terrain
42.11 	vehicle safety education and training), 97B.015 (youth firearms
42.12 	safety training), and 97B.025 (hunter and trapper education and
42.13 	training).
42.14 	(b) The commissioner shall perform the background check by
42.15 	retrieving criminal history data maintained in the criminal
42.16 	justice information system (CJIS) and other data sources.
42.17 	(c) The commissioner shall develop a standardized form to
42.18 	be used for requesting a background check, which must include:
42.19 	(1) a notification to the applicant that the commissioner
42.20 	will conduct a background check under this section;
42.21 	(2) a notification to the applicant of the applicant's
42.22 	rights under paragraph (d); and 
42.23 	(3) a signed consent by the applicant to conduct the
42.24 	background check expiring one year from date of signature.
42.25 	(d) The volunteer instructor applicant who is the subject
42.26 	of a background check has the right to:
42.27 	(1) be informed that the commissioner will request a
42.28 	background check on the applicant;
42.29 	(2) be informed by the commissioner of the results of the
42.30 	background check and obtain a copy of the background check;
42.31 	(3) obtain any record that forms the basis for the
42.32 	background check and report;
42.33 	(4) challenge the accuracy and completeness of the
42.34 	information contained in the report or a record; and 
42.35 	(5) be informed by the commissioner if the applicant is
42.36 	rejected because of the result of the background check.

43.1 	Sec. 15. Minnesota Statutes 2004, section 84.0274, is
43.2 	amended by adding a subdivision to read:
43.3 		Subd. 9.Exception for nonprofit organizations and
43.4 	governmental entities. When the commissioner acquires land or
43.5 	interests in land from a nonprofit organization or governmental
43.6 	entity, any or all of the provisions of this section may be
43.7 	waived by mutual agreement of the commissioner and the nonprofit
43.8 	organization or governmental entity.

43.9 	Sec. 16. Minnesota Statutes 2004, section 84.0274, is
43.10 	amended by adding a subdivision to read:
43.11 		Subd. 10.Right of first refusal agreement. The
43.12 	commissioner may enter into a right of first refusal agreement
43.13 	with a landowner prior to determining the value of the land.  No
43.14 	right of first refusal agreement shall be made for a period of
43.15 	greater than two years and payment to the landowner for entry
43.16 	into the agreement shall not exceed $5,000.

43.17 	Sec. 17. Minnesota Statutes 2004, section 84.0911,
43.18 	subdivision 2, is amended to read:
43.19 		Subd. 2.Receipts.  Money received from the sale of wild
43.20 	rice licenses issued by the commissioner under section 84.091,
43.21 	subdivision 3, paragraph (a), clauses (1), (3), and (4), and
43.22 	subdivision 3, paragraph (b), except for the electronic
43.23 	licensing system commission established by the commissioner
43.24 	under section 84.027, subdivision 15,shall be credited to the
43.25 	wild rice management account.
43.26 	
EFFECTIVE DATE. This section is effective July 6, 2005.

43.27 	Sec. 18. Minnesota Statutes 2004, section 84.631, is
43.28 	amended to read:
43.29 	84.631 ROAD EASEMENTS ACROSS STATE LANDS.
43.30 	(a) Except as provided in section 85.015, subdivision 1b,
43.31 	the commissioner, on behalf of the state, may convey a road
43.32 	easement across state land under the commissioner's jurisdiction
43.33 	other than school trust land, to a private person requesting an
43.34 	easement for access to property owned by the person only if the
43.35 	following requirements are met:  (1) there are no reasonable
43.36 	alternatives to obtain access to the property; and (2) the
44.1 	exercise of the easement will not cause significant adverse
44.2 	environmental or natural resource management impacts.
44.3 	(b) The commissioner shall:
44.4 	(1) require the applicant to pay the market value of the
44.5 	easement;
44.6 	(2) provide that the easement reverts to the state in the
44.7 	event of nonuse; and
44.8 	(3) impose other terms and conditions of use as necessary
44.9 	and appropriate under the circumstances.
44.10 	(c) An applicant shall submit a fee of up to $2,000 with
44.11 	each application for a road easement across state land.  The
44.12 	commissioner must give the applicant an estimate of the costs of
44.13 	the road easement before the applicant submits the fee.  The
44.14 	application fee is nonrefundable, even if the application is
44.15 	withdrawn or denied.
44.16 	(d) Fees collected under paragraph (c) must be deposited in
44.17 	the land management account in the natural resources fund.

44.18 	Sec. 19. Minnesota Statutes 2004, section 84.775,
44.19 	subdivision 1, is amended to read:
44.20 		Subdivision 1.Civil citation; authority to issue.  (a) A
44.21 	conservation officer or other licensed peace officer may issue a
44.22 	civil citation to a person who operates:
44.23 	(1) an off-highway motorcycle in violation of sections
44.24 	84.773, subdivision 1 or 2, clause (1); 84.777; 84.788 to
44.25 	84.795; or 84.90;
44.26 	(2) an off-road vehicle in violation of sections 84.773,
44.27 	subdivision 1 or 2, clause (1); 84.777; 84.798 to 84.804; or
44.28 	84.90; or
44.29 	(3) an all-terrain vehicle in violation of sections 84.773,
44.30 	subdivision 1 or 2, clause (1); 84.777; 84.90; or 84.922 to
44.31 	84.928.
44.32 	(b) A civil citation under paragraph (a) shall require
44.33 	restitution for public and private property damage and impose a
44.34 	penalty of:
44.35 	(1) $100 for the first offense;
44.36 	(2) $200 for the second offense; and
45.1 	(3) $500 for third and subsequent offenses.
45.2 	(c) A conservation officer or other licensed peace officer
45.3 	may issue a civil citation to a person who operates an
45.4 	off-highway motorcycle, off-road vehicle, or all-terrain vehicle
45.5 	in violation of section 84.773, subdivision 2, clause (2) or
45.6 	(3).  A civil citation under this paragraph shall require
45.7 	restitution for damage to wetlands and impose a penalty of:
45.8 	(1) $100 for the first offense;
45.9 	(2) $500 for the second offense; and 
45.10 	(3) $1,000 for third and subsequent offenses.
45.11 	(d) If the peace officer determines that there is damage to
45.12 	property requiring restitution, the commissioner must send a
45.13 	written explanation of the extent of the damage and the cost of
45.14 	the repair by first class mail to the address provided by the
45.15 	person receiving the citation within 15 days of the date of the
45.16 	citation.
45.17 	(e) An off-road vehicle or all-terrain vehicle that is
45.18 	equipped with a snorkel device and receives a civil citation
45.19 	under this section is subject to twice the penalty amounts in
45.20 	paragraphs (b) and (c).

45.21 	Sec. 20. [84.781] USE OF DEPARTMENT RESOURCES.
45.22 	The commissioner of natural resources may permit Department
45.23 	of Natural Resources personnel and equipment from the Division
45.24 	of Trails and Waterways to be used to assist local units of
45.25 	government in developing and maintaining off-highway vehicle
45.26 	grant-in-aid trails located on property owned by or under the
45.27 	control of the local unit of government.

45.28 	Sec. 21. [84.785] OFF-HIGHWAY VEHICLE SAFETY AND
45.29 	CONSERVATION GRANT PROGRAM.
45.30 		Subdivision 1.Creation. The commissioner of natural
45.31 	resources shall establish an off-highway vehicle safety and
45.32 	conservation grant program to award grants to organizations that
45.33 	meet the eligibility requirements under subdivision 3.
45.34 		Subd. 2.Purpose. The purpose of the off-highway vehicle
45.35 	safety and conservation grant program is to encourage
45.36 	off-highway vehicle clubs to assist in safety and environmental
46.1 	education and in improving, maintaining, and monitoring trails
46.2 	on state forest land and other public lands.
46.3 		Subd. 3.Eligibility. To be eligible for a grant under
46.4 	this section, an organization must:
46.5 	(1) be a statewide Minnesota organization that has been in
46.6 	existence at least five years and that promotes the operation of
46.7 	off-highway vehicles in a manner that is safe, responsible, and
46.8 	does not harm the environment;
46.9 	(2) promote the operation of off-highway vehicles in a
46.10 	manner that does not conflict with the laws and rules that
46.11 	relate to the operation of off-highway vehicles;
46.12 	(3) have an interest limited to the operation of motorized
46.13 	vehicles on motorized trails and other designated areas;
46.14 	(4) have a board of directors that has 80 percent of its
46.15 	members who are representatives of all-terrain vehicle clubs,
46.16 	off-highway motorcycle clubs, or off-road vehicle clubs; and 
46.17 	(5) provide support to off-highway vehicle clubs.
46.18 		Subd. 4.Use of grants. An organization receiving a
46.19 	grant under this section shall use the grant money to promote
46.20 	and provide support to the Department of Natural Resources by:
46.21 	(1) encouraging off-highway vehicle clubs to assist in
46.22 	improving, maintaining, and monitoring trails on state forest
46.23 	land and other public lands;
46.24 	(2) providing assistance to the department in locating,
46.25 	recruiting, and training instructors;
46.26 	(3) assisting the commissioner and the director of tourism
46.27 	in creating an outreach program to inform local communities of
46.28 	appropriate off-highway vehicle use in their communities and of
46.29 	the economic benefits and costs that may be attributed to
46.30 	promoting tourism to attract off-highway vehicles;
46.31 	(4) publishing a manual in cooperation with the
46.32 	commissioner that will be used to train volunteers in monitoring
46.33 	the operation of off-highway vehicles for safety, environmental,
46.34 	and other issues that relate to the responsible operation of
46.35 	off-highway vehicles; and 
46.36 	(5) collecting data on the operation of off-highway
47.1 	vehicles in the state.

47.2 	Sec. 22. [84.7851] WORKER DISPLACEMENT PROHIBITED.
47.3 	The commissioner may not enter into any agreement that has
47.4 	the purpose of or results in the displacement of public
47.5 	employees by volunteers participating in an off-highway safety
47.6 	and conservation program.  The commissioner must certify to the
47.7 	appropriate bargaining agent that the work performed by a
47.8 	volunteer will not result in the displacement of currently
47.9 	employed workers or workers on seasonal layoff or layoff from a
47.10 	substantially equivalent position, including partial
47.11 	displacement such as reduction in hours of nonovertime work,
47.12 	wages, or other employment benefits.

47.13 	Sec. 23. Minnesota Statutes 2004, section 84.788,
47.14 	subdivision 3, is amended to read:
47.15 		Subd. 3.Application; issuance; reports.  (a) Application
47.16 	for registration or continued registration must be made to the
47.17 	commissioner or an authorized deputy registrar of motor vehicles
47.18 	in a form prescribed by the commissioner.  The form must state
47.19 	the name and address of every owner of the off-highway
47.20 	motorcycle.
47.21 	(b) A person who purchases from a retail dealer an
47.22 	off-highway motorcycle shall make application for registration
47.23 	to the dealer at the point of sale.  The dealer shall issue a
47.24 	temporary ten-day registration permit to each purchaser who
47.25 	applies to the dealer for registration.  The dealer shall submit
47.26 	the completed registration applications and fees to the deputy
47.27 	registrar at least once each week.  No fee may be charged by a
47.28 	dealer to a purchaser for providing the temporary permit.
47.29 	(c) Upon receipt of the application and the appropriate
47.30 	fee, the commissioner or deputy registrar shall issue to the
47.31 	applicant, or provide to the dealer, a 60-day temporary receipt
47.32 	and shall assign a an assigned registration number that or a
47.33 	commissioner or deputy registrar temporary ten-day permit.  Once
47.34 	issued, the registration number must be affixed to the
47.35 	motorcycle in a manner prescribed by the commissioner according
47.36 	to paragraph (f).  A dealer subject to paragraph (b) shall
48.1 	provide the registration materials and or temporary
48.2 	receipt permit to the purchaser within the ten-day temporary
48.3 	permit period.
48.4 	(d) The commissioner shall develop a registration system to
48.5 	register vehicles under this section.  A deputy registrar of
48.6 	motor vehicles acting under section 168.33, is also a deputy
48.7 	registrar of off-highway motorcycles.  The commissioner of
48.8 	natural resources in agreement with the commissioner of public
48.9 	safety may prescribe the accounting and procedural requirements
48.10 	necessary to ensure efficient handling of registrations and
48.11 	registration fees.  Deputy registrars shall strictly comply with
48.12 	the accounting and procedural requirements.
48.13 	(e) In addition to other fees prescribed by law, a filing
48.14 	fee of $4.50 is charged for each off-highway motorcycle
48.15 	registration renewal, duplicate or replacement registration
48.16 	card, and replacement decal and a filing fee of $7 is charged
48.17 	for each off-highway motorcycle registration and registration
48.18 	transfer issued by:
48.19 	(1) a deputy registrar and must be deposited in the
48.20 	treasury of the jurisdiction where the deputy is appointed, or
48.21 	kept if the deputy is not a public official; or
48.22 	(2) the commissioner and must be deposited in the state
48.23 	treasury and credited to the off-highway motorcycle account.
48.24 	(f) Unless exempted in paragraph (g), the owner of an
48.25 	off-highway motorcycle must display a registration decal issued
48.26 	by the commissioner.  If the motorcycle is licensed as a motor
48.27 	vehicle, a registration decal must be affixed on the upper left
48.28 	corner of the rear license plate.  If the motorcycle is not
48.29 	licensed as a motor vehicle, the decal must be attached on the
48.30 	side of the motorcycle and may be attached to the fork tube.
48.31 	The decal must be attached in a manner so that it is visible
48.32 	while a rider is on the motorcycle.  The issued decals must be
48.33 	of a size to work within the constraints of the electronic
48.34 	licensing system, not to exceed three inches high and three
48.35 	inches wide.
48.36 	(g) Display of a registration decal is not required for an
49.1 	off-highway motorcycle:
49.2 	(1) while being operated on private property; or 
49.3 	(2) while competing in a closed-course competition event.

49.4 	Sec. 24. Minnesota Statutes 2004, section 84.788, is
49.5 	amended by adding a subdivision to read:
49.6 		Subd. 11.Refunds. The commissioner may issue a refund
49.7 	on a registration, not including any issuing fees paid under
49.8 	subdivision 3, paragraph (e), or section 84.027, subdivision 15,
49.9 	paragraph (a), clause (3), if the refund request is received
49.10 	within 12 months of the original registration and:
49.11 	(1) the off-highway motorcycle was registered incorrectly
49.12 	by the commissioner or the deputy registrar; or 
49.13 	(2) the off-highway motorcycle was registered twice, once
49.14 	by the dealer and once by the customer.

49.15 	Sec. 25. Minnesota Statutes 2004, section 84.789, is
49.16 	amended by adding a subdivision to read:
49.17 		Subd. 3.Sound emissions. (a) On and after July 1, 2006,
49.18 	off-highway motorcycles, when operating on public lands, shall
49.19 	at all times be equipped with a silencer or other device that
49.20 	limits sound emissions according to this subdivision.
49.21 	(b) Sound emissions of competition off-highway motorcycles
49.22 	manufactured on or after January 1, 1998, are limited to not
49.23 	more than 96 dbA and, if manufactured prior to January 1, 1998,
49.24 	to not more than 99 dbA, when measured from a distance of 20
49.25 	inches using test procedures established by the Society of
49.26 	Automotive Engineers under Standard J-1287, as applicable.
49.27 	(c) Sound emissions of all other off-highway motorcycles
49.28 	are limited to not more than 96 dbA if manufactured on or after
49.29 	January 1, 1986, and not more than 99 dbA if manufactured prior
49.30 	to January 1, 1986, when measured from a distance of 20 inches
49.31 	using test procedures established by the Society of Automotive
49.32 	Engineers under Standard J-1287, as applicable.
49.33 	(d) Off-highway motorcycles operating in closed course
49.34 	competition events are excluded from the requirements of this
49.35 	subdivision.

49.36 	Sec. 26. Minnesota Statutes 2004, section 84.791,
50.1 	subdivision 1, is amended to read:
50.2 		Subdivision 1.Program established; when required. (a) 
50.3 	The commissioner shall establish a comprehensive off-highway
50.4 	motorcycle environment and safety education and training
50.5 	program, including the preparation and dissemination of vehicle
50.6 	information and safety advice to the public, the training of
50.7 	off-highway motorcycle operators, and the issuance of
50.8 	off-highway motorcycle safety certificates to operators under
50.9 	the age of 16 years who successfully complete the off-highway
50.10 	motorcycle environment and safety education and training courses.
50.11 	(b) An individual who is convicted of violating a law
50.12 	related to the operation of an off-highway motorcycle must
50.13 	successfully complete the environment and safety education and
50.14 	training program established under paragraph (a) before
50.15 	continuing operation of an off-highway motorcycle.

50.16 	Sec. 27. Minnesota Statutes 2004, section 84.791,
50.17 	subdivision 2, is amended to read:
50.18 		Subd. 2.Fees.  For the purposes of administering the
50.19 	program and to defray a portion of the expenses of training and
50.20 	certifying vehicle operators, the commissioner shall collect a
50.21 	fee not to exceed $5 from each person who receives the training.
50.22 	The commissioner shall collect a fee for issuing a duplicate
50.23 	off-highway motorcycle safety certificate.  The commissioner
50.24 	shall establish the fee for a duplicate off-highway motorcycle
50.25 	safety certificate, to include a $1 issuing fee for licensing
50.26 	agents,that neither significantly overrecovers nor
50.27 	underrecovers costs, including overhead costs, involved in
50.28 	providing the service.  The fees must , except for the issuing
50.29 	fee for licensing agents under this subdivision, shall be
50.30 	deposited in the state treasury and credited to the off-highway
50.31 	motorcycle account in the natural resources fund.

50.32 	Sec. 28. Minnesota Statutes 2004, section 84.798,
50.33 	subdivision 1, is amended to read:
50.34 		Subdivision 1.General requirements. (a) Unless exempted
50.35 	under paragraph (b) or subdivision 2, after January 1, 1995, a
50.36 	person may not operate and an owner may not give permission for
51.1 	another to operate a vehicle off-road, nor may a person have an
51.2 	off-road vehicle not registered under chapter 168 in possession
51.3 	at an off-road vehicle staging area, or designated trail on
51.4 	lands administered by the commissioner on off-road
51.5 	vehicle-designated trails or area areas, or on off-road vehicle
51.6 	grant-in-aid trails and areas funded under section 84.803,
51.7 	unless the vehicle has been registered under this section.
51.8 	(b) Annually on the third Saturday of May, the commissioner
51.9 	shall allow the operation of nonregistered off-road vehicles at
51.10 	the Iron Range Off-Highway Vehicle Recreation Area.

51.11 	Sec. 29. Minnesota Statutes 2004, section 84.798, is
51.12 	amended by adding a subdivision to read:
51.13 		Subd. 10.Refunds. The commissioner may issue a refund
51.14 	on a registration, not including any issuing fees paid under
51.15 	subdivision 3, paragraph (b), or section 84.027, subdivision 15,
51.16 	paragraph (a), clause (3), if the refund request is received
51.17 	within 12 months of the original registration and the vehicle
51.18 	was registered incorrectly by the commissioner or the deputy
51.19 	registrar.

51.20 	Sec. 30. [84.8015] EDUCATION AND TRAINING.
51.21 		Subdivision 1.Program established when required. (a)
51.22 	The commissioner shall establish a comprehensive off-road
51.23 	vehicle environment and safety education and training program,
51.24 	including the preparation and dissemination of vehicle
51.25 	information and safety advice to the public, the training of
51.26 	off-road vehicle operators, and the issuance of off-road vehicle
51.27 	safety certificates to operators 16 to 18 years of age who
51.28 	successfully complete the off-road vehicle environment and
51.29 	safety education and training courses.
51.30 	(b) Beginning July 1, 2006, an individual who is convicted
51.31 	of violating a law related to the operation of an off-road
51.32 	vehicle must successfully complete the environment and safety
51.33 	education and training program established under paragraph (a)
51.34 	before continuing operation of an off-road vehicle.
51.35 		Subd. 2.Fees. For the purposes of administering the
51.36 	program and to defray a portion of the expenses of training and
52.1 	certifying vehicle operators, the commissioner shall collect a
52.2 	fee not to exceed $15 from each person who receives the
52.3 	training.  The commissioner shall collect a fee for issuing a
52.4 	duplicate off-road vehicle safety certificate.  The commissioner
52.5 	shall establish the fee for a duplicate off-road vehicle safety
52.6 	certificate that neither significantly overrecovers nor
52.7 	underrecovers costs, including overhead costs, involved in
52.8 	providing the service.  The fees must be deposited in the state
52.9 	treasury and credited to the off-road vehicle account.
52.10 		Subd. 3.Cooperation and consultation. The commissioner
52.11 	shall cooperate with private organizations and associations,
52.12 	private and public corporations, and local governmental units in
52.13 	furtherance of the program established under this section.  The
52.14 	commissioner shall consult with the commissioner of public
52.15 	safety in regard to training program subject matter and
52.16 	performance testing that leads to the certification of off-road
52.17 	vehicle operators.
52.18 		Subd. 4.Reciprocity with other states. The commissioner
52.19 	may enter into reciprocity agreements or otherwise certify
52.20 	off-road vehicle environment and safety education and training
52.21 	courses from other states that are substantially similar to
52.22 	in-state courses.  Proof of completion of a course subject to a
52.23 	reciprocity agreement or certified as substantially similar is
52.24 	adequate to meet the safety certificate requirements of this
52.25 	section.

52.26 	Sec. 31. Minnesota Statutes 2004, section 84.804,
52.27 	subdivision 3, is amended to read:
52.28 		Subd. 3.Operation generally.  A person may not drive or
52.29 	operate a vehicle off-road:
52.30 	(1) at a rate of speed greater than is reasonable under the
52.31 	surrounding circumstances;
52.32 	(2) in a careless, reckless, or negligent manner which may
52.33 	endanger or cause injury or damage to the person or property of
52.34 	another;
52.35 	(3) without a functioning stoplight if so equipped;
52.36 	(4) in a tree nursery or planting in a manner that damages
53.1 	or destroys growing stock;
53.2 	(5) without a brake operational by either hand or foot; or 
53.3 	(6) in a manner that violates rules adopted by the
53.4 	commissioner; or 
53.5 	(7) on unfrozen public water, if the vehicle is equipped
53.6 	with a snorkel device that has a raised air intake six inches or
53.7 	more above the vehicle manufacturer's original air intake.

53.8 	Sec. 32. Minnesota Statutes 2004, section 84.82,
53.9 	subdivision 2, is amended to read:
53.10 		Subd. 2.Application, issuance, reports, additional fee.
 53.11 	(a) Application for registration or reregistration shall be made
53.12 	to the commissioner or an authorized deputy registrar of motor
53.13 	vehicles in a format prescribed by the commissioner and shall
53.14 	state the legal name and address of every owner of the
53.15 	snowmobile.
53.16 	(b) A person who purchases a snowmobile from a retail
53.17 	dealer shall make application for registration to the dealer at
53.18 	the point of sale.  The dealer shall issue a dealer temporary
53.19 	ten-day registration permit to each purchaser who applies to the
53.20 	dealer for registration. The temporary registration is valid
53.21 	for 60 days from the date of issue.Each retail dealer shall
53.22 	submit completed registration and fees to the deputy registrar
53.23 	at least once a week. No fee may be charged by a dealer to a
53.24 	purchaser for providing the temporary permit.
53.25 	(c) Upon receipt of the application and the appropriate fee
53.26 	as hereinafter provided, such snowmobile shall be registered and
53.27 	a the commissioner or deputy registrar shall issue to the
53.28 	applicant, or provide to the dealer, an assigned registration
53.29 	number assigned which shall or a commissioner or deputy
53.30 	registrar temporary ten-day permit.  Once issued, the
53.31 	registration number must be affixed to the snowmobile in a
53.32 	clearly visible and permanent manner for enforcement purposes as
53.33 	the commissioner of natural resources shall prescribe. A dealer
53.34 	subject to paragraph (b) shall provide the registration
53.35 	materials or temporary permit to the purchaser within the
53.36 	temporary ten-day permit period.The registration is not valid
54.1 	unless signed by at least one owner.
54.2 	(c) (d) Each deputy registrar of motor vehicles acting
54.3 	pursuant to section 168.33, shall also be a deputy registrar of
54.4 	snowmobiles.  The commissioner of natural resources in agreement
54.5 	with the commissioner of public safety may prescribe the
54.6 	accounting and procedural requirements necessary to assure
54.7 	efficient handling of registrations and registration fees.
54.8 	Deputy registrars shall strictly comply with these accounting
54.9 	and procedural requirements.
54.10 	(d) (e) A fee of $2 in addition to that otherwise
54.11 	prescribed by law shall be charged for:
54.12 	(1) each snowmobile registered by the registrar or a deputy
54.13 	registrar and the additional fee shall be disposed of in the
54.14 	manner provided in section 168.33, subdivision 2; or
54.15 	(2) each snowmobile registered by the commissioner and the
54.16 	additional fee shall be deposited in the state treasury and
54.17 	credited to the snowmobile trails and enforcement account in the
54.18 	natural resources fund.

54.19 	Sec. 33. Minnesota Statutes 2004, section 84.82, is
54.20 	amended by adding a subdivision to read:
54.21 		Subd. 11.Refunds. The commissioner may issue a refund
54.22 	on a registration, not including any issuing fees paid under
54.23 	subdivision 2, paragraph (e), or section 84.027, subdivision 15,
54.24 	paragraph (a), clause (3), if the refund request is received
54.25 	within 12 months of the original registration and:
54.26 	(1) the snowmobile was registered incorrectly by the
54.27 	commissioner or the deputy registrar; or 
54.28 	(2) the snowmobile was registered twice, once by the dealer
54.29 	and once by the customer.

54.30 	Sec. 34. Minnesota Statutes 2004, section 84.8205,
54.31 	subdivision 1, is amended to read:
54.32 		Subdivision 1.Sticker required; fee.  A person may not
54.33 	operate a snowmobile that is not registered in this state on a
54.34 	state or grant-in-aid snowmobile trail unless a snowmobile state
54.35 	trail sticker is affixed to the snowmobile.  The commissioner of
54.36 	natural resources shall issue a sticker upon application and
55.1 	payment of a $15 fee.  The sticker is valid from November 1
55.2 	through April 30.  Fees collected under this section, except for
55.3 	the issuing fee for licensing agents under this section and for
55.4 	the electronic licensing system commission established by the
55.5 	commissioner under section 84.027, subdivision 15,shall be
55.6 	deposited in the state treasury and credited to the snowmobile
55.7 	trails and enforcement account in the natural resources fund and
55.8 	must be used for grants-in-aid, trail maintenance, grooming, and
55.9 	easement acquisition.

55.10 	Sec. 35. Minnesota Statutes 2004, section 84.8205,
55.11 	subdivision 3, is amended to read:
55.12 		Subd. 3.License agents. County auditors are appointed
55.13 	agents of the commissioner for the sale of snowmobile state
55.14 	trail stickers.The commissioner may appoint other state
55.15 	agencies as agents for the sale of the to issue and sell state
55.16 	trail stickers. A county auditor may appoint subagents within
55.17 	the county or within adjacent counties to sell stickers.  Upon
55.18 	appointment of a subagent, the auditor shall notify the
55.19 	commissioner of the name and address of the subagent.  The
55.20 	auditor may revoke the appointment of a subagent, and The
55.21 	commissioner may revoke the appointment of a state agency an
55.22 	agent at any time. The commissioner may require an auditor to
55.23 	revoke a subagent's appointment.  The auditor shall furnish
55.24 	stickers on consignment to any subagent who furnishes a surety
55.25 	bond in favor of the county in an amount at least equal to the
55.26 	value of the stickers to be consigned to that subagent.  A
55.27 	surety bond is not required for a state agency appointed by the
55.28 	commissioner.  The county auditor shall be responsible for all
55.29 	stickers issued to and user fees received by agents except in a
55.30 	county where the county auditor does not retain fees paid for
55.31 	license purposes.  In these counties, the responsibilities
55.32 	imposed by this section upon the county auditor are imposed upon
55.33 	the county.The commissioner may promulgate adopt additional
55.34 	rules governing the accounting and procedures for handling state
55.35 	trail stickers as provided in section 97A.485, subdivision 11.
55.36 	Any resident desiring to sell snowmobile state trail
56.1 	stickers may either purchase for cash or obtain on consignment
56.2 	stickers from a county auditor in groups of not less than ten
56.3 	individual stickers.  In selling stickers, the resident shall be
56.4 	deemed a subagent of the county auditor and the commissioner,
56.5 	and An agent shall observe all rules promulgated adopted by the
56.6 	commissioner for accounting and handling of licenses and 
56.7 	stickers pursuant to section 97A.485, subdivision 11.
56.8 	The county auditor An agent shall promptly deposit and
56.9 	remit all money received from the sale of the stickers with the
56.10 	county treasurer and shall promptly transmit any reports
56.11 	required by the commissioner, plus 96 percent of the price paid
56.12 	by each stickerholder, exclusive of the issuing fee, for each
56.13 	sticker sold or consigned by the auditor and subsequently sold
56.14 	to a stickerholder during the accounting period.  The county
56.15 	auditor shall retain as a commission four percent of all sticker
56.16 	fees, excluding the issuing fee for stickers consigned to
56.17 	subagents and the issuing fee on stickers sold by the auditor to
56.18 	stickerholders to the commissioner.
56.19 	Unsold stickers in the hands of any subagent shall be
56.20 	redeemed by the commissioner if presented for redemption within
56.21 	the time prescribed by the commissioner.  Any stickers not
56.22 	presented for redemption within the period prescribed shall be
56.23 	conclusively presumed to have been sold, and the subagent
56.24 	possessing the same or to whom they are charged shall be
56.25 	accountable.
56.26 	
EFFECTIVE DATE. This section is effective July 6, 2005.

56.27 	Sec. 36. Minnesota Statutes 2004, section 84.8205,
56.28 	subdivision 4, is amended to read:
56.29 		Subd. 4.distribution issuance of stickers.  The
56.30 	commissioner and agents shall provide issue and sell snowmobile
56.31 	state trail stickers to all agents authorized to issue stickers
56.32 	by the commissioner.
56.33 	
EFFECTIVE DATE. This section is effective July 6, 2005.

56.34 	Sec. 37. Minnesota Statutes 2004, section 84.8205,
56.35 	subdivision 6, is amended to read:
56.36 		Subd. 6.Duplicate state trail stickers.  The
57.1 	commissioner and agents shall issue a duplicate sticker to
57.2 	persons whose sticker is lost or destroyed using the process
57.3 	established under section 97A.405, subdivision 3, and rules
57.4 	promulgated thereunder.  The fee for a duplicate state trail
57.5 	sticker is $2, with an issuing fee of 50 cents.
57.6 	
EFFECTIVE DATE. This section is effective July 6, 2005.

57.7 	Sec. 38. Minnesota Statutes 2004, section 84.83,
57.8 	subdivision 3, is amended to read:
57.9 		Subd. 3.Purposes for the account.  The money deposited
57.10 	in the account and interest earned on that money may be expended
57.11 	only as appropriated by law for the following purposes:
57.12 	(1) for a grant-in-aid program to counties and
57.13 	municipalities for construction and maintenance of snowmobile
57.14 	trails, including maintenance of trails on lands and waters of
57.15 	Voyageurs National Park, on Lake of the Woods, on Rainy Lake,
57.16 	and on the following lakes in St. Louis County:  Burntside,
57.17 	Crane, Echo, Little Long, Mud, Pelican, Shagawa, and Vermilion;
57.18 	(2) for acquisition, development, and maintenance of state
57.19 	recreational snowmobile trails;
57.20 	(3) for snowmobile safety programs; and
57.21 	(4) for the administration and enforcement of sections
57.22 	84.81 to 84.91 and appropriated grants to local law enforcement
57.23 	agencies.
57.24 	
EFFECTIVE DATE. This section is effective July 1, 2005.

57.25 	Sec. 39. Minnesota Statutes 2004, section 84.86,
57.26 	subdivision 1, is amended to read:
57.27 		Subdivision 1.Required rules.  With a view of achieving
57.28 	maximum use of snowmobiles consistent with protection of the
57.29 	environment the commissioner of natural resources shall adopt
57.30 	rules in the manner provided by chapter 14, for the following
57.31 	purposes:
57.32 	(1) Registration of snowmobiles and display of registration
57.33 	numbers.
57.34 	(2) Use of snowmobiles insofar as game and fish resources
57.35 	are affected.
57.36 	(3) Use of snowmobiles on public lands and waters, or on
58.1 	grant-in-aid trails.
58.2 	(4) Uniform signs to be used by the state, counties, and
58.3 	cities, which are necessary or desirable to control, direct, or
58.4 	regulate the operation and use of snowmobiles.
58.5 	(5) Specifications relating to snowmobile mufflers.
58.6 	(6) A comprehensive snowmobile information and safety
58.7 	education and training program, including but not limited to the
58.8 	preparation and dissemination of snowmobile information and
58.9 	safety advice to the public, the training of snowmobile
58.10 	operators, and the issuance of snowmobile safety certificates to
58.11 	snowmobile operators who successfully complete the snowmobile
58.12 	safety education and training course.  For the purpose of
58.13 	administering such program and to defray expenses of training
58.14 	and certifying snowmobile operators, the commissioner shall
58.15 	collect a fee from each person who receives the youth or adult
58.16 	training.  The commissioner shall collect a fee, to include a $1
58.17 	issuing fee for licensing agents,for issuing a duplicate
58.18 	snowmobile safety certificate.  The commissioner shall establish
58.19 	both fees in a manner that neither significantly overrecovers
58.20 	nor underrecovers costs, including overhead costs, involved in
58.21 	providing the services.  The fees are not subject to the
58.22 	rulemaking provisions of chapter 14 and section 14.386 does not
58.23 	apply.  The fees may be established by the commissioner
58.24 	notwithstanding section 16A.1283.  The fees must , except for the
58.25 	issuing fee for licensing agents under this subdivision, shall 
58.26 	be deposited in the snowmobile trails and enforcement account in
58.27 	the natural resources fund and the amount thereof, except for
58.28 	the electronic licensing system commission established by the
58.29 	commissioner under section 84.027, subdivision 15, and issuing
58.30 	fees collected by the commissioner,is appropriated annually to
58.31 	the Enforcement Division of the Department of Natural Resources
58.32 	for the administration of such programs.  In addition to the fee
58.33 	established by the commissioner, instructors may charge each
58.34 	person up to the established fee amount for class materials and
58.35 	expenses.  The commissioner shall cooperate with private
58.36 	organizations and associations, private and public corporations,
59.1 	and local governmental units in furtherance of the program
59.2 	established under this clause.  School districts may cooperate
59.3 	with the commissioner and volunteer instructors to provide space
59.4 	for the classroom portion of the training.  The commissioner
59.5 	shall consult with the commissioner of public safety in regard
59.6 	to training program subject matter and performance testing that
59.7 	leads to the certification of snowmobile operators.
59.8 	(7) The operator of any snowmobile involved in an accident
59.9 	resulting in injury requiring medical attention or
59.10 	hospitalization to or death of any person or total damage to an
59.11 	extent of $500 or more, shall forward a written report of the
59.12 	accident to the commissioner on such form as the commissioner
59.13 	shall prescribe.  If the operator is killed or is unable to file
59.14 	a report due to incapacitation, any peace officer investigating
59.15 	the accident shall file the accident report within ten business
59.16 	days.
59.17 	
EFFECTIVE DATE. This section is effective July 6, 2005.

59.18 	Sec. 40. Minnesota Statutes 2004, section 84.91,
59.19 	subdivision 1, is amended to read:
59.20 		Subdivision 1.Acts prohibited.  (a) No owner or other
59.21 	person having charge or control of any snowmobile or all-terrain
59.22 	vehicle shall authorize or permit any individual the person
59.23 	knows or has reason to believe is under the influence of alcohol
59.24 	or a controlled substance or other substance to operate the
59.25 	snowmobile or all-terrain vehicle anywhere in this state or on
59.26 	the ice of any boundary water of this state.
59.27 	(b) No owner or other person having charge or control of
59.28 	any snowmobile or all-terrain vehicle shall knowingly authorize
59.29 	or permit any person, who by reason of any physical or mental
59.30 	disability is incapable of operating the vehicle, to operate the
59.31 	snowmobile or all-terrain vehicle anywhere in this state or on
59.32 	the ice of any boundary water of this state.
59.33 	(c) A person who operates or is in physical control of a
59.34 	snowmobile or all-terrain vehicle anywhere in this state or on
59.35 	the ice of any boundary water of this state is subject to
59.36 	chapter 169A.  In addition to the applicable sanctions under
60.1 	chapter 169A, a person who is convicted of violating section
60.2 	169A.20 or an ordinance in conformity with it while operating a
60.3 	snowmobile or all-terrain vehicle, or who refuses to comply with
60.4 	a lawful request to submit to testing under sections 169A.50 to
60.5 	169A.53 or an ordinance in conformity with it, shall be
60.6 	prohibited from operating the snowmobile or all-terrain vehicle
60.7 	for a period of one year.  The commissioner shall notify the
60.8 	person of the time period during which the person is prohibited
60.9 	from operating a snowmobile or all-terrain vehicle.
60.10 	(d) Administrative and judicial review of the operating
60.11 	privileges prohibition is governed by section 97B.066,
60.12 	subdivisions 7 to 9, if the person does not have a prior
60.13 	impaired driving conviction or prior license revocation, as
60.14 	defined in section 169A.03.  Otherwise, administrative and
60.15 	judicial review of the prohibition is governed by section
60.16 	169A.53.
60.17 	(e) The court shall promptly forward to the commissioner
60.18 	and the Department of Public Safety copies of all convictions
60.19 	and criminal and civil sanctions imposed under this section and
60.20 	chapter chapters 169 and 169A relating to snowmobiles and
60.21 	all-terrain vehicles.
60.22 	(f) A person who violates paragraph (a) or (b), or an
60.23 	ordinance in conformity with either of them, is guilty of a
60.24 	misdemeanor.  A person who operates a snowmobile or all-terrain
60.25 	vehicle during the time period the person is prohibited from
60.26 	operating a vehicle under paragraph (c) is guilty of a
60.27 	misdemeanor.

60.28 	Sec. 41. Minnesota Statutes 2004, section 84.922,
60.29 	subdivision 2, is amended to read:
60.30 		Subd. 2.Application, issuance, reports.  (a) Application
60.31 	for registration or continued registration shall be made to the
60.32 	commissioner of natural resources, the commissioner of public
60.33 	safety or an authorized deputy registrar of motor vehicles in a
60.34 	form prescribed by the commissioner.  The form must state the
60.35 	name and address of every owner of the vehicle.
60.36 	(b) A person who purchases an all-terrain vehicle from a
61.1 	retail dealer shall make application for registration to the
61.2 	dealer at the point of sale.  The dealer shall issue a dealer 
61.3 	temporary ten-day registration permit to each purchaser who
61.4 	applies to the dealer for registration.  The dealer shall submit
61.5 	the completed registration application and fees to the deputy
61.6 	registrar at least once each week.  No fee may be charged by a
61.7 	dealer to a purchaser for providing the temporary permit.
61.8 	(c) Upon receipt of the application and the appropriate
61.9 	fee, the commissioner or deputy registrar shall issue to the
61.10 	applicant, or provide to the dealer, a 60-day temporary receipt
61.11 	and shall assign a an assigned registration number that or a
61.12 	commissioner or deputy registrar temporary ten-day permit.  Once
61.13 	issued, the registration number must be affixed to the vehicle
61.14 	in a manner prescribed by the commissioner.  A dealer subject to
61.15 	paragraph (b) shall provide the registration materials and or 
61.16 	temporary receipt permit to the purchaser within the ten-day
61.17 	temporary permit period.  The commissioner shall use the
61.18 	snowmobile registration system to register vehicles under this
61.19 	section.
61.20 	(d) Each deputy registrar of motor vehicles acting under
61.21 	section 168.33, is also a deputy registrar of all-terrain
61.22 	vehicles.  The commissioner of natural resources in agreement
61.23 	with the commissioner of public safety may prescribe the
61.24 	accounting and procedural requirements necessary to assure
61.25 	efficient handling of registrations and registration fees.
61.26 	Deputy registrars shall strictly comply with the accounting and
61.27 	procedural requirements.
61.28 	(e) In addition to other fees prescribed by law, a filing
61.29 	fee of $4.50 is charged for each all-terrain vehicle
61.30 	registration renewal, duplicate or replacement registration
61.31 	card, and replacement decal and a filing fee of $7 is charged
61.32 	for each all-terrain vehicle registration and registration
61.33 	transfer issued by:
61.34 	(1) a deputy registrar and shall be deposited in the
61.35 	treasury of the jurisdiction where the deputy is appointed, or
61.36 	retained if the deputy is not a public official; or
62.1 	(2) the commissioner and shall be deposited to the state
62.2 	treasury and credited to the all-terrain vehicle account in the
62.3 	natural resources fund.

62.4 	Sec. 42. Minnesota Statutes 2004, section 84.922, is
62.5 	amended by adding a subdivision to read:
62.6 		Subd. 12.Refunds. The commissioner may issue a refund
62.7 	on a registration, not including any issuing fees paid under
62.8 	subdivision 2, paragraph (e), or section 84.027, subdivision 15,
62.9 	paragraph (a), clause (3), if the refund request is received
62.10 	within 12 months of the original registration and:
62.11 	(1) the vehicle was registered incorrectly by the
62.12 	commissioner or the deputy registrar; or 
62.13 	(2) the vehicle was registered twice, once by the dealer
62.14 	and once by the customer.

62.15 	Sec. 43. Minnesota Statutes 2004, section 84.925,
62.16 	subdivision 1, is amended to read:
62.17 		Subdivision 1.Program established.  (a) The commissioner
62.18 	shall establish a comprehensive all-terrain vehicle
62.19 	environmental and safety education and training program,
62.20 	including the preparation and dissemination of vehicle
62.21 	information and safety advice to the public, the training of
62.22 	all-terrain vehicle operators, and the issuance of all-terrain
62.23 	vehicle safety certificates to vehicle operators over the age of
62.24 	12 years who successfully complete the all-terrain vehicle
62.25 	environmental and safety education and training course.
62.26 	(b) For the purpose of administering the program and to
62.27 	defray a portion of the expenses of training and certifying
62.28 	vehicle operators, the commissioner shall collect a fee of $15
62.29 	from each person who receives the training.  The commissioner
62.30 	shall collect a fee, to include a $1 issuing fee for licensing
62.31 	agents,for issuing a duplicate all-terrain vehicle safety
62.32 	certificate.  The commissioner shall establish the fee for a
62.33 	duplicate all-terrain vehicle safety certificate that neither
62.34 	significantly overrecovers nor underrecovers costs, including
62.35 	overhead costs, involved in providing the service.  Fee
62.36 	proceeds, except for the issuing fee for licensing agents under
63.1 	this subdivision,shall be deposited in the all-terrain vehicle
63.2 	account in the natural resources fund. In addition to the fee
63.3 	established by the commissioner, instructors may charge each
63.4 	person the cost of class material and expenses.
63.5 	(c) The commissioner shall cooperate with private
63.6 	organizations and associations, private and public corporations,
63.7 	and local governmental units in furtherance of the program
63.8 	established under this section.  School districts may cooperate
63.9 	with the commissioner and volunteer instructors to provide space
63.10 	for the classroom portion of the training.  The commissioner
63.11 	shall consult with the commissioner of public safety in regard
63.12 	to training program subject matter and performance testing that
63.13 	leads to the certification of vehicle operators.  By June 30,
63.14 	2003, the commissioner shall incorporate a riding component in
63.15 	the safety education and training program.
63.16 	
EFFECTIVE DATE. This section, except for the the last
63.17 	sentence in paragraph (b), is effective July 6, 2005.

63.18 	Sec. 44. Minnesota Statutes 2004, section 84.925, is
63.19 	amended by adding a subdivision to read:
63.20 		Subd. 5.Training requirements. (a) An individual who
63.21 	was born after July 1, 1987, and who is 16 years of age or
63.22 	older, must successfully complete the independent study course
63.23 	component of all-terrain vehicle safety training.
63.24 	(b) An individual who is convicted of violating a law
63.25 	related to the operation of an all-terrain vehicle must
63.26 	successfully complete the independent study course component of
63.27 	all-terrain vehicle safety training before continuing operation
63.28 	of an all-terrain vehicle.
63.29 	(c) An individual who is convicted for a second or
63.30 	subsequent excess speed, trespass, or wetland violation in an
63.31 	all-terrain vehicle season, or any conviction for careless or
63.32 	reckless operation of an all-terrain vehicle, must successfully
63.33 	complete the independent study and the testing and operating
63.34 	course components of all-terrain vehicle safety training before
63.35 	continuing operation of an all-terrain vehicle.
63.36 	(d) An individual who receives three or more citations and
64.1 	convictions for violating a law related to the operation of an
64.2 	all-terrain vehicle in a two-year period must successfully
64.3 	complete the independent study and the testing and operating
64.4 	course components of all-terrain vehicle safety training before
64.5 	continuing operation of an all-terrain vehicle.
64.6 	(e) An individual must present evidence of compliance with
64.7 	this subdivision before an all-terrain vehicle registration is
64.8 	issued or renewed.
64.9 	
EFFECTIVE DATE. This section is effective January 1, 2006.

64.10 	Sec. 45. Minnesota Statutes 2004, section 84.9256,
64.11 	subdivision 1, is amended to read:
64.12 		Subdivision 1.Prohibitions on youthful operators.  (a)
64.13 	Except for operation on public road rights-of-way that is
64.14 	permitted under section 84.928, a driver's license issued by the
64.15 	state or another state is required to operate an all-terrain
64.16 	vehicle along or on a public road right-of-way.
64.17 	(b) A person under 12 years of age shall not:
64.18 	(1) make a direct crossing of a public road right-of-way;
64.19 	(2) operate an all-terrain vehicle on a public road
64.20 	right-of-way in the state; or
64.21 	(3) operate an all-terrain vehicle on public lands or
64.22 	waters, except as provided in paragraph (e).
64.23 	(c) Except for public road rights-of-way of interstate
64.24 	highways, a person 12 years of age but less than 16 years may
64.25 	make a direct crossing of a public road right-of-way of a trunk,
64.26 	county state-aid, or county highway or operate on public lands
64.27 	and waters, only if that person possesses a valid all-terrain
64.28 	vehicle safety certificate issued by the commissioner and is
64.29 	accompanied on another all-terrain vehicle by a person 18 years
64.30 	of age or older who holds a valid driver's license.
64.31 	(d) To be issued an all-terrain vehicle safety certificates
64.32 	issued by the commissioner to persons certificate, a person at
64.33 	least 12 years old, but less than 16 years old, are not valid
64.34 	for machines in excess of 90cc engine capacity unless must:
64.35 	(1) the person successfully completed complete the safety
64.36 	education and training program under section 84.925, subdivision
65.1 	1, including a riding component; and 
65.2 	(2) the riding component of the training was conducted
65.3 	using an all-terrain vehicle with over 90cc engine capacity; and 
65.4 	(3) the person is be able to properly reach and control the
65.5 	handle bars and reach the foot pegs while sitting upright on the
65.6 	seat of the all-terrain vehicle.
65.7 	(e) A person at least ten years of age but under 12 years
65.8 	of age may operate an all-terrain vehicle with an engine
65.9 	capacity up to 90cc on public lands or waters if accompanied by
65.10 	a parent or legal guardian.

65.11 	Sec. 46. Minnesota Statutes 2004, section 84.9257, is
65.12 	amended to read:
65.13 	84.9257 PASSENGERS.
65.14 	(a) A parent or guardian may operate an all-terrain vehicle
65.15 	carrying one passenger who is under 16 years of age and who
65.16 	wears a safety helmet approved by the commissioner of public
65.17 	safety.
65.18 	(b) For the purpose of this section, "guardian" means a
65.19 	legal guardian of a person under age 16, or a person 18 or older
65.20 	who has been authorized by the parent or legal guardian to
65.21 	supervise the person under age 16.
65.22 	(c) A person 18 years of age or older may operate an
65.23 	all-terrain vehicle carrying one passenger who is 16 or 17 years
65.24 	of age and wears a safety helmet approved by the commissioner of
65.25 	public safety.
65.26 	(d) A person 18 years of age or older may operate an
65.27 	all-terrain vehicle carrying one passenger who is 18 years of
65.28 	age or older.

65.29 	Sec. 47. Minnesota Statutes 2004, section 84.926, is
65.30 	amended to read:
65.31 	84.926 VEHICLE USE ALLOWED ON PUBLIC LANDS BY THE
65.32 	COMMISSIONER ; EXCEPTIONS.
65.33 		Subdivision 1.Exception by permit.
 65.34 	Notwithstanding section sections 84.773, subdivision 1, and 
65.35 	84.777, on a case by case basis, the commissioner may issue a
65.36 	permit authorizing a person to operate an off-highway vehicle on
66.1 	individual public trails under the commissioner's jurisdiction
66.2 	during specified times and for specified purposes.
66.3 		Subd. 2.All-terrain vehicles; managed or limited
66.4 	forests; off trail. Notwithstanding section 84.777, but subject
66.5 	to the commissioner's authority under subdivision 5, on state
66.6 	forest lands classified as managed or limited, other than the
66.7 	Richard J. Dorer Memorial Hardwood Forest, a person may use an
66.8 	all-terrain vehicle off forest trails or forest roads when:
66.9 	(1) hunting big game or transporting or installing hunting
66.10 	stands during October, November, and December, when in
66.11 	possession of a valid big game hunting license;
66.12 	(2) retrieving big game in September, when in possession of
66.13 	a valid big game hunting license;
66.14 	(3) tending traps during an open trapping season for
66.15 	protected furbearers, when in possession of a valid trapping
66.16 	license; or 
66.17 	(4) trapping minnows, when in possession of a valid minnow
66.18 	dealer, private fish hatchery, or aquatic farm license.
66.19 		Subd. 3.All-terrain vehicles; closed forests;
66.20 	hunting. Notwithstanding section 84.777, the commissioner may
66.21 	determine whether all-terrain vehicles are allowed on specific
66.22 	forest roads, on state forest lands classified as closed, for
66.23 	the purpose of hunting big game during an open big game season.
66.24 	The determination shall be by written order as published in the
66.25 	State Register and is exempt from chapter 14.  Section 14.386
66.26 	does not apply.
66.27 		Subd. 4.Off-road and all-terrain vehicles; limited or
66.28 	managed forests; trails. Notwithstanding section 84.777, but
66.29 	subject to the commissioner's authority under subdivision 5, on
66.30 	state forest lands classified as limited or managed, other than
66.31 	the Richard J. Dorer Memorial Hardwood Forest, a person may use
66.32 	vehicles registered under chapter 168 or section 84.798 or
66.33 	84.922 on forest trails that are not designated for a specific
66.34 	use when:
66.35 	(1) hunting big game or transporting or installing hunting
66.36 	stands during October, November, and December, when in
67.1 	possession of a valid big game hunting license;
67.2 	(2) retrieving big game in September, when in possession of
67.3 	a valid big game hunting license;
67.4 	(3) tending traps during an open trapping season for
67.5 	protected furbearers, when in possession of a valid trapping
67.6 	license; or 
67.7 	(4) trapping minnows, when in possession of a valid minnow
67.8 	dealer, private fish hatchery, or aquatic farm license.
67.9 		Subd. 5.Limitations on off-trail and undesignated trail
67.10 	use. The commissioner may designate areas on state forest lands
67.11 	that are not subject to the exceptions provided in subdivisions
67.12 	2 and 4.  Such designations are not subject to the rulemaking
67.13 	provisions of chapter 14 and section 14.386 does not apply.
67.14 	Before designating such areas, the commissioner shall hold a
67.15 	public meeting in the county where the largest portion of the
67.16 	forest lands are located to provide information to and receive
67.17 	comment from the public regarding the proposed designation.
67.18 	Sixty days before the public meeting, notice of the proposed
67.19 	designation shall be published in the legal newspapers that
67.20 	serve the counties in which the lands are located, in a
67.21 	statewide Department of Natural Resources news release, and in
67.22 	the State Register.

67.23 	Sec. 48. Minnesota Statutes 2004, section 84.928,
67.24 	subdivision 1, is amended to read:
67.25 		Subdivision 1.Operation on roads and rights-of-way.  (a)
67.26 	Unless otherwise allowed in sections 84.92 to 84.929, a person
67.27 	shall not operate an all-terrain vehicle in this state along or
67.28 	on the roadway, shoulder, or inside bank or slope of a public
67.29 	road right-of-way of a trunk, county state-aid, or county
67.30 	highway other than in the ditch or the outside bank or slope of
67.31 	a trunk, county state-aid, or county highway unless prohibited
67.32 	under paragraph (b). This paragraph does not apply to a person
67.33 	who operates an all-terrain vehicle owned by or operated under
67.34 	contract with a publicly or privately owned utility when used
67.35 	for work on utilities.
67.36 	(b) A road authority as defined under section 160.02,
68.1 	subdivision 25, may after a public hearing restrict the use of
68.2 	all-terrain vehicles in the ditch or outside bank or slope of a
68.3 	public road right-of-way under its jurisdiction.
68.4 	(c) The commissioner may limit the use of a right-of-way
68.5 	for a period of time if the commissioner determines that use of
68.6 	the right-of-way causes:
68.7 	(1) degradation of vegetation on adjacent public property;
68.8 	(2) siltation of waters of the state;
68.9 	(3) impairment or enhancement to the act of taking game; or
68.10 	(4) a threat to safety of the right-of-way users or to
68.11 	individuals on adjacent public property.
68.12 	(d) The commissioner must notify the road authority as soon
68.13 	as it is known that a closure will be ordered.  The notice must
68.14 	state the reasons and duration of the closure.
68.15 	(e) A person may operate an all-terrain vehicle registered
68.16 	for private use and used for agricultural purposes on a public
68.17 	road right-of-way of a trunk, county state-aid, or county
68.18 	highway in this state if the all-terrain vehicle is operated on
68.19 	the extreme right-hand side of the road, and left turns may be
68.20 	made from any part of the road if it is safe to do so under the
68.21 	prevailing conditions.
68.22 	(f) A person shall not operate an all-terrain vehicle
68.23 	within the public road right-of-way of a trunk, county
68.24 	state-aid, or county highway from April 1 to August 1 in the
68.25 	agricultural zone unless the vehicle is being used exclusively
68.26 	as transportation to and from work on agricultural lands.  This
68.27 	paragraph does not apply to an agent or employee of a road
68.28 	authority, as defined in section 160.02, subdivision 25, or the
68.29 	Department of Natural Resources when performing or exercising
68.30 	official duties or powers.
68.31 	(g) A person shall not operate an all-terrain vehicle
68.32 	within the public road right-of-way of a trunk, county
68.33 	state-aid, or county highway between the hours of one-half hour
68.34 	after sunset to one-half hour before sunrise, except on the
68.35 	right-hand side of the right-of-way and in the same direction as
68.36 	the highway traffic on the nearest lane of the adjacent roadway.
69.1 	(h) A person shall not operate an all-terrain vehicle at
69.2 	any time within the right-of-way of an interstate highway or
69.3 	freeway within this state.

69.4 	Sec. 49. Minnesota Statutes 2004, section 84.928,
69.5 	subdivision 2, is amended to read:
69.6 		Subd. 2.Operation generally.  A person may not drive or
69.7 	operate an all-terrain vehicle:
69.8 	(1) at a rate of speed greater than reasonable or proper
69.9 	under the surrounding circumstances;
69.10 	(2) in a careless, reckless, or negligent manner so as to
69.11 	endanger or to cause injury or damage to the person or property
69.12 	of another;
69.13 	(3) without headlight and taillight lighted at all times if
69.14 	the vehicle is equipped with headlight and taillight;
69.15 	(4) without a functioning stoplight if so equipped;
69.16 	(5) in a tree nursery or planting in a manner that damages
69.17 	or destroys growing stock;
69.18 	(6) without a brake operational by either hand or foot;
69.19 	(7) with more persons than one person on the vehicle than
69.20 	it was designed for, except as allowed under section 84.9257;
69.21 	(8) at a speed exceeding ten miles per hour on the frozen
69.22 	surface of public waters within 100 feet of a person not on an
69.23 	all-terrain vehicle or within 100 feet of a fishing shelter; or 
69.24 	(9) with a snorkel device that has a raised air intake six
69.25 	inches or more above the vehicle manufacturer's original air
69.26 	intake, except within the Iron Range Off-Highway Vehicle
69.27 	Recreation Area as described in section 85.013, subdivision 12a,
69.28 	or other public off-highway vehicle recreation areas; or 
69.29 	(9) (10) in a manner that violates operation rules adopted
69.30 	by the commissioner.

69.31 	Sec. 50. Minnesota Statutes 2004, section 84D.03,
69.32 	subdivision 4, is amended to read:
69.33 		Subd. 4.Commercial fishing and turtle, frog, and
69.34 	crayfish harvesting restrictions in infested and noninfested
69.35 	waters.  (a) All nets, traps, buoys, anchors, stakes, and lines
69.36 	used for commercial fishing or turtle, frog, or crayfish
70.1 	harvesting in an infested waters,water that is designated
70.2 	because the waters contain it contains invasive fish or
70.3 	invertebrates, may not be used in noninfested any other waters.
70.4 	If a commercial licensee operates in both noninfested waters and 
70.5 	an infested waters water designated because the waters contain 
70.6 	it contains invasive fish or invertebrates and other waters, all
70.7 	nets, traps, buoys, anchors, stakes, and lines used for
70.8 	commercial fishing or turtle, frog, or crayfish harvesting in
70.9 	noninfested waters not designated as infested with invasive fish
70.10 	or invertebrates must be tagged with tags provided by the
70.11 	commissioner, as specified in the commercial licensee's license
70.12 	or permit, and may not be used in infested waters designated
70.13 	because the waters contain invasive fish or invertebrates.
70.14 	(b) In infested waters designated solely because the waters
70.15 	contain Eurasian water milfoil,All nets, traps, buoys, anchors,
70.16 	stakes, and lines used for commercial fishing or turtle, frog,
70.17 	or crayfish harvesting in an infested water that is designated
70.18 	solely because it contains Eurasian water milfoil must be dried
70.19 	for a minimum of ten days or frozen for a minimum of two days
70.20 	before they are used in noninfested any other waters, except as
70.21 	provided in this paragraph.  Commercial operators licensees must
70.22 	notify the department's regional or area fisheries office or a
70.23 	conservation officer when before removing nets or equipment from
70.24 	an infested waters water designated solely because it contains
70.25 	Eurasian water milfoil and before resetting those nets or
70.26 	equipment in noninfested any other waters. All aquatic
70.27 	macrophytes Upon such notification, the commissioner may
70.28 	authorize a commercial licensee to move nets or equipment to
70.29 	another water without freezing or drying, if that water is
70.30 	designated as infested solely because it contains Eurasian water
70.31 	milfoil.
70.32 	(c) A commercial licensee must be removed remove all
70.33 	aquatic macrophytes from nets and other equipment when the nets
70.34 	and equipment are removed from infested waters of the state.
70.35 	(d) The commissioner shall provide a commercial licensee
70.36 	with a current listing of designated infested waters at the time
71.1 	that a license or permit is issued.

71.2 	Sec. 51. Minnesota Statutes 2004, section 85.015,
71.3 	subdivision 5, is amended to read:
71.4 		Subd. 5.Glacial lakes trail, kandiyohi, pope, and
71.5 	douglas counties.  (a) The trail shall originate at Kandiyohi
71.6 	County Park on the north shore of Green Lake in Kandiyohi County
71.7 	and thence extend northwesterly to Sibley State Park, thence
71.8 	northwesterly to Glacial Lakes State Park in Pope County, thence
71.9 	northeasterly to Lake Carlos State Park in Douglas County, and
71.10 	there terminate.
71.11 	(b) Trails may be established that extend the Glacial Lakes
71.12 	Trail system from New London to Cold Spring.
71.13 	(c) The trail shall be developed primarily for riding and
71.14 	hiking.

71.15 	Sec. 52. Minnesota Statutes 2004, section 85.053,
71.16 	subdivision 1, is amended to read:
71.17 		Subdivision 1.Form, issuance, validity.  (a) The
71.18 	commissioner shall prepare and provide state park permits for
71.19 	each calendar year that state a motor vehicle may enter and use
71.20 	state parks, state recreation areas, and state waysides over 50
71.21 	acres in area.  State park permits must be available and placed
71.22 	on sale by January 1 of the calendar year that the permit is
71.23 	valid.  A separate motorcycle permit may be prepared and
71.24 	provided by the commissioner.
71.25 	(b) An annual state park permit must be affixed when
71.26 	purchased and may be used from the time it is affixed purchased 
71.27 	for a 12-month period.  State park permits in each category must
71.28 	be numbered consecutively for each year of issue.
71.29 	(c) State park permits shall be issued by employees of the
71.30 	Division of Parks and Recreation as designated by the
71.31 	commissioner.  State park permits also may be consigned to and
71.32 	issued by agents designated by the commissioner who are not
71.33 	employees of the Division of Parks and Recreation.  All proceeds
71.34 	from the sale of permits and all unsold permits consigned to
71.35 	agents shall be returned to the commissioner at such times as
71.36 	the commissioner may direct, but no later than the end of the
72.1 	calendar year for which the permits are effective.  No part of
72.2 	the permit fee may be retained by an agent.  An additional
72.3 	charge or fee in an amount to be determined by the commissioner,
72.4 	but not to exceed four percent of the price of the permit, may
72.5 	be collected and retained by an agent for handling or selling
72.6 	the permits.

72.7 	Sec. 53. Minnesota Statutes 2004, section 85.053,
72.8 	subdivision 2, is amended to read:
72.9 		Subd. 2.Requirement.  Except as provided in section
72.10 	85.054, a motor vehicle may not enter a state park, state
72.11 	recreation area, or state wayside over 50 acres in area, without
72.12 	a state park permit issued under this section.  Except for
72.13 	vehicles permitted under subdivision 7, paragraph (a), clause
72.14 	(2), the state park permit must be affixed to the lower right
72.15 	corner windshield of the motor vehicle and must be completely
72.16 	affixed by its own adhesive to the windshield, or the
72.17 	commissioner may, by written order, provide an alternative means
72.18 	to display and validate annual permits.

72.19 	Sec. 54. Minnesota Statutes 2004, section 85.055, is
72.20 	amended by adding a subdivision to read:
72.21 		Subd. 1b.Discounts. Except as otherwise specified in
72.22 	law, and notwithstanding section 16A.1285, subdivision 2, the
72.23 	commissioner may by written order authorize waiver or reduction
72.24 	of state park entrance fees.

72.25 	Sec. 55. Minnesota Statutes 2004, section 85.055,
72.26 	subdivision 2, is amended to read:
72.27 		Subd. 2.Fee deposit and appropriation.  The fees
72.28 	collected under this section shall be deposited in the natural
72.29 	resources fund and credited to a the state parks account. Money
72.30 	in the account, except for the electronic licensing system
72.31 	commission established by the commissioner under section 84.027,
72.32 	subdivision 15, is available for appropriation to the
72.33 	commissioner to operate and maintain the state park system.
72.34 	
EFFECTIVE DATE. This section is effective July 6, 2005.

72.35 	Sec. 56. Minnesota Statutes 2004, section 85.42, is
72.36 	amended to read:
73.1 	85.42 USER FEE; VALIDITY.
73.2 	(a) The fee for an annual cross-country ski pass is $9 $14 
73.3 	for an individual age 16 and over.  The fee for a three-year
73.4 	pass is $24 $39 for an individual age 16 and over.  This fee
73.5 	shall be collected at the time the pass is purchased.
73.6 	Three-year passes are valid for three years beginning the
73.7 	previous July 1.  Annual passes are valid for one year beginning
73.8 	the previous July 1.
73.9 	(b) The cost for a daily cross-country skier pass is $2 $4 
73.10 	for an individual age 16 and over.  This fee shall be collected
73.11 	at the time the pass is purchased.  The daily pass is valid only
73.12 	for the date designated on the pass form.
73.13 	(c) A pass must be signed by the skier across the front of
73.14 	the pass to be valid and becomes nontransferable on signing.

73.15 	Sec. 57. Minnesota Statutes 2004, section 85.43, is
73.16 	amended to read:
73.17 	85.43 DISPOSITION OF RECEIPTS; PURPOSE.
73.18 	(a) Fees from cross-country ski passes shall be deposited
73.19 	in the state treasury and credited to a cross-country ski
73.20 	account in the natural resources fund and, except as provided in
73.21 	paragraph (b) for the electronic licensing system commission
73.22 	established by the commissioner under section 84.027,
73.23 	subdivision 15, are appropriated to the commissioner of natural
73.24 	resources for:
73.25 	(1) grants-in-aid for cross-country ski trails sponsored by
73.26 	local units of government and special park districts as provided
73.27 	in section 85.44; and
73.28 	(2) maintenance, winter grooming, and associated
73.29 	administrative costs for cross-country ski trails under the
73.30 	jurisdiction of the commissioner.
73.31 	(b) The commissioner shall retain for the operation of the
73.32 	electronic licensing system a commission of 4.7 percent of all
73.33 	cross-country ski pass fees collected.

73.34 	EFFECTIVE DATE. This section is effective July 6, 2005.

73.35 	Sec. 58. Minnesota Statutes 2004, section 86B.415,
73.36 	subdivision 1, is amended to read:
74.1 		Subdivision 1.Watercraft 19 feet or less.  The fee for a
74.2 	watercraft license for watercraft 19 feet or less in length
74.3 	is $18 $27 except:
74.4 	(1) for watercraft, other than personal watercraft, 19 feet
74.5 	in length or less that is offered for rent or lease, the fee is
74.6 	$6 $12;
74.7 	(2) for a canoe, kayak, sailboat, sailboard, paddle boat,
74.8 	or rowing shell 19 feet in length or less, the fee is $7 $14;
74.9 	(3) for a watercraft 19 feet in length or less used by a
74.10 	nonprofit corporation for teaching boat and water safety, the
74.11 	fee is as provided in subdivision 4;
74.12 	(4) for a watercraft owned by a dealer under a dealer's
74.13 	license, the fee is as provided in subdivision 5;
74.14 	(5) for a personal watercraft, the fee is $25 $37.50; and
74.15 	(6) for a watercraft less than 17 feet in length, other
74.16 	than a watercraft listed in clauses (1) to (5), the fee
74.17 	is $12 $24.

74.18 	Sec. 59. Minnesota Statutes 2004, section 86B.415,
74.19 	subdivision 2, is amended to read:
74.20 		Subd. 2.Watercraft over 19 feet.  Except as provided in
74.21 	subdivisions 3, 4, and 5, the watercraft license fee:
74.22 	(1) for a watercraft more than 19 feet but less than 26
74.23 	feet in length is $30 $45;
74.24 	(2) for a watercraft 26 feet but less than 40 feet in
74.25 	length is $45 $67.50; and
74.26 	(3) for a watercraft 40 feet in length or longer is $60 $90.

74.27 	Sec. 60. Minnesota Statutes 2004, section 86B.415,
74.28 	subdivision 3, is amended to read:
74.29 		Subd. 3.Watercraft over 19 feet for hire.  The license
74.30 	fee for a watercraft more than 19 feet in length for hire with
74.31 	an operator is $50 $100 each.

74.32 	Sec. 61. Minnesota Statutes 2004, section 86B.415,
74.33 	subdivision 4, is amended to read:
74.34 		Subd. 4.Watercraft used by nonprofit corporation for
74.35 	teaching.  The watercraft license fee for a watercraft used by a
74.36 	nonprofit organization for teaching boat and water safety is
75.1 	$3 $6 each.

75.2 	Sec. 62. Minnesota Statutes 2004, section 86B.415,
75.3 	subdivision 5, is amended to read:
75.4 		Subd. 5.Dealer's license.  There is no separate fee for
75.5 	watercraft owned by a dealer under a dealer's license.  The fee
75.6 	for a dealer's license is $45 $67.50.

75.7 	Sec. 63. Minnesota Statutes 2004, section 86B.415,
75.8 	subdivision 6, is amended to read:
75.9 		Subd. 6.Transfer or duplicate license.  The fee to
75.10 	transfer a watercraft license or be issued a duplicate license
75.11 	is $3 $6.

75.12 	Sec. 64. Minnesota Statutes 2004, section 86B.415, is
75.13 	amended by adding a subdivision to read:
75.14 		Subd. 11.Refunds. The commissioner may issue a refund
75.15 	on a license or title, not including any issuing fees paid under
75.16 	subdivision 8 or section 84.027, subdivision 15, paragraph (a),
75.17 	clause (3), or 86B.870, subdivision 1, paragraph (b), if the
75.18 	refund request is received within 12 months of the original
75.19 	license or title and:
75.20 	(1) the watercraft was licensed or titled incorrectly by
75.21 	the commissioner or the deputy registrar;
75.22 	(2) the customer was incorrectly charged a title fee; or 
75.23 	(3) the watercraft was licensed or titled twice, once by
75.24 	the dealer and once by the customer.

75.25 	Sec. 65. [86B.706] WATER RECREATION ACCOUNT; RECEIPTS AND
75.26 	PURPOSE.
75.27 		Subdivision 1.Creation. The water recreation account is
75.28 	created in the state treasury in the natural resources fund.
75.29 		Subd. 2.Money deposited in account. The following shall
75.30 	be deposited in the state treasury and credited to the water
75.31 	recreation account:
75.32 	(1) fees and surcharges from titling and licensing of
75.33 	watercraft under this chapter;
75.34 	(2) fines, installment payments, and forfeited bail
75.35 	according to section 86B.705, subdivision 2;
75.36 	(3) civil penalties according to section 84D.13;
76.1 	(4) mooring fees and receipts from the sale of marine gas
76.2 	at state-operated or state-assisted small craft harbors and
76.3 	mooring facilities according to section 86A.21;
76.4 	(5) the unrefunded gasoline tax attributable to watercraft
76.5 	use under section 296A.18; and 
76.6 	(6) fees for permits issued to control or harvest aquatic
76.7 	plants other than wild rice under section 103G.615, subdivision
76.8 	2.
76.9 		Subd. 3.Purposes. The money in the account may be
76.10 	expended only as appropriated by law for the following purposes:
76.11 	(1) as directed under section 296A.18, subdivision 2, for
76.12 	acquisition, development, maintenance, and rehabilitation of
76.13 	public water access and boating facilities on public waters;
76.14 	lake and river improvements; and boat and water safety;
76.15 	(2) from the fees collected at state-operated or
76.16 	state-assisted small craft harbors and mooring facilities from
76.17 	daily and seasonal moorings and the sale of marine gas, for
76.18 	maintenance, operation, replacement, and expansion of these
76.19 	facilities and for the debt service on state bonds sold to
76.20 	finance these facilities;
76.21 	(3) for administration and enforcement of this chapter as
76.22 	it pertains to titling and licensing of watercraft and use and
76.23 	safe operation of watercraft; grants for county-sponsored and
76.24 	administered boat and water safety programs; and state boat and
76.25 	water safety efforts;
76.26 	(4) for management of aquatic invasive species and the
76.27 	implementation of chapter 84D as it pertains to aquatic invasive
76.28 	species, including control, public awareness, law enforcement,
76.29 	assessment and monitoring, management planning, and research;
76.30 	and 
76.31 	(5) for management of aquatic plants and the implementation
76.32 	of section 103G.615 as it pertains to aquatic plants, including
76.33 	plant removal permitting, control, public awareness, law
76.34 	enforcement, assessment and monitoring, management planning, and
76.35 	research.

76.36 	Sec. 66. Minnesota Statutes 2004, section 88.17,
77.1 	subdivision 1, is amended to read:
77.2 		Subdivision 1.Permit required. (a) A permit to start a
77.3 	fire to burn vegetative materials and other materials allowed by
77.4 	Minnesota Statutes or official state rules and regulations may
77.5 	be given by the commissioner or the commissioner's agent.  This
77.6 	permission shall be in the form of:
77.7 	(1) a written permit signed issued by a forest officer,
77.8 	fire warden, authorized Minnesota pollution control agent,or
77.9 	other person authorized by the forest officer, or town fire
77.10 	warden, and commissioner; or 
77.11 	(2) an electronic permit issued by the commissioner, an
77.12 	agent authorized by the commissioner, or an Internet site
77.13 	authorized by the commissioner.
77.14 	(b) Burning permits shall set the time and conditions by
77.15 	which the fire may be started and burned.  The permit shall also
77.16 	specifically list the materials that may be burned.  The
77.17 	permittee must have the permit on their person and shall produce
77.18 	the permit for inspection when requested to do so by a forest
77.19 	officer, town fire warden,conservation officer, or other peace
77.20 	officer.  The permittee shall remain with the fire at all times
77.21 	and before leaving the site shall completely extinguish the
77.22 	fire.  A person shall not start or cause a fire to be started on
77.23 	any land that is not owned or under their legal control without
77.24 	the written permission of the owner, lessee, or an agent of the
77.25 	owner or lessee of the land.  Violating or exceeding the permit
77.26 	conditions shall constitute a misdemeanor and shall be cause for
77.27 	the permit to be revoked.

77.28 	Sec. 67. Minnesota Statutes 2004, section 88.17, is
77.29 	amended by adding a subdivision to read:
77.30 		Subd. 4.Account created. There is created in the state
77.31 	treasury a burning permit account within the natural resources
77.32 	fund where all fees collected under this section shall be
77.33 	deposited.

77.34 	Sec. 68. Minnesota Statutes 2004, section 88.17, is
77.35 	amended by adding a subdivision to read:
77.36 		Subd. 5.Permit fees. (a) The annual fees for an
78.1 	electronic burning permit are:
78.2 	(1) $5 for a noncommercial burning permit; and 
78.3 	(2) for commercial enterprises that obtain multiple
78.4 	permits, $5 per permit for each burning site, up to a maximum of
78.5 	$50 per individual business enterprise per year.
78.6 	(b) Except for the issuing fee under paragraph (c), and for
78.7 	the electronic licensing system commission established by the
78.8 	commissioner under section 84.027, subdivision 15, money
78.9 	received from permits issued under this section shall be
78.10 	deposited in the state treasury and credited to the burning
78.11 	permit account and is annually appropriated to the commissioner
78.12 	of natural resources for the costs of operating the burning
78.13 	permit system.
78.14 	(c) Of the fee amount collected under paragraph (a), $1
78.15 	shall be retained by the permit agent as a commission for
78.16 	issuing electronic permits.

78.17 	Sec. 69. Minnesota Statutes 2004, section 88.6435,
78.18 	subdivision 4, is amended to read:
78.19 		Subd. 4.forest bough account;disposition of permit fees
78.20 	and penalties. (a) The forest bough account is established in
78.21 	the state treasury within the natural resources fund.
78.22 	(b) Fees for permits issued under this section shall be
78.23 	deposited in the state treasury and credited to the special
78.24 	revenue fund forest bough account and, except for the electronic
78.25 	licensing system commission established by the commissioner
78.26 	under section 84.027, subdivision 15,are annually appropriated
78.27 	to the commissioner of natural resources for costs associated
78.28 	with balsam bough educational programs for harvesters and buyers.
78.29 	
EFFECTIVE DATE. This section is effective July 6, 2005.

78.30 	Sec. 70. Minnesota Statutes 2004, section 89.039,
78.31 	subdivision 1, is amended to read:
78.32 		Subdivision 1.Account established; sources.  The forest
78.33 	management investment account is created in the natural
78.34 	resources fund in the state treasury and money in the account
78.35 	may be spent only for the purposes provided in subdivision 2.
78.36 	The following revenue shall be deposited in the forest
79.1 	management investment account:
79.2 	(1) timber sales receipts transferred from the consolidated
79.3 	conservation areas account as provided in section 84A.51,
79.4 	subdivision 2;
79.5 	(2) timber sales receipts from forest lands as provided in
79.6 	section 89.035; and 
79.7 	(3) money transferred from the forest suspense account
79.8 	according to section 16A.125, subdivision 5; and 
79.9 	(4) interest accruing from investment of the account.

79.10 	Sec. 71. Minnesota Statutes 2004, section 89.19,
79.11 	subdivision 2, is amended to read:
79.12 		Subd. 2.Rulemaking exemption.  Designations of forest
79.13 	trails and changes to the designations by the commissioner shall
79.14 	be by written order published in the State Register.
79.15 	Designations and changes to designations are not subject to the
79.16 	rulemaking provisions of chapter 14 and section 14.386 does not
79.17 	apply.  Before designating or changing a designation of forest
79.18 	trails, the commissioner shall hold a public meeting in the
79.19 	county where the largest portion of the forest lands are located
79.20 	to provide information to and receive comment from the public
79.21 	regarding the proposed trail designation or change in
79.22 	designation.  Sixty days before the public meeting, notice of
79.23 	the proposed forest trail designation or change in designation 
79.24 	shall be published in the legal newspapers that serve the
79.25 	counties in which the lands are located, in a statewide
79.26 	Department of Natural Resources news release, and in the State
79.27 	Register.

79.28 	Sec. 72. Minnesota Statutes 2004, section 89.36,
79.29 	subdivision 2, is amended to read:
79.30 		Subd. 2.Purchase of stock.  The commissioner of natural
79.31 	resources may purchase tree planting stock for the purposes
79.32 	herein authorized under the provisions of sections 89.35 to
79.33 	89.39, or any other applicable law now or hereafter in
79.34 	force. The commissioner must give preference for Minnesota
79.35 	grown planting stock.

79.36 	Sec. 73. Minnesota Statutes 2004, section 89.37,
80.1 	subdivision 4, is amended to read:
80.2 		Subd. 4.Proceeds of sale.  All money received in payment
80.3 	for tree planting stock supplied under this section shall be
80.4 	deposited in the state treasury and credited to a forest nursery
80.5 	account and are available to the commissioner of natural
80.6 	resources for the purposes of sections 89.35 to 89.37, including
80.7 	forestry education and technical assistance.

80.8 	Sec. 74. Minnesota Statutes 2004, section 92.03,
80.9 	subdivision 4, is amended to read:
80.10 		Subd. 4.Internal improvement lands. When lands donated
80.11 	to the state under the eighth section of an act of Congress
80.12 	entitled "An act to appropriate the proceeds of the sales of the
80.13 	public lands, and to grant preemption rights," approved
80.14 	September 4, 1841, must be are sold and ,the money derived from
80.15 	its sale must be invested, as provided by the Minnesota
80.16 	Constitution, article XI, section 8.

80.17 	Sec. 75. [92.685] LAND MANAGEMENT ACCOUNT.
80.18 	The land management account is created in the natural
80.19 	resources fund.  Money credited to the account is appropriated
80.20 	annually to the commissioner of natural resources for the Lands
80.21 	and Minerals Division to administer the road easement program
80.22 	under section 84.631.

80.23 	Sec. 76. Minnesota Statutes 2004, section 93.22,
80.24 	subdivision 1, is amended to read:
80.25 		Subdivision 1.Generally. (a) All payments under
80.26 	sections 93.14 to 93.285 shall be made to the Department of
80.27 	Natural Resources and shall be credited according to this
80.28 	section.
80.29 	(a) (b) Twenty percent of all payments under sections 93.14
80.30 	to 93.285 shall be credited to the minerals management account
80.31 	in the natural resources fund as costs for the administration
80.32 	and management of state mineral resources by the commissioner of
80.33 	natural resources.
80.34 	(c) The remainder of the payments shall be credited as
80.35 	follows:
80.36 	(1) if the lands or minerals and mineral rights covered by
81.1 	a lease are held by the state by virtue of an act of Congress,
81.2 	payments made under the lease shall be credited to the permanent
81.3 	fund of the class of land to which the leased premises belong.;
81.4 	(b) (2) if a lease covers the bed of navigable waters,
81.5 	payments made under the lease shall be credited to the permanent
81.6 	school fund of the state.;
81.7 	(c) (3) if the lands or minerals and mineral rights covered
81.8 	by a lease are held by the state in trust for the taxing
81.9 	districts, payments made under the lease shall be distributed
81.10 	annually on the first day of September as follows:
81.11 	(1) 20 percent to the general fund; and 
81.12 	(2) 80 percent to the respective counties in which the
81.13 	lands lie, to be apportioned among the taxing districts
81.14 	interested therein as follows:  county, three-ninths; town or
81.15 	city, two-ninths; and school district, four-ninths.;
81.16 	(4) if the lands or mineral rights covered by a lease
81.17 	became the absolute property of the state under the provisions
81.18 	of chapter 84A, payments made under the lease shall be
81.19 	distributed as follows:  county containing the land from which
81.20 	the income was derived, five-eighths; and general fund of the
81.21 	state, three-eighths; and 
81.22 	(d) (5) Except as provided under this section and except
81.23 	where the disposition of payments may be otherwise directed by
81.24 	law, all payments made under a lease shall be paid into the
81.25 	general fund of the state.

81.26 	Sec. 77. [93.2236] MINERALS MANAGEMENT ACCOUNT.
81.27 	(a) The minerals management account is created as an
81.28 	account in the natural resources fund.  Interest earned on money
81.29 	in the account accrues to the account.  Money in the account may
81.30 	be spent or distributed only as provided in paragraphs (b) and
81.31 	(c).
81.32 	(b) If the balance in the minerals management account
81.33 	exceeds $3,000,000 on June 30, the amount exceeding $3,000,000
81.34 	must be distributed to the permanent school fund and the
81.35 	permanent university fund.  The amount distributed to each fund
81.36 	must be in the same proportion as the total mineral lease
82.1 	revenue received in the previous biennium from school trust
82.2 	lands and university lands.
82.3 	(c) Subject to appropriation by the legislature, money in
82.4 	the minerals management account may be spent by the commissioner
82.5 	of natural resources for mineral resource management and
82.6 	projects to enhance future mineral income and promote new
82.7 	mineral resource opportunities.

82.8 	Sec. 78. Minnesota Statutes 2004, section 94.342,
82.9 	subdivision 1, is amended to read:
82.10 		Subdivision 1.Class a.  All land owned by the state and
82.11 	controlled or administered by the commissioner or by any
82.12 	division or agency of the Department of Natural Resources shall
82.13 	be known as Class A land for the purposes of sections 94.341 to
82.14 	94.347.  Class A land shall include school, swamp, internal
82.15 	improvement, and other land granted to the state by acts of
82.16 	Congress, state forest land, tax-forfeited land held by the
82.17 	state free from any trust in favor of taxing districts, and
82.18 	other land acquired by the state in any manner and controlled or
82.19 	administered as aforesaid; but this enumeration shall not be
82.20 	deemed exclusive.

82.21 	Sec. 79. Minnesota Statutes 2004, section 94.342,
82.22 	subdivision 3, is amended to read:
82.23 		Subd. 3.class c additional restrictions on riparian
82.24 	land.  Land bordering on or adjacent to any meandered or other
82.25 	public waters and withdrawn from sale by law is Class C riparian 
82.26 	land. Class C Riparian land may not be given in exchange unless
82.27 	expressly authorized by the legislature or unless through the
82.28 	same exchange the state acquires land on the same or other
82.29 	public waters in the same general vicinity affording at least
82.30 	equal opportunity for access to the waters and other riparian
82.31 	use by the public; provided, that any exchange with the United
82.32 	States or any agency thereof may be made free from this
82.33 	limitation upon condition that the state land given in exchange
82.34 	bordering on public waters shall be subject to reservations by
82.35 	the state for public travel along the shores as provided by
82.36 	section 92.45, unless waived as provided in this subdivision,
83.1 	and that there shall be reserved by the state such additional
83.2 	rights of public use upon suitable portions of such state land
83.3 	as the commissioner of natural resources, with the approval of
83.4 	the Land Exchange Board, may deem necessary or desirable for
83.5 	camping, hunting, fishing, access to the water, and other public
83.6 	uses.  In regard to Class B or Class C riparian land that is
83.7 	contained within that portion of the Superior National Forest
83.8 	that is designated as the Boundary Waters Canoe Area Wilderness,
83.9 	the condition that state land given in exchange bordering on
83.10 	public waters must be subject to the public travel reservations
83.11 	provided in section 92.45, may be waived by the Land Exchange
83.12 	Board upon the recommendation of the commissioner of natural
83.13 	resources and, if the land is Class B land, the additional
83.14 	recommendation of the county board in which the land is located.

83.15 	Sec. 80. Minnesota Statutes 2004, section 94.342,
83.16 	subdivision 4, is amended to read:
83.17 		Subd. 4.additional restrictions on state park land.
 83.18 	Land specifically designated by law as a state park may not be
83.19 	given in exchange unless the land is school trust land that is
83.20 	exchanged for Class A or Class C land located outside a state
83.21 	park.

83.22 	Sec. 81. Minnesota Statutes 2004, section 94.342,
83.23 	subdivision 5, is amended to read:
83.24 		Subd. 5.additional restrictions on school trust land.
 83.25 	School trust land may be exchanged with other state Class A land
83.26 	only if the Permanent School Fund Advisory Committee is
83.27 	appointed as temporary trustee of the school trust land for
83.28 	purposes of the exchange.  The committee shall provide
83.29 	independent legal counsel to review the exchanges.

83.30 	Sec. 82. Minnesota Statutes 2004, section 94.343,
83.31 	subdivision 1, is amended to read:
83.32 		Subdivision 1.General exchange provisions. Except as
83.33 	otherwise herein provided,(a) Any Class A land may, with the
83.34 	unanimous approval of the board, be exchanged for any publicly
83.35 	held or privately owned land in the manner and subject to the
83.36 	conditions herein prescribed. Class A land may be exchanged
84.1 	only if it meets the requirements of subdivision 3 or 5.
84.2 	(b) The commissioner, with the approval of the board, shall
84.3 	formulate general programs of exchange of Class A land designed
84.4 	to serve the best interests of the state in the acquisition,
84.5 	development, and use of lands for purposes within the province
84.6 	of the Department of Natural Resources.

84.7 	Sec. 83. Minnesota Statutes 2004, section 94.343, is
84.8 	amended by adding a subdivision to read:
84.9 		Subd. 2a.Valuation of land. The commissioner shall
84.10 	cause the state land and the land proposed to be exchanged
84.11 	therefor to be examined and value determined as provided in
84.12 	section 84.0272; provided, that in exchanges with the United
84.13 	States or any agency thereof the examination and value
84.14 	determination may be made in such manner as the Land Exchange
84.15 	Board may direct.  The determined values shall not be
84.16 	conclusive, but shall be taken into consideration by the
84.17 	commissioner and the board, together with such other matters as
84.18 	they deem material, in determining the values for the purposes
84.19 	of exchange.

84.20 	Sec. 84. Minnesota Statutes 2004, section 94.343,
84.21 	subdivision 3, is amended to read:
84.22 		Subd. 3.exchanging land of substantially equal value
84.23 	required or lower value.  (a) Except as otherwise herein 
84.24 	provided, Class A land shall be exchanged only for land of at
84.25 	least substantially equal value to the state, as determined by
84.26 	the commissioner, with the approval of the board. For the
84.27 	purposes of such determination, the commissioner shall cause the
84.28 	state land and the land proposed to be exchanged therefor to be
84.29 	examined and appraised by qualified state appraisers as provided
84.30 	in section 84.0272; provided, that in exchanges with the United
84.31 	States or any agency thereof the examination and appraisal may
84.32 	be made in such manner as the Land Exchange Board may direct.
84.33 	The appraisers shall determine the fair market value of the
84.34 	lands involved, disregarding any minimum value fixed for state
84.35 	land by the state Constitution or by law, and shall make a
84.36 	report thereof, together with such other pertinent information
85.1 	respecting the use and value of the lands to the state as they
85.2 	deem pertinent or as the commissioner or the board may require.
85.3 	Such reports shall be filed and preserved in the same manner as
85.4 	other reports of appraisal of state lands.  The appraised values
85.5 	shall not be conclusive, but shall be taken into consideration
85.6 	by the commissioner and the board, together with such other
85.7 	matters as they deem material, in determining the values for the
85.8 	purposes of exchange.
85.9 	(b) For the purposes of this subdivision, "substantially
85.10 	equal value" means:
85.11 	(1) where the lands being exchanged are both over 100
85.12 	acres, their values do not differ by more than ten percent; and
85.13 	(2) in other cases, the values of the exchanged lands do
85.14 	not differ by more than 20 percent.
85.15 	(c) Other than school trust land, Class A land may be
85.16 	exchanged for land of lesser value if the other party to the
85.17 	exchange pays to the state the amount of the difference in value.
85.18 	Money received by the commissioner in such cases shall be
85.19 	credited to the same fund as in the case of sale of the land, if
85.20 	such a fund exists, otherwise to the special fund, if any, from
85.21 	which the cost of the land was paid, otherwise to the general
85.22 	fund.

85.23 	Sec. 85. Minnesota Statutes 2004, section 94.343,
85.24 	subdivision 7, is amended to read:
85.25 		Subd. 7.Public hearing.  Before giving final approval to
85.26 	any exchange of Class A land, the board commissioner shall hold
85.27 	a public hearing thereon at the capital city or at some place
85.28 	which it may designate in the general area where the lands
85.29 	involved are situated; provided, that the board may direct such
85.30 	hearing to be held in its behalf by any of its members or by the
85.31 	commissioner or by a referee appointed by the board.  The
85.32 	commissioner shall furnish to the auditor of each county
85.33 	affected a notice of the hearing signed by the state auditor as
85.34 	secretary of the board commissioner, together with a list of all
85.35 	the lands proposed to be exchanged and situated in the county,
85.36 	and the county auditor shall post the same in the auditor's
86.1 	office at least two weeks before the hearing.  The county
86.2 	auditor commissioner shall also cause a copy of the notice,
86.3 	referring to the list of lands posted, to be published at least
86.4 	two weeks before the hearing in a legal newspaper published in
86.5 	the county.  The cost of publication of the notice shall be paid
86.6 	by the state out of any moneys appropriated for the expenses of
86.7 	the board commissioner.

86.8 	Sec. 86. Minnesota Statutes 2004, section 94.343,
86.9 	subdivision 8, is amended to read:
86.10 		Subd. 8.Proposals for exchange.  The commissioner, with
86.11 	the approval of the board, may submit a proposal for exchange of
86.12 	Class A land to any land owner concerned.  Any land owner may
86.13 	submit to the commissioner and the board a proposal for exchange
86.14 	in such form as the commissioner, with the approval of the
86.15 	board,may prescribe.

86.16 	Sec. 87. Minnesota Statutes 2004, section 94.343, is
86.17 	amended by adding a subdivision to read:
86.18 		Subd. 8a.Fees. (a) When a private landowner or
86.19 	governmental unit, except the state, presents to the
86.20 	commissioner an offer to exchange privately or publicly held
86.21 	land for Class A land, the private landowner or governmental
86.22 	unit shall pay to the commissioner a determination of value fee
86.23 	and survey fee of not less than one-half of the cost of the
86.24 	determination of value and survey fees as determined by the
86.25 	commissioner.
86.26 	(b) Except as provided in paragraph (c), any payment made
86.27 	under paragraph (a) shall be credited to the account from which
86.28 	the expenses are paid and is appropriated for expenditure in the
86.29 	same manner as other money in the account.
86.30 	(c) The fees shall be refunded if the land exchange offer
86.31 	is withdrawn by a private landowner or governmental unit before
86.32 	the money is obligated to be spent.

86.33 	Sec. 88. Minnesota Statutes 2004, section 94.343,
86.34 	subdivision 10, is amended to read:
86.35 		Subd. 10.Conveyance.  Conveyance of Class A land given
86.36 	in exchange shall be made by deed executed by the commissioner
87.1 	in the name of the state, with a certificate of unanimous
87.2 	approval by the board appended.  All such deeds received by the
87.3 	state shall be recorded or registered in the county in which the
87.4 	lands lie, and all recorded deeds and certificates of registered
87.5 	title shall be filed in the office having custody of the state
87.6 	public land records in the Department of Natural Resources.

87.7 	Sec. 89. Minnesota Statutes 2004, section 94.344,
87.8 	subdivision 1, is amended to read:
87.9 		Subdivision 1.General exchange provisions. Except as
87.10 	otherwise provided,Class B land, by resolution of the county
87.11 	board of the county where the land is located and with the
87.12 	unanimous approval of the Land Exchange Board, may be exchanged
87.13 	for any publicly held or privately owned land in the same
87.14 	county. Class B land may be exchanged only if it meets the
87.15 	requirements of subdivision 3 or 5.

87.16 	Sec. 90. Minnesota Statutes 2004, section 94.344, is
87.17 	amended by adding a subdivision to read:
87.18 		Subd. 2a.Valuation of lands. For an exchange involving
87.19 	Class B land for Class A land, the value of the lands shall be
87.20 	determined by the commissioner, with approval of the Land
87.21 	Exchange Board.  For purposes of the determination, the
87.22 	commissioner shall determine the value of the state and
87.23 	tax-forfeited land proposed to be exchanged in the same manner
87.24 	as Class A land.  For all other purposes, the county board shall
87.25 	appraise the state land and the land in the proposed exchange in
87.26 	the same manner as tax-forfeited land to be offered for sale.
87.27 	The determined values shall not be conclusive, but shall be
87.28 	taken into consideration, together with such other matters as
87.29 	may be deemed material, in determining the values for the
87.30 	purposes of exchange.

87.31 	Sec. 91. Minnesota Statutes 2004, section 94.344,
87.32 	subdivision 3, is amended to read:
87.33 		Subd. 3.exchanging land of substantially equal value
87.34 	required or lower value.  (a) Except as otherwise provided,
87.35 	Class B land may be exchanged only for land of substantially
87.36 	equal value or greater value to the state, as determined by the
88.1 	county board, with the approval of the commissioner and the Land
88.2 	Exchange Board. For an exchange involving Class B land for
88.3 	Class A or Class C land, the value of the lands shall be
88.4 	determined by the commissioner, with approval of the Land
88.5 	Exchange Board.  For purposes of the determination, the
88.6 	commissioner shall appraise the state and tax-forfeited land
88.7 	proposed to be exchanged in the same manner as Class A land.
88.8 	For all other purposes, the county board shall appraise the
88.9 	state land and the land in the proposed exchange in the same
88.10 	manner as tax-forfeited land to be offered for sale.  The
88.11 	appraised values shall not be conclusive, but shall be taken
88.12 	into consideration, together with such other matters as may be
88.13 	deemed material, in determining the values for the purposes of
88.14 	exchange.
88.15 	(b) For the purposes of this subdivision, "substantially
88.16 	equal value" means:
88.17 	(1) where the lands being exchanged are both over 100
88.18 	acres, their values do not differ by more than ten percent; and
88.19 	(2) in other cases, the values of the exchanged lands do
88.20 	not differ by more than 20 percent.
88.21 	(c) Class B land may be exchanged for land of lesser value
88.22 	if the other party to the exchange pays to the state the amount
88.23 	of the difference in value.  Money received by the county
88.24 	treasurer shall be disposed of in like manner as the proceeds of
88.25 	a sale of tax-forfeited land.

88.26 	Sec. 92. Minnesota Statutes 2004, section 94.344,
88.27 	subdivision 5, is amended to read:
88.28 		Subd. 5.obtaining exchanging land of greater value. (a) 
88.29 	Class B land may be exchanged for land of greater value only in
88.30 	case if the other party to the exchange shall waive waives 
88.31 	payment for the difference.
88.32 	(b) Except for Class A school trust land, Class B land may
88.33 	be exchanged for Class A land of greater value if the county
88.34 	pays to the state the difference in value.
88.35 	(c) Class B land may be exchanged for United States-owned
88.36 	land of greater value if the county agrees to pay the difference
89.1 	in value.

89.2 	Sec. 93. Minnesota Statutes 2004, section 94.344,
89.3 	subdivision 8, is amended to read:
89.4 		Subd. 8.Proposals for exchange.  By direction of the
89.5 	county board,the county auditor may submit a proposal for
89.6 	exchange of Class B land to any land owner concerned.  Any land
89.7 	owner may file with the county auditor a proposal for exchange
89.8 	for consideration by the county board. Forms for such proposals
89.9 	shall be prescribed by the commissioner.

89.10 	Sec. 94. Minnesota Statutes 2004, section 94.344,
89.11 	subdivision 10, is amended to read:
89.12 		Subd. 10.Approval; conveyance.  After approval by the
89.13 	county board, every proposal for the exchange of Class B land
89.14 	shall be transmitted to the commissioner in such form and with
89.15 	such information as the commissioner may prescribe for
89.16 	consideration by the commissioner and by the board.  The county
89.17 	attorney's opinion on the title, with the abstract and other
89.18 	evidence of title, if any, shall accompany the proposal.  If the
89.19 	proposal be is approved by the commissioner and the board and
89.20 	the title be is approved by the attorney general, the same shall
89.21 	be certified to the commissioner of revenue, who shall execute a
89.22 	deed in the name of the state conveying the land given in
89.23 	exchange, with a certificate of unanimous approval by the board
89.24 	appended,and transmit the deed to the county auditor to be
89.25 	delivered upon receipt of a deed conveying to the state the land
89.26 	received in exchange, approved by the county attorney; provided,
89.27 	that if any amount is due the state under the terms of the
89.28 	exchange, the deed from the state shall not be executed or
89.29 	delivered until such amount is paid in full and a certificate
89.30 	thereof by the county auditor is filed with the commissioner of
89.31 	revenue.  The county auditor shall cause all deeds received by
89.32 	the state in such exchanges to be recorded or registered, and
89.33 	thereafter shall file the deeds or the certificates of
89.34 	registered title in the auditor's office.  If the land received
89.35 	by the county in the exchange is either Class A or Class C land,
89.36 	the commissioner of revenue shall deliver the deed for the Class
90.1 	B land to the commissioner of natural resources and following
90.2 	the recording of this deed, the commissioner of natural
90.3 	resources shall deliver to the county auditor a deed conveying
90.4 	the Class A or Class C land to the county auditor to be recorded
90.5 	or registered, and afterwards file the deeds or the certificate
90.6 	of registered title in the auditor's office.

90.7 	Sec. 95. Minnesota Statutes 2004, section 97A.055,
90.8 	subdivision 4b, is amended to read:
90.9 		Subd. 4b.Citizen oversight subcommittees.  (a) The
90.10 	commissioner shall appoint subcommittees of affected persons to
90.11 	review the reports prepared under subdivision 4; review the
90.12 	proposed work plans and budgets for the coming year; propose
90.13 	changes in policies, activities, and revenue enhancements or
90.14 	reductions; review other relevant information; and make
90.15 	recommendations to the legislature and the commissioner for
90.16 	improvements in the management and use of money in the game and
90.17 	fish fund.
90.18 	(b) The commissioner shall appoint the following
90.19 	subcommittees, each comprised of at least three affected persons:
90.20 	(1) a Fisheries Operations Subcommittee to review fisheries
90.21 	funding, excluding activities related to trout and salmon stamp
90.22 	funding;
90.23 	(2) a Wildlife Operations Subcommittee to review wildlife
90.24 	funding, excluding activities related to migratory waterfowl,
90.25 	pheasant, and turkey stamp funding and excluding review of the
90.26 	amounts available under section 97A.075, subdivision 1,
90.27 	paragraphs (b) and (c);
90.28 	(3) a Big Game Subcommittee to review the report required
90.29 	in subdivision 4, paragraph (a), clause (2);
90.30 	(4) an Ecological Services Operations Subcommittee to
90.31 	review ecological services funding;
90.32 	(5) a subcommittee to review game and fish fund funding of
90.33 	enforcement, support services, and Department of Natural
90.34 	Resources administration;
90.35 	(6) a subcommittee to review the trout and salmon stamp
90.36 	report and address funding issues related to trout and salmon;
91.1 	(7) a subcommittee to review the report on the migratory
91.2 	waterfowl stamp and address funding issues related to migratory
91.3 	waterfowl;
91.4 	(8) a subcommittee to review the report on the pheasant
91.5 	stamp and address funding issues related to pheasants; and
91.6 	(9) a subcommittee to review the report on the turkey stamp
91.7 	and address funding issues related to wild turkeys.
91.8 	(c) The chairs of each of the subcommittees shall form a
91.9 	Budgetary Oversight Committee to coordinate the integration of
91.10 	the subcommittee reports into an annual report to the
91.11 	legislature; recommend changes on a broad level in policies,
91.12 	activities, and revenue enhancements or reductions; provide a
91.13 	forum to address issues that transcend the subcommittees; and
91.14 	submit a report for any subcommittee that fails to submit its
91.15 	report in a timely manner.
91.16 	(d) The Budgetary Oversight Committee shall develop
91.17 	recommendations for a biennial budget plan and report for
91.18 	expenditures on game and fish activities.  By August 15 of each
91.19 	even-numbered year, the committee shall submit the budget plan
91.20 	recommendations to the commissioner and to the senate and house
91.21 	committees with jurisdiction over natural resources finance.
91.22 	(e) Each subcommittee shall choose its own chair, except
91.23 	that the chair of the Budgetary Oversight Committee shall be
91.24 	appointed by the commissioner and may not be the chair of any of
91.25 	the subcommittees.
91.26 	(f) The Budgetary Oversight Committee must make
91.27 	recommendations to the commissioner and to the senate and house
91.28 	committees with jurisdiction over natural resources finance for
91.29 	outcome goals from expenditures.
91.30 	(g) Notwithstanding section 15.059, subdivision 5, or other
91.31 	law to the contrary, the Budgetary Oversight Committee and
91.32 	subcommittees do not expire until June 30, 2005 2010.
91.33 	
EFFECTIVE DATE. This section is effective the day
91.34 	following final enactment.

91.35 	Sec. 96. Minnesota Statutes 2004, section 97A.061, is
91.36 	amended by adding a subdivision to read:
92.1 		Subd. 6.Annual appropriation for fiscal year 2007 and
92.2 	each year thereafter. Notwithstanding subdivision 1, paragraph
92.3 	(c), for the payment made in fiscal year 2007 and each year
92.4 	thereafter, the appraised value of the land acquired prior to
92.5 	July 1, 2004, shall be the value used for the payment made in
92.6 	fiscal year 2006.

92.7 	Sec. 97. Minnesota Statutes 2004, section 97A.071,
92.8 	subdivision 2, is amended to read:
92.9 		Subd. 2.Revenue from small game license surcharge and
92.10 	lifetime licenses.  Revenue from the small game surcharge and
92.11 	$6.50 annually from the lifetime fish and wildlife trust fund,
92.12 	established in section 97A.4742, for each license issued under
92.13 	sections 97A.473, subdivisions 3 and 5, and 97A.474, subdivision
92.14 	3, shall be credited to the wildlife acquisition account and the
92.15 	money in the account shall be used by is annually appropriated
92.16 	to the commissioner only for the purposes of this section, and
92.17 	acquisition and development of wildlife lands under section
92.18 	97A.145 and maintenance of the lands, in accordance with
92.19 	appropriations made by the legislature.

92.20 	Sec. 98. Minnesota Statutes 2004, section 97A.075,
92.21 	subdivision 3, is amended to read:
92.22 		Subd. 3.Trout and salmon stamp.  (a) Ninety percent of
92.23 	the revenue from trout and salmon stamps must be credited to the
92.24 	trout and salmon management account.  Money in the account may
92.25 	be used only for:
92.26 	(1) the development, restoration, maintenance, improvement,
92.27 	protection,and preservation of habitat for trout and salmon in 
92.28 	trout streams and lakes, including, but not limited to,
92.29 	evaluating habitat; stabilizing eroding stream banks; adding
92.30 	fish cover; modifying stream channels; managing vegetation to
92.31 	protect, shade, or reduce runoff on stream banks; and purchasing
92.32 	equipment to accomplish these tasks;
92.33 	(2) rearing of trout and salmon and , including utility and
92.34 	service costs associated with coldwater hatchery buildings and
92.35 	systems;stocking of trout and salmon in streams and lakes and
92.36 	Lake Superior; and monitoring and evaluating stocked trout and
93.1 	salmon;
93.2 	(3) acquisition of easements and fee title along trout
93.3 	waters;
93.4 	(4) identifying easement and fee title areas along trout
93.5 	waters; and
93.6 	(5) research and special management projects on trout
93.7 	streams, trout lakes, and Lake Superior and the anadromous 
93.8 	portions of its tributaries.
93.9 	(b) Money in the account may not be used for costs unless
93.10 	they are directly related to a specific parcel of land or body
93.11 	of water under paragraph (a) or ,to specific fish rearing
93.12 	activities under paragraph (a), clause (2), or for costs
93.13 	associated with supplies and equipment to implement trout and
93.14 	salmon management activities under paragraph (a).

93.15 	Sec. 99. Minnesota Statutes 2004, section 97A.135,
93.16 	subdivision 2a, is amended to read:
93.17 		Subd. 2a.Disposal of land in wildlife management areas.
 93.18 	(a) The commissioner may sell or exchange land in a wildlife
93.19 	management area authorized by designation under section 86A.07,
93.20 	subdivision 3, 97A.133, or 97A.145 if the commissioner vacates
93.21 	the designation before the sale or exchange in accordance with
93.22 	this subdivision.  The designation may be vacated only if the
93.23 	commissioner finds, after a public hearing, that the disposal of
93.24 	the land is in the public interest.
93.25 	(b) A sale under this subdivision is subject to sections
93.26 	94.09 to 94.16.  An exchange under this subdivision is subject
93.27 	to sections 94.341 to 94.348 94.347.
93.28 	(c) Revenue received from a sale authorized under paragraph
93.29 	(a) is appropriated to the commissioner for acquisition of
93.30 	replacement wildlife management lands.
93.31 	(d) Land acquired by the commissioner under this
93.32 	subdivision must meet the criteria in section 86A.05,
93.33 	subdivision 8, and as soon as possible after the acquisition
93.34 	must be designated as a wildlife management area under section
93.35 	86A.07, subdivision 3, 97A.133, or 97A.145.
93.36 	(e) In acquiring land under this subdivision, the
94.1 	commissioner must give priority to land within the same
94.2 	geographic region of the state as the land conveyed.

94.3 	Sec. 100. Minnesota Statutes 2004, section 97A.4742,
94.4 	subdivision 4, is amended to read:
94.5 		Subd. 4.Annual report.  By December 15 each year, the
94.6 	commissioner shall submit a report to the legislative committees
94.7 	having jurisdiction over environment and natural resources
94.8 	appropriations and environment and natural resources policy.
94.9 	The report shall state the amount of revenue received in and
94.10 	expenditures made from revenue transferred from the lifetime
94.11 	fish and wildlife trust fund to the game and fish fund and shall
94.12 	describe projects funded, locations of the projects, and results
94.13 	and benefits from the projects.  The report may be included in
94.14 	the game and fish fund report required by section 97A.055,
94.15 	subdivision 4.  The commissioner shall make the annual report
94.16 	available to the public.

94.17 	Sec. 101. Minnesota Statutes 2004, section 97A.485,
94.18 	subdivision 6, is amended to read:
94.19 		Subd. 6.Licenses to be sold and issuing fees.  (a)
94.20 	Persons authorized to sell licenses under this section must
94.21 	issue the following licenses for the license fee and the
94.22 	following issuing fees:
94.23 	(1) to take deer or bear with firearms and by archery, the
94.24 	issuing fee is $1;
94.25 	(2) Minnesota sporting, the issuing fee is $1; and
94.26 	(3) to take small game, to take fish by angling or by
94.27 	spearing, and to trap fur-bearing animals, the issuing fee is
94.28 	$1;
94.29 	(4) for a trout and salmon stamp that is not issued
94.30 	simultaneously with an angling or sporting a license, an issuing
94.31 	fee of 50 cents may be charged at the discretion of the
94.32 	authorized seller;
94.33 	(5) for stamps other than a trout and salmon stamp, and for
94.34 	a special season Canada goose license issued simultaneously with
94.35 	a license, there is no fee; and 
94.36 	(6) for licenses, seals, tags, or coupons issued without a
95.1 	fee under section 97A.441or 97A.465, there is no an issuing fee
95.2 	of 50 cents may be charged at the discretion of the authorized
95.3 	seller;
95.4 	(7) for lifetime licenses, there is no fee; and 
95.5 	(8) for all other licenses, permits, renewals, or
95.6 	applications or any other transaction through the electronic
95.7 	licensing system under this chapter or any other chapter when an
95.8 	issuing fee is not specified, an issuing fee of 50 cents may be
95.9 	charged at the discretion of the authorized seller.
95.10 	(b) An issuing fee may not be collected for issuance of a
95.11 	trout and salmon stamp if a stamp validation is issued
95.12 	simultaneously with the related angling or sporting license.
95.13 	Only one issuing fee may be collected when selling more than one
95.14 	trout and salmon stamp in the same transaction after the end of
95.15 	the season for which the stamp was issued.
95.16 	(c) The agent shall keep the issuing fee as a commission
95.17 	for selling the licenses.
95.18 	(d) The commissioner shall collect the issuing fee on
95.19 	licenses sold by the commissioner.
95.20 	(e) A license, except stamps, must state the amount of the
95.21 	issuing fee and that the issuing fee is kept by the seller as a
95.22 	commission for selling the licenses.
95.23 	(f) For duplicate licenses, including licenses issued
95.24 	without a fee,the issuing fees are:
95.25 	(1) for licenses to take big game, 75 cents; and
95.26 	(2) for other licenses, 50 cents.
95.27 	(g) The commissioner may issue one-day angling licenses in
95.28 	books of ten licenses each to fishing guides operating charter
95.29 	boats upon receipt of payment of all license fees, excluding the
95.30 	issuing fee required under this section.  Copies of sold and
95.31 	unsold licenses shall be returned to the commissioner.  The
95.32 	commissioner shall refund the charter boat captain for the
95.33 	license fees of all unsold licenses.  Copies of sold licenses
95.34 	shall be maintained by the commissioner for one year.

95.35 	Sec. 102. Minnesota Statutes 2004, section 97A.485,
95.36 	subdivision 7, is amended to read:
96.1 		Subd. 7.Electronic licensing system commission.  The
96.2 	commissioner shall retain for the operation of the electronic
96.3 	licensing system a commission of 4.7 percent of the commission
96.4 	established under section 84.027, subdivision 15, and issuing
96.5 	fees collected by the commissioner on all license fees
96.6 	collected, excluding:
96.7 	(1) the small game surcharge; and 
96.8 	(2) all issuing fees; and 
96.9 	(3) $2.50 of the license fee for the licenses in section
96.10 	97A.475, subdivisions 6, clauses (1), (2), and (4), 7, 8, 12,
96.11 	and 13.
96.12 	
EFFECTIVE DATE. This section is effective July 6, 2005.

96.13 	Sec. 103. Minnesota Statutes 2004, section 97A.551, is
96.14 	amended by adding a subdivision to read:
96.15 		Subd. 6.Tagging and registration. The commissioner may,
96.16 	by rule, require persons taking, possessing, and transporting
96.17 	certain species of fish to tag the fish with a special fish
96.18 	management tag and may require registration of tagged fish.  A
96.19 	person may not possess or transport a fish species taken in the
96.20 	state for which a special fish management tag is required unless
96.21 	a tag is attached to the fish in a manner prescribed by the
96.22 	commissioner.  The commissioner shall prescribe the manner of
96.23 	issuance and the type of tag as authorized under section
96.24 	97C.087.  The tag must be attached to the fish as prescribed by
96.25 	the commissioner immediately upon reducing the fish in
96.26 	possession and must remain attached to the fish until the fish
96.27 	is processed or consumed.  Species for which a special fish
96.28 	management tag is required must be transported undressed.

96.29 	Sec. 104. Minnesota Statutes 2004, section 97B.015,
96.30 	subdivision 1, is amended to read:
96.31 		Subdivision 1.Establishment.  The commissioner shall
96.32 	make rules establishing establish a statewide course in the safe
96.33 	use of firearms and identification of wild mammals and
96.34 	birds. At least one course must be held within the boundary of
96.35 	each school district.The courses must be conducted by the
96.36 	commissioner in cooperation with other organizations.  The
97.1 	courses must instruct youths in commonly accepted principles of
97.2 	safety in hunting and handling common hunting firearms and
97.3 	identification of various species of wild mammals and birds by
97.4 	sight and other unique characteristics.

97.5 	Sec. 105. Minnesota Statutes 2004, section 97B.015,
97.6 	subdivision 2, is amended to read:
97.7 		Subd. 2.Administration, supervision, and enforcement.
 97.8 	(a) The commissioner shall appoint a qualified person from the
97.9 	Enforcement Division under civil service rules as supervisor of
97.10 	hunting safety and prescribe the duties and responsibilities of
97.11 	the position.  The commissioner shall determine and provide the
97.12 	Enforcement Division with the necessary personnel for this
97.13 	section.
97.14 	(b) The commissioner may appoint one or more county
97.15 	directors of hunting safety in each county.  An appointed county
97.16 	director is responsible to the Enforcement Division.The
97.17 	Enforcement Division may appoint instructors necessary for this
97.18 	section. County directors and Instructors shall serve on a
97.19 	voluntary basis without compensation.  The Enforcement Division
97.20 	must supply the materials necessary for the course.  School
97.21 	districts may cooperate with the commissioner and volunteer
97.22 	instructors to provide space for the classroom portion of the
97.23 	training.

97.24 	Sec. 106. Minnesota Statutes 2004, section 97B.015,
97.25 	subdivision 5, is amended to read:
97.26 		Subd. 5.Firearms safety certificate.  The commissioner
97.27 	shall issue a firearms safety certificate to a person that
97.28 	satisfactorily completes the required course of instruction.  A
97.29 	person must be at least age 11 to take the firearms safety
97.30 	course and may receive a firearms safety certificate, but the
97.31 	certificate is not valid for hunting until the person is at
97.32 	least reaches age 12. A person who is age 11 and has a firearms
97.33 	safety certificate may purchase a deer, bear, turkey, or prairie
97.34 	chicken license that will become valid when the person reaches
97.35 	age 12.A firearms safety certificate issued to a person under
97.36 	age 12 by another state as provided in section 97B.020 is not
98.1 	valid for hunting in Minnesota until the person reaches age 12.
98.2 	The form and content of the firearms safety certificate shall be
98.3 	prescribed by the commissioner.

98.4 	Sec. 107. Minnesota Statutes 2004, section 97B.015,
98.5 	subdivision 7, is amended to read:
98.6 		Subd. 7.Fee for duplicate certificate.  The commissioner
98.7 	shall collect a fee, to include a $1 issuing fee for licensing
98.8 	agents,for issuing a duplicate firearms safety certificate.
98.9 	The commissioner shall establish a fee that neither
98.10 	significantly overrecovers nor underrecovers costs, including
98.11 	overhead costs, involved in providing the service.  The fee is
98.12 	not subject to the rulemaking provisions of chapter 14 and
98.13 	section 14.386 does not apply.  The commissioner may establish
98.14 	the fee notwithstanding section 16A.1283. The duplicate
98.15 	certificate fees, except for the issuing fee for licensing
98.16 	agents under this subdivision, shall be deposited in the game
98.17 	and fish fund and, except for the electronic licensing system
98.18 	commission established by the commissioner under section 84.027,
98.19 	subdivision 15, and issuing fees collected by the commissioner,
98.20 	are appropriated annually to the Enforcement Division of the
98.21 	Department of Natural Resources for the administration of the
98.22 	firearm safety course program.
98.23 	
EFFECTIVE DATE. This section is effective July 6, 2005.

98.24 	Sec. 108. Minnesota Statutes 2004, section 97B.020, is
98.25 	amended to read:
98.26 	97B.020 FIREARMS SAFETY CERTIFICATE REQUIRED.
98.27 	(a) Except as provided in this section and section 97A.451,
98.28 	subdivision 3a, a person born after December 31, 1979, may not
98.29 	obtain an annual license to take wild animals by firearms unless
98.30 	the person has:
98.31 	(1) a firearms safety certificate or equivalent
98.32 	certificate,;
98.33 	(2) a driver's license or identification card with a valid
98.34 	firearms safety qualification indicator issued under section
98.35 	171.07, subdivision 13,;
98.36 	(3) a previous hunting license,with a valid firearms
99.1 	safety qualification indicator;or
99.2 	(4) other evidence indicating that the person has completed
99.3 	in this state or in another state a hunter safety course
99.4 	recognized by the department under a reciprocity agreement or
99.5 	certified by the department as substantially similar.
99.6 	(b) A person who is on active duty and has successfully
99.7 	completed basic training in the United States armed forces,
99.8 	reserve component, or National Guard may obtain a hunting
99.9 	license or approval authorizing hunting regardless of whether
99.10 	the person is issued a firearms safety certificate.
99.11 	(b) (c) A person born after December 31, 1979, may not use
99.12 	a lifetime license to take wild animals by firearms, unless the
99.13 	person meets the requirements for obtaining an annual license
99.14 	under paragraph (a) or (b).

99.15 	Sec. 109. Minnesota Statutes 2004, section 97B.025, is
99.16 	amended to read:
99.17 	97B.025 HUNTER AND TRAPPER EDUCATION.
99.18 	(a) The commissioner may establish education courses for
99.19 	hunters and trappers.  The commissioner shall collect a fee from
99.20 	each person attending a course.  A fee, to include a $1 issuing
99.21 	fee for licensing agents,shall be collected for issuing a
99.22 	duplicate certificate.  The commissioner shall establish the
99.23 	fees in a manner that neither significantly overrecovers nor
99.24 	underrecovers costs, including overhead costs, involved in
99.25 	providing the services.  The fees are not subject to the
99.26 	rulemaking provisions of chapter 14 and section 14.386 does not
99.27 	apply.  The commissioner may establish the fees notwithstanding
99.28 	section 16A.1283.  The fees, except for the issuing fee for
99.29 	licensing agents under this subdivision,shall be deposited in
99.30 	the game and fish fund and the amount thereof, except for the
99.31 	electronic licensing system commission established by the
99.32 	commissioner under section 84.027, subdivision 15,is
99.33 	appropriated annually to the Enforcement Division of the
99.34 	Department of Natural Resources for the administration of the
99.35 	program.  In addition to the fee established by the commissioner
99.36 	for each course, instructors may charge each person up to the
100.1 	established fee amount for class materials and expenses.  School
100.2 	districts may cooperate with the commissioner and volunteer
100.3 	instructors to provide space for the classroom portion of the
100.4 	training.
100.5 	(b) The commissioner shall enter into an agreement with a
100.6 	statewide nonprofit trappers association to conduct a trapper
100.7 	education program.  At a minimum, the program must include at
100.8 	least six hours of classroom and in the field training.  The
100.9 	program must include a review of state trapping laws and
100.10 	regulations, trapping ethics, the setting and tending of traps
100.11 	and snares, tagging and registration requirements, and the
100.12 	preparation of pelts.  The association shall be responsible for
100.13 	all costs of conducting the education program, and shall not
100.14 	charge any fee for attending the course.

100.15 	EFFECTIVE DATE. This section is effective July 6, 2005.

100.16 	Sec. 110. Minnesota Statutes 2004, section 97C.085, is
100.17 	amended to read:
100.18 	97C.085 PERMIT REQUIRED FOR TAGGING FISH.
100.19 	A person may not tag or otherwise mark a live fish for
100.20 	identification without a permit from the commissioner, except
100.21 	for special fish management tags as authorized under section
100.22 	97A.551.

100.23 	Sec. 111. [97C.087] SPECIAL FISH MANAGEMENT TAGS.
100.24 		Subdivision 1.Tags to be issued. If the commissioner
100.25 	determines it is necessary to require that a species of fish be
100.26 	tagged with a special fish management tag, the commissioner
100.27 	shall prescribe, by rule, the species to be tagged, tagging
100.28 	procedures, and eligibility requirements.
100.29 		Subd. 2.Application for tag. Application for special
100.30 	fish management tags must be accompanied by a $5, nonrefundable
100.31 	application fee for each tag.  A person may not make more than
100.32 	one tag application each year.  If a person makes more than one
100.33 	application, the person is ineligible for a special fish
100.34 	management tag for that season after determination by the
100.35 	commissioner, without a hearing.

100.36 	Sec. 112. Minnesota Statutes 2004, section 97C.327, is
101.1 	amended to read:
101.2 	97C.327 MEASUREMENT OF FISH LENGTH.
101.3 	For the purpose of determining compliance with size limits
101.4 	for fish in this chapter or in rules of the commissioner, the
101.5 	length of a fish must be measured from the tip of the nose or
101.6 	jaw, whichever is longer,to the farthest tip of the tail when
101.7 	fully extended.

101.8 	Sec. 113. Minnesota Statutes 2004, section 97C.395,
101.9 	subdivision 1, is amended to read:
101.10 		Subdivision 1.Dates for certain species.  (a) The open
101.11 	seasons to take fish by angling are as follows:
101.12 	(1) for walleye, sauger, northern pike, muskellunge,
101.13 	largemouth bass, and smallmouth bass, the Saturday two weeks
101.14 	prior to the Saturday of Memorial Day weekend to the third last 
101.15 	Sunday in February;
101.16 	(2) for lake trout, from January 1 to October 31;
101.17 	(3) for brown trout, brook trout, rainbow trout, and
101.18 	splake, between January 1 to October 31 as prescribed by the
101.19 	commissioner by rule except as provided in section 97C.415,
101.20 	subdivision 2; and
101.21 	(4) for salmon, as prescribed by the commissioner by rule.
101.22 	(b) The commissioner shall close the season in areas of the
101.23 	state where fish are spawning and closing the season will
101.24 	protect the resource.

101.25 	Sec. 114. Minnesota Statutes 2004, section 103F.535,
101.26 	subdivision 1, is amended to read:
101.27 		Subdivision 1.Reservation of marginal land and
101.28 	wetlands.  (a) Marginal land and wetlands are withdrawn from
101.29 	sale or exchange unless:
101.30 	(1) notice of the existence of the nonforested marginal
101.31 	land or wetlands, in a form prescribed by the Board of Water and
101.32 	Soil Resources, is provided to prospective purchasers; and
101.33 	(2) the deed contains a restrictive covenant, in a form
101.34 	prescribed by the Board of Water and Soil Resources, that
101.35 	precludes enrollment of the land in a state-funded program
101.36 	providing compensation for conservation of marginal land or
102.1 	wetlands.
102.2 	(b) This section does not apply to transfers of land by the
102.3 	Board of Water and Soil Resources to correct errors in legal
102.4 	descriptions under section 103F.515, subdivision 8, or to
102.5 	transfers by the commissioner of natural resources for:
102.6 	(1) land that is currently in nonagricultural commercial
102.7 	use if a restrictive covenant would interfere with the
102.8 	commercial use;
102.9 	(2) land in platted subdivisions;
102.10 	(3) conveyances of land to correct errors in legal
102.11 	descriptions under section 84.0273;
102.12 	(4) exchanges of nonagricultural land with the federal
102.13 	government, or exchanges of Class A, Class B, and Class C 
102.14 	riparian nonagricultural land with local units of government
102.15 	under sections 94.342, 94.343, and 94.344, and 94.349;
102.16 	(5) land transferred to political subdivisions for public
102.17 	purposes under sections 84.027, subdivision 10, and 94.10; and
102.18 	(6) land not needed for trail purposes that is sold to
102.19 	adjacent property owners and lease holders under section 85.015,
102.20 	subdivision 1, paragraph (b).
102.21 	(c) This section does not apply to transfers of land by the
102.22 	commissioner of administration or transportation or by the
102.23 	Minnesota Housing Finance Agency, or to transfers of
102.24 	tax-forfeited land under chapter 282 if:
102.25 	(1) the land is in platted subdivisions; or
102.26 	(2) the conveyance is a transfer to correct errors in legal
102.27 	descriptions.
102.28 	(d) This section does not apply to transfers of land by the
102.29 	commissioner of administration or by the Minnesota Housing
102.30 	Finance Agency for:
102.31 	(1) land that is currently in nonagricultural commercial
102.32 	use if a restrictive covenant would interfere with the
102.33 	commercial use; or
102.34 	(2) land transferred to political subdivisions for public
102.35 	purposes under sections 84.027, subdivision 10, and 94.10.

102.36 	Sec. 115. Minnesota Statutes 2004, section 103G.271,
103.1 	subdivision 6, is amended to read:
103.2 		Subd. 6.Water use permit processing fee.  (a) Except as
103.3 	described in paragraphs (b) to (f), a water use permit
103.4 	processing fee must be prescribed by the commissioner in
103.5 	accordance with the schedule of fees in this subdivision for
103.6 	each water use permit in force at any time during the year.  The
103.7 	schedule is as follows, with the stated fee in each clause
103.8 	applied to the total amount appropriated:
103.9 	(1) $101 for amounts not exceeding 50,000,000 gallons per
103.10 	year;
103.11 	(2) $3 per 1,000,000 gallons for amounts greater than
103.12 	50,000,000 gallons but less than 100,000,000 gallons per year;
103.13 	(3) $3.50 per 1,000,000 gallons for amounts greater than
103.14 	100,000,000 gallons but less than 150,000,000 gallons per year;
103.15 	(4) $4 per 1,000,000 gallons for amounts greater than
103.16 	150,000,000 gallons but less than 200,000,000 gallons per year;
103.17 	(5) $4.50 per 1,000,000 gallons for amounts greater than
103.18 	200,000,000 gallons but less than 250,000,000 gallons per year;
103.19 	(6) $5 per 1,000,000 gallons for amounts greater than
103.20 	250,000,000 gallons but less than 300,000,000 gallons per year;
103.21 	(7) $5.50 per 1,000,000 gallons for amounts greater than
103.22 	300,000,000 gallons but less than 350,000,000 gallons per year;
103.23 	(8) $6 per 1,000,000 gallons for amounts greater than
103.24 	350,000,000 gallons but less than 400,000,000 gallons per year;
103.25 	(9) $6.50 per 1,000,000 gallons for amounts greater than
103.26 	400,000,000 gallons but less than 450,000,000 gallons per year;
103.27 	(10) $7 per 1,000,000 gallons for amounts greater than
103.28 	450,000,000 gallons but less than 500,000,000 gallons per year;
103.29 	and
103.30 	(11) $7.50 per 1,000,000 gallons for amounts greater than
103.31 	500,000,000 gallons per year.
103.32 	(b) For once-through cooling systems, a water use
103.33 	processing fee must be prescribed by the commissioner in
103.34 	accordance with the following schedule of fees for each water
103.35 	use permit in force at any time during the year:
103.36 	(1) for nonprofit corporations and school districts, $150
104.1 	per 1,000,000 gallons; and
104.2 	(2) for all other users, $200 $300 per 1,000,000 gallons.
104.3 	(c) The fee is payable based on the amount of water
104.4 	appropriated during the year and, except as provided in
104.5 	paragraph (f), the minimum fee is $100.
104.6 	(d) For water use processing fees other than once-through
104.7 	cooling systems:
104.8 	(1) the fee for a city of the first class may not exceed
104.9 	$250,000 per year;
104.10 	(2) the fee for other entities for any permitted use may
104.11 	not exceed:
104.12 	(i) $50,000 per year for an entity holding three or fewer
104.13 	permits;
104.14 	(ii) $75,000 per year for an entity holding four or five
104.15 	permits;
104.16 	(iii) $250,000 per year for an entity holding more than
104.17 	five permits;
104.18 	(3) the fee for agricultural irrigation may not exceed $750
104.19 	per year;
104.20 	(4) the fee for a municipality that furnishes electric
104.21 	service and cogenerates steam for home heating may not exceed
104.22 	$10,000 for its permit for water use related to the cogeneration
104.23 	of electricity and steam; and
104.24 	(5) no fee is required for a project involving the
104.25 	appropriation of surface water to prevent flood damage or to
104.26 	remove flood waters during a period of flooding, as determined
104.27 	by the commissioner.
104.28 	(e) Failure to pay the fee is sufficient cause for revoking
104.29 	a permit.  A penalty of two percent per month calculated from
104.30 	the original due date must be imposed on the unpaid balance of
104.31 	fees remaining 30 days after the sending of a second notice of
104.32 	fees due.  A fee may not be imposed on an agency, as defined in
104.33 	section 16B.01, subdivision 2, or federal governmental agency
104.34 	holding a water appropriation permit.
104.35 	(f) The minimum water use processing fee for a permit
104.36 	issued for irrigation of agricultural land is $20 for years in
105.1 	which:
105.2 	(1) there is no appropriation of water under the permit; or 
105.3 	(2) the permit is suspended for more than seven consecutive
105.4 	days between May 1 and October 1.A surcharge of $20 per
105.5 	million gallons in addition to the fee prescribed in paragraph
105.6 	(a) shall be applied to the volume of water used in each of the
105.7 	months of June, July, and August that exceeds the volume of
105.8 	water used in January for municipal water and community public
105.9 	water supply use, irrigation of golf courses, and landscape
105.10 	irrigation.

105.11 	Sec. 116. Minnesota Statutes 2004, section 103G.301,
105.12 	subdivision 2, is amended to read:
105.13 		Subd. 2.Permit application fees.  (a) An application for
105.14 	a permit authorized under this chapter, and each request to
105.15 	amend or transfer an existing permit, must be accompanied by a
105.16 	permit application fee to defray the costs of receiving,
105.17 	recording, and processing the application or request to amend or
105.18 	transfer.
105.19 	(b) The fee to apply for a permit to appropriate water, a
105.20 	permit to construct or repair a dam that is subject to dam
105.21 	safety inspection, or a state general permit or to apply for the
105.22 	state water bank program is $75 $150.  The application fee for a
105.23 	permit to work in public waters or to divert waters for mining
105.24 	must be at least $75 $150, but not more than $500 $1,000,
105.25 	according to a schedule of fees adopted under section 16A.1285.

105.26 	Sec. 117. Minnesota Statutes 2004, section 103G.615,
105.27 	subdivision 2, is amended to read:
105.28 		Subd. 2.Fees.  (a) The commissioner shall establish a
105.29 	fee schedule for permits to control or harvest aquatic plants
105.30 	other than wild rice.  The fees must be set by rule, and section
105.31 	16A.1283 does not apply.  The fees may not exceed $750 per
105.32 	permit based upon the cost of receiving, processing, analyzing,
105.33 	and issuing the permit, and additional costs incurred after the
105.34 	application to inspect and monitor the activities authorized by
105.35 	the permit, and enforce aquatic plant management rules and
105.36 	permit requirements.
106.1 	(b) The fee for a permit for the control of rooted aquatic
106.2 	vegetation is $35 for each contiguous parcel of shoreline owned
106.3 	by an owner.  This fee may not be charged for permits issued in
106.4 	connection with purple loosestrife control or lakewide Eurasian
106.5 	water milfoil control programs.
106.6 	(c) A fee may not be charged to the state or a federal
106.7 	governmental agency applying for a permit.
106.8 	(d) The money received for the permits under this
106.9 	subdivision shall be deposited in the treasury and credited to
106.10 	the game and fish fund water recreation account.

106.11 	Sec. 118. Minnesota Statutes 2004, section 103I.681,
106.12 	subdivision 11, is amended to read:
106.13 		Subd. 11.Permit fee schedule.  (a) The commissioner of
106.14 	natural resources shall adopt a permit fee schedule under
106.15 	chapter 14.  The schedule may provide minimum fees for various
106.16 	classes of permits, and additional fees, which may be imposed
106.17 	subsequent to the application, based on the cost of receiving,
106.18 	processing, analyzing, and issuing the permit, and the actual
106.19 	inspecting and monitoring of the activities authorized by the
106.20 	permit, including costs of consulting services.
106.21 	(b) A fee may not be imposed on a state or federal
106.22 	governmental agency applying for a permit.
106.23 	(c) The fee schedule may provide for the refund of a fee,
106.24 	in whole or in part, under circumstances prescribed by the
106.25 	commissioner of natural resources. Permit Fees received must be
106.26 	deposited in the state treasury and credited to the general
106.27 	fund. The amount of money necessary to pay the refunds is 
106.28 	Permit fees received are appropriated annually from the general
106.29 	fund to the commissioner of natural resources for the costs of
106.30 	inspecting and monitoring the activities authorized by the
106.31 	permit, including costs of consulting services.

106.32 	Sec. 119. Minnesota Statutes 2004, section 115.06,
106.33 	subdivision 4, is amended to read:
106.34 		Subd. 4.Citizen monitoring of water quality.  (a) The
106.35 	agency may encourage citizen monitoring of ambient water quality
106.36 	for public waters by:
107.1 	(1) providing technical assistance to citizen and local
107.2 	group water quality monitoring efforts;
107.3 	(2) integrating citizen monitoring data into water quality
107.4 	assessments and agency programs, provided that the data adheres
107.5 	to agency quality assurance and quality control protocols; and
107.6 	(3) seeking public and private funds to:
107.7 	(i) collaboratively develop clear guidelines for water
107.8 	quality monitoring procedures and data management practices for
107.9 	specific data and information uses;
107.10 	(ii) distribute the guidelines to citizens, local
107.11 	governments, and other interested parties;
107.12 	(iii) improve and expand water quality monitoring
107.13 	activities carried out by the agency; and
107.14 	(iv) continue to improve electronic and Web access to water
107.15 	quality data and information about public waters that have been
107.16 	either fully or partially assessed.
107.17 	(b) This subdivision does not authorize a citizen to enter
107.18 	onto private property for any purpose.
107.19 	(c) By January 15 of each odd-numbered year, the
107.20 	commissioner shall report to the senate and house of
107.21 	representatives committees with jurisdiction over environmental
107.22 	policy and finance on activities under this section.
107.23 	(d) This subdivision shall sunset June 30, 2005.

107.24 	Sec. 120. Minnesota Statutes 2004, section 115.551, is
107.25 	amended to read:
107.26 	115.551 TANK FEE.
107.27 	(a) An installer shall pay a fee of $25 for each septic
107.28 	system tank installed in the previous calendar year.  The fees
107.29 	required under this section must be paid to the commissioner by
107.30 	January 30 of each year.  The revenue derived from the fee
107.31 	imposed under this section shall be deposited in the
107.32 	environmental fund and is exempt from section 16A.1285.
107.33 	(b) Notwithstanding paragraph (a), for the purposes of
107.34 	performance-based individual sewage treatment systems, the tank
107.35 	fee is limited to $25 per household system installation.

107.36 	Sec. 121. Minnesota Statutes 2004, section 115A.03,
108.1 	subdivision 21, is amended to read:
108.2 		Subd. 21.Mixed municipal solid waste.  (a) "Mixed
108.3 	municipal solid waste" means garbage, refuse, and other solid
108.4 	waste from residential, commercial, industrial, and community
108.5 	activities that the generator of the waste aggregates for
108.6 	collection, except as provided in paragraph (b).
108.7 	(b) Mixed municipal solid waste does not include auto
108.8 	hulks, street sweepings, ash, construction debris, mining waste,
108.9 	sludges, tree and agricultural wastes, tires, lead acid
108.10 	batteries, motor and vehicle fluids and filters, and other
108.11 	materials collected, processed, and disposed of as separate
108.12 	waste streams, but does include source-separated compostable 
108.13 	organic materials.

108.14 	Sec. 122. Minnesota Statutes 2004, section 115A.03,
108.15 	subdivision 32a, is amended to read:
108.16 		Subd. 32a.Source-separated compostable materials.
 108.17 	"Source-separated compostable organic materials" means mixed
108.18 	municipal solid waste that:
108.19 	(1) is separated at the source by waste generators for the
108.20 	purpose of preparing it for use as food for animals, or compost;
108.21 	(2) is collected separately from other mixed municipal
108.22 	solid wastes;
108.23 	(3) is comprised of food wastes, fish and animal waste,
108.24 	plant materials, yard waste,diapers, sanitary products, and
108.25 	paper that is not recyclable because the director has determined
108.26 	that no other person is willing to accept the paper for
108.27 	recycling; and
108.28 	(4) is delivered to a facility to undergo undergoes one of
108.29 	the following processes:
108.30 	(i) controlled microbial degradation to yield a humus-like
108.31 	product meeting the agency's class I or class II, or equivalent,
108.32 	compost standards and where process residues do not exceed 15
108.33 	percent by weight of the total material delivered to the
108.34 	facility; or 
108.35 	(ii) controlled packaging separation followed by (A)
108.36 	treatment, including heating and drying the material to less
109.1 	than ten percent moisture, to insure that it meets the
109.2 	requirements of chapter 25 to be sold as commercial feed; or (B)
109.3 	treatment in accordance with Minnesota Rules, part 1720.0930, to
109.4 	allow its use as food for livestock and poultry.

109.5 	Sec. 123. Minnesota Statutes 2004, section 115A.072,
109.6 	subdivision 1, is amended to read:
109.7 		Subdivision 1.Environmental education advisory board.
 109.8 	(a) The director shall provide for the development and
109.9 	implementation of environmental education programs that are
109.10 	designed to meet the goals listed in section 115A.073.
109.11 	(b) The Environmental Education Advisory Board shall advise
109.12 	the director in carrying out the director's responsibilities
109.13 	under this section.  The board consists of 20 members as follows:
109.14 	(1) a representative of the Pollution Control Agency,
109.15 	appointed by the commissioner of the agency;
109.16 	(2) a representative of the Department of Education,
109.17 	appointed by the commissioner of education;
109.18 	(3) a representative of the Department of Agriculture,
109.19 	appointed by the commissioner of agriculture;
109.20 	(4) a representative of the Department of Health, appointed
109.21 	by the commissioner of health;
109.22 	(5) a representative of the Department of Natural
109.23 	Resources, appointed by the commissioner of natural resources;
109.24 	(6) a representative of the Board of Water and Soil
109.25 	Resources, appointed by that board;
109.26 	(7) a representative of the Environmental Quality Board,
109.27 	appointed by that board;
109.28 	(8) a representative of the Board of Teaching, appointed by
109.29 	that board;
109.30 	(9) a representative of the University of Minnesota
109.31 	Extension Service, appointed by the director of the service;
109.32 	(10) a citizen member from each congressional district, of
109.33 	which two must be licensed teachers currently teaching in the
109.34 	K-12 system, appointed by the director; and
109.35 	(11) three at-large citizen members, appointed by the
109.36 	director.
110.1 	The citizen members shall serve two-year terms.  Compensation of
110.2 	board members is governed by section 15.059, subdivision 6.  The
110.3 	board expires on June 30, 2003 2008.

110.4 	Sec. 124. Minnesota Statutes 2004, section 115A.12, is
110.5 	amended to read:
110.6 	115A.12 ADVISORY COUNCILS.
110.7 	(a) The director shall establish a Solid Waste Management
110.8 	Advisory Council and a Prevention, Reduction, and Recycling an
110.9 	Environmental Innovations Advisory Council that are is broadly
110.10 	representative of the geographic areas and interests of the
110.11 	state.
110.12 	(b) The solid waste council shall have not less than nine
110.13 	nor more than 21 members.  The membership of the solid waste
110.14 	council shall consist of one-third citizen representatives,
110.15 	one-third representatives from local government units, and
110.16 	one-third representatives from private solid waste management
110.17 	firms.  The solid waste council shall contain at least three
110.18 	members experienced in the private recycling industry and at
110.19 	least one member experienced in each of the following areas:
110.20 	state and municipal finance; solid waste collection, processing,
110.21 	and disposal; and solid waste reduction and resource recovery.
110.22 	(c) (b) The Prevention, Reduction, and Recycling 
110.23 	Environmental Innovations Advisory Council shall have not less
110.24 	than nine nor or more than 24 members.  The membership shall
110.25 	consist of one-third citizen representatives, one-third
110.26 	representatives of government, institutional,and one-third
110.27 	representatives of business and industry representatives. The
110.28 	director may appoint nonvoting members from other environmental
110.29 	and business assistance providers in the state.
110.30 	(d) (c) The chairs chair of the advisory councils 
110.31 	council shall be appointed by the director.  The director shall
110.32 	provide administrative and staff services for the advisory
110.33 	councils council.  The advisory councils council shall have such
110.34 	duties as are assigned by law or the director.  The Solid Waste
110.35 	Advisory Council shall make recommendations to the office on its
110.36 	solid waste management activities.  The Prevention, Reduction,
111.1 	and Recycling Environmental Innovations Advisory Council shall
111.2 	make recommendations to the office on policy, programs, and
111.3 	legislation in pollution prevention, waste reduction, reuse and ,
111.4 	recycling, and resource conservation, and the management of
111.5 	hazardous waste. The Environmental Innovations Advisory Council
111.6 	shall focus on developing and implementing innovative programs
111.7 	that improve Minnesota's environment by emphasizing front-end
111.8 	preventative, and resource conservation approaches to preventing
111.9 	waste and pollution.  The council shall emphasize partnerships
111.10 	of government, citizens, institutions, and business to develop
111.11 	and implement these programs.Members of the advisory councils 
111.12 	council shall serve without compensation but shall be reimbursed
111.13 	for their reasonable expenses as determined by the director.
111.14 	Notwithstanding section 15.059, subdivision 5, the Solid Waste
111.15 	Management Advisory Council and the Prevention, Reduction, and
111.16 	Recycling Environmental Innovations Advisory Council expire 
111.17 	expires June 30, 2003 2009.

111.18 	Sec. 125. Minnesota Statutes 2004, section 115A.545,
111.19 	subdivision 1, is amended to read:
111.20 		Subdivision 1.Definition.  (a) For the purpose of this
111.21 	section, the following terms have the meanings given them.
111.22 	(b) "Processed" means mixed municipal solid waste that has
111.23 	been:
111.24 	(1) burned for energy recovery; or 
111.25 	(2) recovered for animals; or 
111.26 	(3) processed into usable compost or refuse derived fuel.
111.27 	(c) "Processing facility" means a facility designed to burn
111.28 	mixed municipal solid waste for energy recovery or designed to
111.29 	process mixed municipal solid waste into usable compost or
111.30 	refuse-derived fuel.
111.31 	(d) "County" includes a consortium of counties operating
111.32 	under a solid waste management joint powers agreement.

111.33 	Sec. 126. Minnesota Statutes 2004, section 115A.929, is
111.34 	amended to read:
111.35 	115A.929 FEES; ACCOUNTING.
111.36 	Each political subdivision that provides for solid waste
112.1 	management shall account for all revenue collected from waste
112.2 	management fees, together with interest earned on revenue from
112.3 	the fees, separately from other revenue collected by the
112.4 	political subdivision and shall report revenue collected from
112.5 	the fees and use of the revenue separately from other revenue
112.6 	and use of revenue in any required financial report or audit.
112.7 	Each political subdivision must file with the director, on or
112.8 	before June 30 annually, the separate report of all revenue
112.9 	collected from waste management fees, together with interest on
112.10 	revenue from the fees, for the previous year.For the purposes
112.11 	of this section, "waste management fees" means:
112.12 	(1) all fees, charges, and surcharges collected under
112.13 	sections 115A.919, 115A.921, and 115A.923;
112.14 	(2) all tipping fees collected at waste management
112.15 	facilities owned or operated by the political subdivision;
112.16 	(3) all charges imposed by the political subdivision for
112.17 	waste collection and management services; and
112.18 	(4) any other fees, charges, or surcharges imposed on waste
112.19 	or for the purpose of waste management, whether collected
112.20 	directly from generators or indirectly through property taxes or
112.21 	as part of utility or other charges for services provided by the
112.22 	political subdivision.

112.23 	Sec. 127. Minnesota Statutes 2004, section 116P.02, is
112.24 	amended by adding a subdivision to read:
112.25 		Subd. 4a.Council. "Council" means the Minnesota
112.26 	Conservation Heritage Council.
112.27 	
EFFECTIVE DATE. This section is effective the day
112.28 	following final enactment.

112.29 	Sec. 128. Minnesota Statutes 2004, section 116P.03, is
112.30 	amended to read:
112.31 	116P.03 TRUST FUND NOT TO SUPPLANT EXISTING FUNDING.
112.32 	(a) The trust fund may not be used as a substitute for
112.33 	traditional sources of funding environmental and natural
112.34 	resources activities, but the trust fund shall supplement the
112.35 	traditional sources, including those sources used to support the
112.36 	criteria in section 116P.08, subdivision 1 1a.  The trust fund
113.1 	must be used primarily to support activities whose benefits
113.2 	become available only over an extended period of time.
113.3 	(b) The commission must determine the amount of the state
113.4 	budget spent from traditional sources to fund environmental and
113.5 	natural resources activities before and after the trust fund is
113.6 	established and include a comparison of the amount in the report
113.7 	under section 116P.09, subdivision 7.

113.8 	EFFECTIVE DATE. This section is effective the day
113.9 	following final enactment.

113.10 	Sec. 129. Minnesota Statutes 2004, section 116P.04,
113.11 	subdivision 5, is amended to read:
113.12 		Subd. 5.Audits required.  The legislative auditor shall
113.13 	audit trust fund expenditures to ensure that the money is spent
113.14 	for the purposes provided in the commission's budget plan the
113.15 	Minnesota Constitution, article XI, section 14, and the
113.16 	council's strategic plan developed under section 116P.08. In
113.17 	addition, the legislative auditor shall audit the books and
113.18 	records of the council on an annual basis under sections 3.971
113.19 	and 3.972, subject to the resources of the legislative auditor,
113.20 	to ensure that the expenditures and operations of the council
113.21 	are consistent with the requirements of this chapter.  The
113.22 	legislative auditor may recoup the expenses for audits under
113.23 	this subdivision from amounts available to the council under
113.24 	section 116P.061, subdivision 6.
113.25 	
EFFECTIVE DATE. This section is effective the day
113.26 	following final enactment.

113.27 	Sec. 130. Minnesota Statutes 2004, section 116P.05,
113.28 	subdivision 2, is amended to read:
113.29 		Subd. 2.Duties.  (a) The commission shall recommend a
113.30 	budget plan for expenditures from the environment and natural
113.31 	resources trust fund and shall adopt a strategic plan as
113.32 	provided in section 116P.08.
113.33 	(b) The commission shall recommend expenditures to the
113.34 	legislature from the state land and water conservation account
113.35 	in the natural resources fund.
113.36 	(c) It is a condition of acceptance of the appropriations
114.1 	made from the Minnesota environment and natural resources trust
114.2 	fund, and oil overcharge money under section 4.071, subdivision
114.3 	2, that the agency or entity receiving the appropriation must
114.4 	submit a work program and semiannual progress reports in the
114.5 	form determined by the Legislative Commission on Minnesota
114.6 	Resources, and comply with applicable reporting requirements
114.7 	under section 116P.16.  None of the money provided may be spent
114.8 	unless the commission has approved the pertinent work program.
114.9 	(d) The peer review panel created under section 116P.08
114.10 	must also review, comment, and report to the commission on
114.11 	research proposals applying for an appropriation from the oil
114.12 	overcharge money under section 4.071, subdivision 2.
114.13 	(e) The commission may adopt operating procedures to
114.14 	fulfill its duties under chapter 116P.
114.15 	
EFFECTIVE DATE. This section is effective for interests
114.16 	in land acquired after June 30, 2005.

114.17 	Sec. 131. [116P.061] MINNESOTA CONSERVATION HERITAGE
114.18 	COUNCIL.
114.19 		Subdivision 1.Membership. (a) The Minnesota
114.20 	Conservation Heritage Council is created pursuant to section
114.21 	15.012, paragraph (a), and is governed by a council of 11
114.22 	members.  The terms of members are six years and until their
114.23 	successors have been appointed.  Each member shall be appointed
114.24 	by the governor with the advice and consent of the senate.  Not
114.25 	more than six members shall belong to the same political party.
114.26 	The governor shall select at least one member from each
114.27 	congressional district.
114.28 	(b) To be eligible for appointment to the council, a
114.29 	prospective member must demonstrate expertise and experience in
114.30 	the science, policy, or practice of the protection,
114.31 	conservation, preservation, and enhancement of the state's air,
114.32 	water, land, fish, wildlife, and other natural resources.  Prior
114.33 	service on multimember boards with grant-making responsibilities
114.34 	or prior experience in the management of a business enterprise
114.35 	is also recommended.
114.36 	(c) Except as provided in this section, the terms,
115.1 	compensation, and removal of members and filling of vacancies on
115.2 	the council shall be as provided in section 15.0575.  A member
115.3 	may be removed from the council upon a supermajority of eight
115.4 	votes in favor of the removal of that member.
115.5 		Subd. 2.Chair; vice chair. The governor shall select a
115.6 	member to serve as chair for a term concurrent with that of the
115.7 	governor.  If a vacancy occurs in the position of chair, the
115.8 	governor shall select a new chair to complete the unexpired
115.9 	term.  The chair shall be the principal executive officer of the
115.10 	council and shall preside at meetings of the council.  The chair
115.11 	shall organize the work of the council and may make assignments
115.12 	to members, appoint committees, and give direction to the
115.13 	staff.  The members of the council shall select a vice chair.
115.14 		Subd. 3.Quorum. Except when otherwise specified, a
115.15 	majority of the council shall constitute a quorum and the act or
115.16 	decision of a majority of members present, if at least a quorum
115.17 	is present, shall be the act or decision of the council.  If a
115.18 	vacancy exists on the council, a majority of the remaining
115.19 	members constitutes a quorum.  A supermajority of eight members
115.20 	in favor is required for:  (1) hiring or removing an executive
115.21 	director for the council, if any; or (2) using funds for debt
115.22 	service on bonds.
115.23 		Subd. 4.Gifts. The council may accept and use grants of
115.24 	money or property from the United States or other grantors for
115.25 	any purpose pertaining to the activities of the council.  Any
115.26 	money or property so received is appropriated and dedicated for
115.27 	the purposes for which it is granted and shall be expended or
115.28 	used solely for such purposes according to federal laws and
115.29 	regulations pertaining thereto, subject to applicable state laws
115.30 	and rules as to manner of expenditure or use.  The council may
115.31 	make subgrants of any money received to other agencies, units of
115.32 	local government, private individuals, private organizations,
115.33 	and private nonprofit corporations.  Appropriate funds and
115.34 	accounts shall be maintained by the commissioner of finance to
115.35 	comply with this section.  Lands and interests in lands received
115.36 	may be sold or exchanged according to chapter 94.
116.1 	
EFFECTIVE DATE. This section is effective the day
116.2 	following final enactment.

116.3 	Sec. 132. Minnesota Statutes 2004, section 116P.07, is
116.4 	amended to read:
116.5 	116P.07 INFORMATION GATHERING.
116.6 		Subdivision 1.Public forums. The commission council may
116.7 	convene public forums or employ other methods to gather
116.8 	information for establishing priorities for funding.
116.9 		Subd. 2.Technical advisory committee. The council shall
116.10 	make use of available expertise from educational, research, and
116.11 	technical organizations, and state and federal environmental
116.12 	agencies, including the University of Minnesota and other higher
116.13 	education institutions, to provide appropriate independent
116.14 	expert advice on identifying natural resource priorities during
116.15 	development of the strategic plan provided for in section
116.16 	116P.08.  The technical advisory committee shall also review
116.17 	funding proposals and advise the council on funding
116.18 	recommendations.  The council shall appoint the technical
116.19 	advisory committee and designate a chair.  Compensation of
116.20 	advisory committee members is governed by section 15.059,
116.21 	subdivision 3.
116.22 		Subd. 3.State agency long-term priorities. State
116.23 	agencies with environmental programs and responsibilities shall
116.24 	submit long-term priorities based on agency plans to the
116.25 	council.  The council may integrate agency long-term priorities
116.26 	into the development of its strategic plan as provided for in
116.27 	section 116P.08.
116.28 		Subd. 4.Public priorities. The council shall ask
116.29 	conservation and environmental organizations to submit their
116.30 	long-term priorities and plans to the council, which may be
116.31 	integrated into the council's strategic plan as provided for in
116.32 	section 116P.08.
116.33 	
EFFECTIVE DATE. This section is effective the day
116.34 	following final enactment.

116.35 	Sec. 133. Minnesota Statutes 2004, section 116P.08, is
116.36 	amended by adding a subdivision to read:
117.1 		Subd. 1a.Appropriation and expenditures. (a) For the
117.2 	fiscal biennium beginning July 1, 2007, and each biennium
117.3 	thereafter, the amount of the environment and natural resources
117.4 	trust fund that is available for appropriation under the terms
117.5 	of the Minnesota Constitution, article XI, section 14, shall be
117.6 	appropriated by a law passed by the legislature and signed by
117.7 	the governor to the council for expenditures to be made
117.8 	according to the provisions of this section.
117.9 	(b) The amount appropriated from the environment and
117.10 	natural resources trust fund may be spent only for the public
117.11 	purpose of protection, conservation, preservation, and
117.12 	enhancement of the state's air, water, land, fish, wildlife, and
117.13 	other natural resources.  Expenditures made by the council under
117.14 	this section must be consistent with the Minnesota Constitution,
117.15 	article XI, section 14, and the strategic plan adopted under
117.16 	subdivision 3 and must demonstrate a direct benefit to the
117.17 	state's natural resources.
117.18 	
EFFECTIVE DATE. This section is effective the day
117.19 	following final enactment.

117.20 	Sec. 134. Minnesota Statutes 2004, section 116P.08, is
117.21 	amended by adding a subdivision to read:
117.22 		Subd. 1b.Work program; progress reports. It is a
117.23 	condition of acceptance of the appropriations made from the
117.24 	Minnesota environment and natural resources trust fund that the
117.25 	agency or entity receiving the appropriation must submit a work
117.26 	program and semiannual progress reports in the form determined
117.27 	by the council.  None of the money provided may be spent unless
117.28 	the council has approved the pertinent work program.
117.29 	
EFFECTIVE DATE. This section is effective the day
117.30 	following final enactment.

117.31 	Sec. 135. Minnesota Statutes 2004, section 116P.08,
117.32 	subdivision 3, is amended to read:
117.33 		Subd. 3.Strategic plan required.  (a) The commission 
117.34 	council shall adopt a strategic plan for making expenditures
117.35 	from the trust fund, including identifying the priority areas
117.36 	for funding for the next six ten years.  The strategic plan must
118.1 	be updated every two years. The plan is advisory only The
118.2 	council shall make funding allocation decisions on at least an
118.3 	annual basis.
118.4 	(b) The commission council shall submit the plan, as a
118.5 	recommendation,to the house of representatives Ways and Means
118.6 	and senate Finance Committees chairs of the house of
118.7 	representatives and senate committees with jurisdiction over
118.8 	environment and natural resources policy and finance by January
118.9 	1 15 of each odd-numbered year according to section 116P.09,
118.10 	subdivision 7.
118.11 	(b) The commission may accept or modify the draft of the
118.12 	strategic plan submitted to it by the advisory committee before
118.13 	voting on the plan's adoption.
118.14 	
EFFECTIVE DATE. This section is effective the day
118.15 	following final enactment.

118.16 	Sec. 136. Minnesota Statutes 2004, section 116P.08,
118.17 	subdivision 5, is amended to read:
118.18 		Subd. 5.Public meetings.  All advisory committee and
118.19 	commission council meetings must be open to the public. The
118.20 	commission shall attempt to meet at least once in each of the
118.21 	state's congressional districts during each biennium.
118.22 	
EFFECTIVE DATE. This section is effective the day
118.23 	following final enactment.

118.24 	Sec. 137. Minnesota Statutes 2004, section 116P.08,
118.25 	subdivision 6, is amended to read:
118.26 		Subd. 6.Peer review.  (a) Research proposals must
118.27 	include a stated purpose, timeline, potential outcomes, and an
118.28 	explanation of the need for the research.  All research
118.29 	proposals must be reviewed by a peer review panel peer-reviewed 
118.30 	before receiving an appropriation. Peer reviews shall be
118.31 	considered by the council in evaluating a research project
118.32 	proposal.  The council shall establish a peer review panel under
118.33 	subdivision 7 to assist its work.
118.34 	(b) In conducting research proposal reviews, the peer
118.35 	review panel A peer review report on a proposed research
118.36 	project, prepared for a research proposal review,shall:
119.1 	(1) comment on the methodology proposed and whether it can
119.2 	be expected to yield appropriate and useful information and
119.3 	data; and 
119.4 	(2) comment on the need for the research and about similar
119.5 	existing information available, if any; and 
119.6 	(3) report to the commission and advisory committee on
119.7 	clauses (1) and (2).
119.8 	(c) The peer review panel also must review completed
119.9 	research proposals that have received an appropriation and
119.10 	comment and report upon whether the project reached the intended
119.11 	goals.
119.12 	
EFFECTIVE DATE. This section is effective the day
119.13 	following final enactment.

119.14 	Sec. 138. Minnesota Statutes 2004, section 116P.08,
119.15 	subdivision 7, is amended to read:
119.16 		Subd. 7.Peer review panel membership.  (a) The peer
119.17 	review panel must consist of at least five members who are
119.18 	knowledgeable in general research methods in the areas of
119.19 	environment and natural resources.  Not more than two members of
119.20 	the panel may be employees of state agencies in Minnesota.
119.21 	(b) The commission council shall select a chair every two
119.22 	years who shall be responsible for convening meetings of the
119.23 	panel as often as is necessary to fulfill its duties as
119.24 	prescribed in this section.  Compensation of panel members is
119.25 	governed by section 15.059, subdivision 3.
119.26 	(c) The peer review panel must review completed research
119.27 	proposals that have received an appropriation and comment and
119.28 	report upon whether the project reached the intended goals.
119.29 	
EFFECTIVE DATE. This section is effective the day
119.30 	following final enactment.

119.31 	Sec. 139. Minnesota Statutes 2004, section 116P.09, is
119.32 	amended to read:
119.33 	116P.09 ADMINISTRATION.
119.34 		Subdivision 1.Administrative authority. The
119.35 	commission council may appoint legal and other personnel and
119.36 	consultants necessary to carry out functions and duties of
120.1 	the commission council.  Permanent employees shall be in the
120.2 	unclassified service.  In addition, the commission council may
120.3 	request staff assistance and data from any other agency of state
120.4 	government as needed for the execution of the responsibilities
120.5 	of the commission and advisory committee council and an agency
120.6 	must promptly furnish it.
120.7 		Subd. 2.Liaison officers. The commission council shall
120.8 	request each department or agency head of all state agencies
120.9 	with a direct interest and responsibility in any phase of
120.10 	environment and natural resources to appoint, and the latter
120.11 	shall appoint for the agency, a liaison officer who shall work
120.12 	closely with the commission council and its staff.
120.13 		Subd. 3.Appraisal and evaluation. The commission 
120.14 	council shall obtain and appraise information available through
120.15 	private organizations and groups, utilizing to the fullest
120.16 	extent possible studies, data, and reports previously prepared
120.17 	or currently in progress by public agencies, private
120.18 	organizations, groups, and others, concerning future trends in
120.19 	the protection, conservation, preservation, and enhancement of
120.20 	the state's air, water, land, forests, fish, wildlife, native
120.21 	vegetation, and other natural resources.  Any data compiled by
120.22 	the commission council shall be made available to any standing
120.23 	or interim committee of the legislature upon the request of the
120.24 	chair of the respective committee.
120.25 		Subd. 4.Personnel. Persons who are employed by a state
120.26 	agency to work on a project and are paid by an appropriation
120.27 	from the trust fund are in the unclassified civil service, and
120.28 	their continued employment is contingent upon the availability
120.29 	of money from the appropriation.  When the appropriation has
120.30 	been spent, their positions must be canceled and the approved
120.31 	complement of the agency reduced accordingly.  Part-time
120.32 	employment of persons for a project is authorized.  The use of
120.33 	classified employees is authorized when approved as part of the
120.34 	work program required by section 116P.05 116P.08, subdivision 2,
120.35 	paragraph (c) 1b.
120.36 		Subd. 5.Administrative expense. The prorated expenses
121.1 	related to commission council administration of the trust fund
121.2 	may not exceed an amount equal to four percent of the amount
121.3 	available for appropriation of the trust fund for the biennium.
121.4 		Subd. 6.Conflict of interest. (a) A commission council 
121.5 	member, advisory committee member,a peer review panelist, or an
121.6 	employee of the commission council may not participate in or
121.7 	vote on a decision of the commission, advisory
121.8 	committee,council or a peer review panel relating to an
121.9 	organization in which the member, panelist, or employee has
121.10 	either a direct or indirect personal financial interest.  While
121.11 	serving on the legislative commission, advisory committee,
121.12 	council or peer review panel,or being while an employee of
121.13 	the commission council, a person shall avoid any potential
121.14 	conflict of interest. A conflict of interest exists if the
121.15 	person:
121.16 	(1) would receive a direct or indirect personal financial
121.17 	benefit from an entity proposing a project for funding by the
121.18 	council or from a proposal under review for funding by the
121.19 	council;
121.20 	(2) serves as an employee, consultant, or governing board
121.21 	member of an entity proposing a project for funding by the
121.22 	council; or 
121.23 	(3) has a family relationship with a project proposer or a
121.24 	staff or board member of an entity proposing a project for
121.25 	funding by the council.
121.26 	(b) The council must develop procedures to identify a
121.27 	conflict of interest during the initial proposal review
121.28 	process.  If a conflict is found to exist, the person must
121.29 	notify the council in writing and may not advocate for or
121.30 	against the proposal or vote on the proposal.
121.31 		Subd. 7.Report required. The commission council shall,
121.32 	by January 15 of each odd-numbered year, submit a report to the
121.33 	governor, the chairs of the house of representatives 
121.34 	appropriations and senate finance committees, and the chairs of
121.35 	the house of representatives and senate committees on with
121.36 	jurisdiction over environment and natural resources policy and
122.1 	finance.  Copies of the report must be available to the public.
122.2 	The report must include a summary of the council's conservation
122.3 	achievements during the reporting period and:
122.4 	(1) a copy of the current strategic plan;
122.5 	(2) a description of each project receiving money from the
122.6 	trust fund during the preceding biennium and how the project
122.7 	relates to the constitutional dedication of the trust fund and
122.8 	to the council's current strategic plan;
122.9 	(3) a summary of any research project completed in the
122.10 	preceding biennium;
122.11 	(4) recommendations to implement successful projects and
122.12 	programs into a state agency's standard operations;
122.13 	(5) to the extent known by the commission council,
122.14 	descriptions of the projects anticipated to be supported by the
122.15 	trust fund during the next biennium;
122.16 	(6) the source and amount of all revenues collected and
122.17 	distributed by the commission council, including all
122.18 	administrative and other expenses;
122.19 	(7) a description of the assets and liabilities of the
122.20 	trust fund;
122.21 	(8) any findings or recommendations that are deemed proper
122.22 	to assist the legislature in formulating legislation;
122.23 	(9) a list of all gifts and donations with a value over
122.24 	$1,000;
122.25 	(10) a comparison of the amounts spent by the state for
122.26 	environment and natural resources activities through the most
122.27 	recent fiscal year; and
122.28 	(11) a copy of the most recent compliance audit.
122.29 	
EFFECTIVE DATE. This section is effective the day
122.30 	following final enactment.

122.31 	Sec. 140. Minnesota Statutes 2004, section 116P.10, is
122.32 	amended to read:
122.33 	116P.10 ROYALTIES, COPYRIGHTS, PATENTS.
122.34 	This section applies to projects supported by the trust
122.35 	fund and the oil overcharge money referred to in section 4.071,
122.36 	subdivision 2, each of which is referred to in this section as a
123.1 	"fund."  The trust fund owns and shall take title to the
123.2 	percentage of a royalty, copyright, or patent resulting from a
123.3 	project supported by the trust fund equal to the percentage of
123.4 	the project's total funding provided by the trust fund.  Cash
123.5 	receipts resulting from a royalty, copyright, or patent, or the
123.6 	sale of the trust fund's rights to a royalty, copyright, or
123.7 	patent, must be credited immediately to the principal of
123.8 	the trust fund.  Receipts from Minnesota future resources fund
123.9 	projects must be credited to the trust fund.  Before the council
123.10 	decides to fund a project is included in the budget plan,
123.11 	the commission council may vote to relinquish the ownership or
123.12 	rights to a royalty, copyright, or patent resulting from a
123.13 	project supported by the trust fund to the project's proposer
123.14 	when the amount of the original grant or loan, plus interest,
123.15 	has been repaid to the trust fund.

123.16 	EFFECTIVE DATE. This section is effective the day
123.17 	following final enactment.

123.18 	Sec. 141. Minnesota Statutes 2004, section 116P.11, is
123.19 	amended to read:
123.20 	116P.11 AVAILABILITY OF FUNDS FOR DISBURSEMENT.
123.21 	(a) The amount biennially available from the trust fund for
123.22 	the budget plan developed by the commission council is as
123.23 	defined in the Minnesota Constitution, article XI, section 14.
123.24 	(b) Any appropriated funds not encumbered in the biennium
123.25 	in which they are appropriated cancel and must be credited to
123.26 	the principal of the trust fund.

123.27 	EFFECTIVE DATE. This section is effective the day
123.28 	following final enactment.

123.29 	Sec. 142. Minnesota Statutes 2004, section 116P.12,
123.30 	subdivision 2, is amended to read:
123.31 		Subd. 2.Application and administration.  (a) The
123.32 	commission council must adopt a procedure for the issuance of
123.33 	the water system improvement loans by the Public Facilities
123.34 	Authority.
123.35 	(b) The commission council also must ensure that the loans
123.36 	are administered according to its fiduciary standards and
124.1 	requirements.
124.2 	
EFFECTIVE DATE. This section is effective the day
124.3 	following final enactment.

124.4 	Sec. 143. Minnesota Statutes 2004, section 116P.15,
124.5 	subdivision 2, is amended to read:
124.6 		Subd. 2.Restrictions; modification procedure.  (a) An
124.7 	interest in real property acquired with an appropriation from
124.8 	the trust fund or the Minnesota future resources fund must be
124.9 	used in perpetuity or for the specific term of an easement
124.10 	interest for the purpose for which the appropriation was made.
124.11 	(b) A recipient of funding who acquires an interest in real
124.12 	property subject to this section may not alter the intended use
124.13 	of the interest in real property or convey any interest in the
124.14 	real property acquired with the appropriation without the prior
124.15 	review and approval of the commission council.  The commission 
124.16 	council shall establish procedures to review requests from
124.17 	recipients to alter the use of or convey an interest in real
124.18 	property.  These procedures shall allow for the replacement of
124.19 	the interest in real property with another interest in real
124.20 	property meeting the following criteria:
124.21 	(1) the interest is at least equal in fair market value, as
124.22 	certified by the commissioner of natural resources, to the
124.23 	interest being replaced; and
124.24 	(2) the interest is in a reasonably equivalent location,
124.25 	and has a reasonably equivalent usefulness compared to the
124.26 	interest being replaced.
124.27 	(c) A recipient of funding who acquires an interest in real
124.28 	property under paragraph (a) must separately record a notice of
124.29 	funding restrictions in the appropriate local government office
124.30 	where the conveyance of the interest in real property is filed.
124.31 	The notice of funding agreement must contain:
124.32 	(1) a legal description of the interest in real property
124.33 	covered by the funding agreement;
124.34 	(2) a reference to the underlying funding agreement;
124.35 	(3) a reference to this section; and
124.36 	(4) the following statement:
125.1 	"This interest in real property shall be administered in
125.2 	accordance with the terms, conditions, and purposes of the grant
125.3 	agreement or work program controlling the acquisition of the
125.4 	property.  The interest in real property, or any portion of the
125.5 	interest in real property, shall not be sold, transferred,
125.6 	pledged, or otherwise disposed of or further encumbered without
125.7 	obtaining the prior written approval of the Legislative
125.8 	Commission on Minnesota Resources council or its successor.  If
125.9 	the holder of the interest in real property fails to comply with
125.10 	the terms and conditions of the grant agreement or work program,
125.11 	ownership of the interest in real property shall transfer to
125.12 	this state."
125.13 	
EFFECTIVE DATE. This section is effective the day
125.14 	following final enactment.

125.15 	Sec. 144. [116P.16] REAL PROPERTY INTEREST REPORT.
125.16 	By December 1 each year, a recipient of an appropriation
125.17 	from the trust fund, that is used for the acquisition of an
125.18 	interest in real property, must submit annual reports on the
125.19 	status of the real property to the Legislative Commission on
125.20 	Minnesota Resources in a form determined by the commission.  The
125.21 	responsibility for reporting under this section may be
125.22 	transferred by the recipient of the appropriation to another
125.23 	person who holds the interest in the real property.  To complete
125.24 	the transfer of reporting responsibility, the recipient of the
125.25 	appropriation must:
125.26 	(1) inform the person to whom the responsibility is
125.27 	transferred of that person's reporting responsibility;
125.28 	(2) inform the person to whom the responsibility is
125.29 	transferred of the property restrictions under section 116P.15;
125.30 	and 
125.31 	(3) provide written notice to the commission of the
125.32 	transfer of reporting responsibility, including contact
125.33 	information for the person to whom the responsibility is
125.34 	transferred.
125.35 	After the transfer, the person who holds the interest in the
125.36 	real property is responsible for reporting requirements under
126.1 	this section.

126.2 	EFFECTIVE DATE. This section is effective for interests
126.3 	in land acquired after June 30, 2005.

126.4 	Sec. 145. Minnesota Statutes 2004, section 168.1296,
126.5 	subdivision 1, is amended to read:
126.6 		Subdivision 1.General requirements and procedures.  (a)
126.7 	The registrar shall issue special critical habitat license
126.8 	plates to an applicant who:
126.9 	(1) is an owner or joint owner of a passenger automobile,
126.10 	pickup truck, or van or of recreational equipment;
126.11 	(2) pays a fee of $10 to cover the costs of handling and
126.12 	manufacturing the plates;
126.13 	(3) pays the registration tax required under section
126.14 	168.013;
126.15 	(4) pays the fees required under this chapter;
126.16 	(5) contributes a minimum of $30 annually to the Minnesota
126.17 	critical habitat private sector matching account established in
126.18 	section 84.943; and
126.19 	(6) complies with laws and rules governing registration and
126.20 	licensing of vehicles and drivers.
126.21 	(b) The critical habitat license application form must
126.22 	clearly indicate that the annual contribution specified under
126.23 	paragraph (a), clause (5), is a minimum contribution to receive
126.24 	the license plate and that the applicant may make an additional
126.25 	contribution to the account.
126.26 	(c) Owners of recreational equipment under paragraph (a),
126.27 	clause (1), are eligible only for special critical habitat
126.28 	license plates for which the designs are approved by the
126.29 	commissioner on or after January 1, 2006.
126.30 	(d) Special critical habitat license plates, the designs
126.31 	for which are approved by the commissioner on or after January
126.32 	1, 2006, may be personalized according to section 168.12,
126.33 	subdivision 2a.

126.34 	Sec. 146. Minnesota Statutes 2004, section 169A.63,
126.35 	subdivision 6, is amended to read:
126.36 		Subd. 6.Vehicle subject to forfeiture. (a) A motor
127.1 	vehicle is subject to forfeiture under this section if it was
127.2 	used in the commission of a designated offense or was used in
127.3 	conduct resulting in a designated license revocation.
127.4 	(b) Motorboats subject to seizure and forfeiture under this
127.5 	section also include their trailers.

127.6 	Sec. 147. Minnesota Statutes 2004, section 216B.2424,
127.7 	subdivision 1, is amended to read:
127.8 		Subdivision 1.Farm-grown closed-loop biomass.  (a) For
127.9 	the purposes of this section, "farm-grown closed-loop biomass"
127.10 	means biomass, as defined in section 216C.051, subdivision 7,
127.11 	that:
127.12 	(1) is intentionally cultivated, harvested, and prepared
127.13 	for use, in whole or in part, as a fuel for the generation of
127.14 	electricity;
127.15 	(2) when combusted, releases an amount of carbon dioxide
127.16 	that is less than or approximately equal to the carbon dioxide
127.17 	absorbed by the biomass fuel during its growing cycle; and
127.18 	(3) is fired in a new or substantially retrofitted electric
127.19 	generating facility that is:
127.20 	(i) located within 400 miles of the site of the biomass
127.21 	production; and
127.22 	(ii) designed to use biomass to meet at least 75 percent of
127.23 	its fuel requirements.
127.24 	(b) The legislature finds that the negative environmental
127.25 	impacts within 400 miles of the facility resulting from
127.26 	transporting and combusting the biomass are offset in that
127.27 	region by the environmental benefits to air, soil, and water of
127.28 	the biomass production.
127.29 	(c) Among the biomass fuel sources that meet the
127.30 	requirements of paragraph (a), clause clauses (1) and (2) are
127.31 	poplar, aspen, willow, switch grass, sorghum, alfalfa, and 
127.32 	cultivated prairie grass and sustainably managed woody biomass.
127.33 	(d) For the purpose of this section, "sustainably managed
127.34 	woody biomass" means:
127.35 	(1) brush, trees, and other biomass harvested from within
127.36 	designated utility, railroad, and road rights-of-way;
128.1 	(2) upland and lowland brush harvested from lands
128.2 	incorporated into brushland habitat management activities of the
128.3 	Minnesota Department of Natural Resources;
128.4 	(3) upland and lowland brush harvested from lands managed
128.5 	in accordance with Minnesota Department of Natural Resources
128.6 	"Best Management Practices for Managing Brushlands";
128.7 	(4) logging slash or waste wood that is created by harvest,
128.8 	precommercial timber stand improvement to meet silvicultural
128.9 	objectives, or by fire, disease, or insect control treatments,
128.10 	and that is managed in compliance with the Minnesota Forest
128.11 	Resources Council's "Sustaining Minnesota Forest Resources:
128.12 	Voluntary Site-Level Forest Management Guidelines for
128.13 	Landowners, Loggers and Resource Managers" as modified by the
128.14 	requirement of this subdivision; and 
128.15 	(5) trees or parts of trees that do not meet the
128.16 	utilization standards for pulpwood, posts, bolts, or sawtimber
128.17 	as described in the Minnesota Department of Natural Resources
128.18 	Division of Forestry Timber Sales Manual, 1998, as amended as of
128.19 	May 1, 2005, and the Minnesota Department of Natural Resources
128.20 	Timber Scaling Manual, 1981, as amended as of May 1, 2005,
128.21 	except as provided in paragraph (a), clause (1), and this
128.22 	paragraph, clauses (1) to (3).

128.23 	Sec. 148. Minnesota Statutes 2004, section 216B.2424, is
128.24 	amended by adding a subdivision to read:
128.25 		Subd. 1a.Municipal waste-to-energy project. (a) This
128.26 	subdivision applies only to a biomass project owned or
128.27 	controlled, directly or indirectly, by two municipal utilities
128.28 	as described in subdivision 5a, paragraph (b).
128.29 	(b) Woody biomass from state-owned land must be harvested
128.30 	in compliance with an adopted management plan and a program of
128.31 	ecologically based third-party certification.
128.32 	(c) The project must prepare a fuel plan on an annual basis
128.33 	after commercial operation of the project as described in the
128.34 	power contract between the project and the public utility, and
128.35 	must also prepare annually certificates reflecting the types of
128.36 	fuel used in the preceding year by the project, as described in
129.1 	the power contract.  The fuel plans and certificates shall also
129.2 	be filed with the Minnesota Department of Natural Resources and
129.3 	the Minnesota Department of Commerce within 30 days after being
129.4 	provided to the public utility, as provided by the power
129.5 	contract.  Any person who believes the fuel plans, as amended,
129.6 	and certificates show that the project does not or will not
129.7 	comply with the fuel requirements of this subdivision may file a
129.8 	petition with the commission seeking such a determination.
129.9 	(d) The wood procurement process must utilize third-party
129.10 	audit certification systems to verify that applicable best
129.11 	management practices were utilized in the procurement of the
129.12 	sustainably managed biomass.  If there is a failure to so verify
129.13 	in any two consecutive years during the original contract term,
129.14 	the farm-grown closed-loop biomass requirements of subdivision 2
129.15 	must be increased to 50 percent for the remaining contract term
129.16 	period; however, if in two consecutive subsequent years after
129.17 	the increase has been implemented, it is verified that the
129.18 	conditions in this subdivision have been met, then for the
129.19 	remaining original contract term the closed-loop biomass mandate
129.20 	reverts to 25 percent.  If there is a subsequent failure to
129.21 	verify in a year after the first failure and implementation of
129.22 	the 50 percent requirement, then the closed-loop percentage
129.23 	shall remain at 50 percent for each remaining year of the
129.24 	contract term.
129.25 	(e) In the closed-loop plantation, no transgenic plants may
129.26 	be used.
129.27 	(f) No wood may be harvested from any lands identified by
129.28 	the final or preliminary Minnesota County Biological Survey as
129.29 	having statewide significance as native plant communities, large
129.30 	populations or concentrations of rare species, or critical
129.31 	animal habitat.
129.32 	(g) A wood procurement plan must be prepared every five
129.33 	years and public meetings must be held and written comments
129.34 	taken on the plan and documentation must be provided on why or
129.35 	why not the public inputs were used.
129.36 	(h) Guidelines or best management practices for sustainably
130.1 	managed woody biomass must be adopted by:
130.2 	(1) the Minnesota Department of Natural Resources for
130.3 	managing and maintaining brushland and open land habitat on
130.4 	public and private lands, including, but not limited to,
130.5 	provisions of sections 84.941, 84.942, and 97A.125; and 
130.6 	(2) the Minnesota Forest Resources Council for logging
130.7 	slash, using the most recent available scientific information
130.8 	regarding the removal of woody biomass from forest lands, to
130.9 	sustain the management of forest resources as defined by section
130.10 	89.001, subdivisions 8 and 9, with particular attention to soil
130.11 	productivity, biological diversity as defined by section 89A.01,
130.12 	subdivision 3, and wildlife habitat.
130.13 	These guidelines must be completed by July 1, 2007, and the
130.14 	process of developing them must incorporate public notification
130.15 	and comment.
130.16 	(i) The University of Minnesota Initiative for Renewable
130.17 	Energy and the Environment is encouraged to solicit and fund
130.18 	high-quality research projects to develop and consolidate
130.19 	scientific information regarding the removal of woody biomass
130.20 	from forest and brush lands, with particular attention to the
130.21 	environmental impacts on soil productivity, biological
130.22 	diversity, and sequestration of carbon.  The results of this
130.23 	research shall be made available to the public.
130.24 	(j) The two utilities owning or controlling, directly or
130.25 	indirectly, the biomass project described in subdivision 5a,
130.26 	paragraph (b), fund or obtain funding of $150,000 by April 1,
130.27 	2006, to complete the guidelines or best management practices
130.28 	described in paragraph (h).  The expenditures to be funded under
130.29 	this paragraph do not include any of the expenditures to be
130.30 	funded under paragraph (i).

130.31 	Sec. 149. Minnesota Statutes 2004, section 216B.2424,
130.32 	subdivision 2, is amended to read:
130.33 		Subd. 2.Interim exemption.  (a) A biomass project
130.34 	proposing to use, as its primary fuel over the life of the
130.35 	project, short-rotation woody crops, may use as an interim fuel
130.36 	agricultural waste and other biomass which is not farm-grown
131.1 	closed-loop biomass for up to six years after the project's
131.2 	electric generating facility becomes operational; provided, the
131.3 	project developer demonstrates the project will use the
131.4 	designated short-rotation woody crops as its primary fuel after
131.5 	the interim period and provided the location of the interim fuel
131.6 	production meets the requirements of subdivision 1, paragraph
131.7 	(a), clause (3).
131.8 	(b) A biomass project proposing to use, as its primary fuel
131.9 	over the life of the project, short-rotation woody crops, may
131.10 	use as an interim fuel agricultural waste and other biomass
131.11 	which is not farm-grown closed-loop biomass for up to three
131.12 	years after the project's electric generating facility becomes
131.13 	operational; provided, the project developer demonstrates the
131.14 	project will use the designated short-rotation woody crops as
131.15 	its primary fuel after the interim period.
131.16 	(c) A biomass project that uses an interim fuel under the
131.17 	terms of paragraph (b) may, in addition, use an interim fuel
131.18 	under the terms of paragraph (a) for six years less the number
131.19 	of years that an interim fuel was used under paragraph (b).
131.20 	(d) A project developer proposing to use an exempt interim
131.21 	fuel under paragraphs (a) and (b) must demonstrate to the public
131.22 	utility that the project will have an adequate supply of
131.23 	short-rotation woody crops which meet the requirements of
131.24 	subdivision 1 to fuel the project after the interim period.
131.25 	(e) If a biomass project using an interim fuel under this
131.26 	subdivision is or becomes owned or controlled, directly or
131.27 	indirectly, by two municipal utilities as described in
131.28 	subdivision 5a, paragraph (b), the project is deemed to comply
131.29 	with the requirement under this subdivision to use farm-grown
131.30 	closed-loop biomass as its primary fuel if farm-grown
131.31 	closed-loop biomass comprises no less than 25 percent of the
131.32 	fuel used over the life of the project.  For purposes of this
131.33 	subdivision, "life of the project" means 20 years from the date
131.34 	the project becomes operational or the term of the applicable
131.35 	power purchase agreement between the project owner and the
131.36 	public utility, whichever is longer.

132.1 	Sec. 150. Minnesota Statutes 2004, section 216B.2424,
132.2 	subdivision 5a, is amended to read:
132.3 		Subd. 5a.Reduction of biomass mandate.  (a)
132.4 	Notwithstanding subdivision 5, the biomass electric energy
132.5 	mandate shall must be reduced from 125 megawatts to 110
132.6 	megawatts.
132.7 	(b) The Public Utilities Commission shall approve a request
132.8 	pending before the Public Utilities commission as of May 15,
132.9 	2003, for an amendment amendments to and assignment of a
132.10 	contract for power from power purchase agreement with the owner
132.11 	of a facility that uses short-rotation, woody crops as its
132.12 	primary fuel previously approved to satisfy a portion of the
132.13 	biomass mandate if the developer owner of the project agrees to
132.14 	reduce the size of its project from 50 megawatts to 35
132.15 	megawatts, while maintaining a an average price for energy at or
132.16 	below the current contract price.in nominal dollars measured
132.17 	over the term of the power purchase agreement at or below $104
132.18 	per megawatt-hour, exclusive of any price adjustments that may
132.19 	take effect subsequent to commission approval of the power
132.20 	purchase agreement, as amended.  The commission shall also
132.21 	approve, as necessary, any subsequent assignment or sale of the
132.22 	power purchase agreement or ownership of the project to an
132.23 	entity owned or controlled, directly or indirectly, by two
132.24 	municipal utilities located north of Constitutional Route No. 8,
132.25 	as described in section 161.114, which currently own electric
132.26 	and steam generation facilities using coal as a fuel and which
132.27 	propose to retrofit their existing municipal electrical
132.28 	generating facilities to utilize biomass fuels in order to
132.29 	perform the power purchase agreement.
132.30 	(c) If the power purchase agreement described in paragraph
132.31 	(b) is assigned to an entity that is, or becomes, owned or
132.32 	controlled, directly or indirectly, by two municipal entities as
132.33 	described in paragraph (b), and the power purchase agreement
132.34 	meets the price requirements of paragraph (b), the commission
132.35 	shall approve any amendments to the power purchase agreement
132.36 	necessary to reflect the changes in project location and
133.1 	ownership and any other amendments made necessary by those
133.2 	changes.  The commission shall also specifically find that:
133.3 	(1) the power purchase agreement complies with and fully
133.4 	satisfies the provisions of this section to the full extent of
133.5 	its 35-megawatt capacity;
133.6 	(2) all costs incurred by the public utility and all
133.7 	amounts to be paid by the public utility to the project owner
133.8 	under the terms of the power purchase agreement are fully
133.9 	recoverable pursuant to section 216B.1645;
133.10 	(3) subject to prudency review by the commission, the
133.11 	public utility may recover from its Minnesota retail customers
133.12 	the Minnesota jurisdictional portion of the amounts that may be
133.13 	incurred and paid by the public utility during the full term of
133.14 	the power purchase agreement; and 
133.15 	(4) if the purchase power agreement meets the requirements
133.16 	of this subdivision, it is reasonable and in the public interest.
133.17 	(d) The commission shall specifically approve recovery by
133.18 	the public utility of any and all Minnesota jurisdictional costs
133.19 	incurred by the public utility to improve, construct, install,
133.20 	or upgrade transmission, distribution, or other electrical
133.21 	facilities owned by the public utility or other persons in order
133.22 	to permit interconnection of the retrofitted biomass-fueled
133.23 	generating facilities or to obtain transmission service for the
133.24 	energy provided by the facilities to the public utility pursuant
133.25 	to section 216B.1645, and shall disapprove any provision in the
133.26 	power purchase agreement that requires the developer or owner of
133.27 	the project to pay the jurisdictional costs or that permit the
133.28 	public utility to terminate the power purchase agreement as a
133.29 	result of the existence of those costs or the public utility's
133.30 	obligation to pay any or all of those costs.

133.31 	Sec. 151. Minnesota Statutes 2004, section 216B.2424,
133.32 	subdivision 6, is amended to read:
133.33 		Subd. 6.Remaining megawatt compliance process.  (a) If
133.34 	there remain megawatts of biomass power generating capacity to
133.35 	fulfill the mandate in subdivision 5 after the commission has
133.36 	taken final action on all contracts filed by September 1, 2000,
134.1 	by a public utility, as amended and assigned,this subdivision
134.2 	governs final compliance with the biomass energy mandate in
134.3 	subdivision 5 subject to the requirements of subdivisions 7 and
134.4 	8.
134.5 	(b) To the extent not inconsistent with this subdivision,
134.6 	the provisions of subdivisions 2, 3, 4, and 5 apply to proposals
134.7 	subject to this subdivision.
134.8 	(c) A public utility must submit proposals to the
134.9 	commission to complete the biomass mandate.  The commission
134.10 	shall require a public utility subject to this section to issue
134.11 	a request for competitive proposals for projects for electric
134.12 	generation utilizing biomass as defined in paragraph (f) of this
134.13 	subdivision to provide the remaining megawatts of the mandate.
134.14 	The commission shall set an expedited schedule for submission of
134.15 	proposals to the utility, selection by the utility of proposals
134.16 	or projects, negotiation of contracts, and review by the
134.17 	commission of the contracts or projects submitted by the utility
134.18 	to the commission.
134.19 	(d) Notwithstanding the provisions of subdivisions 1 to 5
134.20 	but subject to the provisions of subdivisions 7 and 8, a new or
134.21 	existing facility proposed under this subdivision that is fueled
134.22 	either by biomass or by co-firing biomass with nonbiomass may
134.23 	satisfy the mandate in this section.  Such a facility need not
134.24 	use biomass that complies with the definition in subdivision 1
134.25 	if it uses biomass as defined in paragraph (f) of this
134.26 	subdivision.  Generating capacity produced by co-firing of
134.27 	biomass that is operational as of April 25, 2000, does not meet
134.28 	the requirements of the mandate, except that additional
134.29 	co-firing capacity added at an existing facility after April 25,
134.30 	2000, may be used to satisfy this mandate.  Only the number of
134.31 	megawatts of capacity at a facility which co-fires biomass that
134.32 	are directly attributable to the biomass and that become
134.33 	operational after April 25, 2000, count toward meeting the
134.34 	biomass mandate in this section.
134.35 	(e) Nothing in this subdivision precludes a facility
134.36 	proposed and approved under this subdivision from using fuel
135.1 	sources that are not biomass in compliance with subdivision 3.
135.2 	(f) Notwithstanding the provisions of subdivision 1, for
135.3 	proposals subject to this subdivision, "biomass" includes
135.4 	farm-grown closed-loop biomass; agricultural wastes, including
135.5 	animal, poultry, and plant wastes; and waste wood, including
135.6 	chipped wood, bark, brush, residue wood, and sawdust.
135.7 	(g) Nothing in this subdivision affects in any way
135.8 	contracts entered into as of April 25, 2000, to satisfy the
135.9 	mandate in subdivision 5.
135.10 	(h) Nothing in this subdivision requires a public utility
135.11 	to retrofit its own power plants for the purpose of co-firing
135.12 	biomass fuel, nor is a utility prohibited from retrofitting its
135.13 	own power plants for the purpose of co-firing biomass fuel to
135.14 	meet the requirements of this subdivision.

135.15 	Sec. 152. Minnesota Statutes 2004, section 216B.2424,
135.16 	subdivision 8, is amended to read:
135.17 		Subd. 8.Agricultural biomass requirement.  Of the 125
135.18 	megawatts mandated in subdivision 5, or 110 megawatts mandated
135.19 	in subdivision 5a,at least 75 megawatts of the generating
135.20 	capacity must be generated by facilities that use agricultural
135.21 	biomass as the principal fuel source.  For purposes of this
135.22 	subdivision, agricultural biomass includes only farm-grown
135.23 	closed-loop biomass and agricultural waste, including animal,
135.24 	poultry, and plant wastes.  For purposes of this subdivision,
135.25 	"principal fuel source" means a fuel source that satisfies at
135.26 	least 75 percent of the fuel requirements of an electric power
135.27 	generating facility.  Nothing in this subdivision is intended to
135.28 	expand the fuel source requirements of subdivision 5.

135.29 	Sec. 153. Minnesota Statutes 2004, section 282.08, is
135.30 	amended to read:
135.31 	282.08 APPORTIONMENT OF PROCEEDS TO TAXING DISTRICTS.
135.32 	The net proceeds from the sale or rental of any parcel of
135.33 	forfeited land, or from the sale of products from the forfeited
135.34 	land, must be apportioned by the county auditor to the taxing
135.35 	districts interested in the land, as follows:
135.36 	(1) the amounts necessary to pay the state general tax levy
136.1 	against the parcel for taxes payable in the year for which the
136.2 	tax judgment was entered, and for each subsequent payable year
136.3 	up to and including the year of forfeiture, must be apportioned
136.4 	to the state;
136.5 	(2) the portion required to pay any amounts included in the
136.6 	appraised value under section 282.01, subdivision 3, as
136.7 	representing increased value due to any public improvement made
136.8 	after forfeiture of the parcel to the state, but not exceeding
136.9 	the amount certified by the clerk of the municipality must be
136.10 	apportioned to the municipal subdivision entitled to it;
136.11 	(3) the portion required to pay any amount included in the
136.12 	appraised value under section 282.019, subdivision 5,
136.13 	representing increased value due to response actions taken after
136.14 	forfeiture of the parcel to the state, but not exceeding the
136.15 	amount of expenses certified by the Pollution Control Agency or
136.16 	the commissioner of agriculture, must be apportioned to the
136.17 	agency or the commissioner of agriculture and deposited in the
136.18 	fund from which the expenses were paid;
136.19 	(4) the portion of the remainder required to discharge any
136.20 	special assessment chargeable against the parcel for drainage or
136.21 	other purpose whether due or deferred at the time of forfeiture,
136.22 	must be apportioned to the municipal subdivision entitled to it;
136.23 	and
136.24 	(5) any balance must be apportioned as follows:
136.25 	(i) The county board may annually by resolution set aside
136.26 	no more than 30 percent of the receipts remaining to be used for
136.27 	timber forest development on tax-forfeited land and dedicated
136.28 	memorial forests, to be expended under the supervision of the
136.29 	county board.  It must be expended only on projects approved by
136.30 	the commissioner of natural resources improving the health and
136.31 	management of the forest resource.
136.32 	(ii) The county board may annually by resolution set aside
136.33 	no more than 20 percent of the receipts remaining to be used for
136.34 	the acquisition and maintenance of county parks or recreational
136.35 	areas as defined in sections 398.31 to 398.36, to be expended
136.36 	under the supervision of the county board.
137.1 	(iii) Any balance remaining must be apportioned as
137.2 	follows:  county, 40 percent; town or city, 20 percent; and
137.3 	school district, 40 percent, provided, however, that in
137.4 	unorganized territory that portion which would have accrued to
137.5 	the township must be administered by the county board of
137.6 	commissioners.

137.7 	Sec. 154. Minnesota Statutes 2004, section 282.38,
137.8 	subdivision 1, is amended to read:
137.9 		Subdivision 1.Development.  In any county where the
137.10 	county board by proper resolution sets aside funds for timber 
137.11 	forest development pursuant to section 282.08,
137.12 	clause (3)(a) (5), item (i), or section 459.06, subdivision 2,
137.13 	the Commission commissioner of Iron Range resources and
137.14 	rehabilitation may upon request of the county board assist said
137.15 	county in carrying out any project for the long range
137.16 	development of its timber forest resources through matching of
137.17 	funds or otherwise, provided that any such project shall first
137.18 	be approved by the commissioner of natural resources.

137.19 	Sec. 155. Minnesota Statutes 2004, section 296A.18,
137.20 	subdivision 2, is amended to read:
137.21 		Subd. 2.Motorboat.  Approximately 1-1/2 percent of all
137.22 	gasoline received in this state and 1-1/2 percent of all
137.23 	gasoline produced or brought into this state, except gasoline
137.24 	used for aviation purposes, is being used as fuel for the
137.25 	operation of motorboats on the waters of this state and of the
137.26 	total revenue derived from the imposition of the gasoline fuel
137.27 	tax for uses other than for aviation purposes, 1-1/2 percent of
137.28 	such revenues is the amount of tax on fuel used in motorboats
137.29 	operated on the waters of this state.  The amount of unrefunded
137.30 	tax paid on gasoline used for motor boat purposes as computed in
137.31 	this chapter shall be paid into the state treasury and credited
137.32 	to a water recreation account in the special revenue fund for
137.33 	acquisition, development, maintenance, and rehabilitation of
137.34 	sites for public access and boating facilities on public waters;
137.35 	lake and river improvement; state park development;and boat and
137.36 	water safety.

138.1 	Sec. 156. Minnesota Statutes 2004, section 349.12,
138.2 	subdivision 25, is amended to read:
138.3 		Subd. 25.Lawful purpose.  (a) "Lawful purpose" means one
138.4 	or more of the following:
138.5 	(1) any expenditure by or contribution to a 501(c)(3) or
138.6 	festival organization, as defined in subdivision 15a, provided
138.7 	that the organization and expenditure or contribution are in
138.8 	conformity with standards prescribed by the board under section
138.9 	349.154, which standards must apply to both types of
138.10 	organizations in the same manner and to the same extent;
138.11 	(2) a contribution to an individual or family suffering
138.12 	from poverty, homelessness, or physical or mental disability,
138.13 	which is used to relieve the effects of that poverty,
138.14 	homelessness, or disability;
138.15 	(3) a contribution to an individual for treatment for
138.16 	delayed posttraumatic stress syndrome or a contribution to a
138.17 	program recognized by the Minnesota Department of Human Services
138.18 	for the education, prevention, or treatment of compulsive
138.19 	gambling;
138.20 	(4) a contribution to or expenditure on a public or private
138.21 	nonprofit educational institution registered with or accredited
138.22 	by this state or any other state;
138.23 	(5) a contribution to a scholarship fund for defraying the
138.24 	cost of education to individuals where the funds are awarded
138.25 	through an open and fair selection process;
138.26 	(6) activities by an organization or a government entity
138.27 	which recognize humanitarian or military service to the United
138.28 	States, the state of Minnesota, or a community, subject to rules
138.29 	of the board, provided that the rules must not include mileage
138.30 	reimbursements in the computation of the per diem reimbursement
138.31 	limit and must impose no aggregate annual limit on the amount of
138.32 	reasonable and necessary expenditures made to support:
138.33 	(i) members of a military marching or color guard unit for
138.34 	activities conducted within the state;
138.35 	(ii) members of an organization solely for services
138.36 	performed by the members at funeral services; or
139.1 	(iii) members of military marching, color guard, or honor
139.2 	guard units may be reimbursed for participating in color guard,
139.3 	honor guard, or marching unit events within the state or states
139.4 	contiguous to Minnesota at a per participant rate of up to $35
139.5 	per diem;
139.6 	(7) recreational, community, and athletic facilities and
139.7 	activities intended primarily for persons under age 21, provided
139.8 	that such facilities and activities do not discriminate on the
139.9 	basis of gender and the organization complies with section
139.10 	349.154;
139.11 	(8) payment of local taxes authorized under this chapter,
139.12 	taxes imposed by the United States on receipts from lawful
139.13 	gambling, the taxes imposed by section 297E.02, subdivisions 1,
139.14 	4, 5, and 6, and the tax imposed on unrelated business income by
139.15 	section 290.05, subdivision 3;
139.16 	(9) payment of real estate taxes and assessments on
139.17 	permitted gambling premises wholly owned by the licensed
139.18 	organization paying the taxes, or wholly leased by a licensed
139.19 	veterans organization under a national charter recognized under
139.20 	section 501(c)(19) of the Internal Revenue Code, not to exceed:
139.21 	(i) for premises used for bingo, the amount that an
139.22 	organization may expend under board rules on rent for bingo; and
139.23 	(ii) $35,000 per year for premises used for other forms of
139.24 	lawful gambling;
139.25 	(10) a contribution to the United States, this state or any
139.26 	of its political subdivisions, or any agency or instrumentality
139.27 	thereof other than a direct contribution to a law enforcement or
139.28 	prosecutorial agency;
139.29 	(11) a contribution to or expenditure by a nonprofit
139.30 	organization which is a church or body of communicants gathered
139.31 	in common membership for mutual support and edification in
139.32 	piety, worship, or religious observances;
139.33 	(12) payment of the reasonable costs of an audit required
139.34 	in section 297E.06, subdivision 4, provided the annual audit is
139.35 	filed in a timely manner with the Department of Revenue;
139.36 	(13) a contribution to or expenditure on a wildlife
140.1 	management project that benefits the public at-large, provided
140.2 	that the state agency with authority over that wildlife
140.3 	management project approves the project before the contribution
140.4 	or expenditure is made;
140.5 	(14) expenditures, approved by the commissioner of natural
140.6 	resources, by an organization for grooming and maintaining
140.7 	snowmobile trails and all-terrain vehicle trails that are (1)
140.8 	grant-in-aid trails established under section 85.019, or (2)
140.9 	other trails open to public use, including purchase or lease of
140.10 	equipment for this purpose;projects or activities approved by
140.11 	the commissioner of natural resources for:
140.12 	(i) wildlife management projects that benefit the public at
140.13 	large;
140.14 	(ii) grant-in-aid trail maintenance and grooming
140.15 	established under sections 84.83 and 84.927 and other trails
140.16 	open to public use, including purchase or lease of equipment for
140.17 	this purpose; or 
140.18 	(iii) supplies and materials for safety training and
140.19 	educational programs coordinated by the Department of Natural
140.20 	Resources, including the Enforcement Division;
140.21 	(15) (14) conducting nutritional programs, food shelves,
140.22 	and congregate dining programs primarily for persons who are age
140.23 	62 or older or disabled;
140.24 	(16) (15) a contribution to a community arts organization,
140.25 	or an expenditure to sponsor arts programs in the community,
140.26 	including but not limited to visual, literary, performing, or
140.27 	musical arts;
140.28 	(17) (16) an expenditure by a licensed veterans
140.29 	organization for payment of water, fuel for heating,
140.30 	electricity, and sewer costs for a building wholly owned or
140.31 	wholly leased by and used as the primary headquarters of the
140.32 	licensed veterans organization;
140.33 	(18) (17) expenditure by a licensed veterans organization
140.34 	of up to $5,000 in a calendar year in net costs to the
140.35 	organization for meals and other membership events, limited to
140.36 	members and spouses, held in recognition of military service.
141.1 	No more than $5,000 can be expended in total per calendar year
141.2 	under this clause by all licensed veterans organizations sharing
141.3 	the same veterans post home; or
141.4 	(19) (18) payment of fees authorized under this chapter
141.5 	imposed by the state of Minnesota to conduct lawful gambling in
141.6 	Minnesota.
141.7 	(b) Notwithstanding paragraph (a), "lawful purpose" does
141.8 	not include:
141.9 	(1) any expenditure made or incurred for the purpose of
141.10 	influencing the nomination or election of a candidate for public
141.11 	office or for the purpose of promoting or defeating a ballot
141.12 	question;
141.13 	(2) any activity intended to influence an election or a
141.14 	governmental decision-making process;
141.15 	(3) the erection, acquisition, improvement, expansion,
141.16 	repair, or maintenance of real property or capital assets owned
141.17 	or leased by an organization, unless the board has first
141.18 	specifically authorized the expenditures after finding that (i)
141.19 	the real property or capital assets will be used exclusively for
141.20 	one or more of the purposes in paragraph (a); (ii) with respect
141.21 	to expenditures for repair or maintenance only, that the
141.22 	property is or will be used extensively as a meeting place or
141.23 	event location by other nonprofit organizations or community or
141.24 	service groups and that no rental fee is charged for the use;
141.25 	(iii) with respect to expenditures, including a mortgage payment
141.26 	or other debt service payment, for erection or acquisition only,
141.27 	that the erection or acquisition is necessary to replace with a
141.28 	comparable building, a building owned by the organization and
141.29 	destroyed or made uninhabitable by fire or natural disaster,
141.30 	provided that the expenditure may be only for that part of the
141.31 	replacement cost not reimbursed by insurance; (iv) with respect
141.32 	to expenditures, including a mortgage payment or other debt
141.33 	service payment, for erection or acquisition only, that the
141.34 	erection or acquisition is necessary to replace with a
141.35 	comparable building a building owned by the organization that
141.36 	was acquired from the organization by eminent domain or sold by
142.1 	the organization to a purchaser that the organization reasonably
142.2 	believed would otherwise have acquired the building by eminent
142.3 	domain, provided that the expenditure may be only for that part
142.4 	of the replacement cost that exceeds the compensation received
142.5 	by the organization for the building being replaced; or (v) with
142.6 	respect to an expenditure to bring an existing building into
142.7 	compliance with the Americans with Disabilities Act under item
142.8 	(ii), an organization has the option to apply the amount of the
142.9 	board-approved expenditure to the erection or acquisition of a
142.10 	replacement building that is in compliance with the Americans
142.11 	with Disabilities Act;
142.12 	(4) an expenditure by an organization which is a
142.13 	contribution to a parent organization, foundation, or affiliate
142.14 	of the contributing organization, if the parent organization,
142.15 	foundation, or affiliate has provided to the contributing
142.16 	organization within one year of the contribution any money,
142.17 	grants, property, or other thing of value;
142.18 	(5) a contribution by a licensed organization to another
142.19 	licensed organization unless the board has specifically
142.20 	authorized the contribution.  The board must authorize such a
142.21 	contribution when requested to do so by the contributing
142.22 	organization unless it makes an affirmative finding that the
142.23 	contribution will not be used by the recipient organization for
142.24 	one or more of the purposes in paragraph (a); or
142.25 	(6) a contribution to a statutory or home rule charter
142.26 	city, county, or town by a licensed organization with the
142.27 	knowledge that the governmental unit intends to use the
142.28 	contribution for a pension or retirement fund.

142.29 	Sec. 157. Minnesota Statutes 2004, section 462.357,
142.30 	subdivision 1e, is amended to read:
142.31 		Subd. 1e.Nonconformities. (a) Any nonconformity,
142.32 	including the lawful use or occupation of land or premises
142.33 	existing at the time of the adoption of an additional control
142.34 	under this chapter, may be continued, including through repair,
142.35 	replacement, restoration, maintenance, or improvement, but not
142.36 	including expansion, unless:
143.1 	(1) the nonconformity or occupancy is discontinued for a
143.2 	period of more than one year; or
143.3 	(2) any nonconforming use is destroyed by fire or other
143.4 	peril to the extent of greater than 50 percent of its market
143.5 	value, and no building permit has been applied for within 180
143.6 	days of when the property is damaged.  In this case, a
143.7 	municipality may impose reasonable conditions upon a building
143.8 	permit in order to mitigate any newly created impact on adjacent
143.9 	property.
143.10 	(b) Any subsequent use or occupancy of the land or premises
143.11 	shall be a conforming use or occupancy.  A municipality may, by
143.12 	ordinance, permit an expansion or impose upon nonconformities
143.13 	reasonable regulations to prevent and abate nuisances and to
143.14 	protect the public health, welfare, or safety.  This subdivision
143.15 	does not prohibit a municipality from enforcing an ordinance
143.16 	that applies to adults-only bookstores, adults-only theaters, or
143.17 	similar adults-only businesses, as defined by ordinance.
143.18 	(c) Notwithstanding paragraph (a), a municipality shall
143.19 	regulate the repair, replacement, maintenance, improvement, or
143.20 	expansion of nonconforming uses and structures in floodplain
143.21 	areas to the extent necessary to maintain eligibility in the
143.22 	National Flood Insurance Program and not increase flood damage
143.23 	potential or increase the degree of obstruction to flood flows
143.24 	in the floodway.

143.25 	Sec. 158. [473.1565] METROPOLITAN AREA WATER SUPPLY
143.26 	PLANNING ACTIVITIES; ADVISORY COMMITTEE.
143.27 		Subdivision 1.Planning activities. (a) The Metropolitan
143.28 	Council must carry out planning activities addressing the water
143.29 	supply needs of the metropolitan area as defined in section
143.30 	473.121, subdivision 2.  The planning activities must include,
143.31 	at a minimum:
143.32 	(1) development and maintenance of a base of technical
143.33 	information needed for sound water supply decisions including
143.34 	surface and groundwater availability analyses, water demand
143.35 	projections, water withdrawal and use impact analyses, modeling,
143.36 	and similar studies;
144.1 	(2) development and periodic update of a metropolitan area
144.2 	master water supply plan that:
144.3 	(i) provides guidance for local water supply systems and
144.4 	future regional investments;
144.5 	(ii) emphasizes conservation, interjurisdictional
144.6 	cooperation, and long-term sustainability; and 
144.7 	(iii) addresses the reliability, security, and
144.8 	cost-effectiveness of the metropolitan area water supply system
144.9 	and its local and subregional components;
144.10 	(3) recommendations for clarifying the appropriate roles
144.11 	and responsibilities of local, regional, and state government in
144.12 	metropolitan area water supply;
144.13 	(4) recommendations for streamlining and consolidating
144.14 	metropolitan area water supply decision-making and approval
144.15 	processes; and 
144.16 	(5) recommendations for the ongoing and long-term funding
144.17 	of metropolitan area water supply planning activities and
144.18 	capital investments.
144.19 	(b) The council must carry out the planning activities in
144.20 	this subdivision in consultation with the metropolitan area
144.21 	water supply advisory committee established in subdivision 2.
144.22 		Subd. 2.Advisory committee. (a) A metropolitan area
144.23 	water supply advisory committee is established to assist the
144.24 	council in its planning activities in subdivision 1.  The
144.25 	advisory committee has the following membership:
144.26 	(1) the commissioner of agriculture or the commissioner's
144.27 	designee;
144.28 	(2) the commissioner of health or the commissioner's
144.29 	designee;
144.30 	(3) the commissioner of natural resources or the
144.31 	commissioner's designee;
144.32 	(4) the commissioner of the pollution control agency or the
144.33 	commissioner's designee;
144.34 	(5) two officials of counties that are located in the
144.35 	metropolitan area, appointed by the governor;
144.36 	(6) five officials of noncounty local governmental units
145.1 	that are located in the metropolitan area, appointed by the
145.2 	governor; and 
145.3 	(7) the chair of the Metropolitan Council or the chair's
145.4 	designee, who is chair of the advisory committee.
145.5 	A local government unit in each of the seven counties in
145.6 	the metropolitan area must be represented in the seven
145.7 	appointments made under clauses (5) and (6).
145.8 	(b) Members of the advisory committee appointed by the
145.9 	governor serve at the pleasure of the governor.  Members of the
145.10 	advisory committee serve without compensation but may be
145.11 	reimbursed for their reasonable expenses as determined by the
145.12 	Metropolitan Council.  The advisory committee expires December
145.13 	31, 2007.
145.14 	(c) The council must consider the work and recommendations
145.15 	of the advisory committee when the council is preparing its
145.16 	regional development framework.
145.17 		Subd. 3.Reports to legislature. The council must submit
145.18 	reports to the legislature regarding its findings,
145.19 	recommendations, and continuing planning activities under
145.20 	subdivision 1.  The first report must be submitted to the
145.21 	legislature by the date the legislature convenes in 2007 and
145.22 	subsequent reports must be submitted by such date every five
145.23 	years thereafter.
145.24 	
EFFECTIVE DATE. This section is effective the day
145.25 	following final enactment and applies in the counties of Anoka,
145.26 	Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.

145.27 	Sec. 159. Minnesota Statutes 2004, section 477A.12, is
145.28 	amended by adding a subdivision to read:
145.29 		Subd. 4.Annual appropriation for fiscal year 2007 and
145.30 	each year thereafter. Notwithstanding subdivision 3, for the
145.31 	payment made in fiscal year 2007 and each year thereafter, the
145.32 	appraised value of acquired natural resources land that was
145.33 	acquired or received prior to July 1, 2004, shall be the value
145.34 	used for the payment made in fiscal year 2006.

145.35 	Sec. 160. Minnesota Statutes 2004, section 477A.145, is
145.36 	amended to read:
146.1 	477A.145 INFLATION ADJUSTMENT.
146.2 		Subdivision 1.Inflation adjustment calculation. In 2001
146.3 	and each year thereafter, the amounts required to be adjusted
146.4 	for inflation in sections 477A.12 and 477A.14 shall be increased
146.5 	to an amount equal to:  (1) the amount before the inflation
146.6 	adjustment multiplied by (2) one plus the percentage increase in
146.7 	the implicit price deflator for government consumption
146.8 	expenditures and gross investment for state and local
146.9 	governments prepared by the Bureau of Economic Analysis of the
146.10 	United States Department of Commerce for the period indicated
146.11 	below:
146.12 	(i) the period starting with the first quarter of 1994 and
146.13 	ending with the third quarter of the calendar year prior to the
146.14 	year in which aid is paid, provided that lands acquired by the
146.15 	state under chapter 84A that are designated as state parks,
146.16 	state recreation areas, scientific and natural areas, or
146.17 	wildlife management areas are included in the definition of
146.18 	acquired natural resource land under section 477A.11 for
146.19 	calculating payments in calendar year 2001 and thereafter;
146.20 	(ii) otherwise the period starting with the first quarter
146.21 	of 1987 and ending with the third quarter of the calendar year
146.22 	prior to the year in which the aid is paid.
146.23 	These adjusted amounts must be rounded to the nearest one-tenth
146.24 	of a cent.
146.25 		Subd. 2.Adjustments for fiscal year 2007 and each year
146.26 	thereafter. Notwithstanding subdivision 1, for the payments
146.27 	made in fiscal year 2007 and each year thereafter, the inflation
146.28 	adjustments shall be the amounts determined for the payment made
146.29 	in fiscal year 2006.

146.30 	Sec. 161. Laws 2003, chapter 128, article 1, section 5,
146.31 	subdivision 6, is amended to read:
146.32 		Subd. 6.Trails and Waterways
146.33 	Management
146.34 	24,060,000     21,173,000
146.35 	Summary by Fund
146.36 	General               1,234,000     1,234,000
147.1 	Natural Resources    20,655,000    18,255,000
147.2 	Game and Fish         2,171,000     1,684,000
147.3 	$5,724,000 the first year and
147.4 	$5,724,000 the second year are from the
147.5 	snowmobile trails and enforcement
147.6 	account in the natural resources fund
147.7 	for snowmobile grants-in-aid.
147.8 	$261,000 the first year and $261,000
147.9 	the second year are from the water
147.10 	recreation account in the natural
147.11 	resources fund for a safe harbor
147.12 	program on Lake Superior.
147.13 	$690,000 the first year and $690,000
147.14 	the second year are from the natural
147.15 	resources fund for state trail
147.16 	operations.  This appropriation is from
147.17 	the revenue deposited to the natural
147.18 	resources fund under Minnesota
147.19 	Statutes, section 297A.94, paragraph
147.20 	(e), clause (2).  This is a onetime
147.21 	appropriation.
147.22 	$553,000 the first year and $553,000
147.23 	the second year are from the natural
147.24 	resources fund for trail grants to
147.25 	local units of government on land to be
147.26 	maintained for at least 20 years for
147.27 	the purposes of the grant.  This
147.28 	appropriation is from the revenue
147.29 	deposited to the natural resources fund
147.30 	under Minnesota Statutes, section
147.31 	297A.94, paragraph (e), clause (4).
147.32 	This is a onetime appropriation.
147.33 	The appropriation in Laws 2001, First
147.34 	Special Session chapter 2, section 5,
147.35 	subdivision 6, from the water
147.36 	recreation account in the natural
147.37 	resources fund for preconstruction,
147.38 	acquisition, and staffing needs for the
147.39 	Mississippi Whitewater trail authorized
147.40 	by Minnesota Statutes, section 85.0156,
147.41 	is available until June 30, 2005.
147.42 	Upon a showing of need, the
147.43 	commissioner of natural resources may
147.44 	use up to 50 percent of a snowmobile
147.45 	maintenance and grooming grant under
147.46 	Minnesota Statutes, section 84.83, that
147.47 	was available as of December 31, 2002,
147.48 	to reimburse the intended recipient for
147.49 	expenses incurred in the purchase or
147.50 	lease of snowmobile trail grooming
147.51 	equipment to be used for grant-in-aid
147.52 	trails.  The costs must be incurred
147.53 	between July 1, 2002, and June 30,
147.54 	2003, and recipients must provide
147.55 	acceptable documentation of the costs
147.56 	to the commissioner.  All applications
147.57 	for reimbursement under this section
147.58 	must be received no later than
147.59 	September 1, 2003.
147.60 	$1,000,000 the first year and $600,000
147.61 	the second year are from the natural
147.62 	resources fund for off-highway vehicle
147.63 	trail designation, development,
148.1 	maintenance, and repair.  Of this
148.2 	amount, $600,000 the first year and
148.3 	$360,000 the second year are from the
148.4 	all-terrain vehicle account, $50,000
148.5 	the first year and $30,000 the second
148.6 	year are from the off-highway
148.7 	motorcycle account, and $350,000 the
148.8 	first year and $210,000 the second year
148.9 	are from the off-road vehicle account.
148.10 	$1,000,000 the first year is from the
148.11 	natural resources fund for the Iron
148.12 	Range off-highway vehicle recreation
148.13 	area.  Of this amount, $600,000 is from
148.14 	the all-terrain vehicle account,
148.15 	$350,000 is from the off-road vehicle
148.16 	account, and $50,000 is from the
148.17 	off-highway motorcycle account.  This
148.18 	appropriation is available until
148.19 	expended.
148.20 	By August 1, 2003, the commissioner of
148.21 	finance shall transfer $475,000 from
148.22 	the all-terrain vehicle account,
148.23 	$20,000 from the off-highway motorcycle
148.24 	account, and $5,000 from the off-road
148.25 	vehicle account to the off-highway
148.26 	vehicle damage account in Minnesota
148.27 	Statutes, section 84.780.
148.28 	$300,000 is from the snowmobile trails
148.29 	and enforcement account in the natural
148.30 	resources fund to acquire permanent
148.31 	easements for a snowmobile trail to
148.32 	connect the Willard Munger State Trail
148.33 	in Hermantown to the North Shore State
148.34 	Trail in Duluth.  This is a onetime
148.35 	appropriation and is available until
148.36 	expended.
148.37 	$700,000 the first year is from the
148.38 	water recreation account in the natural
148.39 	resources fund for a cooperative
148.40 	project with the U.S. Army Corps of
148.41 	Engineers to develop the Mississippi
148.42 	Whitewater Park.  Of this amount,
148.43 	$525,000 is available to provide a
148.44 	match for $975,000 of federal funds, in
148.45 	a ratio of 65 percent federal to 35
148.46 	percent state, for construction design
148.47 	development.  $175,000 is available for
148.48 	use by the department for project
148.49 	management, including costs for the
148.50 	project review team, real estate
148.51 	acquisition, staff coordination of the
148.52 	project, and legal services.
148.53 	The appropriation in this subdivision
148.54 	from the water recreation account in
148.55 	the natural resources fund for a
148.56 	cooperative project with the U.S. Army
148.57 	Corps of Engineers to develop the
148.58 	Mississippi Whitewater Park authorized
148.59 	by Minnesota Statutes, section 85.0156,
148.60 	is available until June 30, 2007.

148.61 	Sec. 162. Laws 2003, chapter 128, article 1, section 9,
148.62 	subdivision 6, is amended to read:
148.63 		Subd. 6.Recreation                   7,622,000      5,870,000
149.1 	Summary by Fund
149.2 	Trust Fund            5,622,000     5,870,000
149.3 	State Land and Conservation
149.4 	Account (LAWCON)      2,000,000
149.5 	(a) State Park and Recreation Area Land
149.6 	Acquisition
149.7 	$750,000 the first year and $750,000
149.8 	the second year are from the trust fund
149.9 	to the commissioner of natural
149.10 	resources to acquire in-holdings for
149.11 	state park and recreation areas.  Land
149.12 	acquired with this appropriation must
149.13 	be sufficiently improved to meet at
149.14 	least minimum management standards as
149.15 	determined by the commissioner of
149.16 	natural resources.  This appropriation
149.17 	is available until June 30, 2006, at
149.18 	which time the project must be
149.19 	completed and final products delivered,
149.20 	unless an earlier date is specified in
149.21 	the work program.
149.22 	(b) LAWCON Federal Reimbursements
149.23 	$2,000,000 is from the state land and
149.24 	water conservation account (LAWCON) in
149.25 	the natural resources fund to the
149.26 	commissioner of natural resources for
149.27 	eligible state projects and
149.28 	administrative and planning activities
149.29 	consistent with Minnesota Statutes,
149.30 	section 116P.14, and the federal Land
149.31 	and Water Conservation Fund Act.  This
149.32 	appropriation is contingent upon
149.33 	receipt of the federal obligation and
149.34 	remains available until June 30, 2006,
149.35 	at which time the project must be
149.36 	completed and final products delivered,
149.37 	unless an earlier date is specified in
149.38 	the work program.
149.39 	(c) Local Initiative Grants-Parks and
149.40 	Natural Areas
149.41 	$1,290,000 the first year and
149.42 	$1,289,000 the second year are from the
149.43 	trust fund to the commissioner of
149.44 	natural resources for matching grants
149.45 	to local governments for acquisition
149.46 	and development of natural and scenic
149.47 	areas and local parks as provided in
149.48 	Minnesota Statutes, section 85.019,
149.49 	subdivisions 2 and 4a, and regional
149.50 	parks outside of the metropolitan
149.51 	area.  Grants may provide up to 50
149.52 	percent of the nonfederal share of the
149.53 	project cost, except nonmetropolitan
149.54 	regional park grants may provide up to
149.55 	60 percent of the nonfederal share of
149.56 	the project cost.  The commission will
149.57 	monitor the grants for approximate
149.58 	balance over extended periods of time
149.59 	between the metropolitan area, under
149.60 	Minnesota Statutes, section 473.121,
149.61 	subdivision 2, and the nonmetropolitan
149.62 	area through work program oversight and
149.63 	periodic allocation decisions.  For the
150.1 	purposes of this paragraph, the match
150.2 	must be a nonstate contribution, but
150.3 	may be either cash or qualifying
150.4 	in-kind.  Recipients may receive
150.5 	funding for more than one project in
150.6 	any given grant period.  This
150.7 	appropriation is available until June
150.8 	30, 2006, at which time the project
150.9 	must be completed and final products
150.10 	delivered.
150.11 	(d) Metropolitan Regional Parks
150.12 	Acquisition, Rehabilitation, and
150.13 	Development
150.14 	$1,670,000 the first year and
150.15 	$1,669,000 the second year are from the
150.16 	trust fund to the commissioner of
150.17 	natural resources for an agreement with
150.18 	the metropolitan council for subgrants
150.19 	for the acquisition, development, and
150.20 	rehabilitation in the metropolitan
150.21 	regional park system, consistent with
150.22 	the metropolitan council regional
150.23 	recreation open space capital
150.24 	improvement plan.  This appropriation
150.25 	may not be used for the purchase of
150.26 	residential structures.  This
150.27 	appropriation may be used to reimburse
150.28 	implementing agencies for acquisition
150.29 	of nonresidential property as expressly
150.30 	approved in the work program.  This
150.31 	appropriation is available until June
150.32 	30, 2006, at which time the project
150.33 	must be completed and final products
150.34 	delivered, unless an earlier date is
150.35 	specified in the work program.  In
150.36 	addition, if a project financed under
150.37 	this program receives a federal grant,
150.38 	the availability of the financing from
150.39 	this paragraph for that project is
150.40 	extended to equal the period of the
150.41 	federal grant.
150.42 	(e) Local and Regional Trail Grant
150.43 	Initiative Program
150.44 	$160,000 the first year and $160,000
150.45 	the second year are from the trust fund
150.46 	to the commissioner of natural
150.47 	resources to provide matching grants to
150.48 	local units of government for the cost
150.49 	of acquisition, development,
150.50 	engineering services, and enhancement
150.51 	of existing and new trail facilities.
150.52 	This appropriation is available until
150.53 	June 30, 2006, at which time the
150.54 	project must be completed and final
150.55 	products delivered, unless an earlier
150.56 	date is specified in the work program.
150.57 	In addition, if a project financed
150.58 	under this program receives a federal
150.59 	grant, the availability of the
150.60 	financing from this paragraph for that
150.61 	project is extended to equal the period
150.62 	of the federal grant.
150.63 	(f) Gitchi-Gami State Trail
150.64 	$650,000 the first year and $650,000
150.65 	the second year are from the trust fund
151.1 	to the commissioner of natural
151.2 	resources, in cooperation with the
151.3 	Gitchi-Gami Trail Association, for the
151.4 	third biennium, to design and construct
151.5 	approximately five miles of Gitchi-Gami
151.6 	state trail segments.  This
151.7 	appropriation must be matched by at
151.8 	least $400,000 of nonstate money.  The
151.9 	availability of the financing from this
151.10 	paragraph is extended to equal the
151.11 	period of any federal money received.
151.12 	(g) Water Recreation:  Boat Access,
151.13 	Fishing Piers, and Shore-fishing
151.14 	$450,000 the first year and $700,000
151.15 	the second year are from the trust fund
151.16 	to the commissioner of natural
151.17 	resources to acquire and develop public
151.18 	water access sites statewide, construct
151.19 	shore-fishing and pier sites, and
151.20 	restore shorelands at public accesses.
151.21 	This appropriation is available until
151.22 	June 30, 2006, at which time the
151.23 	project must be completed and final
151.24 	products delivered, unless an earlier
151.25 	date is specified in the work program.
151.26 	(h) Mesabi Trail
151.27 	$190,000 the first year and $190,000
151.28 	the second year are from the trust fund
151.29 	to the commissioner of natural
151.30 	resources for an agreement with St.
151.31 	Louis and Lake Counties Regional Rail
151.32 	Authority for the sixth biennium to
151.33 	acquire and develop segments of the
151.34 	Mesabi trail.  If a federal grant is
151.35 	received, the availability of the
151.36 	financing from this paragraph is
151.37 	extended to equal the period of the
151.38 	federal grant.
151.39 	(i) Linking Communities Design,
151.40 	Technology, and DNR Trail Resources
151.41 	$92,000 the first year and $92,000 the
151.42 	second year are from the trust fund to
151.43 	the commissioner of natural resources
151.44 	for an agreement with the University of
151.45 	Minnesota to provide designs for up to
151.46 	three state trails incorporating
151.47 	recreation, natural, and cultural
151.48 	features.
151.49 	(j) Ft. Ridgley Historic Site
151.50 	Interpretive Trail
151.51 	$75,000 the first year and $75,000 the
151.52 	second year are from the trust fund to
151.53 	the Minnesota historical society to
151.54 	construct a trail through the original
151.55 	fort site and install interpretive
151.56 	markers.  This appropriation is
151.57 	available until June 30, 2006, at which
151.58 	time the project must be completed and
151.59 	final products delivered, unless an
151.60 	earlier date is specified in the work
151.61 	program.
151.62 	(k) Development and Rehabilitation of
152.1 	Minnesota Shooting Ranges
152.2 	$120,000 the first year and $120,000
152.3 	the second year are from the trust fund
152.4 	to the commissioner of natural
152.5 	resources to provide technical
152.6 	assistance and matching cost-share
152.7 	grants to local recreational shooting
152.8 	and archery clubs for the purpose of
152.9 	developing or rehabilitating shooting
152.10 	and archery facilities for public use.
152.11 	Recipient facilities must be open to
152.12 	the general public at reasonable times
152.13 	and for a reasonable fee on a walk-in
152.14 	basis.  This appropriation is available
152.15 	until June 30, 2006, at which time the
152.16 	project must be completed and final
152.17 	products delivered, unless an earlier
152.18 	date is specified in the work program.
152.19 	(l) Land Acquisition, Minnesota
152.20 	Landscape Arboretum
152.21 	$175,000 the first year and $175,000
152.22 	the second year are from the trust fund
152.23 	to the University of Minnesota for an
152.24 	agreement with the University of
152.25 	Minnesota Landscape Arboretum
152.26 	Foundation for the fifth biennium to
152.27 	acquire in-holdings within the
152.28 	arboretum's boundary land from willing
152.29 	sellers.  This appropriation must be
152.30 	matched by an equal amount of nonstate
152.31 	money.  This appropriation is available
152.32 	until June 30, 2006, at which time the
152.33 	project must be completed and final
152.34 	products delivered, unless an earlier
152.35 	date is specified in the work program.

152.36 	Sec. 163. Laws 2003, chapter 128, article 1, section 167,
152.37 	subdivision 1, is amended to read:
152.38 		Subdivision 1.Forest classification status review. (a)
152.39 	By December 31, 2006, the commissioner of natural resources
152.40 	shall complete a review of the forest classification status of
152.41 	all state forests classified as managed or limited, all forest
152.42 	lands under the authority of the commissioner as defined in
152.43 	Minnesota Statutes, section 89.001, subdivision 13, and lands
152.44 	managed by the commissioner under Minnesota Statutes, section
152.45 	282.011.  The review must be conducted on a forest-by-forest and
152.46 	area-by-area basis in accordance with the process and criteria
152.47 	under Minnesota Rules, part 6100.1950.  After each forest is
152.48 	reviewed, the commissioner must change its status to limited or
152.49 	closed, and must provide a similar status for each of the other
152.50 	areas subject to review under this section after each individual
152.51 	review is completed.
153.1 	(b) If the commissioner determines on January 1, 2005, that
153.2 	the review required under this section cannot be completed by
153.3 	December 31, 2006, the completion date for the review shall be
153.4 	extended to December 31, 2008.  By January 15, 2005, the
153.5 	commissioner shall report to the chairs of the legislative
153.6 	committees with jurisdiction over natural resources policy and
153.7 	finance regarding the status of the process required by this
153.8 	section.
153.9 	(c) Until December 31, 2010, the state forests and areas
153.10 	subject to review under this section are exempt from Minnesota
153.11 	Statutes, section 84.777, unless an individual forest or area
153.12 	has been classified as limited or closed.
153.13 	(d) This subdivision does not apply to forest lands north
153.14 	of U.S. Highway 2.  All forest lands under the authority of the
153.15 	commissioner as defined in Minnesota Statutes, section 89.001,
153.16 	subdivision 13, and lands managed by the commissioner under
153.17 	Minnesota Statutes, section 282.011, that are north of U.S.
153.18 	Highway 2 shall maintain their present classification unless the
153.19 	commissioner reclassifies the lands under Minnesota Rules, part
153.20 	6100.1950.

153.21 	Sec. 164. Laws 2004, chapter 220, section 1, is amended to
153.22 	read:

153.23 	Section 1. Environmental review; iron nugget production
153.24 	scale demonstration facility exemption.
153.25 	(a) The first iron nugget production scale demonstration
153.26 	facility that meets all of the criteria in this section shall be
153.27 	exempt from environmental review under Minnesota Statutes,
153.28 	chapter 116D and Minnesota Rules, chapter 4410.  The qualifying
153.29 	project must:
153.30 	(1) be the first iron nugget production scale demonstration
153.31 	facility in Minnesota;
153.32 	(2) involve a single rotary hearth furnace of maximum
153.33 	outside pitch circle diameter, as measured from the midpoint of
153.34 	hearth to the midpoint of hearth,of 60 meters;
153.35 	(3) be located outside the area adjacent to the north shore
153.36 	of Lake Superior classified as the lake orientation zone in the
154.1 	Department of Natural Resources report entitled "North Shore
154.2 	Characterization Study"; and
154.3 	(4) have complete permit applications submitted to the
154.4 	appropriate state agencies in calendar year 2004 by June 30,
154.5 	2005,for all permits required to construct and operate the
154.6 	facility.
154.7 	(b) The Department of Natural Resources, the Environmental
154.8 	Quality Board, the Pollution Control Agency, and any other state
154.9 	agency with applicable permit-granting authority shall provide
154.10 	public notice for any necessary permits for the iron nugget
154.11 	production scale demonstration facility within four months of
154.12 	receiving complete applications.
154.13 	(c) If the first iron nugget production scale demonstration
154.14 	facility to qualify for this exemption is proposed at a
154.15 	stationary source that has permitted taconite pellet furnaces,
154.16 	permanent shutdown of those pellet furnaces, prior to start-up
154.17 	of the iron nugget production scale demonstration facility,
154.18 	shall be a requirement in the iron nugget production scale
154.19 	demonstration facility air quality permit.  The shutdown of
154.20 	these furnaces shall not be creditable in calculating the "net
154.21 	emissions increase," as defined in Code of Federal Regulations,
154.22 	title 40, section 52.21, for this project.
154.23 	(d) The Pollution Control Agency shall strive in the
154.24 	permitting process to assure the lowest mercury emissions
154.25 	reasonably possible.
154.26 	(e) Permit applications must comply with applicable law,
154.27 	except that an iron nugget production scale demonstration
154.28 	facility that meets the criteria in this section is exempt from
154.29 	environmental review under Minnesota Statutes, chapter 116D and
154.30 	Minnesota Rules, chapter 4410, and the company is not required
154.31 	to perform an environmental review before permits are issued for
154.32 	the iron nugget production scale demonstration facility.
154.33 	(f) The construction and operation of the iron nugget
154.34 	production scale demonstration facility will demonstrate whether
154.35 	the technology is technically and economically feasible at this
154.36 	larger scale.  Environmental data from the operation of the iron
155.1 	nugget production scale demonstration facility may be used in
155.2 	the environmental review and permitting of commercial scale
155.3 	facilities built elsewhere in Minnesota.
155.4 	(g) The exemption does not affect any existing permit
155.5 	requirement that may require environmental review for a
155.6 	commercial scale iron nugget facility at an existing taconite
155.7 	facility located within the area adjacent to the north shore of
155.8 	Lake Superior classified as the lake orientation zone in the
155.9 	Department of Natural Resources report entitled "North Shore
155.10 	Characterization Study."

155.11 	EFFECTIVE DATE. This section is effective the day
155.12 	following final enactment.

155.13 	Sec. 165. CONTINUATION OF AGREEMENTS.
 155.14 	An agreement entered into between the Metropolitan Council
155.15 	and a participant in the credit enhancement program under
155.16 	Minnesota Statutes 2004, section 473.197, subdivision 5, with
155.17 	respect to bonds issued prior to the effective date of this
155.18 	section, shall continue in effect in accordance with its terms;
155.19 	provided that no provision in such agreement shall be construed
155.20 	to require or allow the council to pledge its full faith and
155.21 	credit and taxing powers to the payment of additional bonds
155.22 	issued after the effective date of this section.

155.23 	EFFECTIVE DATE. This section is effective the day
155.24 	following final enactment and applies in the counties of Anoka,
155.25 	Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.

155.26 	Sec. 166. USE OF CREDIT ENHANCEMENT PROGRAM FUNDS.
 155.27 	The Metropolitan Council must transfer any funds
155.28 	originating from the proceeds of solid waste bonds and available
155.29 	for the credit enhancement program under Minnesota Statutes
155.30 	2004, section 473.197, subdivision 4, to the council's general
155.31 	fund to the extent such funds are no longer pledged or otherwise
155.32 	needed by the council to maintain a debt reserve fund as
155.33 	provided for in ongoing Minnesota Statutes, section 473.197,
155.34 	subdivision 4.  The council must first use the transferred funds
155.35 	for carrying out the metropolitan area water supply planning
155.36 	activities required by Minnesota Statutes, section 473.1565, for
156.1 	staff support of the advisory committee established under that
156.2 	section, and for related purposes.  If the council determines
156.3 	that the transferred funds are no longer needed for such
156.4 	purposes, the council may use any such funds for any general
156.5 	purposes of the council.

156.6 	EFFECTIVE DATE. This section is effective the day
156.7 	following final enactment and applies in the counties of Anoka,
156.8 	Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.

156.9 	Sec. 167. REQUIRED RULEMAKING.
 156.10 	(a) The commissioner of natural resources shall amend
156.11 	Minnesota Rules, part 6232.0300, subpart 7, to permit an
156.12 	individual to operate an all-terrain vehicle on privately owned
156.13 	land in an area open to taking deer by firearms during the legal
156.14 	shooting hours of the deer season, regardless of whether the
156.15 	individual is licensed to take deer on the day of operation, if
156.16 	the individual is:
156.17 	(1) pursuing an occupation when operating the all-terrain
156.18 	vehicle;
156.19 	(2) not in possession of a firearm; and 
156.20 	(3) the owner of the land on which the all-terrain vehicle
156.21 	is operated, an employee of the land owner, or an immediate
156.22 	family member of the land owner.
156.23 	(b) The commissioner may use the good cause exemption under
156.24 	Minnesota Statutes, section 14.388, subdivision 1, clause (3),
156.25 	in amending the rule under paragraph (a).  Minnesota Statutes,
156.26 	section 14.386, does not apply, except to the extent provided
156.27 	under Minnesota Statutes, section 14.388.

156.28 	Sec. 168. INITIAL CITIZEN APPOINTMENTS.
 156.29 	The governor shall make the initial appointments of citizen
156.30 	members to the Minnesota Conservation Heritage Council according
156.31 	to the following schedule of terms:
156.32 	(1) the chair to serve a full six-year term;
156.33 	(2) three members to serve five-year terms;
156.34 	(3) three members to serve four-year terms;
156.35 	(4) two members to serve three-year terms; and 
156.36 	(5) two members to serve two-year terms.

157.1 	EFFECTIVE DATE. This section is effective the day
157.2 	following final enactment.

157.3 	Sec. 169. TRANSITION.
 157.4 	(a) The staff of the Legislative Commission on Minnesota
157.5 	Resources shall provide administrative and technical assistance
157.6 	to the council.
157.7 	(b) Administrative expenses saved through the elimination
157.8 	of the Citizens Advisory Committee shall be used for the
157.9 	administrative expenses of the council or other citizen advisory
157.10 	committees created by the council.

157.11 	EFFECTIVE DATE. This section is effective the day
157.12 	following final enactment.

157.13 	Sec. 170. CONFORMING CHANGES; RULES.
 157.14 	The commissioner may use the good cause exemption under
157.15 	Minnesota Statutes, section 14.388, subdivision 1, clause (3),
157.16 	to amend rules to conform to Minnesota Statutes, sections
157.17 	97C.327 and 97C.395, subdivision 1, as amended in this article.
157.18 	Minnesota Statutes, section 14.386, does not apply to the
157.19 	rulemaking under this section except to the extent provided
157.20 	under Minnesota Statutes, section 14.388.

157.21 	Sec. 171. GROOMING RATES AND MAINTENANCE REIMBURSEMENTS.
 157.22 	The commissioner of natural resources must work with trail
157.23 	providers to increase grooming rates and maintenance
157.24 	reimbursements, consistent with funding appropriated by the
157.25 	legislature, for grants provided under Minnesota Statutes,
157.26 	section 84.83.

157.27 	Sec. 172. HEALTH AND ENVIRONMENT CLEARINGHOUSE
157.28 	FEASIBILITY REPORT.
 157.29 	The Minnesota Pollution Control Agency must report to the
157.30 	legislature by January 15, 2006, on the feasibility of
157.31 	establishing a central clearinghouse to link emission and
157.32 	exposure data from existing sources with health data from the
157.33 	Minnesota Department of Health to assist Minnesota agencies and
157.34 	organizations to become eligible for federal environmental
157.35 	public health tracking funds.  The clearinghouse must include
157.36 	data from the Pollution Control Agency's environmental public
158.1 	access initiative and the What's in My Neighborhood database,
158.2 	brownfield sites identified by the Department of Agriculture,
158.3 	the Pollution Control Agency, or the Department of Employment
158.4 	and Economic Development, and other relevant toxic exposure data.

158.5 	Sec. 173. REPEALERS.
 158.6 		Subdivision 1.State park permit exemptions. Minnesota
158.7 	Statutes 2004, section 85.054, subdivision 1, is repealed.
158.8 		Subd. 2.Off-highway vehicle safety and conservation
158.9 	program. Minnesota Statutes 2004, section 84.901, is repealed.
158.10 		Subd. 3.Minnesota resources. Minnesota Statutes 2004,
158.11 	sections 116P.02, subdivisions 2 and 4; 116P.05; 116P.06; and
158.12 	116P.08, subdivision 4, are repealed.
158.13 		Subd. 4.Metropolitan council. Minnesota Statutes 2004,
158.14 	section 473.197, subdivisions 1, 2, 3, and 5, are repealed.
158.15 		Subd. 5.State lands. Minnesota Statutes 2004, sections
158.16 	94.343, subdivision 6; 94.344, subdivision 6; 94.348; and
158.17 	94.349, are repealed.
158.18 	
EFFECTIVE DATE. Subdivision 4 is effective the day
158.19 	following final enactment and applies in the counties of Anoka,
158.20 	Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.

158.21 	ARTICLE 2
158.22 	OPTION A FROM HOUSE RESOLUTION 8

158.23 	Section 1. ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.
 158.24 	These amounts are in adjustments to the appropriations in
158.25 	article 1 and are only effective if the house of representatives
158.26 	fails to pass H.F. 1664.  The sums shown in the columns marked
158.27 	"APPROPRIATIONS" are appropriated from the general fund, or
158.28 	another named fund, to the agencies and for the purposes
158.29 	specified in this article, to be available for the fiscal years
158.30 	indicated for each purpose.  The figures "2006" and "2007,"
158.31 	where used in this article, mean that the appropriation or
158.32 	appropriations listed under them are available for the year
158.33 	ending June 30, 2006, or June 30, 2007, respectively.  The term
158.34 	"first year" means the fiscal year ending June 30, 2006, and the
158.35 	term "second year" means the fiscal year ending June 30, 2007.
158.36 	APPROPRIATIONS
159.1 	                                       Available for the Year
159.2 	                                           Ending June 30
159.3 	                                          2006         2007

159.4 	Sec. 2. Department of
159.5 	Environmental Protection                (500,000)      (500,000)

159.6 	Sec. 3. Natural Resources
159.7 	Department                            (3,810,000)    (3,810,000)
 159.8 	$161,000 the first year and $161,000
159.9 	the second year are from the general
159.10 	fund for the reinvest in Minnesota
159.11 	wildlife program.
159.12 	$50,000 the first year and $50,000 the
159.13 	second year are from the general fund
159.14 	for the reinvest in Minnesota fisheries
159.15 	program.
159.16 	$135,000 the first year and $134,000
159.17 	the second year are from the general
159.18 	fund for the reinvest in Minnesota
159.19 	ecological services program.

159.20 	Sec. 4. Minnesota Conservation
159.21 	Corps                                   (350,000)      (350,000)

159.22 	Sec. 5. Water and Soil
159.23 	Resources Board                         (705,000)      (705,000)
 159.24 	Of this amount ($105,000) each year is
159.25 	a reduction to the Area 2 grant.

159.26 	Sec. 6. Metropolitan
159.27 	Council                                 (300,000)      (300,000)

159.28 	Sec. 7. Science
159.29 	Museum                                   (35,000)       (35,000)

159.30 	ARTICLE 3
159.31 	ENVIRONMENTAL REORGANIZATION

159.32 	Section 1. Minnesota Statutes 2004, section 15.01, is
159.33 	amended to read:
159.34 	15.01 DEPARTMENTS OF THE STATE.
159.35 	The following agencies are designated as the departments of
159.36 	the state government:  the Department of Administration; the
159.37 	Department of Agriculture; the Department of Commerce; the
159.38 	Department of Corrections; the Department of Education; the
159.39 	Department of Employment and Economic Development; the
159.40 	Department of Environmental Protection;the Department of
159.41 	Finance; the Department of Health; the Department of Human
159.42 	Rights; the Department of Labor and Industry; the Department of
159.43 	Military Affairs; the Department of Natural Resources; the
159.44 	Department of Employee Relations; the Department of Public
159.45 	Safety; the Department of Human Services; the Department of
160.1 	Revenue; the Department of Transportation; the Department of
160.2 	Veterans Affairs; and their successor departments.

160.3 	Sec. 2. Minnesota Statutes 2004, section 115A.06,
160.4 	subdivision 5, is amended to read:
160.5 		Subd. 5.Right of access.  Whenever the office or the
160.6 	director acting on behalf of the office commissioner deems it
160.7 	necessary to the accomplishment of its department purposes, the
160.8 	office commissioner or any member, employee, or agent thereof of
160.9 	the department, when authorized by it or the director 
160.10 	commissioner, may enter upon any property, public or private,
160.11 	for the purpose of obtaining information or conducting surveys
160.12 	or investigations, provided that the entrance and activity is
160.13 	undertaken after reasonable notice and during normal business
160.14 	hours and provided that compensation is made for any damages to
160.15 	the property caused by the entrance and activity.  The office 
160.16 	commissioner may pay a reasonable estimate of the damages it the
160.17 	commissioner believes will be caused by the entrance and
160.18 	activity before entering any property.

160.19 	Sec. 3. Minnesota Statutes 2004, section 115A.07,
160.20 	subdivision 1, is amended to read:
160.21 		Subdivision 1.Interagency coordination.  The director 
160.22 	commissioner shall inform the commissioner of employment and
160.23 	economic development of the office's department's activities,
160.24 	solicit the advice and recommendations of the agency, and
160.25 	coordinate its work with the regulatory and enforcement
160.26 	activities of the agency.

160.27 	Sec. 4. Minnesota Statutes 2004, section 115A.15,
160.28 	subdivision 7, is amended to read:
160.29 		Subd. 7.Waste reduction procurement model.  To reduce
160.30 	the amount of solid waste generated by the state and to provide
160.31 	a model for other public and private procurement systems, the
160.32 	commissioner, in cooperation with the director of the Office of
160.33 	Waste Management,shall develop continue to implement waste
160.34 	reduction procurement programs, including an expanded life cycle
160.35 	costing system for procurement of durable and repairable
160.36 	items by November 1, 1991. On implementation of the model
161.1 	procurement system,The commissioner, in cooperation with the
161.2 	director,shall develop and distribute informational materials
161.3 	for the purpose of promoting the procurement model to other
161.4 	public and private entities under section 115A.072, subdivision
161.5 	4.

161.6 	Sec. 5. Minnesota Statutes 2004, section 115A.38,
161.7 	subdivision 1, is amended to read:
161.8 		Subdivision 1.Reports to legislative commission 
161.9 	committees.  At least 30 days before making a final decision
161.10 	under section 115A.37 in a review brought pursuant to section
161.11 	115A.33, clause (d), the chair of the board commissioner may
161.12 	report to the legislative commission committees with
161.13 	jurisdiction over environment and natural resources policy and
161.14 	finance describing permit conditions or requirements being
161.15 	considered which are not within the existing authority of
161.16 	the agency or the board department or which would require
161.17 	legislation or public financial assistance.  In any such report
161.18 	the chair of the board commissioner may request intervention in
161.19 	the review pursuant to subdivisions 2 and 3.

161.20 	Sec. 6. [116.012] DEPARTMENT OF ENVIRONMENTAL PROTECTION;
161.21 	CREATION AND POWERS.
161.22 	The Department of Environmental Protection is created.  The
161.23 	responsibilities of the Office of Environmental Assistance and
161.24 	the Pollution Control Agency are transferred to the Department
161.25 	of Environmental Protection under section 15.039.  The offices
161.26 	of commissioner and members of the Environmental Protection
161.27 	Board are continuations of those offices in the Pollution
161.28 	Control Agency.  In addition to the provisions of section
161.29 	15.039, no employee in the classified service shall suffer job
161.30 	loss, have a salary reduced, or have employment benefits reduced
161.31 	as a result of the reorganization in this act.

161.32 	Sec. 7. Minnesota Statutes 2004, section 116.03,
161.33 	subdivision 1, is amended to read:
161.34 		Subdivision 1.Office.  (a) The office of commissioner of
161.35 	the Pollution Control Agency environmental protection is created
161.36 	and is under the supervision and control of the commissioner,
162.1 	who .  The commissioner is the chief executive officer of the
162.2 	department and is appointed by the governor under the provisions
162.3 	of section 15.06.
162.4 	(b) The commissioner may appoint a deputy commissioner and
162.5 	assistant commissioners who shall be in the unclassified service.
162.6 	(c) The commissioner shall make all decisions on behalf of
162.7 	the agency department that are not required to be made by the
162.8 	agency board under section 116.02.

162.9 	Sec. 8. Minnesota Statutes 2004, section 116.07,
162.10 	subdivision 4b, is amended to read:
162.11 		Subd. 4b.Permits; hazardous waste facilities.  (a) The
162.12 	agency shall provide to the Office of Environmental Assistance
162.13 	established in section 115A.055, copies of each permit
162.14 	application for a hazardous waste facility immediately upon its
162.15 	submittal to the agency.  The agency shall request
162.16 	recommendations on each permit application from the office and
162.17 	shall consult with the office on the agency's intended
162.18 	disposition of the recommendations.Except as otherwise
162.19 	provided in sections 115A.18 to 115A.30, the agency department 
162.20 	shall commence any environmental review required under chapter
162.21 	116D within 120 days of its acceptance of a completed permit
162.22 	application.  The agency department shall respond to a permit
162.23 	application for a hazardous waste facility within 120 days
162.24 	following a decision not to prepare environmental documents or
162.25 	following the acceptance of a negative declaration notice or an
162.26 	environmental impact statement.  Except as otherwise provided in
162.27 	sections 115A.18 to 115A.30, within 60 days following the
162.28 	submission of a final permit application for a hazardous waste
162.29 	facility, unless a time extension is agreed to by the applicant,
162.30 	the agency department shall issue or deny all permits needed for
162.31 	the construction of the proposed facility.
162.32 	(b) The agency department shall promulgate rules pursuant
162.33 	to chapter 14 for all hazardous waste facilities.  The rules
162.34 	shall require:
162.35 	(1) contingency plans for all hazardous waste facilities
162.36 	which provide for effective containment and control in any
163.1 	emergency condition;
163.2 	(2) the establishment of a mechanism to assure that money
163.3 	to cover the costs of closure and postclosure monitoring and
163.4 	maintenance of hazardous waste facilities will be available;
163.5 	(3) the maintenance of liability insurance by the owner or
163.6 	operator of hazardous waste facilities during the operating life
163.7 	of the facility.

163.8 	Sec. 9. Minnesota Statutes 2004, section 297H.13,
163.9 	subdivision 2, is amended to read:
163.10 		Subd. 2.Allocation of revenues.  (a)
163.11 	$22,000,000 $33,760,000, or 50 70 percent, whichever is greater,
163.12 	of the amounts remitted under this chapter must be credited to
163.13 	the environmental fund established in section 16A.531,
163.14 	subdivision 1.
163.15 	(b) The remainder must be deposited into the general fund.

163.16 	Sec. 10. Minnesota Statutes 2004, section 473.846, is
163.17 	amended to read:
163.18 	473.846 REPORT TO LEGISLATURE.
163.19 	The agency and the director commissioner shall submit to
163.20 	the senate Finance Committee, the house Ways and Means
163.21 	Committee, and the Environment and Natural Resources Committees
163.22 	of the senate and house of representatives, the Finance Division
163.23 	of the senate Committee on committees with jurisdiction over 
163.24 	environment and natural resources, and the house of
163.25 	representatives Committee on Environment and Natural
163.26 	Resources policy and finance separate reports describing the
163.27 	activities for which money for landfill abatement has been spent
163.28 	under sections 473.844 and 473.845.  The agency commissioner 
163.29 	shall report by November 1 of each year on expenditures during
163.30 	its previous fiscal year. The director shall report on
163.31 	expenditures during the previous calendar year and must
163.32 	incorporate its report in the report required by section
163.33 	115A.411, due July 1 of each odd-numbered year.The
163.34 	director commissioner shall make recommendations to the
163.35 	Environment and Natural Resources legislative committees of the
163.36 	senate and house of representatives, the Finance Division of the
164.1 	senate Committee on Environment and Natural Resources, and the
164.2 	house of representatives Committee on Environment and Natural
164.3 	Resources Finance on the future management and use of the
164.4 	metropolitan landfill abatement account.

164.5 	Sec. 11. REVISOR'S INSTRUCTION.
 164.6 	Except as otherwise provided in this article, the revisor
164.7 	shall make the following changes, with appropriate grammatical
164.8 	corrections, in Minnesota Statutes and Minnesota Rules:
164.9 	(1) delete references to the Pollution Control Agency or
164.10 	its commissioner or the Office of Environmental Assistance or
164.11 	its director and insert references to the Department of
164.12 	Environmental Protection or its commissioner;
164.13 	(2) delete references to the Pollution Control Agency where
164.14 	it means the Pollution Control Agency Board and insert
164.15 	references to the board;
164.16 	(3) delete language that is made superfluous by the merger
164.17 	of the agency and the office;
164.18 	(4) in Minnesota Statutes, chapters 115A to 116, delete
164.19 	references to obsolete names of committees in the senate and
164.20 	house of representatives and insert generic references to
164.21 	committees with jurisdiction over the specified areas of
164.22 	governance; and 
164.23 	(5) in Minnesota Statutes, chapters 115A to 116, delete
164.24 	obsolete references to reports required to be submitted to the
164.25 	legislature.

164.26 	Sec. 12. REPEALER.
 164.27 	Minnesota Statutes 2004, sections 115A.03, subdivisions 8a
164.28 	and 22a; 115A.055, subdivision 1; 115A.158, subdivision 3;
164.29 	115D.03, subdivision 4; 116.02, subdivision 5; 116.04; and
164.30 	473.801, subdivision 6, are repealed.