1.1 	A bill for an act
1.2 	relating to natural resources; providing for land donor appraisal reimbursement; 
1.3 	providing for acquisition of land for certain facilities; providing for disposition 
1.4 	of certain receipts; modifying state park permit provisions; modifying forest 
1.5 	services provided to private owners; granting authority to establish state forest 
1.6 	user fees; modifying the State Timber Act; modifying certain definitions; 
1.7 	providing certain technical changes; modifying noise standard exemptions; 
1.8 	extending certain pilot programs; granting certain authority to the Lower 
1.9 	Minnesota River Watershed District; exempting counties from certain rules; 
1.10 	requiring reports; eliminating the requirement for a comprehensive forest 
1.11 	resource management plan; requiring certain agreements; modifying certain 
1.12 	appropriations; appropriating money;amending Minnesota Statutes 2004, 
1.13 	sections 84.026; 84.085, subdivision 1; 84.0911, as amended; 84.8205, 
1.14 	subdivision 2; 84D.01, subdivisions 9a, 13, 15, 16; 84D.02, subdivision 2; 
1.15 	85.015, subdivisions 2, 7, 8, 11, 12, by adding a subdivision; 85.052, subdivision 
1.16 	4; 85.053, by adding a subdivision; 85.054, by adding subdivisions; 85.32, 
1.17 	subdivision 1; 88.79, subdivision 1; 89.01, subdivision 1; 90.14; 90.151, 
1.18 	subdivisions 1, 6, by adding a subdivision; 97A.015, subdivision 18; 103D.271, 
1.19 	subdivision 7; 103G.611, by adding a subdivision; 103I.005, subdivision 9; 
1.20 	116.07, subdivision 2a; Minnesota Statutes 2005 Supplement, sections 84.8205, 
1.21 	subdivision 1; 85.015, subdivision 5; 85.053, subdivision 2; 85.055, subdivision 
1.22 	1; 88.17, subdivision 5; 103G.271, subdivision 6;  Laws 2003, chapter 128, article 
1.23 	1, section 165; Laws 2005, First Special Session chapter 1, article 2, section 11, 
1.24 	subdivision 10; proposing coding for new law in Minnesota Statutes, chapters 
1.25 	85; 89; 90; repealing Minnesota Statutes 2004, sections 89.011, subdivisions 1, 
1.26 	2, 3, 6; 103D.271, subdivision 6; 103G.611, subdivision 6.
1.27 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.28 	ARTICLE 1
1.29 	POLICY AMENDMENTS

1.30 	Section 1. Minnesota Statutes 2004, section 84.085, subdivision 1, is amended to read:
1.31 		Subdivision 1.Authority. (a) The commissioner of natural resources may accept for 
1.32 	and on behalf of the state any gift, bequest, devise, or grants of lands or interest in lands or 
2.1 	personal property of any kind or of money tendered to the state for any purpose pertaining 
2.2 	to the activities of the department or any of its divisions. Any money so received is hereby 
2.3 	appropriated and dedicated for the purpose for which it is granted. Lands and interests in 
2.4 	lands so received may be sold or exchanged as provided in chapter 94.
2.5 	(b) When the commissioner of natural resources accepts lands or interests in land, 
2.6 	the commissioner may reimburse the donor for costs incurred to obtain an appraisal needed 
2.7 	for tax reporting purposes. If the state pays the donor for a portion of the value of the 
2.8 	lands or interests in lands that are donated, the reimbursement for appraisal costs shall not 
2.9 	exceed $1,500. If the donor receives no payment from the state for the lands or interests in 
2.10 	lands that are donated, the reimbursement for appraisal costs shall not exceed $5,000.
2.11 	(b) (c)  The commissioner of natural resources, on behalf of the state, may accept and 
2.12 	use grants of money or property from the United States or other grantors for conservation 
2.13 	purposes not inconsistent with the laws of this state. Any money or property so received 
2.14 	is hereby appropriated and dedicated for the purposes for which it is granted, and shall 
2.15 	be expended or used solely for such purposes in accordance with the federal laws and 
2.16 	regulations pertaining thereto, subject to applicable state laws and rules as to manner 
2.17 	of expenditure or use providing that the commissioner may make subgrants of any 
2.18 	money received to other agencies, units of local government, private individuals, private 
2.19 	organizations, and private nonprofit corporations. Appropriate funds and accounts shall be 
2.20 	maintained by the commissioner of finance to secure compliance with this section.
2.21 	(c) (d)  The commissioner may accept for and on behalf of the permanent school fund 
2.22 	a donation of lands, interest in lands, or improvements on lands. A donation so received 
2.23 	shall become state property, be classified as school trust land as defined in section  92.025, 
2.24 	and be managed consistent with section  127A.31. 

2.25 	Sec. 2. [85.0145] ACQUISITION OF LAND FOR FACILITIES.
2.26 	The commissioner of natural resources may acquire interests in land by gift, 
2.27 	purchase, or lease for facilities outside the boundaries of state parks, state recreation areas, 
2.28 	or state waysides that are needed for the management of state parks, state recreation areas, 
2.29 	or state waysides established under sections 85.012 and 85.013.

2.30 	Sec. 3. Minnesota Statutes 2004, section 85.052, subdivision 4, is amended to read:
2.31 		Subd. 4.Deposit of fees. (a) Fees paid for providing contracted products and 
2.32 	services within a state park, state recreation area, or wayside, and for special state park 
2.33 	uses under this section shall be deposited in the natural resources fund and credited to a 
2.34 	state parks account.
3.1 	(b) Gross receipts derived from sales, rentals, or leases of natural resources within 
3.2 	state parks, recreation areas, and waysides, other than those on trust fund lands, must be 
3.3 	deposited in the state treasury and credited to the general fund.
3.4 	(c) Notwithstanding paragraph (b), the gross receipts from the sale of stockpile 
3.5 	materials, aggregate, or other earth materials from the Iron Range Off-Highway Vehicle 
3.6 	Recreation Area shall be deposited in the dedicated accounts in the natural resources fund 
3.7 	from which the purchase of the stockpile material was made.

3.8 	Sec. 4. Minnesota Statutes 2005 Supplement, section 85.053, subdivision 2, is 
3.9 	amended to read:
3.10 		Subd. 2.Requirement. Except as provided in section 85.054, a motor vehicle 
3.11 	may not enter a state park, state recreation area, or state wayside over 50 acres in area, 
3.12 	without a state park permit issued under this section. Except for vehicles permitted under 
3.13 	subdivision subdivisions 7, paragraph (a), clause (2), and 8,  the state park permit must be 
3.14 	affixed to the lower right corner windshield of the motor vehicle and must be completely 
3.15 	affixed by its own adhesive to the windshield, or the commissioner may, by written order, 
3.16 	provide an alternative means to display and validate annual permits.

3.17 	EFFECTIVE DATE. This section is effective January 1, 2007.

3.18 	Sec. 5. Minnesota Statutes 2004, section 85.053, is amended by adding a subdivision 
3.19 	to read:
3.20 		Subd. 8.Towed vehicles. The commissioner shall prescribe and issue a temporary 
3.21 	permit for a vehicle that enters a park towed by a vehicle used for camping. The temporary 
3.22 	permit shall be issued with the camping permit and allows the towed vehicle to be driven 
3.23 	in state parks until the camping permit expires.

3.24 	EFFECTIVE DATE. This section is effective January 1, 2007.

3.25 	Sec. 6. Minnesota Statutes 2004, section 85.054, is amended by adding a subdivision 
3.26 	to read:
3.27 		Subd. 12.Soudan Underground Mine State Park. A state park permit is not 
3.28 	required and a fee may not be charged for motor vehicle entry or parking at the visitor 
3.29 	parking area of Soudan Underground Mine State Park.

3.30 	EFFECTIVE DATE. This section is effective January 1, 2007.

4.1 	Sec. 7. Minnesota Statutes 2004, section 85.054, is amended by adding a subdivision 
4.2 	to read:
4.3 		Subd. 13.Religious services. A state park permit is not required and a fee may not 
4.4 	be charged for motor vehicle entry to attend a religious service held in a state park if the 
4.5 	motor vehicle and occupants depart the park within two hours of entry.

4.6 	EFFECTIVE DATE. This section is effective January 1, 2007.

4.7 	Sec. 8. Minnesota Statutes 2005 Supplement, section 85.055, subdivision 1, is 
4.8 	amended to read:
4.9 		Subdivision 1.Fees. The fee for state park permits for:
4.10 	(1) an annual use of state parks is $25;
4.11 	(2) a second vehicle state park permit is $18;
4.12 	(3) a state park permit valid for one day is $7 $5;
4.13 	(4) a daily vehicle state park permit for groups is $5 $3;
4.14 	(5) an annual permit for motorcycles is $20;
4.15 	(6) an employee's state park permit is without charge; and
4.16 	(6) (7) a state park permit for handicapped disabled persons under section  85.053, 
4.17 	subdivision 7, clauses (1) and (2), is $12. 
4.18 	The fees specified in this subdivision include any sales tax required by state law.

4.19 	EFFECTIVE DATE. This section is effective January 1, 2007.

4.20 	Sec. 9. Minnesota Statutes 2004, section 88.79, subdivision 1, is amended to read:
4.21 		Subdivision 1.Employment of competent foresters; service to private owners.
 4.22 	The commissioner of natural resources may employ competent foresters to furnish owners 
4.23 	of forest lands within the state of Minnesota owning respectively not exceedingwho own 
4.24 	not more than 1,000 acres of suchforest land, forest management services consisting of:
4.25 	(1) advice in management and protection of timber, including written stewardship 
4.26 	and forest management plans;
4.27 	(2) selection and marking of timber to be cut,;
4.28 	(3) measurement of products,;
4.29 	(4) aid in marketing harvested products,;
4.30 	(5) provision of tree-planting equipment; and 
4.31 	(6) such other services as the commissioner of natural resources deems necessary or 
4.32 	advisable to promote maximum sustained yield of timber upon such forest lands.

5.1 	Sec. 10. [89.22] USES OF STATE FOREST LANDS; FEES.
5.2 		Subdivision 1.Establishing fees. Notwithstanding section 16A.1283, the 
5.3 	commissioner may, by written order published in the State Register, establish fees 
5.4 	providing for the use of state forest lands, including motorcycle, snowmobile, and sports 
5.5 	car rallies, races, or enduros; orienteering trials; group campouts that do not occur at 
5.6 	designated group camps; dog sled races; dog trials; large horse trail rides; and commercial 
5.7 	uses.  The fees are not subject to the rulemaking provisions of chapter 14 and section 
5.8 	14.386 does not apply. 
5.9 		Subd. 2.Receipts to special revenue fund. Fees collected under subdivision 1 shall 
5.10 	be credited to the special revenue fund and are annually appropriated to the commissioner 
5.11 	for costs incurred attributable to the uses for which the fees were imposed.

5.12 	Sec. 11. Minnesota Statutes 2004, section 90.14, is amended to read:
5.13 	90.14 AUCTION SALE PROCEDURE.
5.14 	(a) All state timber shall be offered and sold by the same unit of measurement as it 
5.15 	was appraised. The sale shall be made to the person who (1) bids the highest price for all 
5.16 	the several kinds of timber as advertised, or (2) if unsold at public auction, to the person 
5.17 	who purchases at any subsequent sale authorized under section 90.101, subdivision 1. No 
5.18 	tract shall be sold to any person other than the purchaser in whose name the bid was made.
5.19 	The commissioner may refuse to approve any and all bids received and cancel a sale of 
5.20 	state timber for good and sufficient reasons.
5.21 	(b) The purchaser at any sale of timber shall, immediately upon the approval of the 
5.22 	bid, or, if unsold at public auction, at the time of purchase at a subsequent sale under 
5.23 	section 90.101, subdivision 1, pay to the commissioner a down payment of 15 percent 
5.24 	of the appraised value. In case any purchaser fails to make such payment, the purchaser 
5.25 	shall be liable therefor to the state in a civil action, and the commissioner may reoffer the 
5.26 	timber for sale as though no bid or sale under section 90.101, subdivision 1, therefor 
5.27 	had been made.
5.28 	(c) In lieu of the scaling of state timber required by this chapter, a purchaser of 
5.29 	state timber may, at the time of payment by the purchaser to the commissioner of 15 
5.30 	percent of the appraised value, elect in writing on a form prescribed by the attorney 
5.31 	general to purchase a permit based solely on the appraiser's estimate of the volume of 
5.32 	timber described in the permit, provided that the commissioner has expressly designated 
5.33 	the availability of such option for that tract on the list of tracts available for sale as 
5.34 	required under section 90.101. A purchaser who elects in writing on a form prescribed 
5.35 	by the attorney general to purchase a permit based solely on the appraiser's estimate of 
6.1 	the volume of timber described on the permit does not have recourse to the provisions 
6.2 	of section 90.281.
6.3 	(d) In the case of a public auction sale conducted by a sealed bid process, tracts shall 
6.4 	be awarded to the high bidder, who shall pay to the commissioner a down payment of 15 
6.5 	percent of the appraised value within ten business days of receiving a written award 
6.6 	notice. If a purchaser fails to make the down payment, the purchaser is liable for the down 
6.7 	payment to the state and the commissioner may offer the timber for sale to the next highest 
6.8 	bidder as though no higher bid had been made.
6.9 	(e) Except as otherwise provided by law, at the time the purchaser signs a permit 
6.10 	issued under section 90.151, the purchaser shall make a bid guarantee payment to the 
6.11 	commissioner in an amount equal to 15 percent of the total purchase price of the permit 
6.12 	less the down payment amount required by paragraph (b). If the bid guarantee payment is 
6.13 	not submitted with the signed permit, no harvesting may occur, the permit cancels, and the 
6.14 	down payment for timber forfeits to the state. The bid guarantee payment forfeits to the 
6.15 	state if the purchaser and successors in interest fail to execute an effective permit.

6.16 	Sec. 12. [90.145] PURCHASER QUALIFICATIONS AND REGISTRATION.
6.17 		Subdivision 1.Purchaser qualifications. (a) In addition to any other requirements 
6.18 	imposed by this chapter, the purchaser of a state timber permit issued under section 90.151 
6.19 	must meet the requirements in paragraphs (b) to (d).
6.20 	(b) The purchaser and the purchaser's agents, employees, subcontractors, and 
6.21 	assigns must comply with general industry safety standards for logging adopted by the 
6.22 	commissioner of labor and industry under chapter 182. The commissioner of natural 
6.23 	resources shall require a purchaser to provide proof of compliance with the general 
6.24 	industry safety standards. 
6.25 	(c) The purchaser and the purchaser's agents, subcontractors, and assigns must 
6.26 	comply with the mandatory insurance requirements of chapter 176. The commissioner 
6.27 	shall require a purchaser to provide a copy of the proof of insurance required by section 
6.28 	176.130 before the start of harvesting operations on any permit.
6.29 	(d) Before the start of harvesting operations on any permit, the purchaser must 
6.30 	certify that a foreperson or other designated employee who has a current certificate of 
6.31 	completion from the Minnesota logger education program (MLEP), the Wisconsin Forest 
6.32 	Industry Safety and Training Alliance (FISTA), or any similar program acceptable to the 
6.33 	commissioner, is supervising active logging operations.
6.34 		Subd. 2.Purchaser preregistration. To facilitate the sale of permits issued under 
6.35 	section 90.151, the commissioner may establish a purchaser preregistration system. 
7.1 	Any system implemented by the commissioner shall be limited in scope to only that 
7.2 	information that is required for the efficient administration of the purchaser qualification 
7.3 	provisions of this chapter and shall conform with the requirements of chapter 13.

7.4 	Sec. 13. Minnesota Statutes 2004, section 90.151, subdivision 1, is amended to read:
7.5 		Subdivision 1.Issuance; expiration. (a) Following receipt of the down payment 
7.6 	for state timber required under section 90.14 or 90.191, the commissioner shall issue a 
7.7 	numbered permit to the purchaser, in a form approved by the attorney general, by the 
7.8 	terms of which the purchaser shall be authorized to enter upon the land, and to cut and 
7.9 	remove the timber therein described as designated for cutting in the report of the state 
7.10 	appraiser, according to the provisions of this chapter. The permit shall be correctly dated 
7.11 	and executed by the commissioner and signed by the purchaser. If a permit is not signed 
7.12 	by the purchaser within 60 days from the date of purchase, the permit cancels and the 
7.13 	down payment for timber required under section 90.14 forfeits to the state.
7.14 	(b) The permit shall expire no later than five years after the date of sale as the 
7.15 	commissioner shall specify or as specified under section 90.191, and the timber shall 
7.16 	be cut within the time specified therein. All cut timber, equipment, and buildings not 
7.17 	removed from the land within 90 days after expiration of the permit shall become the 
7.18 	property of the state.
7.19 	(c) The commissioner may grant an additional period of time not to exceed 120 days 
7.20 	for the removal of cut timber, equipment, and buildings upon receipt of such request by 
7.21 	the permit holder for good and sufficient reasons. The commissioner may grant a second 
7.22 	period of time not to exceed 120 days for the removal of cut timber, equipment, and 
7.23 	buildings upon receipt of a request by the permit holder for hardship reasons only.
7.24 	(d) No permit shall be issued to any person other than the purchaser in whose name 
7.25 	the bid was made.

7.26 	Sec. 14. Minnesota Statutes 2004, section 90.151, subdivision 6, is amended to read:
7.27 		Subd. 6.Notice and approval required. The permit shall provide that the permit 
7.28 	holder shall not start cutting any state timber nor clear building sites nor logging roads until 
7.29 	the commissioner has been notified and has given prior approval to such cutting operations.
7.30 	Approval shall not be granted until the permit holder has completed a presale conference 
7.31 	with the state appraiser designated to supervise the cutting. The permit holder shall also 
7.32 	give prior notice whenever permit operations are to be temporarily halted, whenever 
7.33 	permit operations are to be resumed, and when permit operations are to be completed.

8.1 	Sec. 15. Minnesota Statutes 2004, section 90.151, is amended by adding a subdivision 
8.2 	to read:
8.3 		Subd. 15.Liquidated damages. The permit may include a schedule of liquidated 
8.4 	damage charges for breach of permit terms by the permit holder. The damage charges shall 
8.5 	be limited to amounts that are reasonable in light of the anticipated or actual harm caused 
8.6 	by the breach, the difficulties of proof of loss, and the inconvenience or nonfeasibility of 
8.7 	otherwise obtaining an adequate remedy.

8.8 	Sec. 16. Minnesota Statutes 2004, section 103D.271, subdivision 7, is amended to read:
8.9 		Subd. 7.Termination hearing order. When the board determines a termination 
8.10 	petition has been filed that meets the requirements of subdivisions 4 and 5 and the 
8.11 	petitioners' bond has been filed, the board must, by order, set a time by 35 days after its 
8.12 	determination and a location within the watershed district for a termination hearing.

8.13 	Sec. 17. Minnesota Statutes 2004, section 103I.005, subdivision 9, is amended to read:
8.14 		Subd. 9.Exploratory boring. "Exploratory boring" means a surface drilling done 
8.15 	to explore or prospect for oil, natural gas, apatite, diamonds, graphite, gemstones, kaolin 
8.16 	clay, and metallic minerals, including iron, copper, zinc, lead, gold, silver, titanium, 
8.17 	vanadium, nickel, cadmium, molybdenum, chromium, manganese, cobalt, zirconium, 
8.18 	beryllium, thorium, uranium, aluminum, platinum, palladium, radium, tantalum, tin, and 
8.19 	niobium, and a drilling or boring for petroleum.

8.20 	Sec. 18. Minnesota Statutes 2004, section 116.07, subdivision 2a, is amended to read:
8.21 		Subd. 2a.Exemptions from standards. No standards adopted by any state agency 
8.22 	for limiting levels of noise in terms of sound pressure which may occur in the outdoor 
8.23 	atmosphere shall apply to (1) segments of trunk highways constructed with federal 
8.24 	interstate substitution money, provided that all reasonably available noise mitigation 
8.25 	measures are employed to abate noise, (2) an existing or newly constructed segment of a 
8.26 	highway, provided that all reasonably available noise mitigation measures, as approved by 
8.27 	the commissioners of the Department of Transportation and Pollution Control Agency, are 
8.28 	employed to abate noise, (3) except for the cities of Minneapolis and St. Paul, an existing 
8.29 	or newly constructed segment of a road, street, or highway under the jurisdiction of a road 
8.30 	authority of a town, statutory or home rule charter city, or county, except for roadways for 
8.31 	which full control of access has been acquired, (4) skeet, trap or shooting sports clubs, 
8.32 	or (5) motor vehicle race events conducted at a facility specifically designed for that 
8.33 	purpose that was in operation on or before July 1, 1983. 1996. Motor vehicle race events 
9.1 	exempted from state standards under this subdivision are exempt from claims based on 
9.2 	noise brought under section 561.01 and chapters 116B and 116D. Nothing herein shall 
9.3 	prohibit a local unit of government or a public corporation with the power to make rules 
9.4 	for the government of its real property from regulating the location and operation of 
9.5 	skeet, trap or shooting sports clubs, or motor vehicle race events conducted at a facility 
9.6 	specifically designed for that purpose that was in operation on or before July 1, 1983 1996.

9.7 	Sec. 19. Laws 2003, chapter 128, article 1, section 165, is amended to read:
9.8 	Sec. 165.  ISTS PILOT PROGRAM.
9.9 	
9.10 	The Pollution Control Agency shall, in conjunction with the  association of 
9.11 	Minnesota counties, designate three cooperating  counties with waterbodies listed as 
9.12 	impaired by fecal coliform  bacteria, and within designated counties shall:  
9.13 	
9.14 	(1) by July 1, 2007 2008, complete an inventory of properties  with individual 
9.15 	sewage treatment systems that are an imminent  threat to public health or safety due to 
9.16 	surface water  discharges of untreated sewage, and the inventory of properties  may be 
9.17 	phased over the period of the pilot project; and  
9.18 	
9.19 	(2) require compliance under the applicable requirements of  this section by May 1, 
9.20 	2008 2009.  The pollution control agency may  utilize cooperative agreements with the 
9.21 	three pilot counties to  meet the requirements of clauses (1) and (2).  

9.22 	Sec. 20. Laws 2005, First Special Session chapter 1, article 2, section 11, subdivision 
9.23 	10, is amended to read:

9.24	Subd.  10. Energy
 		1,896,000
		1,896,000

9.25	Summary by Fund
	
9.26	Trust Fund
	1,896,000
	1,896,000
	
9.27 	(a) Clean Energy Resource Teams and 
9.28 	Community Wind  Energy Rebate and 
9.29 	Financial Assistance Program
9.30 	$350,000 the first year and $350,000  the 
9.31 	second year are from the trust fund  to the 
9.32 	commissioner of commerce.  $300,000 of 
10.1 	this appropriation is to  provide technical 
10.2 	assistance to  implement cost-effective 
10.3 	conservation,  energy efficiency, and 
10.4 	renewable energy  projects.  $400,000 of this  
10.5 	appropriation is to assist two Minnesota 
10.6 	communities in developing  locally owned 
10.7 	wind energy projects by  offering financial 
10.8 	assistance and rebates. This appropriation 
10.9 	is available until June 30, 2009, at which 
10.10 	time the project must be completed and final 
10.11 	products delivered, unless an earlier date is 
10.12 	specified in the work program.
10.13 	(b) [Paragraph (b) was vetoed by the 
10.14 	governor.]
10.15 	(c) Manure Methane Digester Compatible 
10.16 	Wastes  and Electrical Generation
10.17 	$50,000 the first year and $50,000 the  
10.18 	second year are from the trust fund to  the 
10.19 	commissioner of agriculture to  research the 
10.20 	potential for a centrally  located, multifarm 
10.21 	manure digester and  the potential use of 
10.22 	compatible waste  streams with manure 
10.23 	digesters. 
10.24 	(d) Dairy Farm Digesters 
10.25 	$168,000 the first year and $168,000  the 
10.26 	second year are from the trust fund  to the 
10.27 	commissioner of natural  resources for an 
10.28 	agreement with the  Minnesota Project for a 
10.29 	pilot project  to evaluate anaerobic digester  
10.30 	technology on average size dairy farms  of 
10.31 	50 to 300 cows.  
10.32 	(e) Wind to Hydrogen Demonstration  
10.33 	$400,000 the first year and $400,000  the 
10.34 	second year are from the trust fund  to the 
11.1 	commissioner of natural  resources for an 
11.2 	agreement with the  University of Minnesota, 
11.3 	West Central  Research and Outreach Center, 
11.4 	to  develop a model community-scale  
11.5 	wind-to-hydrogen facility.  
11.6 	(f) Natural Gas Production from  Agricultural 
11.7 	Biomass 
11.8 	$50,000 the first year and $50,000 the  
11.9 	second year are from the trust fund to  the 
11.10 	commissioner of natural resources  for an 
11.11 	agreement with Sebesta Blomberg  and 
11.12 	Associates to demonstrate potential  natural 
11.13 	gas yield using anaerobic  digestion of blends 
11.14 	of chopped grasses  or crop residue with hog 
11.15 	manure and  determine optimum operating 
11.16 	conditions  for conversion to natural gas.  
11.17 	(g) Biomass-Derived Oils for Generating 
11.18 	Electricity  and Reducing Emissions  
11.19 	$75,000 the first year and $75,000 the  second 
11.20 	year are from the trust fund to  the University 
11.21 	of Minnesota to evaluate  the environmental 
11.22 	and performance  benefits of using renewable  
11.23 	biomass-derived oils, such as soybean  oil, 
11.24 	for generating electricity.  
11.25 	(h) [Paragraph (h) was vetoed by the 
11.26 	governor.]
11.27 	(i) [Paragraph (i) was vetoed by the 
11.28 	governor.]

11.29 	Sec. 21. LOWER MINNESOTA RIVER WATERSHED DISTRICT; 
11.30 	AUTHORITY TO ACQUIRE, MAINTAIN, OPERATE, IMPROVE, AND 
11.31 	ENLARGE DREDGE MATERIAL SITE.
 11.32 		Subdivision 1.Definitions. The definitions in this subdivision apply to this section: 
11.33 	(1) "district" means the Lower Minnesota River Watershed District, a district 
11.34 	established under Minnesota Statutes, chapter 103D; 
12.1 	(2) "governing body" means the managers of the district as defined in Minnesota 
12.2 	Statutes, section 103D.011, subdivision 15; and 
12.3 	(3) "dredge material site" means a site at which public agencies or private customers 
12.4 	may deposit material from dredging activities conducted on the Minnesota River.
12.5 		Subd. 2.Authorization; authority to own and operate. The district may own 
12.6 	and operate a dredge material site for its own needs, the needs of other public agencies, 
12.7 	the needs of private customers, or any combination of these. The district may acquire, 
12.8 	construct, and install all facilities needed for that purpose and may lease, purchase, or 
12.9 	acquire by exercise of the power of eminent domain any existing properties so needed. 
12.10 	The district may sell the dredge material to any person or entity. If the governing body 
12.11 	determines that the dredge material has no value, the district may convey the dredge 
12.12 	material for no consideration to any person or entity. The district may hire all personnel 
12.13 	the governing body deems necessary and may make all necessary rules and regulations for 
12.14 	the operation and maintenance of the dredge material site.
12.15 		Subd. 3.Charges; net revenues. (a) To pay for the acquisition, maintenance, 
12.16 	operation, improvement, and enlargement of the dredge material site and to obtain and 
12.17 	comply with permits required by law for the dredge material site, the governing body may 
12.18 	impose charges for permitting private customers to deposit dredge material at the dredge 
12.19 	material site and make contracts for the charges as provided in this section.
12.20 	(b) The amount of the charges imposed shall be established at the discretion of the 
12.21 	governing body. In determining the amount of the charges to be imposed, the governing 
12.22 	body may give consideration to all costs of the operation and maintenance of the dredge 
12.23 	material site, the costs of depreciation and replacement of structures and equipment, the 
12.24 	costs of improvements and enlargements, the cost of reimbursing the district for special 
12.25 	assessment revenues expended for the benefit of persons or entities not subject to special 
12.26 	assessment levies by the district, the amount of the principal and interest to become due 
12.27 	on obligations issued or to be issued, the costs of obtaining and complying with permits 
12.28 	required by law, the price charged for similar services by other providers of dredge 
12.29 	material sites in similar markets, and all other factors the governing body deems relevant.
12.30 	(c) At its discretion, the governing body may impose a surcharge on private 
12.31 	customers using the dredge material site in addition to the charges allowed under 
12.32 	paragraph (a). The surcharge shall be for the purpose of paying for the removal of dredge 
12.33 	material from the dredging site if the governing body determines it necessary. If the 
12.34 	governing body later determines that there is no need to pay for the removal of the dredge 
12.35 	material from the dredge material site, the governing body shall rebate all surcharges 
12.36 	paid by private customers.

13.1 	Sec. 22. APPLICATION OF STORM WATER RULES TO COUNTIES.
 13.2 	Until the Pollution Control Agency storm water rules are amended, the provisions of 
13.3 	Minnesota Rules, part 7090.1010, subpart 1, item B, subitems (2) and (3), only, shall not 
13.4 	apply to counties.

13.5 	Sec. 23. TERRESTRIAL SEQUESTRATION; REPORT.
 13.6 	The commissioners of agriculture, commerce, natural resources, and the Pollution 
13.7 	Control Agency shall review the phase 1 report from the Minnesota Terrestrial Carbon 
13.8 	Sequestration Project and report to the Minnesota Environmental Quality Board and 
13.9 	the members of the house and senate committees with jurisdiction over agriculture, 
13.10 	energy, environment, and natural resource issues by June 30, 2007, on existing scientific 
13.11 	information on carbon stocks in Minnesota's major ecosystems, the economics of various 
13.12 	carbon enhancing practices, and alternative carbon trading systems and their potential 
13.13 	application in Minnesota.

13.14 	Sec. 24. GREENHOUSE GAS EMISSIONS; REPORT.
 13.15 	The Pollution Control Agency, in collaboration with the Minnesota Clean Energy 
13.16 	Environment Partnership, shall report to the Minnesota Environmental Quality Board and 
13.17 	the members of the house and senate committees with jurisdiction over agriculture, energy, 
13.18 	environment, and natural resource issues by June 30, 2007, on strategies for mitigating, 
13.19 	reducing, and sequestering state greenhouse gas emissions.

13.20 	Sec. 25. CARRYFORWARD.
 13.21 	The appropriation under Laws 2003, chapter 128, article 1, section 9, subdivision 
13.22 	6, paragraph (c), for local initiative grants - parks and natural areas, is available until 
13.23 	June 30, 2007. The appropriation under Laws 2003, chapter 128, article 1, section 9, 
13.24 	subdivision 6, paragraph (l), as amended by Laws 2005, First Special Session chapter 1, 
13.25 	article 2, section 150, for land acquisition, Minnesota Landscape Arboretum, is available 
13.26 	until June 30, 2008.

13.27 	Sec. 26. APPROPRIATIONS; MINNESOTA RESOURCES.
 13.28 		Subdivision 1.General. Unless otherwise specified, the amounts appropriated 
13.29 	under this section are from the environment and natural resources trust fund and added 
13.30 	to the appropriations in Laws 2005, First Special Session chapter 1, article 2, section 11. 
13.31 	Unless otherwise provided, the amounts appropriated in this section are available until 
13.32 	June 30, 2008, when projects must be completed and final products delivered.
14.1 		Subd. 2.Enhancing civic understanding of groundwater.  $75,000 in fiscal 
14.2 	year 2006 and $75,000 in fiscal year 2007 are appropriated to the Science Museum 
14.3 	of Minnesota to create groundwater exhibits and a statewide traveling groundwater 
14.4 	classroom program. This appropriation is available until June 30, 2009, at which time 
14.5 	the project must be completed and final products delivered, unless an earlier date is 
14.6 	specified in the work program.
14.7 		Subd. 3.Laurentian Energy Authority biomass project.  $200,000 in fiscal year 
14.8 	2006 and $200,000 in fiscal year 2007 are appropriated to the commissioner of commerce 
14.9 	for an agreement with Virginia Public Utility to lease land and plant approximately 1,000 
14.10 	acres of trees to support a proposed conversion to a biomass power plant.
14.11 		Subd. 4.Land cover mapping for natural resource protection.  $125,000 in 
14.12 	fiscal year 2006 and $125,000 in fiscal year 2007 are appropriated to the commissioner 
14.13 	of natural resources for an agreement with Hennepin County to develop geographic 
14.14 	information system tools for prioritizing natural areas for protection and restoration and to 
14.15 	update and complete land cover classification mapping.
14.16 		Subd. 5.Lake Superior research.  $133,000 in fiscal year 2006 and $134,000 in 
14.17 	fiscal year 2007 are appropriated to the Board of Regents of the University of Minnesota 
14.18 	for the Large Lakes Observatory for research on Lake Superior. $28,000 in fiscal year 
14.19 	2007 from the Great Lake protection account under Minnesota Statutes, section 116Q.02, 
14.20 	is appropriated to the Board of Regents for the same purpose.
14.21 		Subd. 6.Climate change impacts on Minnesota's aquatic resources.  $125,000 
14.22 	in fiscal year 2006 and $125,000 in fiscal year 2007 are appropriated to the Board of 
14.23 	Regents of the University of Minnesota for the Natural Resources Institute to quantify 
14.24 	climate, hydrologic, and ecological variability and trends and identify indicators of future 
14.25 	climate. This appropriation is available until June 30, 2009, at which time the project 
14.26 	must be completed and final products delivered, unless an earlier date is specified in 
14.27 	the work program.
14.28 		Subd. 7.Land exchange revolving fund for Aitkin, Cass, and Crow Wing 
14.29 	Counties. $145,000 in fiscal year 2006 and $145,000 in fiscal year 2007 are appropriated 
14.30 	to the commissioner of natural resources for an agreement with Aitkin County for a 
14.31 	six-year revolving loan fund to improve public and private land ownership patterns, 
14.32 	increase management efficiency, and protect critical habitat in Aitkin, Cass, and Crow 
14.33 	Wing Counties. By June 30, 2011, Aitkin County shall repay the $290,000 to the 
14.34 	commissioner of finance for deposit in the environment and natural resources trust fund.
14.35 		Subd. 8.Riparian land acquisition. $620,000 in fiscal year 2006 and $520,000 in 
14.36 	fiscal year 2007 from the environment trust fund to the commissioner of natural resources 
15.1 	for fee title acquisition and easements on high priority, sensitive riparian lands that provide 
15.2 	high value for watershed protection.
15.3 		Subd. 9.Conservation and preservation plan. $150,000 in fiscal year 2006 
15.4 	and $150,000 in fiscal year 2007 from the environmental trust fund to the Legislative 
15.5 	Commission on Minnesota Resources, or its successor commission, to issue a request for 
15.6 	proposal to develop a statewide comprehensive plan for conservation and preservation.
15.7 		Subd. 10.Forest legacy. $250,000 in fiscal year 2006 and $250,000 in fiscal year 
15.8 	2007 from the environmental trust fund to the commissioner of natural resources to 
15.9 	acquire easements as described under Minnesota Statutes, chapter 84C, or private lands. 
15.10 	All easements must guarantee public access, including hunting and fishing.
15.11 		Subd. 11.Administration. (a) $550,000 in 2007 is from the environment and 
15.12 	natural resources trust fund to the Legislative-Citizen Commission on Minnesota 
15.13 	Resources for administration, as provided in Minnesota Statutes, section 116P.09, 
15.14 	subdivision 5.
15.15 	(b) The fiscal year 2006 administrative budget under Laws 2005, First Special 
15.16 	Session chapter 1, article 2, section 11, subdivision 3, is for the Legislative Commission 
15.17 	on Minnesota Resources or its successor commission, as provided in Minnesota Statutes, 
15.18 	section 15.039, subdivision 6.

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

15.20 	Sec. 27.  REPEALER.
 15.21 	Minnesota Statutes 2004, sections 89.011, subdivisions 1, 2, 3, and 6; and 103D.271, 
15.22 	subdivision 6, are repealed.

15.23 	ARTICLE 2
15.24 	TECHNICAL AMENDMENTS

15.25 	Section 1. Minnesota Statutes 2004, section 84.026, is amended to read:
15.26 	84.026 CONTRACTS AND GRANTS FOR PROVISION OF NATURAL 
15.27 	RESOURCES SERVICES.
15.28 		Subdivision 1.Contracts. The commissioner of natural resources is authorized 
15.29 	to enter into contractual or grant agreements with any public or private entity for the 
15.30 	provision of statutorily prescribed natural resources services by or for the department. 
15.31 	The contracts or grants shall specify the services to be provided and, where services are 
15.32 	being provided for the department, the amount and method of payment after services 
15.33 	are rendered. Funds generated in a contractual agreement made pursuant to this section 
16.1 	shall be deposited in the special revenue fund and are appropriated to the department for 
16.2 	purposes of providing the services specified in the contracts. All contractual and grant 
16.3 	agreements shall be processed in accordance with the provisions of section  16C.05. The 
16.4 	commissioner shall report revenues collected and expenditures made under this section
16.5 	subdivision to the chairs of the Committees on Ways and Means in the house and Finance 
16.6 	in the senate by January 1 of each odd-numbered year.
16.7 		Subd. 2.Grants. The commissioner is authorized to enter into grant agreements for 
16.8 	the provision of statutorily prescribed natural resources services with any public or private 
16.9 	entity. The grant agreements shall specify the services to be provided to the department 
16.10 	and the amount and method of payment after services are rendered.
16.11 		Subd. 3.Procurement law. All contractual and grant agreements under this section 
16.12 	shall be processed according to section 16C.05.

16.13 	Sec. 2. Minnesota Statutes 2004, section 84.0911, as amended by Laws 2005, First 
16.14 	Special Session chapter 1, article 2, section 17, is amended to read:
16.15 	84.0911 WILD RICE MANAGEMENT ACCOUNT.
16.16 		Subdivision 1.Account established. The wild rice management account is 
16.17 	established as an account in the game and fish fund.
16.18 		Subd. 2.Receipts. Money received from the sale of wild rice licenses issued by the 
16.19 	commissioner under section 84.091, subdivision 3, paragraph (a), clauses (1), (3), and (4), 
16.20 	and subdivision 3, paragraph (b), except for the electronic licensing system commission 
16.21 	established by the commissioner under section 84.027, subdivision 15, shall be credited to 
16.22 	the wild rice management account.
16.23 		Subd. 3.Use of money in account. Except for the electronic licensing system 
16.24 	commission established by the commissioner under section 84.027, subdivision 15, 
16.25 	money in the wild rice management account is annually appropriated to the commissioner 
16.26 	and shall be used for management of designated public waters to improve natural wild 
16.27 	rice production.

16.28 	Sec. 3. Minnesota Statutes 2005 Supplement, section 84.8205, subdivision 1, is 
16.29 	amended to read:
16.30 		Subdivision 1.Sticker required; fee.  (a) Except as provided in paragraph (b),  a 
16.31 	person may not operate a snowmobile on a state or grant-in-aid snowmobile trail unless a 
16.32 	snowmobile state trail sticker is affixed to the snowmobile. The commissioner of natural 
16.33 	resources shall issue a sticker upon application and payment of a $15 fee. The fee for a 
16.34 	three-year snowmobile state trail sticker that is purchased at the time of snowmobile 
17.1 	registration is $30. In addition to other penalties prescribed by law, a person in violation of 
17.2 	this subdivision must purchase an annual state trail sticker for a fee of $30. The sticker is 
17.3 	valid from November 1 through April 30. Fees collected under this section, except for the 
17.4 	issuing fee for licensing agents under this section and for the electronic licensing system 
17.5 	commission established by the commissioner under section 84.027, subdivision 15, shall 
17.6 	be deposited in the state treasury and credited to the snowmobile trails and enforcement 
17.7 	account in the natural resources fund and, except for the electronic licensing system 
17.8 	commission established by the commissioner under section 84.027, subdivision 15, must 
17.9 	be used for grants-in-aid, trail maintenance, grooming, and easement acquisition.
17.10 	(b) A state trail sticker is not required under this section for:
17.11 	(1) a snowmobile owned by the state or a political subdivision of the state that is 
17.12 	registered under section 84.82, subdivision 5;
17.13 	(2) a snowmobile that is owned and used by the United States, another state, or 
17.14 	a political subdivision thereof that is exempt from registration under section 84.82, 
17.15 	subdivision 6;
17.16 	(3) a collector snowmobile that is operated as provided in a special permit issued for 
17.17 	the collector snowmobile under section 84.82, subdivision 7a; or
17.18 	(4) a person operating a snowmobile only on the portion of a trail that is owned by 
17.19 	the person or the person's spouse, child, or parent.

17.20 	Sec. 4. Minnesota Statutes 2004, section 84.8205, subdivision 2, is amended to read:
17.21 		Subd. 2.Placement of sticker. The state trail sticker shall be permanently affixed 
17.22 	to  either:
17.23 	(1) the forward half of the snowmobile directly above or below the headlight of 
17.24 	the snowmobile; 
17.25 	(2) above the expiration year on the top portion of the snowmobile registration 
17.26 	validation decal; or
17.27 	(3) the lower right corner of a registration plate issued to a dealer or manufacturer 
17.28 	under section 84.82, subdivision 3.

17.29 	Sec. 5. Minnesota Statutes 2004, section 84D.01, subdivision 9a, is amended to read:
17.30 		Subd. 9a.Invasive species. "Invasive species" means a nonnative species that 
17.31 	can naturalize and:
17.32 	(1) causes or may cause economic or environmental harm or harm to human health; 
17.33 	or
18.1 	(2) threatens or may threaten natural resources or the use of natural resources in 
18.2 	the state.

18.3 	Sec. 6. Minnesota Statutes 2004, section 84D.01, subdivision 13, is amended to read:
18.4 		Subd. 13.Prohibited invasive species. "Prohibited invasive species" means an 
18.5 	invasive a nonnative species that has been designated as a prohibited invasive species in a 
18.6 	rule adopted by the commissioner under section  84D.12. 

18.7 	Sec. 7. Minnesota Statutes 2004, section 84D.01, subdivision 15, is amended to read:
18.8 		Subd. 15.Regulated invasive species. "Regulated invasive species" means an 
18.9 	invasive a nonnative species that has been designated as a regulated invasive species in a 
18.10 	rule adopted by the commissioner under section  84D.12. 

18.11 	Sec. 8. Minnesota Statutes 2004, section 84D.01, subdivision 16, is amended to read:
18.12 		Subd. 16.Transport. "Transport" means to cause or attempt to cause a species to be 
18.13 	carried or moved into or within the state, and includes accepting or receiving the species 
18.14 	for transportation or shipment. Transport does not include the unintentional transport 
18.15 	of infested water or a species within a water of the state or to a connected water of the 
18.16 	state where the species being transported is already present.

18.17 	Sec. 9. Minnesota Statutes 2004, section 84D.02, subdivision 2, is amended to read:
18.18 		Subd. 2.Purple loosestrife, curly-leaf pondweed,  and Eurasian water milfoil 
18.19 	programs. (a) The program required in subdivision 1 must include specific programs to 
18.20 	curb the spread and manage the growth of purple loosestrife, curly-leaf pondweed,  and 
18.21 	Eurasian water milfoil. These programs must include:
18.22 	(1) compiling inventories and monitoring the growth of purple loosestrife and 
18.23 	Eurasian water milfoil in the state, for which the commissioner may use volunteers;
18.24 	(2) publication and distribution of informational materials to boaters and lakeshore 
18.25 	owners;
18.26 	(3) cooperative research with the University of Minnesota and other public and 
18.27 	private research facilities to study the use of nonchemical control methods, including 
18.28 	biological control methods; and
18.29 	(4) managing the growth of Eurasian water milfoil, curly-leaf pondweed,  and purple 
18.30 	loosestrife in coordination with appropriate local units of government, special purpose 
18.31 	districts, and lakeshore associations, to include providing requested technical assistance.
19.1 	(b) The commissioners of agriculture and transportation shall cooperate with the 
19.2 	commissioner to establish, implement, and enforce the purple loosestrife program.

19.3 	Sec. 10. Minnesota Statutes 2004, section 85.015, subdivision 2, is amended to read:
19.4 		Subd. 2.Casey Jones Trail, Murray, Redwood, and Pipestone Counties. (a) The 
19.5 	trail shall originate in Lake Shetek State Park in Murray County and include the six-mile 
19.6 	loop between Currie in Murray County and Lake Shetek State Park. From there, the first 
19.7 	half of the trail shall trail southwesterly to Slayton in Murray County; thence westerly to 
19.8 	the point of intersection with the most easterly terminus of the state-owned abandoned 
19.9 	railroad right-of-way, commonly known as the Casey Jones unit; thence westerly along 
19.10 	said Casey Jones unit to Pipestone in Pipestone County; thence southwesterly to Split 
19.11 	Rock Creek State Park in Pipestone County, southerly to Blue Mound State Park in Rock 
19.12 	County and there terminate. The second half of the trail shall commence in Lake Shetek 
19.13 	State Park in Murray County and trail northeasterly to Walnut Grove in Redwood County
19.14 	and there terminate; thence northeasterly to Redwood Falls in Redwood County to join 
19.15 	with the Minnesota River State Trail.
19.16 	(b) The trail shall be developed as a multiuse, multiseasonal, dual treadway trail. 
19.17 	Nothing herein shall abrogate the purpose for which the Casey Jones unit was originally 
19.18 	established, and the use thereof shall be concurrent.

19.19 	Sec. 11. Minnesota Statutes 2005 Supplement, section 85.015, subdivision 5, is 
19.20 	amended to read:
19.21 		Subd. 5.Glacial Lakes Trail, Kandiyohi, Pope, Stearns, and Douglas Counties.
 19.22 	(a) The trail shall originate at Kandiyohi County Park on the north shore of Green Lake 
19.23 	in Kandiyohi County and thence extend northwesterly to Sibley State Park, thence 
19.24 	northwesterly to Glacial Lakes State Park in Pope County, thence northeasterly to Lake 
19.25 	Carlos State Park in Douglas County, and there terminate.
19.26 	(b) Trails may be established that extend the Glacial Lakes Trail system from New 
19.27 	London to Cold Spring. A segment shall be established beginning in the city of Willmar, 
19.28 	Kandiyohi County, and extending northeasterly into Stearns County.
19.29 	(c) The trail shall be developed primarily for riding and hiking.

19.30 	Sec. 12. Minnesota Statutes 2004, section 85.015, subdivision 7, is amended to read:
19.31 		Subd. 7.Blufflands Trail system, Fillmore, Olmsted, Winona, and Houston 
19.32 	Counties. (a) The Root River Trail shall originate at Chatfield in Fillmore County, and 
20.1 	thence extend easterly in the Root River Valley to the intersection of the river with 
20.2 	Minnesota Trunk Highway No. 26 in Houston County, and extend to the Mississippi River.
20.3 	(b) Additional trails may be established that extend the Blufflands Trail system to 
20.4 	include La Crescent, Hokah, Caledonia, and Spring Grove in Houston County; Preston, 
20.5 	Harmony, Fountain, Wykoff, Spring Valley, Mabel, Canton, and Ostrander in Fillmore 
20.6 	County; Rochester, Dover, Eyota, Stewartville, Byron, and Chester Woods County Park in 
20.7 	Olmsted County; and Winona, Minnesota City, Rollingstone, Altura, Lewiston, Utica, 
20.8 	St. Charles, and Elba in Winona County. In addition to the criteria in section  86A.05, 
20.9 	subdivision 4, these trails must utilize abandoned railroad rights-of-way where possible. 
20.10 	(c) The trails shall be developed primarily for nonmotorized riding and hiking.

20.11 	Sec. 13. Minnesota Statutes 2004, section 85.015, subdivision 8, is amended to read:
20.12 		Subd. 8.Sakatah Singing Hills trail, Blue Earth, Le Sueur, and Rice Counties.
 20.13 	(a) The trail shall originate at mile post 4.1 of the Chicago and Northwestern Railway 
20.14 	Company right-of-way in the junction of Benning in Mankato, Blue Earth County, and 
20.15 	shall extend in a northeasterly direction on or along the railroad right-of-way to mile post 
20.16 	46.01 of the Chicago and Northwestern Railway at a point commonly known as Faribault 
20.17 	Junction in into Rice County, a distance of approximately 42 miles, and there terminate. 
20.18 	(b) The trail shall be developed primarily for riding and hiking. Motorized vehicles, 
20.19 	except snowmobiles, are prohibited from the trail.

20.20 	Sec. 14. Minnesota Statutes 2004, section 85.015, subdivision 11, is amended to read:
20.21 		Subd. 11.Willard Munger Trail, Ramsey, Anoka, Washington, Chisago, Pine, 
20.22 	St. Louis, and Carlton Counties. (a) The trail shall originate in the vicinity of Arden 
20.23 	Hills, Ramsey County, and thence extend northeasterly, traversing Anoka and Washington 
20.24 	Counties to the vicinity of Taylors Falls in Chisago County; thence northwesterly and 
20.25 	northerly to St. Croix State Park in Pine County; thence northerly to Jay Cooke State Park 
20.26 	in Carlton County, and there terminate. consist of four segments. One segment shall be 
20.27 	known as the "gateway segment" and shall originate at the State Capitol, then extend 
20.28 	northerly and northeasterly to William O'Brien State Park, and then extend northerly to 
20.29 	Taylors Falls in Chisago County. One segment shall originate in Chisago County and 
20.30 	extend into Duluth in St. Louis County. One segment shall originate at Hinckley in Pine 
20.31 	County and extend through Moose Lake in Carlton County to Duluth in St. Louis County. 
20.32 	One segment shall originate in Carlton County at Carlton and extend through Wrenshall to 
20.33 	the Minnesota-Wisconsin border.
21.1 	(b) The gateway segment shall be developed primarily for hiking and nonmotorized 
21.2 	riding, and the remaining segments of the  trail shall be developed primarily for riding 
21.3 	and hiking.
21.4 	(c) Additional trails segments shall be established that extend the Willard Munger 
21.5 	Trail to include Proctor, Duluth, and Hermantown in St. Louis County.

21.6 	Sec. 15. Minnesota Statutes 2004, section 85.015, subdivision 12, is amended to read:
21.7 		Subd. 12.Heartland Trail, Clay, Becker, Hubbard, and Cass Counties. (a) 
21.8 	The trail shall originate at Moorhead in Clay County and extend in an easterly direction 
21.9 	through Detroit Lakes in Becker County to mile post  90.92 at Park Rapids in Hubbard 
21.10 	County and shall extend; thence in an easterly direction along the Burlington Northern 
21.11 	Railroad right-of-way through Walker in Cass County. The trail shall then continue; 
21.12 	thence in a northerly direction along the Burlington Northern Railroad right-of-way to 
21.13 	Cass Lake in Cass County, and there terminate. 
21.14 	(b) The trail shall be developed primarily for riding and hiking.
21.15 	(c) In addition to the authority granted in subdivision 1, lands and interests in lands 
21.16 	for the Heartland Trail may be acquired by eminent domain. Before acquiring any land 
21.17 	or interest in land by eminent domain the commissioner of administration shall obtain 
21.18 	the approval of the governor. The governor shall consult with the Legislative Advisory 
21.19 	Commission before granting approval. Recommendations of the Legislative Advisory 
21.20 	Commission shall be advisory only. Failure or refusal of the commission to make a 
21.21 	recommendation shall be deemed a negative recommendation.

21.22 	Sec. 16. Minnesota Statutes 2004, section 85.015, is amended by adding a subdivision 
21.23 	to read:
21.24 		Subd. 25.Great River Ridge Trail, Wabasha and Olmsted Counties. The trail 
21.25 	shall originate in the city of Plainview in Wabasha County and extend southwesterly 
21.26 	through the city of Elgin in Wabasha County and the town of Viola in Olmsted County to 
21.27 	the Chester Woods Trail in Olmsted County.

21.28 	Sec. 17. Minnesota Statutes 2004, section 85.32, subdivision 1, is amended to read:
21.29 		Subdivision 1.Areas marked. The commissioner of natural resources is authorized 
21.30 	in cooperation with local units of government and private individuals and groups when 
21.31 	feasible to mark canoe and boating routes on the Little Fork, Big Fork, Minnesota, 
21.32 	St. Croix, Snake, Mississippi, Red Lake, Cannon, Straight, Des Moines, Crow Wing, 
21.33 	St. Louis, Pine, Rum, Kettle, Cloquet, Root, Zumbro, Pomme de Terre within Swift 
22.1 	County, Watonwan, Cottonwood, Whitewater, Chippewa from Benson in Swift County 
22.2 	to Montevideo in Chippewa County, Long Prairie, Red River of the North, Sauk, and 
22.3 	Crow Rivers which have historic and scenic values and to mark appropriately points of 
22.4 	interest, portages, camp sites, and all dams, rapids, waterfalls, whirlpools, and other 
22.5 	serious hazards which are dangerous to canoe and watercraft travelers.

22.6 	Sec. 18. Minnesota Statutes 2005 Supplement, section 88.17, subdivision 5, is 
22.7 	amended to read:
22.8 		Subd. 5.Permit fees. (a) The annual fees for an electronic burning permit are:
22.9 	(1) $5 for a noncommercial burning permit; and
22.10 	(2) for commercial enterprises that obtain multiple permits, $5 per permit for each 
22.11 	burning site, up to a maximum of $50 per individual business enterprise per year.
22.12 	(b) Except for the issuing fee under paragraph (c), and for the electronic licensing 
22.13 	system commission established by the commissioner under section 84.027, subdivision 
22.14 	15, money received from permits issued under this section shall be deposited in the state 
22.15 	treasury and credited to the burning permit account and, except for the electronic licensing 
22.16 	system commission established by the commissioner under section 84.027, subdivision 
22.17 	15,  is annually appropriated to the commissioner of natural resources for the costs of 
22.18 	operating the burning permit system.
22.19 	(c) Of the fee amount collected under paragraph (a), $1 shall be retained by the 
22.20 	permit agent as a commission for issuing electronic permits.
22.21 	(d) Fire wardens who issue written permits may charge a fee of up to $1 for each 
22.22 	permit issued, to be retained by the fire warden as a commission for issuing the permit. 
22.23 	This paragraph does not limit a local government unit from charging an administrative fee 
22.24 	for issuing open burning permits within its jurisdiction.

22.25 	Sec. 19. Minnesota Statutes 2004, section 89.01, subdivision 1, is amended to read:
22.26 		Subdivision 1.Best methods. The commissioner shall ascertain and observe the 
22.27 	best methods of reforesting cutover and denuded lands, foresting waste and prairie lands, 
22.28 	preventing destruction of forests and lands by fire, administering forests on forestry 
22.29 	principles, encouraging private owners to preserve and grow timber for commercial 
22.30 	purposes, and conserving the forests around the head waters of streams and on the 
22.31 	watersheds of the state.

22.32 	Sec. 20. Minnesota Statutes 2004, section 97A.015, subdivision 18, is amended to read:
23.1 		Subd. 18.Enforcement officer. "Enforcement officer" means the commissioner, the 
23.2 	director of the Enforcement Division, or a conservation officer, or a game refuge manager.

23.3 	Sec. 21. Minnesota Statutes 2005 Supplement, section 103G.271, subdivision 6, 
23.4 	is amended to read:
23.5 		Subd. 6.Water use permit processing fee. (a) Except as described in paragraphs 
23.6 	(b) to (f), a water use permit processing fee must be prescribed by the commissioner in 
23.7 	accordance with the schedule of fees in this subdivision for each water use permit in force 
23.8 	at any time during the year. The schedule is as follows, with the stated fee in each clause 
23.9 	applied to the total amount appropriated:
23.10 	(1) $101 for amounts not exceeding 50,000,000 gallons per year;
23.11 	(2) $3 per 1,000,000 gallons for amounts greater than 50,000,000 gallons but less 
23.12 	than 100,000,000 gallons per year;
23.13 	(3) $3.50 per 1,000,000 gallons for amounts greater than 100,000,000 gallons but 
23.14 	less than 150,000,000 gallons per year;
23.15 	(4) $4 per 1,000,000 gallons for amounts greater than 150,000,000 gallons but less 
23.16 	than 200,000,000 gallons per year;
23.17 	(5) $4.50 per 1,000,000 gallons for amounts greater than 200,000,000 gallons but 
23.18 	less than 250,000,000 gallons per year;
23.19 	(6) $5 per 1,000,000 gallons for amounts greater than 250,000,000 gallons but less 
23.20 	than 300,000,000 gallons per year;
23.21 	(7) $5.50 per 1,000,000 gallons for amounts greater than 300,000,000 gallons but 
23.22 	less than 350,000,000 gallons per year;
23.23 	(8) $6 per 1,000,000 gallons for amounts greater than 350,000,000 gallons but less 
23.24 	than 400,000,000 gallons per year;
23.25 	(9) $6.50 per 1,000,000 gallons for amounts greater than 400,000,000 gallons but 
23.26 	less than 450,000,000 gallons per year;
23.27 	(10) $7 per 1,000,000 gallons for amounts greater than 450,000,000 gallons but 
23.28 	less than 500,000,000 gallons per year; and
23.29 	(11) $7.50 per 1,000,000 gallons for amounts greater than 500,000,000 gallons 
23.30 	per year.
23.31 	(b) For once-through cooling systems, a water use processing fee must be prescribed 
23.32 	by the commissioner in accordance with the following schedule of fees for each water use 
23.33 	permit in force at any time during the year:
23.34 	(1) for nonprofit corporations and school districts, $150 per 1,000,000 gallons; and
23.35 	(2) for all other users, $300 per 1,000,000 gallons.
24.1 	(c) The fee is payable based on the amount of water appropriated during the year 
24.2 	and, except as provided in paragraph (f), the minimum fee is $100.
24.3 	(d) For water use processing fees other than once-through cooling systems:
24.4 	(1) the fee for a city of the first class may not exceed $250,000 per year;
24.5 	(2) the fee for other entities for any permitted use may not exceed:
24.6 	(i) $50,000 per year for an entity holding three or fewer permits;
24.7 	(ii) $75,000 per year for an entity holding four or five permits;
24.8 	(iii) $250,000 per year for an entity holding more than five permits;
24.9 	(3) the fee for agricultural irrigation may not exceed $750 per year;
24.10 	(4) the fee for a municipality that furnishes electric service and cogenerates steam 
24.11 	for home heating may not exceed $10,000 for its permit for water use related to the 
24.12 	cogeneration of electricity and steam; and
24.13 	(5) no fee is required for a project involving the appropriation of surface water to 
24.14 	prevent flood damage or to remove flood waters during a period of flooding, as determined 
24.15 	by the commissioner.
24.16 	(e) Failure to pay the fee is sufficient cause for revoking a permit. A penalty of two 
24.17 	percent per month calculated from the original due date must be imposed on the unpaid 
24.18 	balance of fees remaining 30 days after the sending of a second notice of fees due. A fee 
24.19 	may not be imposed on an agency, as defined in section 16B.01, subdivision 2, or federal 
24.20 	governmental agency holding a water appropriation permit.
24.21 	(f) The minimum water use processing fee for a permit issued for irrigation of 
24.22 	agricultural land is $20 for years in which:
24.23 	(1) there is no appropriation of water under the permit; or
24.24 	(2) the permit is suspended for more than seven consecutive days between May 1 
24.25 	and October 1.
24.26 	(g) A surcharge of $20 per million gallons in addition to the fee prescribed in 
24.27 	paragraph (a) shall be applied to the volume of water used in each of the months of June, 
24.28 	July, and August that exceeds the volume of water used in January for municipal water 
24.29 	use, irrigation of golf courses, and landscape irrigation. The surcharge for municipalities 
24.30 	with more than one permit shall be determined based on the total appropriations from all 
24.31 	permits that supply a common distribution system.

24.32 	Sec. 22. Minnesota Statutes 2004, section 103G.611, is amended by adding a 
24.33 	subdivision to read:
24.34 		Subd. 7.Public waters without access. A person who receives a permit to operate 
24.35 	an aeration system on a public water without a public access and who owns all of the 
25.1 	riparian land or all of the possessory rights to the riparian land around that water is not 
25.2 	subject to the provisions of subdivisions 2, paragraph (b), and 3.

25.3 	Sec. 23. AGREEMENT; WABASHA COUNTY REGIONAL RAIL 
25.4 	AUTHORITY.
 25.5 	The commissioner of natural resources shall enter an agreement with the Wabasha 
25.6 	County Regional Rail Authority to maintain and develop the Great River Ridge Trail 
25.7 	as a state trail.

25.8 	Sec. 24.  REPEALER.
 25.9 	Minnesota Statutes 2004, section 103G.611, subdivision 6, is repealed.

25.10 	Sec. 25. EFFECTIVE DATE.
 25.11 	Sections 16 and 23 are effective the day after the governing body of the Wabasha 
25.12 	County Regional Rail Authority and its chief clerical officer timely complete their 
25.13 	compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3."