1.1A bill for an act1.2relating to natural resources; appropriating money for environment and natural 1.3resources; modifying disposition of certain revenue; authorizing certain sales; 1.4modifying and creating certain accounts; modifying and establishing certain fees 1.5and surcharges; establishing an off-highway vehicle safety and conservation 1.6program; defining certain terms; providing for venison donation; providing for 1.7prairie establishment guidance; creating the Cuyuna Country State Recreation 1.8Area Citizens Advisory Council; exempting certain exchanged land from the 1.9tax-forfeited land assurance fee; authorizing certain leases of tax-forfeited 1.10lands; modifying definition of public official; modifying agency service 1.11requirements; creating a grant program; designating a state wildlife management 1.12area; improving oversight of local government water management; modifying 1.13authority of watershed district board of managers and soil and water conservation 1.14board of supervisors; modifying provisions for wetland conservation; modifying 1.15requirements for ditch buffers; modifying provisions for individual sewage 1.16treatment systems; providing for civil enforcement; modifying provisions for 1.17regulating genetically engineered organisms; establishing requirements for 1.18acquisition of easements; modifying access to certain wetlands; modifying 1.19percentage of gasoline use attributable to all-terrain vehicles; modifying trail 1.20designation requirements; eliminating sunset of sustainable forest resources 1.21provisions; authorizing rulemaking; requiring reports and studies; amending 1.22Minnesota Statutes 2006, sections 10A.01, subdivision 35; 15.99, subdivision 3; 1.2316A.531, subdivision 1a; 84.025, subdivision 9; 84.026, subdivision 1; 84.0272, 1.24by adding a subdivision; 84.0855, subdivisions 1, 2; 84.780; 84.927, subdivision 1.252; 84.963; 84D.13, subdivision 7; 85.054, by adding a subdivision; 86B.706, 1.26subdivision 2; 89.22, subdivision 2; 93.22, subdivision 1; 97A.055, subdivision 1.274; 97A.065, by adding a subdivision; 97A.133, by adding a subdivision; 1.2897A.475, subdivision 7, by adding a subdivision; 97A.485, subdivision 7; 1.2997C.081, subdivision 3; 103B.101, by adding a subdivision; 103C.321, by adding 1.30a subdivision; 103D.325, by adding a subdivision; 103E.021, subdivisions 1, 2, 1.313, by adding a subdivision; 103E.315, subdivision 8; 103E.321, subdivision 1; 1.32103E.701, by adding a subdivision; 103E.705, subdivisions 1, 2, 3; 103E.728, 1.33subdivision 2; 103G.222, subdivisions 1, 3; 103G.2241, subdivisions 1, 2, 3, 1.346, 9, 11; 103G.2242, subdivisions 2, 2a, 9, 12, 15; 103G.2243, subdivision 2; 1.35103G.235; 103G.301, subdivision 2; 115.55, subdivisions 1, 2, 3, by adding a 1.36subdivision; 116C.92; 116C.94, subdivision 1; 116C.97, subdivision 2; 296A.18, 1.37subdivision 4; Laws 2003, chapter 128, article 1, section 169; Laws 2006, chapter 1.38236, article 1, section 21; proposing coding for new law in Minnesota Statutes, 2.1chapters 17; 84; 84D; 85; 89; 97B; 103B; 103E; repealing Minnesota Statutes 2.22006, sections 89A.11; 103G.2241, subdivision 8.2.3BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:2.4ARTICLE 12.5ENVIRONMENT AND NATURAL RESOURCES2.6APPROPRIATIONS

2.7Section 1. ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.

2.8    The sums shown in the columns marked "Appropriations" are appropriated to the 2.9agencies and for the purposes specified in this article. The appropriations are from the 2.10general fund, or another named fund, and are available for the fiscal years indicated 2.11for each purpose. The figures "2008" and "2009" used in this article mean that the 2.12appropriations listed under them are available for the fiscal year ending June 30, 2008, or 2.13June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal 2.14year 2009. "The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal 2.15year ending June 30, 2007, are effective the day following final enactment.

2.16APPROPRIATIONS2.17Available for the Year2.18Ending June 302.1920082009

2.20Sec. 2. POLLUTION CONTROL AGENCY

2.21Subdivision 1.Total Appropriation$100,271,000$99,989,000

2.22Appropriations by Fund2.23200820092.24General27,232,00027,233,0002.252.26State Government Special Revenue48,00048,0002.27Environmental61,425,00061,622,0002.28Remediation11,566,00011,086,000

2.29The amounts that may be spent for each 2.30purpose are specified in the following 2.31subdivisions.

2.32Subd. 2.Water42,928,00042,248,000

2.33Appropriations by Fund2.34General23,326,00023,266,0002.352.36State Government Special Revenue48,00048,0003.1Remediation550,000-0-3.2Environmental19,004,00018,934,000

3.3$2,348,000 the first year and $2,348,000 3.4the second year are for the clean water 3.5partnership program. Any balance remaining 3.6in the first year does not cancel and 3.7is available for the second year. This 3.8appropriation may be used for grants to 3.9local units of government for the purpose 3.10of restoring impaired waters listed under 3.11section 303(d) of the federal Clean Water 3.12Act in accordance with adopted total 3.13maximum daily loads (TMDL's), including 3.14implementation of approved clean water 3.15partnership diagnostic study work plans that 3.16will assist in restoration of such impaired 3.17waters.3.18$2,324,000 the first year and $2,324,000 3.19the second year are for grants to delegated 3.20counties to administer the county feedlot 3.21program. The commissioner, in consultation 3.22with the Minnesota Association of County 3.23Feedlot Officers executive team, may use up 3.24to five percent of the annual appropriation 3.25for initiatives to enhance existing delegated 3.26county feedlot programs, information and 3.27education, or technical assistance to reduce 3.28feedlot-related pollution hazards. Any 3.29unexpended balance in the first year does not 3.30cancel but is available in the second year.3.31$335,000 the first year and $335,000 the 3.32second year are for community technical 3.33assistance and education, including grants 3.34and technical assistance to communities for 3.35local and basinwide water quality protection.4.1$405,000 the first year and $405,000 the 4.2second year are for individual sewage 4.3treatment system (ISTS) administration and 4.4grants. Of this amount, $86,000 each year 4.5is for assistance to counties through grants 4.6for ISTS program administration. Any 4.7unexpended balance in the first year does not 4.8cancel but is available in the second year.4.9$480,000 the first year and $480,000 the 4.10second year are from the environmental 4.11fund to address the need for continued 4.12increased activity in the areas of new 4.13technology review, technical assistance 4.14for local governments, and enforcement 4.15under Minnesota Statutes, sections 115.55 4.16to 115.58, and to complete the requirements 4.17of Laws 2003, chapter 128, article 1, section 4.18165. Of this amount, $48,000 each year is for 4.19administration of individual septic tank fees.4.20$375,000 the first year and $375,000 the 4.21second year are to monitor and analyze 4.22endocrine disruptors in surface waters in at 4.23least 20 additional sites. The data must be 4.24placed on the agency's Web site.4.25$15,317,000 the first year and $15,317,000 4.26the second year are to implement the 4.27requirements of Minnesota Statutes, chapter 4.28114D. Of this amount, $6,317,000 each 4.29year is for completion of ten percent of the 4.30needed statewide assessments of surface 4.31water quality and trends and $9,000,000 4.32each year is to develop TMDL's and TMDL 4.33implementation plans for waters listed on 4.34the United States Environmental Protection 4.35Agency approved impaired waters list. The 5.1agency shall complete an average of ten 5.2percent of the TMDL's each year over the 5.3next ten years.5.4$690,000 the first year and $690,000 the 5.5second year are from the environmental fund 5.6to provide regulatory services to the ethanol, 5.7mining, and other developing economic 5.8sectors.5.9$88,000 the first year is for the endocrine 5.10disruptors report required to be completed 5.11under article 2.5.12$550,000 is appropriated in fiscal year 5.132008 from the remediation fund to the 5.14commissioner of the Pollution Control 5.15Agency for transfer to the commissioner 5.16of health to conduct an evaluation of point 5.17of use water treatment units at removing 5.18perfluorooctanoic acid, perfluorooctane 5.19sulfonate, and perfluorobutanoic acid from 5.20known concentrations of these compounds 5.21in drinking water. The evaluation shall be 5.22completed by December 31, 2007, and the 5.23commissioner of health may contract for 5.24services to complete the evaluation.5.25By January 15, 2008, the commissioner shall 5.26amend agency rules and, where legislative 5.27action is necessary, provide recommendations 5.28to the house of representatives and senate 5.29divisions on environmental finance on 5.30water and air fee changes that will result in 5.31revenue to the environmental fund to pay for 5.32regulatory services to the ethanol, mining, 5.33and other developing economic sectors.5.34Notwithstanding Minnesota Statutes, section 5.3516A.28, the appropriations encumbered 6.1under contract on or before June 30, 2009, 6.2for clean water partnership, individual 6.3sewage treatment systems (ISTS), Minnesota 6.4River, total maximum daily loads (TMDL's), 6.5stormwater contracts or grants, and local and 6.6basinwide water quality protection contracts 6.7or grants in this subdivision are available 6.8until June 30, 2011.

6.9Subd. 3.Air10,623,00010,890,000

6.10Appropriations by Fund6.11Environmental10,623,00010,890,000

6.12Up to $150,000 the first year and $150,000 6.13the second year may be transferred from the 6.14environmental fund to the small business 6.15environmental improvement loan account 6.16established in Minnesota Statutes, section 6.17116.993.6.18$200,000 the first year and $200,000 the 6.19second year are from the environmental fund 6.20for a monitoring program under Minnesota 6.21Statutes, section 116.454.6.22$125,000 the first year and $125,000 the 6.23second year are from the environmental fund 6.24for monitoring ambient air for hazardous 6.25pollutants in the metropolitan area.6.26$760,000 the first year and $76,000 the 6.27second year are from the environmental fund 6.28to provide regulatory services to the ethanol, 6.29mining, and other developing economic 6.30sectors.

6.31Subd. 4.Land18,081,00018,151,000

6.32Appropriations by Fund6.33Environmental7,065,0007,065,0006.34Remediation11,016,00011,086,000

7.1All money for environmental response, 7.2compensation, and compliance in the 7.3remediation fund not otherwise appropriated 7.4is appropriated to the commissioners of the 7.5Pollution Control Agency and agriculture 7.6for purposes of Minnesota Statutes, section 7.7115B.20, subdivision 2, clauses (1), (2), 7.8(3), (6), and (7). At the beginning of each 7.9fiscal year, the two commissioners shall 7.10jointly submit an annual spending plan 7.11to the commissioner of finance and the 7.12house and senate chairs of environment and 7.13natural resources finance that maximizes the 7.14utilization of resources and appropriately 7.15allocates the money between the two 7.16departments. This appropriation is available 7.17until June 30, 2009.7.18$3,616,000 the first year and $3,616,000 7.19the second year are transferred from the 7.20petroleum tank fund to the remediation fund 7.21for appropriation to the commissioner for 7.22purposes of the leaking underground storage 7.23tank program to protect the land.7.24$252,000 the first year and $252,000 the 7.25second year are from the remediation fund to 7.26be transferred to the Department of Health 7.27for health assessments, drinking water 7.28advisories, and public information activities 7.29for areas contaminated by hazardous releases.

7.30Subd. 5.Multimedia4,879,0004,911,000

7.31Appropriations by Fund7.32General2,288,0002,320,0007.33Environmental2,591,0002,591,000

7.34$550,000 the first year and $550,000 the 7.35second year are from the environmental fund 8.1to provide regulatory services to the ethanol, 8.2mining, and other developing economic 8.3sectors.8.4Notwithstanding Minnesota Statutes, section 8.516A.28, the appropriations encumbered 8.6under contract on or before June 30, 2009, for 8.7total maximum daily load (TMDL) contracts 8.8or grants are available until June 30, 2011.

8.9Subd. 6.Environmental Assistance22,142,00022,142,000

8.10$14,000,000 each year is from the 8.11environmental fund for SCORE block grants 8.12to counties.8.13Any unencumbered grant and loan balances 8.14in the first year do not cancel but are available 8.15for grants and loans in the second year.8.16All money deposited in the environmental 8.17fund for the metropolitan solid waste landfill 8.18fee under Minnesota Statutes, section 8.19473.843, and not otherwise appropriated, is 8.20appropriated to the agency for the purposes 8.21of Minnesota Statutes, section 473.844.8.22$119,000 the first year and $119,000 the 8.23second year are from the environmental 8.24fund for environmental assistance grants 8.25or loans under Minnesota Statutes, section 8.26115A.0716.8.27$1,200,000 the first year and $1,200,000 the 8.28second year are from the environmental fund 8.29to retrofit school buses statewide, including 8.30buses for preschool children, and for loans to 8.31small trucking firms to install equipment to 8.32reduce fuel consumption. This is a onetime 8.33appropriation.9.1Notwithstanding Minnesota Statutes, section 9.216A.28, the appropriations encumbered 9.3under contract on or before June 30, 9.42009, for environmental assistance grants 9.5awarded under Minnesota Statutes, section 9.6115A.0716, and for technical and research 9.7assistance under Minnesota Statutes, 9.8section 115A.152, technical assistance 9.9under Minnesota Statutes, section 115A.52, 9.10and pollution prevention assistance under 9.11Minnesota Statutes, section 115D.04, are 9.12available until June 30, 2011.

9.13Subd. 7.Administrative Support1,618,0001,647,000

9.14The commissioner may transfer money from 9.15the environmental fund to the remediation 9.16fund as necessary for the purposes of the 9.17remediation fund under Minnesota Statutes, 9.18section 116.155, subdivision 2.

9.19Sec. 3. NATURAL RESOURCES

9.20Subdivision 1.Total Appropriation$245,211,000$250,370,000

9.21Appropriations by Fund9.22200820099.23General80,587,00082,778,0009.24Natural Resources74,251,00075,260,0009.25Game and Fish90,073,00092,032,0009.26Remediation100,000100,0009.27Permanent School200,000200,000

9.28The amounts that may be spent for each 9.29purpose are specified in the following 9.30subdivisions.

9.319.32Subd. 2.Land and Mineral Resources Management11,461,00011,448,000

9.33Appropriations by Fund9.34General6,347,0006,406,0009.35Natural Resources3,551,0003,447,00010.1Game and Fish1,363,0001,395,00010.2Permanent School200,000200,000

10.3$475,000 the first year and $475,000 the 10.4second year are for iron ore cooperative 10.5research. Of this amount, $200,000 each year 10.6is from the minerals management account in 10.7the natural resources fund and $275,000 each 10.8year is from the general fund. $237,500 the 10.9first year and $237,500 the second year are 10.10available only as matched by $1 of nonstate 10.11money for each $1 of state money. The 10.12match may be cash or in-kind.10.13$86,000 the first year and $86,000 the 10.14second year are for minerals cooperative 10.15environmental research, of which $43,000 10.16the first year and $43,000 the second year are 10.17available only as matched by $1 of nonstate 10.18money for each $1 of state money. The 10.19match may be cash or in-kind.10.20$2,800,000 the first year and $2,696,000 10.21the second year are from the minerals 10.22management account in the natural resources 10.23fund for use as provided in Minnesota 10.24Statutes, section 93.2236, paragraph (c).10.25$200,000 the first year and $200,000 the 10.26second year are from the state forest suspense 10.27account in the permanent school fund to 10.28accelerate land exchanges, land sales, and 10.29commercial leasing of school trust lands and 10.30to identify, evaluate, and lease construction 10.31aggregate located on school trust lands. This 10.32appropriation is to be used for securing 10.33maximum long-term economic return 10.34from the school trust lands consistent with 10.35fiduciary responsibilities and sound natural 11.1resources conservation and management 11.2principles.11.3$15,000 the first year is for a report 11.4by February 1, 2008, to the house and 11.5senate committees with jurisdiction over 11.6environment and natural resources on 11.7proposed minimum legal and conservation 11.8standards that could be applied to 11.9conservation easements acquired with public 11.10money.11.11$701,000 the first year and $701,000 the 11.12second year are to support the land records 11.13management system. Of this amount, 11.14$326,000 the first year and $326,000 the 11.15second year are from the game and fish fund 11.16and $375,000 the first year and $375,000 the 11.17second year are from the natural resources 11.18fund.

11.19Subd. 3.Water Resources Management12,931,00013,116,000

11.20Appropriations by Fund11.21General12,651,00012,836,00011.22Natural Resources280,000280,000

11.23$310,000 the first year and $310,000 the 11.24second year are for grants for up to 50 11.25percent of the cost of implementing the Red 11.26River mediation agreement.11.27$65,000 the first year and $65,000 the 11.28second year are for a grant to the Mississippi 11.29Headwaters Board for up to 50 percent of 11.30the cost of implementing the comprehensive 11.31plan for the upper Mississippi within areas 11.32under the board's jurisdiction.11.33$5,000 the first year and $5,000 the second 11.34year are for payment to the Leech Lake Band 11.35of Chippewa Indians to implement the band's 12.1portion of the comprehensive plan for the 12.2upper Mississippi.12.3$200,000 the first year and $200,000 the 12.4second year are for the construction of ring 12.5dikes under Minnesota Statutes, section 12.6103F.161. The ring dikes may be publicly 12.7or privately owned. Any unencumbered 12.8balance does not cancel at the end of the 12.9first year and is available for the second 12.10year. If the appropriation in the first year is 12.11insufficient, the appropriation for the second 12.12year is available in the first year.12.13$1,280,000 the first year and $1,280,000 the 12.14second year are to support the identification 12.15of impaired waters and develop plans to 12.16address those impairments, as required by 12.17the federal Clean Water Act.

12.18Subd. 4.Forest Management41,148,00041,930,000

12.19Appropriations by Fund12.20General22,858,00023,273,00012.21Natural Resources18,033,00018,393,00012.22Game and Fish257,000264,000

12.23$7,217,000 the first year and $7,217,000 12.24the second year are for prevention, 12.25presuppression, and suppression costs of 12.26emergency firefighting and other costs 12.27incurred under Minnesota Statutes, section 12.2888.12. If the appropriation for either 12.29year is insufficient to cover all costs of 12.30presuppression and suppression, the amount 12.31necessary to pay for these costs during the 12.32biennium is appropriated from the general 12.33fund.12.34By November 15 of each year, the 12.35commissioner of natural resources shall 13.1submit a report to the chairs of the house 13.2and senate committees and divisions having 13.3jurisdiction over environment and natural 13.4resources finance, identifying all firefighting 13.5costs incurred and reimbursements received 13.6in the prior fiscal year. These appropriations 13.7may not be transferred. Any reimbursement 13.8of firefighting expenditures made to the 13.9commissioner from any source other than 13.10federal mobilizations shall be deposited into 13.11the general fund.13.12$18,033,000 the first year and $18,393,000 13.13the second year are from the forest 13.14management investment account in the 13.15natural resources fund for only the purposes 13.16specified in Minnesota Statutes, section 13.1789.039, subdivision 2.13.18$780,000 the first year and $780,000 the 13.19second year are for the Forest Resources 13.20Council for implementation of the 13.21Sustainable Forest Resources Act.13.22$350,000 the first year and $350,000 the 13.23second year are for the FORIST timber 13.24management information system, other 13.25information systems, and for increased 13.26forestry management.13.27$257,000 the first year and $264,000 the 13.28second year are from the game and fish 13.29fund to implement ecological classification 13.30systems (ECS) standards on forested 13.31landscapes. This appropriation is from 13.32revenue deposited in the game and fish fund 13.33under Minnesota Statutes, section 297A.94, 13.34paragraph (e), clause (1).14.1$55,000 the first year and $55,000 the 14.2second year are to develop and implement 14.3a statewide information and education 14.4campaign regarding the proposed statewide 14.5ban on the transport, storage, or use of 14.6nonapproved firewood on state administered 14.7land.14.8$75,000 the first year is to the Forest 14.9Resources Council for a task force on forest 14.10protection and $75,000 the second year is 14.11appropriated for grants to cities, counties, 14.12townships, special recreation areas, and park 14.13and recreation boards in cities of the first 14.14class for the identification, removal, disposal, 14.15and replacement of dead or dying shade trees 14.16lost to forest pests or disease. For purposes 14.17of this section, "shade tree" means a woody 14.18perennial grown primarily for aesthetic or 14.19environmental purposes with minimal to 14.20residual timber value. The commissioner 14.21shall consult with municipalities; park and 14.22recreation boards in cities of the first class; 14.23nonprofit organizations; and other interested 14.24parties in developing eligibility criteria.14.25$50,000 the first year and $100,000 the 14.26second year are from the natural resources 14.27fund for forest road maintenance in support 14.28of all-terrain vehicle trails.

14.29Subd. 5.Parks and Recreation Management35,141,00035,959,000

14.30Appropriations by Fund14.31General20,560,00020,923,00014.32Natural Resources14,581,00015,036,000

14.33$640,000 the first year and $640,000 the 14.34second year are from the water recreation 15.1account in the natural resources fund for state 15.2park water access projects.15.3$3,996,000 the first year and $3,996,000 the 15.4second year are from the natural resources 15.5fund for state park and recreation area 15.6operations. This appropriation is from the 15.7revenue deposited in the natural resources 15.8fund under Minnesota Statutes, section 15.9297A.94, paragraph (e), clause (2).15.10$5,000 each year is for payment of expenses 15.11of the Cuyuna Country State Recreation Area 15.12Citizens Advisory Council.

15.13Subd. 6.Trails and Waterways Management29,442,00029,647,000

15.14Appropriations by Fund15.15General2,528,0002,548,00015.16Natural Resources24,795,00024,905,00015.17Game and Fish2,119,0002,194,000

15.18$7,924,000 the first year and $7,924,000 15.19the second year are from the snowmobile 15.20trails and enforcement account in the natural 15.21resources fund for snowmobile grants-in-aid. 15.22The additional money under this paragraph 15.23may be used for new grant-in-aid trails. Any 15.24unencumbered balance does not cancel at the 15.25end of the first year and is available for the 15.26second year.15.27$1,140,000 the first year and $1,132,000 the 15.28second year are from the natural resources 15.29fund for off-highway vehicle grants-in-aid. 15.30Of this amount, $790,000 the first year 15.31and $882,000 the second year are from the 15.32all-terrain vehicle account; $150,000 each 15.33year is from the off-highway motorcycle 15.34account; and $200,000 the first year and 15.35$100,000 the second year are from the 16.1off-road vehicle account. Any unencumbered 16.2balance does not cancel at the end of the first 16.3year and is available for the second year.16.4$261,000 the first year and $261,000 the 16.5second year are from the water recreation 16.6account in the natural resources fund for a 16.7safe harbor program on Lake Superior.16.8$742,000 the first year and $760,000 16.9the second year are from the natural 16.10resources fund for state trail operations 16.11and maintenance. The money may be used 16.12for trail maintenance, signage, mapping, 16.13interpretation, native prairie restoration 16.14using best management practices, and 16.15maintenance of nonmotorized forest trails. 16.16This appropriation is from the revenue 16.17deposited in the natural resources fund 16.18under Minnesota Statutes, section 297A.94, 16.19paragraph (e), clause (2).16.20$32,000 the first year and $107,000 the 16.21second year are from the game and fish 16.22fund for expenditures on water access sites 16.23according to the requirements of the federal 16.24sport and fish restoration program.

16.25Subd. 7.Fish and Wildlife Management67,072,00068,394,000

16.26Appropriations by Fund16.27General3,255,0003,255,00016.28Natural Resources1,876,0001,876,00016.29Game and Fish61,941,00063,263,000

16.30$410,000 the first year and $418,000 the 16.31second year are for resource population 16.32surveys in the 1837 treaty area. Of this 16.33amount, $274,000 the first year and $288,000 16.34the second year are from the game and fish 16.35fund.17.1$8,061,000 the first year and $8,167,000 17.2the second year are from the heritage 17.3enhancement account in the game and 17.4fish fund for only the purposes specified 17.5in Minnesota Statutes, section 297A.94, 17.6paragraph (e), clause (1). Of this amount, 17.7$1,175,000 the first year and $1,175,000 the 17.8second year are for preserving, restoring, and 17.9enhancing grassland/wetland complexes on 17.10public lands.17.11Notwithstanding Minnesota Statutes, section 17.1284.943, $13,000 the first year and $13,000 17.13the second year from the critical habitat 17.14private sector matching account may be used 17.15to publicize the critical habitat license plate 17.16match program.17.17$8,000 the first year and $8,000 the second 17.18year are appropriated from the game and 17.19fish fund for transfer to the wild turkey 17.20management account for purposes specified 17.21in Minnesota Statutes, section 97A.075, 17.22subdivision 5.17.23$108,000 the first year and $108,000 the 17.24second year are from the game and fish 17.25fund for costs associated with administering 17.26fishing contest permits.17.27$182,000 the first year and $132,000 the 17.28second year are to accelerate wildlife health 17.29programs and to prevent the spread of 17.30disease from livestock and poultry to the 17.31wildlife population. $50,000 in the first 17.32year is for fencing cattle-feeding areas in 17.33bovine tuberculosis control zones, under the 17.34emergency deterrent materials assistance 17.35program in Minnesota Statutes, section 18.197A.028, subdivision 3. This appropriation 18.2is available until June 30, 2009. $66,000 of 18.3this amount is permanent.18.4$575,000 the first year and $575,000 the 18.5second year are for preserving, restoring, and 18.6enhancing grassland/wetland complexes on 18.7public lands.18.8$150,000 the first year and $150,000 the 18.9second year are from the game and fish fund 18.10to expand the roadsides for wildlife program.18.11$175,000 the first year and $175,000 the 18.12second year are appropriated from the game 18.13and fish fund to the commissioner of natural 18.14resources for grants to Let's Go Fishing 18.15of Minnesota to promote opportunities for 18.16fishing. The grants must be matched with 18.17cash or in-kind contributions from nonstate 18.18sources. This is a onetime appropriation.

18.19Subd. 8.Ecological Services14,201,00015,404,000

18.20Appropriations by Fund18.21General6,831,0007,934,00018.22Natural Resources3,488,0003,519,00018.23Game and Fish3,882,0003,951,000

18.24$1,192,000 the first year and $1,223,000 the 18.25second year are from the nongame wildlife 18.26management account in the natural resources 18.27fund for the purpose of nongame wildlife 18.28management. Notwithstanding Minnesota 18.29Statutes, section 290.431, $100,000 the first 18.30year and $100,000 the second year may be 18.31used for nongame information, education, 18.32and promotion.18.33$1,612,000 the first year and $1,636,000 18.34the second year are from the heritage 18.35enhancement account in the game and 19.1fish fund for only the purposes specified 19.2in Minnesota Statutes, section 297A.94, 19.3paragraph (e), clause (1), on public lands.19.4$2,765,000 in the first year and $3,985,000 19.5in the second year, of which $1,795,000 the 19.6first year and $1,795,000 the second year 19.7are from the invasive species account in the 19.8natural resources fund for law enforcement 19.9and water access inspection to prevent the 19.10spread of invasive species, grants to manage 19.11invasive plants in public waters, technical 19.12assistance to grant applicants for improving 19.13lake quality, and management of terrestrial 19.14invasive species on state-administered lands. 19.15Priority shall be given to preventing the 19.16spread of aquatic invertebrates. An applicant 19.17for a grant to manage invasive plants in 19.18public waters must have a workable plan for 19.19improving water quality and reducing the 19.20need for additional treatment. Grants may 19.21not be made for chemicals that are likely 19.22endocrine disruptors. A plan to prevent the 19.23introduction of asian carp into Minnesota 19.24waters must be made available to the public 19.25by November 1, 2007.19.26$125,000 the first year is to support 19.27a technical committee and for land 19.28management units that manage grass lands 19.29in order to develop plans to optimize native 19.30prairie seed harvest and replanting on 19.31state-owned lands. The work must use best 19.32management practices with an outcome of 19.33ensuring the survival of the native prairie 19.34remaining in Minnesota and to estimate the 19.35value of the seeds. Maximizing seed harvest 19.36may include allowing seed producers to keep 20.1a portion of the seed as compensation for 20.2supplying equipment and labor.20.3The Department of Natural Resources 20.4in cooperation with the Department of 20.5Agriculture and the Board of Water and 20.6Soil Resources shall establish a technical 20.7advisory committee which has the expertise 20.8to develop (1) criteria to identify public and 20.9private marginal lands which could be used 20.10to produce native prairie seeds of a local 20.11ecotype or restore native prairies that could 20.12be used to produce clean energy and (2) 20.13guidelines for production that ensure high 20.14carbon sequestration, protection of wildlife 20.15and waters, and minimization of inputs and 20.16that do not compromise the survival of the 20.17native prairie remaining in Minnesota. In 20.18addition to agency members, the advisory 20.19committee shall have one member from 20.20each of two farm organizations, one member 20.21from a sustainable farmer organization, one 20.22member each from three rural economic 20.23development organizations, one member 20.24each from three environmental organizations, 20.25and one member each from three wildlife 20.26or conservation organizations. A report on 20.27outcomes from the technical committee is 20.28due December 15, 2007, to the legislative 20.29finance chairs on environment and natural 20.30resources.20.31$50,000 in the first year is for the 20.32commissioner, in consultation with the 20.33Environmental Quality Board, to report to 20.34the house and senate committees having 20.35jurisdiction over environmental policy 20.36and finance by February 1, 2008, on the 21.1Mississippi River critical area program. The 21.2report shall include the status of critical 21.3area plans, zoning ordinances, the number 21.4and types of revisions anticipated, and the 21.5nature and number of variances sought. The 21.6report shall include recommendations that 21.7adequately protect and manage the aesthetic 21.8integrity and natural environment of the river 21.9corridor.21.10$1,500,000 the first year and $1,500,000 the 21.11second year are to support the identification 21.12of impaired waters and develop plans to 21.13address those impairments, as required by 21.14the federal Clean Water Act.

21.15Subd. 9.Enforcement30,021,00030,697,000

21.16Appropriations by Fund21.17General3,336,0003,392,00021.18Natural Resources7,163,0007,320,00021.19Game and Fish19,422,00019,885,00021.20Remediation100,000100,000

21.21$100,000 each year is for a conservation 21.22officer position to be stationed at Mississippi 21.23Headwaters State Forest to work with local 21.24jurisdictions, including Native American 21.25reservations, in enforcing state law along 21.26the Mississippi River from Lake Itasca 21.27downstream to Lake Bemidji and in the 21.28Bemidji region.21.29$1,082,000 the first year and $1,082,000 the 21.30second year are from the water recreation 21.31account in the natural resources fund for 21.32grants to counties for boat and water safety.21.33$100,000 the first year and $100,000 the 21.34second year are from the remediation fund 22.1for solid waste enforcement activities under 22.2Minnesota Statutes, section 116.073.22.3$315,000 the first year and $315,000 the 22.4second year are from the snowmobile 22.5trails and enforcement account in the 22.6natural resources fund for grants to local 22.7law enforcement agencies for snowmobile 22.8enforcement activities.22.9$1,164,000 the first year and $1,164,000 22.10the second year are from the heritage 22.11enhancement account in the game and 22.12fish fund for only the purposes specified 22.13in Minnesota Statutes, section 297A.94, 22.14paragraph (e), clause (1).22.15$225,000 the first year and $225,000 22.16the second year are from the natural 22.17resources fund for grants to county law 22.18enforcement agencies for off-highway 22.19vehicle enforcement and public education 22.20activities based on off-highway vehicle use 22.21in the county. Of this amount, $213,000 each 22.22year is from the all-terrain vehicle account, 22.23$11,000 each year is from the off-highway 22.24motorcycle account, and $1,000 each year 22.25is from the off-road vehicle account. The 22.26county enforcement agencies may use 22.27money received under this appropriation 22.28to make grants to other local enforcement 22.29agencies within the county that have a high 22.30concentration of off-highway vehicle use. Of 22.31this appropriation, $25,000 each year is for 22.32administration of these grants.22.33$15,000 the first year and $5,000 the second 22.34year are from the off-road vehicle account 22.35in the natural resources fund to establish 23.1the off-road vehicle environment and safety 23.2education and training program under 23.3Minnesota Statutes, section 84.8015.23.4$50,000 the first year and $225,000 the 23.5second year are from the natural resources 23.6fund for grants to qualifying off-highway 23.7vehicle organizations to assist in safety and 23.8environmental education and monitoring 23.9trails on public lands. Of this appropriation, 23.10$25,000 each year is for administration of 23.11these grants.23.12Overtime must be distributed to conservation 23.13officers at historical levels; however, a 23.14reasonable reduction or addition may be 23.15made to the officer's allocation, if justified, 23.16based on an individual officer's workload. If 23.17funding for enforcement is reduced because 23.18of an unallotment, the overtime bank may be 23.19reduced in proportion to reductions made in 23.20other areas of the budget.

23.21Subd. 10.Operations Support3,794,0003,775,000

23.22Appropriations by Fund23.23General2,221,0002,211,00023.24Natural Resources484,000484,00023.25Game and Fish1,089,0001,080,000

23.26$38,000 is from the game and fish fund for 23.27the study on the natural stands of wild rice 23.28required in article 2.23.29$270,000 the first year and $270,000 the 23.30second year are from the natural resources 23.31fund for grants to be divided equally between 23.32the city of St. Paul for the Como Zoo 23.33and Conservatory and the city of Duluth 23.34for the Duluth Zoo. This appropriation 23.35is from the revenue deposited to the fund 24.1under Minnesota Statutes, section 297A.94, 24.2paragraph (e), clause (5).24.3$55,000 in the first year and $7,000 in the 24.4second year are to be transferred to the 24.5Environmental Quality Board to fulfill the 24.6requirement of Minnesota Statutes, sections 24.7116C.92 and 116C.94.

24.824.9Sec. 4. BOARD OF WATER AND SOIL RESOURCES$22,369,000$22,728,000

24.10$4,102,000 the first year and $4,102,000 the 24.11second year are for natural resources block 24.12grants to local governments. The board may 24.13reduce the amount of the natural resources 24.14block grant to a county by an amount equal to 24.15any reduction in the county's general services 24.16allocation to a soil and water conservation 24.17district from the county's previous year 24.18allocation when the board determines that 24.19the reduction was disproportionate. Grants 24.20must be matched with a combination of local 24.21cash or in-kind contributions. The base grant 24.22portion related to water planning must be 24.23matched by an amount that would be raised 24.24by a levy under Minnesota Statutes, section 24.25103B.3369.24.26$3,566,000 the first year and $3,566,000 24.27the second year are for grants requested 24.28by soil and water conservation districts for 24.29general purposes, nonpoint engineering, 24.30and implementation of the reinvest in 24.31Minnesota conservation reserve program. 24.32Upon approval of the board, expenditures 24.33may be made from these appropriations for 24.34supplies and services benefiting soil and 24.35water conservation districts. Any district 25.1requesting a grant under this paragraph 25.2shall create and maintain a Web page that 25.3publishes, at a minimum, its annual plan, 25.4annual report, annual audit, and annual 25.5budget, including membership dues and 25.6meeting notices and minutes.25.7$3,250,000 the first year and $3,250,000 25.8the second year are for grants to soil and 25.9water conservation districts for cost-sharing 25.10contracts for erosion control and water 25.11quality management. Of this amount, at least 25.12$1,200,000 the first year and $1,200,000 the 25.13second year are for grants for cost-sharing 25.14contracts to establish and maintain vegetation 25.15buffers of restored native prairie and restored 25.16prairie using seeds of a local ecotype region. 25.17$300,000 the first year and $300,000 the 25.18second year are available to begin county 25.19cooperative weed management programs 25.20on natural lands and private lands enrolled 25.21in state and federal conservation programs 25.22and to restore native plants in selected 25.23invasive species management sites by 25.24providing local native seeds and plants 25.25to landowners for implementation. This 25.26appropriation is available until expended. If 25.27the appropriation in either year is insufficient, 25.28the appropriation in the other year is available 25.29for it. Notwithstanding Minnesota Statutes, 25.30section 103C.501, any balance in the board's 25.31cost-share program that remains from the 25.32fiscal year 2007 appropriation is available 25.33in an amount up to $2,000 for a grant to 25.34the Faribault Soil and Water Conservation 25.35District to pay for erosion repair on the Blue 25.36Earth River.26.1The board shall develop a forestry practice 26.2docket for cost-share money.26.3$100,000 the first year and $100,000 the 26.4second year are for a grant to the Red 26.5River Basin Commission to develop a Red 26.6River basin plan and to coordinate water 26.7management activities in the states and 26.8provinces bordering the Red River. The 26.9unencumbered balance in the first year does 26.10not cancel but is available for the second 26.11year.26.12$5,450,000 the first year and $5,450,000 26.13the second year are for implementation of 26.14the Clean Water Legacy Act as follows: 26.15$1,500,000 each year is for targeted 26.16nonpoint restoration cost-share and incentive 26.17payments, of which up to $1,400,000 26.18each year is available for grants. Of this 26.19amount, $250,000 each year must be 26.20contracted for services with the Minnesota 26.21Conservation Corp. The grant funds are 26.22available until expended; $2,000,000 each 26.23year is for targeted nonpoint restoration and 26.24protection and technical, compliance, and 26.25engineering assistance activities, of which 26.26up to $1,700,000 each year is available for 26.27grants; $200,000 each year is for reporting 26.28and evaluating applied soil and water 26.29conservation practices; $1,650,000 each year 26.30is for grants to implement county individual 26.31sewage treatment system programs. Of this 26.32amount, after a county has complied with 26.33requirements to adopt ordinances pursuant 26.34to Minnesota Statutes, section 115.55, 26.35subdivision 2, the county may request grants 26.36of up to $60,000 the first year and $60,000 27.1the second year to inventory properties with 27.2individual sewage treatment systems that 27.3are an imminent threat to public health or 27.4safety due to water discharges of untreated 27.5sewage, and require compliance under an 27.6applicable ordinance. The grant amount 27.7shall be proportional to the number of 27.8properties expected to be inventoried. Each 27.9county receiving an appropriation under 27.10this paragraph shall report the number of 27.11inspections and the number determined to be 27.12an imminent threat to public health or safety 27.13to the Pollution Control Agency by February 27.141 of each year; and $100,000 each year is 27.15to the Minnesota River Basin Joint Powers 27.16Board, also known as the Minnesota River 27.17Board, for operating expenses to measure 27.18and report the results of projects in the 12 27.19major watersheds within the Minnesota 27.20River basin. If the appropriation in either 27.21year is insufficient, the appropriation in 27.22the other year is available for it. All of 27.23the money appropriated in this paragraph 27.24as grants to local governments shall be 27.25administered through the Board of Water 27.26and Soil Resources' local water resources 27.27protection and management program under 27.28Minnesota Statutes, section 103B.3369.27.29$140,000 the first year and $140,000 27.30the second year are for a grant to Area 27.31II, Minnesota River Basin Projects, 27.32for floodplain management, including 27.33administration of programs.27.34$1,120,000 the first year and $1,060,000 the 27.35second year may be spent for the following 27.36purposes to support implementation of the 28.1Wetland Conservation Act: $500,000 each 28.2year is to make grants to local units of 28.3governments to improve response to major 28.4wetland violations; $500,000 each year is for 28.5staffing to provide adequate state oversight 28.6and technical support to local governments 28.7administering the Wetland Conservation Act; 28.8$60,000 each year is for staff to monitor and 28.9enforce wetland replacement and wetland 28.10bank sites; and $60,000 the first year is 28.11for rulemaking required by changes to the 28.12Wetland Conservation Act.28.13$450,000 the first year and $800,000 28.14the second year are to implement 28.15recommendations of the Drainage Work 28.16Group to enhance public drainage and 28.17modernization as follows: $150,000 the first 28.18year is to develop guidelines for drainage 28.19records preservation and modernization; 28.20$500,000 the second year is for cost-share 28.21grants to local governments for public 28.22drainage records modernization; and 28.23$300,000 each year is to provide assistance 28.24to local drainage management officials, to 28.25facilitate the work of the Drainage Work 28.26Group, to staff a drainage assistance team, 28.27and to update the Minnesota Public Drainage 28.28Manual. All of the money appropriated in 28.29this paragraph as grants to local governments 28.30shall be administered through the Board 28.31of Water and Soil Resources' local water 28.32resources protection and management 28.33program under Minnesota Statutes, section 28.34103B.3369. 28.35In addition to other authorities, the Board 28.36of Water and Soil Resources may reduce, 29.1withhold, or redirect grants and other funding 29.2if the local water management entity has 29.3not corrected deficiencies as prescribed in a 29.4notice from the board within one year from 29.5the date of the notice.

29.6Sec. 5. METROPOLITAN COUNCIL$8,620,000$8,620,000

29.7Appropriations by Fund29.82008200929.9General4,050,0004,050,00029.10Natural Resources4,570,0004,570,000

29.11$4,050,000 the first year and $4,050,000 29.12the second year are for metropolitan parks 29.13operations.29.14$4,570,000 the first year and $4,570,000 the 29.15second year are from the natural resources 29.16fund for metropolitan area regional parks 29.17and trails maintenance and operations. This 29.18appropriation is from the revenue deposited 29.19in the natural resources fund under Minnesota 29.20Statutes, section 297A.94, paragraph (e), 29.21clause (3).

29.2229.23Sec. 6. MINNESOTA CONSERVATION CORPS$840,000$840,000

29.24Appropriations by Fund29.252008200929.26General350,000350,00029.27Natural Resources490,000490,000

29.28The Minnesota Conservation Corps may 29.29receive money appropriated from the 29.30natural resources fund under this section 29.31only as provided in an agreement with the 29.32commissioner of natural resources.30.1ARTICLE 230.2ENVIRONMENT AND NATURAL RESOURCES POLICY30.3    Section 1. Minnesota Statutes 2006, section 10A.01, subdivision 35, is amended to 30.4read:30.5    Subd. 35. Public official. "Public official" means any:30.6    (1) member of the legislature;30.7    (2) individual employed by the legislature as secretary of the senate, legislative 30.8auditor, chief clerk of the house, revisor of statutes, or researcher, legislative analyst, or 30.9attorney in the Office of Senate Counsel and Research or House Research;30.10    (3) constitutional officer in the executive branch and the officer's chief administrative 30.11deputy;30.12    (4) solicitor general or deputy, assistant, or special assistant attorney general;30.13    (5) commissioner, deputy commissioner, or assistant commissioner of any state 30.14department or agency as listed in section 
         15.01 or 
         15.06, or the state chief information 30.15officer;30.16    (6) member, chief administrative officer, or deputy chief administrative officer of a 30.17state board or commission that has either the power to adopt, amend, or repeal rules under 30.18chapter 14, or the power to adjudicate contested cases or appeals under chapter 14;30.19    (7) individual employed in the executive branch who is authorized to adopt, amend, 30.20or repeal rules under chapter 14 or adjudicate contested cases under chapter 14;30.21    (8) executive director of the State Board of Investment;30.22    (9) deputy of any official listed in clauses (7) and (8);30.23    (10) judge of the Workers' Compensation Court of Appeals;30.24    (11) administrative law judge or compensation judge in the State Office of 30.25Administrative Hearings or referee in the Department of Employment and Economic 30.26Development;30.27    (12) member, regional administrator, division director, general counsel, or operations 30.28manager of the Metropolitan Council;30.29    (13) member or chief administrator of a metropolitan agency;30.30    (14) director of the Division of Alcohol and Gambling Enforcement in the 30.31Department of Public Safety;30.32    (15) member or executive director of the Higher Education Facilities Authority;30.33    (16) member of the board of directors or president of Minnesota Technology, Inc.; 30.34    (17) member of the board of directors or executive director of the Minnesota State 30.35High School League;31.1    (18) member of the Minnesota Ballpark Authority established in section 473.755; or 31.2    (19) citizen member of the Legislative-Citizen Commission on Minnesota 31.3Resources.;31.4    (20) manager of a watershed district or member of a watershed management 31.5organization; or31.6    (21) supervisor of a soil and water conservation district.31.7    Sec. 2. Minnesota Statutes 2006, section 15.99, subdivision 3, is amended to read:31.8    Subd. 3. Application; extensions. (a) The time limit in subdivision 2 begins upon 31.9the agency's receipt of a written request containing all information required by law or by 31.10a previously adopted rule, ordinance, or policy of the agency, including the applicable 31.11application fee. If an agency receives a written request that does not contain all required 31.12information, the 60-day limit starts over only if the agency sends written notice within 15 31.13business days of receipt of the request telling the requester what information is missing.31.14    (b) If a request relating to zoning, septic systems, watershed district review, soil and 31.15water conservation district review, or expansion of the metropolitan urban service area 31.16requires the approval of more than one state agency in the executive branch, the 60-day 31.17period in subdivision 2 begins to run for all executive branch agencies on the day a request 31.18containing all required information is received by one state agency. The agency receiving 31.19the request must forward copies to other state agencies whose approval is required.31.20    (c) An agency response, including an approval with conditions, meets the 60-day 31.21time limit if the agency can document that the response was sent within 60 days of receipt 31.22of the written request. Failure to satisfy the conditions, if any, may be a basis to revoke 31.23or rescind the approval by the agency and will not give rise to a claim that the 60-day 31.24limit was not met.31.25    (d) The time limit in subdivision 2 is extended if a state statute, federal law, or court 31.26order requires a process to occur before the agency acts on the request, and the time 31.27periods prescribed in the state statute, federal law, or court order make it impossible to 31.28act on the request within 60 days. In cases described in this paragraph, the deadline is 31.29extended to 60 days after completion of the last process required in the applicable statute, 31.30law, or order. Final approval of an agency receiving a request is not considered a process 31.31for purposes of this paragraph.31.32    (e) The time limit in subdivision 2 is extended if: (1) a request submitted to a state 31.33agency requires prior approval of a federal agency; or (2) an application submitted to 31.34a city, county, town, school district, metropolitan or regional entity, or other political 31.35subdivision requires prior approval of a state or federal agency. In cases described in 32.1this paragraph, the deadline for agency action is extended to 60 days after the required 32.2prior approval is granted.32.3    (f) An agency may extend the time limit in subdivision 2 before the end of the 32.4initial 60-day period by providing written notice of the extension to the applicant. The 32.5notification must state the reasons for the extension and its anticipated length, which may 32.6not exceed 60 days unless approved by the applicant.32.7    (g) An applicant may by written notice to the agency request an extension of the 32.8time limit under this section.32.9EFFECTIVE DATE.This section is effective the day following final enactment.32.10    Sec. 3. Minnesota Statutes 2006, section 16A.531, subdivision 1a, is amended to read:32.11    Subd. 1a. Revenues. The following revenues must be deposited in the 32.12environmental fund:32.13    (1) all revenue from the motor vehicle transfer fee imposed under section 
         115A.908; 32.14    (2) all fees collected under section 
         116.07, subdivision 4d; 32.15    (3) all money collected by the Pollution Control Agency in enforcement matters 32.16as provided in section 
         115.073; 32.17    (4) all revenues from license fees for individual sewage treatment systems under 32.18section 
         115.56; 32.19    (5) all loan repayments deposited under section 
         115A.0716; 32.20    (6) all revenue from pollution prevention fees imposed under section 
         115D.12; 32.21    (7) all loan repayments deposited under section 
         116.994; 32.22    (8) all fees collected under section 
         116C.834; 32.23    (9) revenue collected from the solid waste management tax pursuant to chapter 297H;32.24    (10) fees collected under section 
         473.844; and32.25    (11) interest accrued on the fund; and32.26    (12) money received in the form of gifts, grants, reimbursement, or appropriation 32.27from any source for any of the purposes provided in subdivision 2, except federal grants.32.28    Sec. 4. [17.035] VENISON DISTRIBUTION AND REIMBURSEMENT.32.29    Subdivision 1.Reimbursement.A meat processor holding a license under chapter 32.3028A may apply to the commissioner of agriculture for reimbursement of $70 towards the 32.31cost of processing a deer donated according to subdivision 1. The meat processor shall 32.32deliver the deer, processed into cuts or ground meat, to a charitable organization that is 32.33registered under chapter 309 and with the commissioner of agriculture and that operates 32.34a food assistance program. To request reimbursement, the processor shall submit an 33.1application, on a form prescribed by the commissioner of agriculture, the tag number 33.2under which the deer was taken, and a receipt for the deer from the charitable organization.33.3    Subd. 2.Distribution.(a) The commissioner of agriculture shall ensure the 33.4equitable statewide distribution of processed deer by requiring the charitable organization 33.5to allocate and distribute processed deer according to the allocation formula used in the 33.6distribution of United States Department of Agriculture commodities under the federal 33.7emergency food assistance program. The charitable organization must submit quarterly 33.8reports to the commissioner on forms prescribed by the commissioner. The reports must 33.9include, but are not limited to, information on the amount of processed deer received and 33.10the organizations to which the meat was distributed.33.11    (b) The commissioner of agriculture may adopt rules to implement this section.33.12    Sec. 5. Minnesota Statutes 2006, section 84.025, subdivision 9, is amended to read:33.13    Subd. 9. Professional services support account. The commissioner of natural 33.14resources may bill the various programs carried out by the commissioner for the costs of 33.15providing them with professional support services. Except as provided under section 33.1689.421, receipts must be credited to a special account in the state treasury and are 33.17appropriated to the commissioner to pay the costs for which the billings were made.33.18    The commissioner of natural resources shall submit to the commissioner of finance 33.19before the start of each fiscal year a work plan showing the estimated work to be done 33.20during the coming year, the estimated cost of doing the work, and the positions and fees 33.21that will be necessary. This account is exempted from statewide and agency indirect 33.22cost payments.33.23    Sec. 6. [84.02] DEFINITIONS.33.24    Subdivision 1.Definitions.For purposes of this chapter, the terms defined in this 33.25section shall have the meanings given them.33.26    Subd. 2.Best management practice for native prairie restoration."Best 33.27management practice for native prairie restoration" means using seeds collected from a 33.28native prairie within the same county or within 25 miles of the county's border, but not 33.29across the boundary of an ecotype region.33.30    Subd. 3.Created grassland."Created grassland" means a restoration using seeds 33.31or plants with origins outside of the state of Minnesota.33.32    Subd. 4.Ecotype region."Ecotype region" means the following ecological 33.33subsections and counties based on the Department of Natural Resources map, "County 33.34Landscape Groupings Based on Ecological Subsections," dated February 15, 2007.

34.1Ecotype RegionCounties or portions thereof:34.234.334.4Rochester Plateau, Blufflands, and Oak SavannaHouston, Winona, Fillmore, Wabasha, Goodhue, Mower, Freeborn, Steele, Olmsted, Rice, Waseca, Dakota, Dodge34.534.634.7Anoka Sand Plain, Big Woods, and St. Paul Baldwin Plains and MorainesAnoka, Hennepin, Ramsey, Washington, Chisago, Scott, Carver, McLeod, Wright, Benton, Isanti, Le Sueur, Sherburne34.834.9Inner Coteau and Coteau MorainesLincoln, Lyon, Pipestone, Rock, Murray, Nobles, Jackson, Cottonwood34.10Red River Prairie (South)Traverse, Wilkin, Clay, Becker34.1134.1234.13Red River Prairie (North) and Aspen ParklandsKittson, Roseau, Red Lake, Pennington, Marshall, Clearwater, Mahnomen, Polk, Norman34.1434.1534.16Minnesota River Prairie (North)Big Stone, Pope, Stevens, Grant, Swift, Chippewa, Meeker, Kandiyohi, Renville, Lac qui Parle, Yellow Medicine34.1734.18Minnesota River Prairie (South)Nicollet, Redwood, Brown, Watonwan, Martin, Faribault, Blue Earth, Sibley34.1934.20Hardwood HillsDouglas, Morrison, Otter Tail, Stearns, Todd

34.21    Subd. 5.Native prairie."Native prairie" means land that has never been plowed 34.22where native prairie vegetation originating from the site currently predominates or, if 34.23disturbed, is predominantly covered with native prairie vegetation that originated from the 34.24site. Unbroken pasture land used for livestock grazing can be considered native prairie if it 34.25has predominantly native vegetation originating from the site and conservation practices 34.26have maintained biological diversity.34.27    Subd. 6.Native prairie species of a local ecotype."Native prairie species of a local 34.28ecotype" means a genetically differentiated population of a species that has at least one 34.29trait (morphological, biochemical, fitness, or phenological) that is evolutionarily adapted 34.30to local environmental conditions, notably plant competitors, pathogens, pollinators, soil 34.31microorganisms, growing season length, climate, hydrology, and soil.34.32    Subd. 7.Restored native prairie."Restored native prairie" means a restoration 34.33using at least 25 representative and biologically diverse native prairie plant species of a 34.34local ecotype originating in the same county as the restoration site or within 25 miles of 34.35the county's border, but not across the boundary of an ecotype region.34.36    Subd. 8.Restored prairie."Restored prairie" means a restoration using at least 34.3725 representative and biologically diverse native prairie plant species originating from 34.38the same ecotype region in which the restoration occurs.34.39    Sec. 7. Minnesota Statutes 2006, section 84.026, subdivision 1, is amended to read:35.1    Subdivision 1. Contracts. The commissioner of natural resources is authorized 35.2to enter into contractual agreements with any public or private entity for the provision 35.3of statutorily prescribed natural resources services by the department. The contracts 35.4shall specify the services to be provided. Except as provided under section 89.421, funds 35.5generated in a contractual agreement made pursuant to this section shall be deposited in 35.6the special revenue fund and are appropriated to the department for purposes of providing 35.7the services specified in the contracts. The commissioner shall report revenues collected 35.8and expenditures made under this subdivision to the chairs of the Committees on Ways and 35.9Means in the house and Finance in the senate by January 1 of each odd-numbered year.35.10    Sec. 8. Minnesota Statutes 2006, section 84.0272, is amended by adding a subdivision 35.11to read:35.12    Subd. 5.Easement information.Parties to an easement purchased under the 35.13authority of the commissioner must:35.14    (1) specify in the easement all provisions that are perpetual in nature;35.15    (2) file the easement with the county recorder or registrar of titles in the county 35.16in which the land is located; and35.17    (3) submit an electronic copy of the easement to the commissioner.35.18    Sec. 9. Minnesota Statutes 2006, section 84.0855, subdivision 1, is amended to read:35.19    Subdivision 1. Sales authorized; gift certificates. The commissioner may 35.20sell natural resources-related publications and maps; forest resource assessment 35.21products; federal migratory waterfowl, junior duck, and other federal stamps; and other 35.22nature-related merchandise, and may rent or sell items for the convenience of persons using 35.23Department of Natural Resources facilities or services. The commissioner may sell gift 35.24certificates for any items rented or sold. Notwithstanding section 
         16A.1285, a fee charged 35.25by the commissioner under this section may include a reasonable amount in excess of the 35.26actual cost to support Department of Natural Resources programs. The commissioner may 35.27advertise the availability of a program or item offered under this section. 35.28    Sec. 10. Minnesota Statutes 2006, section 84.0855, subdivision 2, is amended to read:35.29    Subd. 2. Receipts; appropriation.Except as provided under section 89.421, 35.30money received by the commissioner under this section or to buy supplies for the use of 35.31volunteers, may be credited to one or more special accounts in the state treasury and is 35.32appropriated to the commissioner for the purposes for which the money was received. 35.33Money received from sales at the state fair shall be available for state fair related costs. 36.1Money received from sales of intellectual property and software products or services shall 36.2be available for development, maintenance, and support of software products and systems.36.3    Sec. 11. Minnesota Statutes 2006, section 84.780, is amended to read:36.484.780 OFF-HIGHWAY VEHICLE DAMAGE ACCOUNT.36.5    (a) The off-highway vehicle damage account is created in the natural resources fund. 36.6Money in the off-highway vehicle damage account is appropriated to the commissioner 36.7of natural resources for the repair or restoration of property damaged by the operation of 36.8off-highway vehicles in an unpermittedillegal area after August 1, 2003, and for the costs 36.9of administration for this section. Before the commissioner may make a payment from 36.10this account, the commissioner must determine whether the damage to the property was 36.11caused by the unpermittedillegal use of off-highway vehicles, that the applicant has made 36.12reasonable efforts to identify the responsible individual and obtain payment from the 36.13individual, and that the applicant has made reasonable efforts to prevent reoccurrence. 36.14By June 30, 2008, the commissioner of finance must transfer the remaining balance in the 36.15account to the off-highway motorcycle account under section 84.794, the off-road vehicle 36.16account under section 84.803, and the all-terrain vehicle account under section 84.927. 36.17The amount transferred to each account must be proportionate to the amounts received in 36.18the damage account from the relevant off-highway vehicle accounts.36.19    (b) Determinations of the commissioner under this section may be made by written 36.20order and are exempt from the rulemaking provisions of chapter 14. Section 
         14.38636.21does not apply.36.22    (c) This section expires July 1, 2008 These funds are available until expended.36.23    Sec. 12. [84.9011] OFF-HIGHWAY VEHICLE SAFETY AND CONSERVATION 36.24PROGRAM.36.25    Subdivision 1.Creation.The commissioner of natural resources shall establish 36.26a program to promote the safe and responsible operation of off-highway vehicles in a 36.27manner that does not harm the environment. The commissioner shall coordinate the 36.28program through the regional offices of the Department of Natural Resources.36.29    Subd. 2.Purpose.The purpose of the program is to encourage off-highway vehicle 36.30clubs to assist, on a volunteer basis, in improving, maintaining, and monitoring of trails on 36.31state forest land and other public lands.36.32    Subd. 3.Agreements.(a) The commissioner shall enter into informal agreements 36.33with off-highway vehicle clubs for volunteer services to maintain, make improvements to, 36.34and monitor trails on state forest land and other public lands. The off-highway vehicle 37.1clubs shall promote the operation of off-highway vehicles in a safe and responsible manner 37.2that complies with the laws and rules that relate to the operation of off-highway vehicles.37.3    (b) The off-highway vehicle clubs may provide assistance to the department in 37.4locating, recruiting, and training instructors for off-highway vehicle training programs.37.5    (c) The commissioner may provide assistance to enhance the comfort and safety 37.6of volunteers and to facilitate the implementation and administration of the safety and 37.7conservation program.37.8    Subd. 4.Worker displacement prohibited.The commissioner may not enter into 37.9any agreement that has the purpose of or results in the displacement of public employees 37.10by volunteers participating in the off-highway safety and conservation program under 37.11this section. The commissioner must certify to the appropriate bargaining agent that the 37.12work performed by a volunteer will not result in the displacement of currently employed 37.13workers or workers on seasonal layoff or layoff from a substantially equivalent position, 37.14including partial displacement such as reduction in hours of nonovertime work, wages, or 37.15other employment benefits.37.16    Sec. 13. Minnesota Statutes 2006, section 84.927, subdivision 2, is amended to read:37.17    Subd. 2. Purposes. Subject to appropriation by the legislature, money in the 37.18all-terrain vehicle account may only be spent for:37.19    (1) the education and training program under section 
         84.925; 37.20    (2) administration, enforcement, and implementation of sections 
         84.773 to 
         84.929; 37.21    (3) acquisition, maintenance, and development of vehicle trails and use areas;37.22    (4) grant-in-aid programs to counties and municipalities to construct and maintain 37.23all-terrain vehicle trails and use areas;37.24    (5) grants-in-aid to local safety programs; and37.25    (6) enforcement and public education grants to local law enforcement agencies.; and37.26    (7) maintenance of minimum-maintenance forest roads according to section 89.71, 37.27subdivision 5, and county forest roads within state forest boundaries as defined under 37.28section 89.021.37.29    The distribution of funds made available through grant-in-aid programs must be 37.30guided by the statewide comprehensive outdoor recreation plan.37.31    Sec. 14. Minnesota Statutes 2006, section 84.963, is amended to read:37.3284.963 PRAIRIE PLANT SEED PRODUCTION AREAS.37.33    (a) The commissioner of natural resources shall study the feasibility of establishing 37.34private or public prairie plant seed production areas within prairie land locations. If 38.1prairie plant seed production is feasible, the commissioner may aid the establishment of 38.2production areas. The commissioner may enter cost-share or sharecrop agreements with 38.3landowners having easements for conservation purposes of ten or more years on their land 38.4to commercially produce prairie plant seed of Minnesota origin. The commissioner may 38.5only aid prairie plant seed production areas on agricultural land used to produce crops 38.6before December 23, 1985, and cropped three out of five years between 1981 and 1985.38.7    (b) The commissioner shall compile, prepare, and electronically disseminate to 38.8the public prairie establishment guidance materials and resources. The resources must 38.9provide information and guidance on project planning, seed selection including ecotype 38.10and species mix, site preparation, seeding, maintenance, and technical service providers. 38.11The commissioner shall use actual prairie restoration projects under development on 38.12state-owned land to illustrate and demonstrate the practices described.38.13    Sec. 15. Minnesota Statutes 2006, section 84D.13, subdivision 7, is amended to read:38.14    Subd. 7. Satisfaction of civil penalties. A civil penalty is due and a watercraft 38.15license suspension is effective 30 days after issuance of the civil citation. A civil penalty 38.16collected under this section is payable to the commissioner and must be credited to the 38.17water recreation account invasive species account.38.18    Sec. 16. [84D.15] INVASIVE SPECIES ACCOUNT.38.19    Subdivision 1.Creation.The invasive species account is created in the state 38.20treasury in the natural resources fund.38.21    Subd. 2.Receipts.Money received from surcharges on watercraft licenses under 38.22section 86B.415, subdivision 7, and civil penalties under section 84D.13 shall be deposited 38.23in the invasive species account. Each year, the commissioner of finance shall transfer from 38.24the game and fish fund to the invasive species account, the annual surcharge collected on 38.25nonresident fishing licenses under section 97A.475, subdivision 7, paragraph (b).38.26    Subd. 3.Use of money in account.Money credited to the invasive species account 38.27in subdivision 2 shall be used for management of invasive species and implementation of 38.28this chapter as it pertains to invasive species, including control, public awareness, law 38.29enforcement, assessment and monitoring, management planning, and research.38.30    Sec. 17. [85.0146] CUYUNA COUNTRY STATE RECREATION AREA; 38.31CITIZENS ADVISORY COUNCIL.39.1    Subdivision 1.Advisory council created.The Cuyuna Country State Recreation 39.2Area Citizens Advisory Council is established. Membership on the advisory council 39.3shall include:39.4    (1) a representative of the Cuyuna Range Mineland Recreation Area Joint Powers 39.5Board;39.6    (2) a representative of the Croft Mine Historical Park Joint Powers Board;39.7    (3) a designee of the Cuyuna Range Mineland Reclamation Committee who has 39.8worked as a miner in the local area;39.9    (4) a representative of the Crow Wing County Board;39.10    (5) an elected state official;39.11    (6) a representative of the Grand Rapids regional office of the Department of Natural 39.12Resources;39.13    (7) a designee of the Iron Range Resources and Rehabilitation Board;39.14    (8) a designee of the local business community selected by the area chambers of 39.15commerce;39.16    (9) a designee of the local environmental community selected by the Crow Wing 39.17County District 5 commissioner;39.18    (10) a designee of a local education organization selected by the Crosby-Ironton 39.19School Board; 39.20    (11) a designee of one of the recreation area user groups selected by the Cuyuna 39.21Range Chamber of Commerce; and 39.22    (12) a member of the Cuyuna Country Heritage Preservation Society.39.23    Subd. 2.Administration.(a) The advisory council must meet at least four times 39.24annually. The council shall elect a chair and meetings shall be at the call of the chair.39.25    (b) Members of the advisory council shall serve as volunteers for two-year terms 39.26with the ability to be reappointed. Members shall accept no per diem.39.27    (c) The state recreation area manager may attend the council meetings and advise 39.28the council of issues in management of the recreation area.39.29    (d) Before a major decision is implemented in the Cuyuna Country State Recreation 39.30Area, the area manager must consult with the council and take into consideration any 39.31council comments or advice that may impact the major decision.39.32    Sec. 18. Minnesota Statutes 2006, section 85.054, is amended by adding a subdivision 39.33to read:39.34    Subd. 13.Cuyuna Country State Recreation Area.A state park permit is not 39.35required and a fee may not be charged for motor vehicle entry or parking at Croft Mine 40.1Historical Park and Portsmouth Mine Lake Overlook in Cuyuna Country State Recreation 40.2Area, except for overnight camping. 40.3    Sec. 19. Minnesota Statutes 2006, section 86B.706, subdivision 2, is amended to read:40.4    Subd. 2. Money deposited in account. The following shall be deposited in the state 40.5treasury and credited to the water recreation account:40.6    (1) fees and surcharges from titling and licensing of watercraft under this chapter;40.7    (2) fines, installment payments, and forfeited bail according to section 
         86B.705, 40.8subdivision 2
         ;40.9    (3) civil penalties according to section 84D.13;40.10    (4) mooring fees and receipts from the sale of marine gas at state-operated or 40.11state-assisted small craft harbors and mooring facilities according to section 
         86A.21;40.12    (5)(4) the unrefunded gasoline tax attributable to watercraft use under section 40.13296A.18
         ; and40.14    (6)(5) fees for permits issued to control or harvest aquatic plants other than wild 40.15rice under section 
         103G.615, subdivision 2.40.16    Sec. 20. Minnesota Statutes 2006, section 89.22, subdivision 2, is amended to read:40.17    Subd. 2. Receipts to natural resources special revenue fund. Fees collected under 40.18subdivision 1 shall be credited to a forest land use account in the natural resources fund40.19the special revenue fund and are annually appropriated to the commissioner to recoup the 40.20costs of developing, operating, and maintaining facilities necessary for the specified uses 40.21in subdivision 1 or to prevent or mitigate resource impacts of those uses. 40.22EFFECTIVE DATE.This section is effective July 1, 2007, and applies to fees 40.23collected according to Minnesota Statutes, section 89.22, subdivision 1, after August 40.241, 2006.40.25    Sec. 21. [89.421] FOREST RESOURCE ASSESSMENT PRODUCTS AND 40.26SERVICES ACCOUNT.40.27    Subdivision 1.Creation.The forest resource assessment products and services 40.28account is created in the state treasury in the natural resources fund.40.29    Subd. 2.Receipts.Money received from forest resource assessment product sales 40.30and services provided by the commissioner under sections 84.025, subdivision 9; 84.026; 40.31and 84.0855 shall be credited to the forest resource assessment products and services 40.32account. Forest resource assessment products and services include the sale of aerial 40.33photography, remote sensing, and satellite imagery products and services.41.1    Subd. 3.Use of money in account.Money credited to the forest resource 41.2assessment products and services account under subdivision 2 is annually appropriated to 41.3the commissioner and shall be used to maintain the staff and facilities producing the aerial 41.4photography, remote sensing, and satellite imagery products and services.41.5    Sec. 22. [89.62] SHADE TREE PEST CONTROL; GRANT PROGRAM.41.6    Subdivision 1.Grants.The commissioner may make grants to aid in the control of 41.7a shade tree pest. To be eligible, a grantee must have a pest control program approved 41.8by the commissioner that:41.9    (1) defines tree ownership and who is responsible for the costs associated with 41.10control measures;41.11    (2) defines the zone of infestation within which the control measures are to be 41.12applied;41.13    (3) includes a tree inspector certified under section 89.63 and having the authority to 41.14enter and inspect private lands;41.15    (4) has the means to enforce measures needed to limit the spread of shade tree 41.16pests; and41.17    (5) provides that grant money received will be deposited in a separate fund to be 41.18spent only for the purposes authorized by this section.41.19    Subd. 2.Grant eligibility.The following are eligible for grants under this section:41.20    (1) a home rule charter or statutory city or a town that exercises municipal powers 41.21under section 368.01 or any general or special law; 41.22    (2) a special park district organized under chapter 398; 41.23    (3) a special-purpose park and recreation board; 41.24    (4) a soil and water conservation district; 41.25    (5) a county; or41.26    (6) any other organization with the legal authority to enter into contractual 41.27agreements.41.28    Subd. 3.Rules; applicability to municipalities.The rules and procedures adopted 41.29under this chapter by the commissioner apply in a municipality unless the municipality 41.30adopts an ordinance determined by the commissioner to be more stringent than the rules 41.31and procedures of the commissioner. The rules and procedures of the commissioner or 41.32the municipality apply to all state agencies, special purpose districts, and metropolitan 41.33commissions as defined in section 473.121, subdivision 5a, that own or control land 41.34adjacent to or within a zone of infestation.42.1    Sec. 23. Minnesota Statutes 2006, section 93.22, subdivision 1, is amended to read:42.2    Subdivision 1. Generally.(a) All payments under sections 
         93.14 to 
         93.285 shall 42.3be made to the Department of Natural Resources and shall be credited according to this 42.4section. 42.5    (a) If the lands or minerals and mineral rights covered by a lease are held by the state 42.6by virtue of an act of Congress, payments made under the lease shall be credited to the 42.7permanent fund of the class of land to which the leased premises belong.42.8    (b) If a lease covers the bed of navigable waters, payments made under the lease 42.9shall be credited to the permanent school fund of the state.42.10    (c) If the lands or minerals and mineral rights covered by a lease are held by the 42.11state in trust for the taxing districts, payments made under the lease shall be distributed 42.12annually on the first day of September as follows:42.13    (1) 20 percent to the general fund; and42.14    (2) 80 percent to the respective counties in which the lands lie, to be apportioned 42.15among the taxing districts interested therein as follows: county, three-ninths; town or city, 42.16two-ninths; and school district, four-ninths.42.17    (d) Except as provided under this section and except where the disposition of 42.18payments may be otherwise directed by law, all payments shall be paid into the general 42.19fund of the state.42.20    (b) Twenty percent of all payments under sections 93.14 to 93.285 shall be 42.21credited to the minerals management account in the natural resources fund as costs for 42.22the administration and management of state mineral resources by the commissioner of 42.23natural resources.42.24    (c) The remainder of the payments shall be credited as follows:42.25    (1) if the lands or minerals and mineral rights covered by a lease are held by the state 42.26by virtue of an act of Congress, payments made under the lease shall be credited to the 42.27permanent fund of the class of land to which the leased premises belong;42.28    (2) if a lease covers the bed of navigable waters, payments made under the lease 42.29shall be credited to the permanent school fund of the state;42.30    (3) if the lands or minerals and mineral rights covered by a lease are held by the state 42.31in trust for the taxing districts, payments made under the lease shall be distributed annually 42.32on the first day of September to the respective counties in which the lands lie, to be 42.33apportioned among the taxing districts interested therein as follows: county, three-ninths; 42.34town or city, two-ninths; and school district, four-ninths;42.35    (4) if the lands or mineral rights covered by a lease became the absolute property of 42.36the state under the provisions of chapter 84A, payments made under the lease shall be 43.1distributed as follows: county containing the land from which the income was derived, 43.2five-eighths; and general fund of the state, three-eighths; and43.3    (5) except as provided under this section and except where the disposition of 43.4payments may be otherwise directed by law, payments made under a lease shall be paid 43.5into the general fund of the state.43.6    Sec. 24. Minnesota Statutes 2006, section 97A.055, subdivision 4, is amended to read:43.7    Subd. 4. Game and fish annual reports. (a) By December 15 each year, 43.8the commissioner shall submit to the legislative committees having jurisdiction over 43.9appropriations and the environment and natural resources reports on each of the following:43.10    (1) the amount of revenue from the following and purposes for which expenditures 43.11were made:43.12    (i) the small game license surcharge under section  
         97A.475, subdivision 4; 43.13    (ii) the Minnesota migratory waterfowl stamp under section  
         97A.475, subdivision 43.145
         , clause (1); 43.15    (iii) the trout and salmon stamp under section  
         97A.475, subdivision 10; 43.16    (iv) the pheasant stamp under section  
         97A.475, subdivision 5, clause (2); and43.17    (v) the turkey stamp under section  
         97A.475, subdivision 5, clause (3); and43.18    (vi) the deer license surcharge under section 97A.475, subdivision 3a;43.19    (2) the amounts available under section  
         97A.075, subdivision 1, paragraphs (b) and 43.20(c), and the purposes for which these amounts were spent; 43.21    (3) money credited to the game and fish fund under this section and purposes for 43.22which expenditures were made from the fund;43.23    (4) outcome goals for the expenditures from the game and fish fund; and43.24    (5) summary and comments of citizen oversight committee reviews under 43.25subdivision 4b.43.26    (b) The report must include the commissioner's recommendations, if any, for 43.27changes in the laws relating to the stamps and surcharge referenced in paragraph (a).43.28    Sec. 25. Minnesota Statutes 2006, section 97A.065, is amended by adding a 43.29subdivision to read:43.30    Subd. 6.Deer license surcharge. The surcharge collected under section 97A.475, 43.31subdivision 3a, shall be deposited in a special revenue account and is appropriated to 43.32the commissioner for deer management, including for grants or payments to agencies, 43.33organizations, or individuals for assisting with the cost of processing deer taken for 43.34population management purposes for venison donation programs. None of the additional 44.1license fees shall be transferred to any other agency for administration of programs other 44.2than venison donation. If any money transferred by the commissioner is not used for a 44.3venison donation program, it shall be returned to the commissioner. 44.4    Sec. 26. Minnesota Statutes 2006, section 97A.133, is amended by adding a 44.5subdivision to read:44.6    Subd. 66. Vermillion Highlands Wildlife Management Area, Dakota County.44.7    Sec. 27. Minnesota Statutes 2006, section 97A.475, is amended by adding a 44.8subdivision to read:44.9    Subd. 3a.Deer license surcharge.Fees for annual resident and nonresident licenses 44.10to take deer by firearms or archery established under subdivisions 2, clauses (4), (5), (9), 44.11and (11), and 3, clauses (2), (3), and (7), must be increased by a surcharge of $1, except 44.12as provided under section 97A.065, subdivision 6. An additional commission may not 44.13be assessed on the surcharge and the following statement must be included in the annual 44.14deer hunting regulations: "The $1 deer license surcharge is being paid by hunters for deer 44.15management, including assisting with the costs of processing deer donated for charitable 44.16purposes."44.17    Sec. 28. Minnesota Statutes 2006, section 97A.475, subdivision 7, is amended to read:44.18    Subd. 7. Nonresident fishing.(a) Fees for the following licenses, to be issued 44.19to nonresidents, are:44.20    (1) to take fish by angling, $34;44.21    (2) to take fish by angling limited to seven consecutive days selected by the licensee, 44.22$24;44.23    (3) to take fish by angling for a 72-hour period selected by the licensee, $20;44.24    (4) to take fish by angling for a combined license for a family for one or both parents 44.25and dependent children under the age of 16, $46;44.26    (5) to take fish by angling for a 24-hour period selected by the licensee, $8.50; and44.27    (6) to take fish by angling for a combined license for a married couple, limited to 44.2814 consecutive days selected by one of the licensees, $35.44.29    (b) A $2 surcharge shall be added to all nonresident fishing licenses, except licenses 44.30issued under paragraph (a), clause (5). An additional commission may not be assessed 44.31on this surcharge.44.32EFFECTIVE DATE.This section is effective March 1, 2008.45.1    Sec. 29. Minnesota Statutes 2006, section 97A.485, subdivision 7, is amended to read:45.2    Subd. 7. Electronic licensing system commission. The commissioner shall retain 45.3for the operation of the electronic licensing system the commission established under 45.4section 
         84.027, subdivision 15, and issuing fees collected by the commissioner on all 45.5license fees collected, excluding:45.6    (1) the small game surcharge; and45.7    (2) the deer license surcharge; and45.8    (3) $2.50 of the license fee for the licenses in section 
         97A.475, subdivisions 6, 45.9clauses (1)
         , (2), and (4), 7, 8, 12, and 13.45.10    Sec. 30. [97B.303] VENISON DONATIONS.45.11    An individual who takes a deer may donate the deer, for distribution to charitable 45.12food assistance programs, to a meat processor that is licensed under chapter 28A. An 45.13individual donating a deer must supply the processor with the tag number under which 45.14the deer was taken.45.15    Sec. 31. Minnesota Statutes 2006, section 97C.081, subdivision 3, is amended to read:45.16    Subd. 3. Contests requiring a permit. (a) A person must have a permit from the 45.17commissioner to conduct a fishing contest that does not meet the criteria in subdivision 2. 45.18Permits shall be issued without a fee. The commissioner shall charge a fee for the permit 45.19that recovers the costs of issuing the permit and of monitoring the activities allowed by 45.20the permit. Receipts collected from this fee shall be credited to the game and fish fund. 45.21Notwithstanding section 16A.1283, the commissioner may, by written order published in 45.22the State Register, establish contest permit fees. The fees are not subject to the rulemaking 45.23provisions of chapter 14 and section 14.386 does not apply.45.24    (b) If entry fees are over $25 per person, or total prizes are valued at more than 45.25$25,000, and if the applicant has either:45.26    (1) not previously conducted a fishing contest requiring a permit under this 45.27subdivision; or45.28    (2) ever failed to make required prize awards in a fishing contest conducted by 45.29the applicant, the commissioner may require the applicant to furnish the commissioner 45.30evidence of financial responsibility in the form of a surety bond or bank letter of credit in 45.31the amount of $25,000.45.32    Sec. 32. Minnesota Statutes 2006, section 103B.101, is amended by adding a 45.33subdivision to read:46.1    Subd. 12.Authority to issue penalty orders.The board may issue an order 46.2requiring violations to be corrected and administratively assessing monetary penalties for 46.3violations of this chapter and chapters 103C, 103D, 103E, 103F, and 103G, any rules 46.4adopted under those chapters, and any standards, limitations, or conditions established 46.5by the board.46.6EFFECTIVE DATE.This section is effective the day following final enactment.46.7    Sec. 33. [103B.102] LOCAL WATER MANAGEMENT ACCOUNTABILITY 46.8AND OVERSIGHT.46.9    Subdivision 1.Findings; improving accountability and oversight.The legislature 46.10finds that a process is needed to monitor the performance and activities of local water 46.11management entities. The process should be preemptive so that problems can be identified 46.12early and systematically. Underperforming entities should be provided assistance and 46.13direction for improving performance in a reasonable time frame.46.14    Subd. 2.Definitions.For the purposes of this section, "local water management 46.15entities" means watershed districts, soil and water conservation districts, metropolitan 46.16water management organizations, and counties operating separately or jointly in their 46.17role as local water management authorities under chapter 103B, 103C, 103D, or 103G 46.18and chapter 114D.46.19    Subd. 3.Evaluation and report.The Board of Water and Soil Resources shall 46.20evaluate performance, financial, and activity information for each local water management 46.21entity. The board shall evaluate the entities' progress in accomplishing their adopted 46.22plans on a regular basis, but not less than once every five years. The board shall maintain 46.23a summary of local water management entity performance on the board's Web site. 46.24Beginning February 1, 2008, and annually thereafter, the board shall provide an analysis 46.25of local water management entity performance to the chairs of the house and senate 46.26committees having jurisdiction over environment and natural resources policy.46.27    Subd. 4.Corrective actions.(a) In addition to other authorities, the Board of Water 46.28and Soil Resources may, based on its evaluation in subdivision 3, reduce, withhold, or 46.29redirect grants and other funding if the local water management entity has not corrected 46.30deficiencies as prescribed in a notice from the board within one year from the date of 46.31the notice.46.32    (b) The board may defer a decision on a termination petition filed under section 46.33103B.221, 103C.225, or 103D.271 for up to one year to conduct or update the evaluation 46.34under subdivision 3 or to communicate the results of the evaluation to petitioners or to 46.35local and state government agencies.47.1    Sec. 34. Minnesota Statutes 2006, section 103C.321, is amended by adding a 47.2subdivision to read:47.3    Subd. 6.Credit card use.The supervisors may authorize the use of a credit card 47.4by any soil and water conservation district officer or employee otherwise authorized 47.5to make a purchase on behalf of the soil and water conservation district. If a soil and 47.6water conservation district officer or employee makes a purchase by credit card that is not 47.7approved by the supervisors, the officer or employee is personally liable for the amount of 47.8the purchase. A purchase by credit card must otherwise comply with all statutes, rules, 47.9or soil and water conservation district policy applicable to soil and water conservation 47.10district purchases.47.11    Sec. 35. Minnesota Statutes 2006, section 103D.325, is amended by adding a 47.12subdivision to read:47.13    Subd. 4.Credit card use.The managers may authorize the use of a credit card 47.14by any watershed district officer or employee otherwise authorized to make a purchase 47.15on behalf of the watershed district. If a watershed district officer or employee makes a 47.16purchase by credit card that is not approved by the managers, the officer or employee is 47.17personally liable for the amount of the purchase. A purchase by credit card must otherwise 47.18comply with all statutes, rules, or watershed district policy applicable to watershed district 47.19purchases.47.20    Sec. 36. Minnesota Statutes 2006, section 103E.021, subdivision 1, is amended to read:47.21    Subdivision 1. Spoil banks must be spread and grass planted permanent 47.22vegetation established. In any proceeding to establish, construct, improve, or do any 47.23work affecting a public drainage system under any law that appoints viewers to assess 47.24benefits and damages, the authority having jurisdiction over the proceeding shall order 47.25spoil banks to be spread consistent with the plan and function of the drainage system. The 47.26authority shall order that permanent grass, other than a noxious weed, be planted on 47.27the banks ditch side slopes and on a strip that a permanent strip of perennial vegetation 47.28approved by the drainage authority be established on each side of the ditch. Preference 47.29should be given to planting native species of a local ecotype. The approved perennial 47.30vegetation shall not impede future maintenance of the ditch. The permanent strips of 47.31perennial vegetation shall be 16-1/2 feet in width measured outward from the top edge 47.32of the constructed channel resulting from the proceeding, or to the crown of the leveled 47.33spoil bank, whichever is the greater, on each side of the top edge of the channel of the 47.34ditch. except for an action by a drainage authority that results only in a redetermination of 48.1benefits and damages, for which the required width shall be 16-1/2 feet. Drainage system 48.2rights-of-way for the acreage and additional property required for the planting permanent 48.3strips must be acquired by the authority having jurisdiction.48.4    Sec. 37. Minnesota Statutes 2006, section 103E.021, subdivision 2, is amended to read:48.5    Subd. 2. Reseeding and harvesting grass perennial vegetation. The authority 48.6having jurisdiction over the repair and maintenance of the drainage system shall supervise 48.7all necessary reseeding. The permanent grass strips of perennial vegetation must be 48.8maintained in the same manner as other drainage system repairs. Harvest of the grass48.9vegetation from the grass permanent strip in a manner not harmful to the grass vegetation48.10or the drainage system is the privilege of the fee owner or assigns. The county drainage 48.11inspector shall establish rules for the fee owner and assigns to harvest the grass vegetation.48.12    Sec. 38. Minnesota Statutes 2006, section 103E.021, subdivision 3, is amended to read:48.13    Subd. 3. Agricultural practices prohibited. Agricultural practices, other than 48.14those required for the maintenance of a permanent growth of grass perennial vegetation, 48.15are not permitted on any portion of the property acquired for planting perennial vegetation.48.16    Sec. 39. Minnesota Statutes 2006, section 103E.021, is amended by adding a 48.17subdivision to read:48.18    Subd. 6.Incremental implementation of vegetated ditch buffer strips and side 48.19inlet controls.(a) Notwithstanding other provisions of this chapter requiring appointment 48.20of viewers and redetermination of benefits and damages, a drainage authority may 48.21implement permanent buffer strips of perennial vegetation approved by the drainage 48.22authority or side inlet controls, or both, adjacent to a public drainage ditch, where 48.23necessary to control erosion and sedimentation, improve water quality, or maintain the 48.24efficiency of the drainage system. Preference should be given to planting native species of 48.25a local ecotype. The approved perennial vegetation shall not impede future maintenance 48.26of the ditch. The permanent strips of perennial vegetation shall be 16-1/2 feet in width 48.27measured outward from the top edge of the existing constructed channel. Drainage system 48.28rights-of-way for the acreage and additional property required for the permanent strips 48.29must be acquired by the authority having jurisdiction.48.30    (b) A project under this subdivision shall be implemented as a repair according to 48.31section 103E.705, except that the drainage authority may appoint an engineer to examine 48.32the drainage system and prepare an engineer's repair report for the project.49.1    (c) Damages shall be determined by the drainage authority, or viewers, appointed by 49.2the drainage authority, according to section 103E.315, subdivision 8. A damages statement 49.3shall be prepared, including an explanation of how the damages were determined for each 49.4property affected by the project, and filed with the auditor or watershed district. Within 30 49.5days after the damages statement is filed, the auditor or watershed district shall prepare 49.6property owners' reports according to section 103E.323, subdivision 1, clauses (1), (2), 49.7(6), (7), and (8), and mail a copy of the property owner's report and damages statement to 49.8each owner of property affected by the proposed project.49.9    (d) After a damages statement is filed, the drainage authority shall set a time, by 49.10order, not more than 30 days after the date of the order, for a hearing on the project. At 49.11least ten days before the hearing, the auditor or watershed district shall give notice by mail 49.12of the time and location of the hearing to the owners of property and political subdivisions 49.13likely to be affected by the project.49.14    (e) The drainage authority shall make findings and order the repairs to be made if 49.15the drainage authority determines from the evidence presented at the hearing and by the 49.16viewers and engineer, if appointed, that the repairs are necessary for the drainage system 49.17and the costs of the repairs are within the limitations of section 103E.705.49.18    Sec. 40. [103E.067] DITCH BUFFER STRIP ANNUAL REPORTING.49.19    The drainage authority shall annually submit a report to the Board of Water and Soil 49.20Resources for the calendar year including:49.21    (1) the number and types of actions for which viewers were appointed;49.22    (2) the number of miles of buffer strips established according to section 103E.021;49.23    (3) the number of drainage system inspections conducted; and49.24    (4) the number of violations of section 103E.021 identified and enforcement actions 49.25taken.49.26    Sec. 41. Minnesota Statutes 2006, section 103E.315, subdivision 8, is amended to read:49.27    Subd. 8. Extent of damages. Damages to be paid may include:49.28    (1) the fair market value of the property required for the channel of an open ditch 49.29and the permanent grass strip of perennial vegetation under section 
         103E.021; 49.30    (2) the diminished value of a farm due to severing a field by an open ditch;49.31    (3) loss of crop production during drainage project construction; and49.32    (4) the diminished productivity or land value from increased overflow.; and50.1    (5) costs to restore a perennial vegetative cover or structural practice existing 50.2under a federal or state conservation program adjacent to the permanent drainage system 50.3right-of-way and damaged by the drainage project.50.4    Sec. 42. Minnesota Statutes 2006, section 103E.321, subdivision 1, is amended to read:50.5    Subdivision 1. Requirements. The viewers' report must show, in tabular form, 50.6for each lot, 40-acre tract, and fraction of a lot or tract under separate ownership that 50.7is benefited or damaged:50.8    (1) a description of the lot or tract, under separate ownership, that is benefited or 50.9damaged;50.10    (2) the names of the owners as they appear on the current tax records of the county 50.11and their addresses;50.12    (3) the number of acres in each tract or lot;50.13    (4) the number and value of acres added to a tract or lot by the proposed drainage of 50.14public waters;50.15    (5) the damage, if any, to riparian rights;50.16    (6) the damages paid for the permanent grass strip of perennial vegetation under 50.17section 
         103E.021; 50.18    (7) the total number and value of acres added to a tract or lot by the proposed 50.19drainage of public waters, wetlands, and other areas not currently being cultivated;50.20    (8) the number of acres and amount of benefits being assessed for drainage of areas 50.21which before the drainage benefits could be realized would require a public waters work 50.22permit to work in public waters under section 
         103G.245 to excavate or fill a navigable 50.23water body under United States Code, title 33, section 403, or a permit to discharge into 50.24waters of the United States under United States Code, title 33, section 1344; 50.25    (9) the number of acres and amount of benefits being assessed for drainage of areas 50.26that would be considered conversion of a wetland under United States Code, title 16, 50.27section 3821, if the area was placed in agricultural production;50.28    (10) the amount of right-of-way acreage required; and50.29    (11) the amount that each tract or lot will be benefited or damaged.50.30    Sec. 43. Minnesota Statutes 2006, section 103E.701, is amended by adding a 50.31subdivision to read:50.32    Subd. 7.Restoration; disturbance or destruction by repair.If a drainage system 50.33repair disturbs or destroys a perennial vegetative cover or structural practice existing 50.34under a federal or state conservation program adjacent to the permanent drainage system 51.1right-of-way, the practice must be restored according to the applicable practice plan or 51.2as determined by the drainage authority, if a practice plan is not available. Restoration 51.3costs shall be paid by the drainage system.51.4    Sec. 44. Minnesota Statutes 2006, section 103E.705, subdivision 1, is amended to read:51.5    Subdivision 1. Inspection. After the construction of a drainage system has been 51.6completed, the drainage authority shall maintain the drainage system that is located in its 51.7jurisdiction, including grass the permanent strips of perennial vegetation under section 51.8103E.021
         , and provide the repairs necessary to make the drainage system efficient. The 51.9drainage authority shall have the drainage system inspected on a regular basis by an 51.10inspection committee of the drainage authority or a drainage inspector appointed by the 51.11drainage authority. Open drainage ditches shall be inspected at a minimum of every five 51.12years when no violation of section 103E.021 is found and annually when a violation of 51.13section 103E.021 is found, until one year after the violation is corrected.51.14    Sec. 45. Minnesota Statutes 2006, section 103E.705, subdivision 2, is amended to read:51.15    Subd. 2. Grass Permanent strip of perennial vegetation inspection and 51.16compliance notice. (a) The drainage authority having jurisdiction over a drainage system 51.17must inspect the drainage system for violations of section 
         103E.021. If an inspection 51.18committee of the drainage authority or a drainage inspector determines that permanent 51.19grass strips of perennial vegetation are not being maintained in compliance with section 51.20103E.021
         , a compliance notice must be sent to the property owner. 51.21    (b) The notice must state:51.22    (1) the date the ditch was inspected;51.23    (2) the persons making the inspection;51.24    (3) that spoil banks are to be spread in a manner consistent with the plan and function 51.25of the drainage system and that the drainage system has acquired a grass permanent strip 51.2616-1/2 feet in width or to the crown of the spoil bank, whichever is greater of perennial 51.27vegetation, according to section 103E.021;51.28    (4) the violations of section 
         103E.021; 51.29    (5) the measures that must be taken by the property owner to comply with section 51.30103E.021
          and the date when the property must be in compliance; and 51.31    (6) that if the property owner does not comply by the date specified, the drainage 51.32authority will perform the work necessary to bring the area into compliance with section 51.33103E.021
          and charge the cost of the work to the property owner. 52.1    (c) If a property owner does not bring an area into compliance with section 
         103E.02152.2as provided in the compliance notice, the inspection committee or drainage inspector 52.3must notify the drainage authority. 52.4    (d) This subdivision applies to property acquired under section 
         103E.021. 52.5    Sec. 46. Minnesota Statutes 2006, section 103E.705, subdivision 3, is amended to read:52.6    Subd. 3. Drainage inspection report. For each drainage system that the board 52.7designates and requires the drainage inspector to examine, the drainage inspector shall 52.8make a drainage inspection report in writing to the board after examining a drainage 52.9system, designating portions that need repair or maintenance of grass the permanent52.10strips of perennial vegetation and the location and nature of the repair or maintenance. 52.11The board shall consider the drainage inspection report at its next meeting and may repair 52.12all or any part of the drainage system as provided under this chapter. The grass permanent52.13strips of perennial vegetation must be maintained in compliance with section 
         103E.021. 52.14    Sec. 47. Minnesota Statutes 2006, section 103E.728, subdivision 2, is amended to read:52.15    Subd. 2. Additional assessment for agricultural practices on grass permanent52.16strip of perennial vegetation. (a) The drainage authority may, after notice and hearing, 52.17charge an additional assessment on property that has agricultural practices on or otherwise 52.18violates provisions related to the permanent grass strip of perennial vegetation acquired 52.19under section 
         103E.021. 52.20    (b) The drainage authority may determine the cost of the repair per mile of open 52.21ditch on the ditch system. Property that is in violation of the grass requirement shall be 52.22assessed a cost of 20 percent of the repair cost per open ditch mile multiplied by the length 52.23of open ditch in miles on the property in violation.52.24    (c) After the amount of the additional assessment is determined and applied to the 52.25repair cost, the balance of the repair cost may be apportioned pro rata as provided in 52.26subdivision 1.52.27    Sec. 48. Minnesota Statutes 2006, section 103G.222, subdivision 1, is amended to read:52.28    Subdivision 1. Requirements. (a) Wetlands must not be drained or filled, wholly 52.29or partially, unless replaced by restoring or creating wetland areas of at least equal 52.30public value under a replacement plan approved as provided in section 
         103G.2242, a 52.31replacement plan under a local governmental unit's comprehensive wetland protection 52.32and management plan approved by the board under section 
         103G.2243, or, if a permit to 52.33mine is required under section 
         93.481, under a mining reclamation plan approved by the 53.1commissioner under the permit to mine. Mining reclamation plans shall apply the same 53.2principles and standards for replacing wetlands by restoration or creation of wetland areas 53.3that are applicable to mitigation plans approved as provided in section 
         103G.2242. Public 53.4value must be determined in accordance with section 
         103B.3355 or a comprehensive 53.5wetland protection and management plan established under section 
         103G.2243. Sections 53.6103G.221
          to 
         103G.2372 also apply to excavation in permanently and semipermanently 53.7flooded areas of types 3, 4, and 5 wetlands. 53.8    (b) Replacement must be guided by the following principles in descending order 53.9of priority:53.10    (1) avoiding the direct or indirect impact of the activity that may destroy or diminish 53.11the wetland;53.12    (2) minimizing the impact by limiting the degree or magnitude of the wetland 53.13activity and its implementation;53.14    (3) rectifying the impact by repairing, rehabilitating, or restoring the affected 53.15wetland environment;53.16    (4) reducing or eliminating the impact over time by preservation and maintenance 53.17operations during the life of the activity;53.18    (5) compensating for the impact by restoring a wetland; and53.19    (6) compensating for the impact by replacing or providing substitute wetland 53.20resources or environments.53.21    For a project involving the draining or filling of wetlands in an amount not exceeding 53.2210,000 square feet more than the applicable amount in section 
         103G.2241, subdivision 9, 53.23paragraph (a), the local government unit may make an on-site sequencing determination 53.24without a written alternatives analysis from the applicant. 53.25    (c) If a wetland is located in a cultivated field, then replacement must be 53.26accomplished through restoration only without regard to the priority order in paragraph 53.27(b), provided that a deed restriction is placed on the altered wetland prohibiting 53.28nonagricultural use for at least ten years.53.29    (d) If a wetland is drained under section 103G.2241, subdivision 2, the local 53.30government unit may require a deed restriction that prohibits nonagricultural use for at 53.31least ten years unless the drained wetland is replaced as provided under this section. The 53.32local government unit may require the deed restriction if it determines the wetland area 53.33drained is at risk of conversion to a nonagricultural use within ten years based on the 53.34zoning classification, proximity to a municipality or full service road, or other criteria as 53.35determined by the local government unit.54.1    (e) Restoration and replacement of wetlands must be accomplished in accordance 54.2with the ecology of the landscape area affected and ponds that are created primarily to 54.3fulfill stormwater management, and water quality treatment requirements may not be 54.4used to satisfy replacement requirements under this chapter unless the design includes 54.5pretreatment of runoff and the pond is functioning as a wetland.54.6    (e) (f) Except as provided in paragraph (f) (g), for a wetland or public waters wetland 54.7located on nonagricultural land, replacement must be in the ratio of two acres of replaced 54.8wetland for each acre of drained or filled wetland.54.9    (f) (g) For a wetland or public waters wetland located on agricultural land or in a 54.10greater than 80 percent area, replacement must be in the ratio of one acre of replaced 54.11wetland for each acre of drained or filled wetland.54.12    (g) (h) Wetlands that are restored or created as a result of an approved replacement 54.13plan are subject to the provisions of this section for any subsequent drainage or filling.54.14    (h) (i) Except in a greater than 80 percent area, only wetlands that have been 54.15restored from previously drained or filled wetlands, wetlands created by excavation in 54.16nonwetlands, wetlands created by dikes or dams along public or private drainage ditches, 54.17or wetlands created by dikes or dams associated with the restoration of previously drained 54.18or filled wetlands may be used in a statewide banking program established in rules adopted 54.19under section 
         103G.2242, subdivision 1. Modification or conversion of nondegraded 54.20naturally occurring wetlands from one type to another are not eligible for enrollment in a 54.21statewide wetlands bank. 54.22    (i) (j) The Technical Evaluation Panel established under section 
         103G.2242, 54.23subdivision 2
         , shall ensure that sufficient time has occurred for the wetland to develop 54.24wetland characteristics of soils, vegetation, and hydrology before recommending that the 54.25wetland be deposited in the statewide wetland bank. If the Technical Evaluation Panel has 54.26reason to believe that the wetland characteristics may change substantially, the panel shall 54.27postpone its recommendation until the wetland has stabilized. 54.28    (j) (k) This section and sections 
         103G.223 to 
         103G.2242, 
         103G.2364, and 54.29103G.2365
          apply to the state and its departments and agencies. 54.30    (k) (l) For projects involving draining or filling of wetlands associated with a new 54.31public transportation project, and for projects expanded solely for additional traffic 54.32capacity, public transportation authorities may purchase credits from the board at the cost 54.33to the board to establish credits. Proceeds from the sale of credits provided under this 54.34paragraph are appropriated to the board for the purposes of this paragraph.54.35    (l) (m) A replacement plan for wetlands is not required for individual projects that 54.36result in the filling or draining of wetlands for the repair, rehabilitation, reconstruction, 55.1or replacement of a currently serviceable existing state, city, county, or town public road 55.2necessary, as determined by the public transportation authority, to meet state or federal 55.3design or safety standards or requirements, excluding new roads or roads expanded solely 55.4for additional traffic capacity lanes. This paragraph only applies to authorities for public 55.5transportation projects that:55.6    (1) minimize the amount of wetland filling or draining associated with the project 55.7and consider mitigating important site-specific wetland functions on-site;55.8    (2) except as provided in clause (3), submit project-specific reports to the board, the 55.9Technical Evaluation Panel, the commissioner of natural resources, and members of the 55.10public requesting a copy at least 30 days prior to construction that indicate the location, 55.11amount, and type of wetlands to be filled or drained by the project or, alternatively, 55.12convene an annual meeting of the parties required to receive notice to review projects to 55.13be commenced during the upcoming year; and55.14    (3) for minor and emergency maintenance work impacting less than 10,000 square 55.15feet, submit project-specific reports, within 30 days of commencing the activity, to the 55.16board that indicate the location, amount, and type of wetlands that have been filled 55.17or drained.55.18    Those required to receive notice of public transportation projects may appeal 55.19minimization, delineation, and on-site mitigation decisions made by the public 55.20transportation authority to the board according to the provisions of section 
         103G.2242, 55.21subdivision 9
         . The Technical Evaluation Panel shall review minimization and delineation 55.22decisions made by the public transportation authority and provide recommendations 55.23regarding on-site mitigation if requested to do so by the local government unit, a 55.24contiguous landowner, or a member of the Technical Evaluation Panel. 55.25    Except for state public transportation projects, for which the state Department of 55.26Transportation is responsible, the board must replace the wetlands, and wetland areas of 55.27public waters if authorized by the commissioner or a delegated authority, drained or filled 55.28by public transportation projects on existing roads.55.29    Public transportation authorities at their discretion may deviate from federal and 55.30state design standards on existing road projects when practical and reasonable to avoid 55.31wetland filling or draining, provided that public safety is not unreasonably compromised. 55.32The local road authority and its officers and employees are exempt from liability for 55.33any tort claim for injury to persons or property arising from travel on the highway and 55.34related to the deviation from the design standards for construction or reconstruction under 55.35this paragraph. This paragraph does not preclude an action for damages arising from 55.36negligence in construction or maintenance on a highway.56.1    (m) (n) If a landowner seeks approval of a replacement plan after the proposed 56.2project has already affected the wetland, the local government unit may require the 56.3landowner to replace the affected wetland at a ratio not to exceed twice the replacement 56.4ratio otherwise required.56.5    (n) (o) A local government unit may request the board to reclassify a county or 56.6watershed on the basis of its percentage of presettlement wetlands remaining. After 56.7receipt of satisfactory documentation from the local government, the board shall change 56.8the classification of a county or watershed. If requested by the local government unit, 56.9the board must assist in developing the documentation. Within 30 days of its action to 56.10approve a change of wetland classifications, the board shall publish a notice of the change 56.11in the Environmental Quality Board Monitor.56.12    (o) (p) One hundred citizens who reside within the jurisdiction of the local 56.13government unit may request the local government unit to reclassify a county or watershed 56.14on the basis of its percentage of presettlement wetlands remaining. In support of their 56.15petition, the citizens shall provide satisfactory documentation to the local government unit. 56.16The local government unit shall consider the petition and forward the request to the board 56.17under paragraph (n) (o) or provide a reason why the petition is denied.56.18EFFECTIVE DATE.This section is effective the day following final enactment.56.19    Sec. 49. Minnesota Statutes 2006, section 103G.222, subdivision 3, is amended to read:56.20    Subd. 3. Wetland replacement siting. (a) Siting wetland replacement must follow 56.21this priority order:56.22    (1) on site or in the same minor watershed as the affected wetland;56.23    (2) in the same watershed as the affected wetland;56.24    (3) in the same county as the affected wetland;56.25    (4) for replacement by wetland banking, in the same wetland bank service area as 56.26the impacted wetland, except that impacts in a 50 to 80 percent area must be replaced in 56.27a 50 to 80 percent area and impacts in a less than 50 percent area must be replaced in a 56.28less than 50 percent area;56.29    (5) for project specific replacement, in an adjacent watershed or county to the 56.30affected wetland, or for replacement by wetland banking, in an adjacent wetland bank 56.31service area, except that impacts in a 50 to 80 percent area must be replaced in a 50 to 56.3280 percent area and impacts in a less than 50 percent area must be replaced in a less 56.33than 50 percent area; and56.34    (5) (6) statewide, only for wetlands affected in greater than 80 percent areas and for 56.35public transportation projects, except that wetlands affected in less than 50 percent areas 57.1must be replaced in less than 50 percent areas, and wetlands affected in the seven-county 57.2metropolitan area must be replaced at a ratio of two to one in: (i) the affected county or, 57.3(ii) in another of the seven metropolitan counties, or (iii) in one of the major watersheds 57.4that are wholly or partially within the seven-county metropolitan area, but at least one to 57.5one must be replaced within the seven-county metropolitan area.57.6    (b) Notwithstanding paragraph (a), siting wetland replacement in greater than 80 57.7percent areas may follow the priority order under this paragraph: (1) by wetland banking 57.8after evaluating on-site replacement and replacement within the watershed; (2) replaced 57.9in an adjacent wetland bank service area if wetland bank credits are not reasonably 57.10available in the same wetland bank service area as the affected wetland, as determined 57.11by the local government unit or by a comprehensive inventory approved by the board; 57.12and (3) statewide.57.13    (c) Notwithstanding paragraph (a), siting wetland replacement in the seven-county 57.14metropolitan area must follow the priority order under this paragraph: (1) in the affected 57.15county; (2) in another of the seven metropolitan counties; or (3) in one of the major 57.16watersheds that are wholly or partially within the seven-county metropolitan area, but at 57.17least one to one must be replaced within the seven-county metropolitan area.57.18    (d) The exception in paragraph (a), clause (5) (6), does not apply to replacement 57.19completed using wetland banking credits established by a person who submitted a 57.20complete wetland banking application to a local government unit by April 1, 1996.57.21    (c) (e) When reasonable, practicable, and environmentally beneficial replacement 57.22opportunities are not available in siting priorities listed in paragraph (a), the applicant 57.23may seek opportunities at the next level.57.24    (d) (f) For the purposes of this section, "reasonable, practicable, and environmentally 57.25beneficial replacement opportunities" are defined as opportunities that:57.26    (1) take advantage of naturally occurring hydrogeomorphological conditions and 57.27require minimal landscape alteration;57.28    (2) have a high likelihood of becoming a functional wetland that will continue 57.29in perpetuity;57.30    (3) do not adversely affect other habitat types or ecological communities that are 57.31important in maintaining the overall biological diversity of the area; and57.32    (4) are available and capable of being done after taking into consideration cost, 57.33existing technology, and logistics consistent with overall project purposes.57.34    (e) (g) Regulatory agencies, local government units, and other entities involved in 57.35wetland restoration shall collaborate to identify potential replacement opportunities within 57.36their jurisdictional areas.58.1EFFECTIVE DATE.This section is effective the day following final enactment.58.2    Sec. 50. Minnesota Statutes 2006, section 103G.2241, subdivision 1, is amended to 58.3read:58.4    Subdivision 1. Agricultural activities.(a) A replacement plan for wetlands is 58.5not required for:58.6    (1) activities in a wetland that was planted with annually seeded crops, was in a crop 58.7rotation seeding of pasture grass or legumes, or was required to be set aside to receive 58.8price support or other payments under United States Code, title 7, sections 1421 to 1469, 58.9in six of the last ten years prior to January 1, 1991;58.10    (2) activities in a wetland that is or has been enrolled in the federal conservation 58.11reserve program under United States Code, title 16, section 3831, that:58.12    (i) was planted with annually seeded crops, was in a crop rotation seeding, or was 58.13required to be set aside to receive price support or payment under United States Code, 58.14title 7, sections 1421 to 1469, in six of the last ten years prior to being enrolled in the 58.15program; and58.16    (ii) has not been restored with assistance from a public or private wetland restoration 58.17program;58.18    (3) activities in a wetland that has received a commenced drainage determination 58.19provided for by the federal Food Security Act of 1985, that was made to the county 58.20Agricultural Stabilization and Conservation Service office prior to September 19, 1988, 58.21and a ruling and any subsequent appeals or reviews have determined that drainage of the 58.22wetland had been commenced prior to December 23, 1985;58.23    (4) activities in a type 1 wetland on agricultural land, except for bottomland 58.24hardwood type 1 wetlands, and activities in a type 2 or type 6 wetland that is less than two 58.25acres in size and located on agricultural land;58.26    (1) activities in a wetland conducted as part of normal farming practices. For 58.27purposes of this clause, "normal farming practices" means farming, silvicultural, grazing, 58.28and ranching activities such as plowing, seeding, cultivating, and harvesting for the 58.29production of feed, food, fuel, fiber, and forest products, but does not include activities 58.30that result in the draining or filling of wetlands in whole or part;58.31    (2) soil and water conservation practices approved by the soil and water conservation 58.32district, after review by the Technical Evaluation Panel;58.33    (5) (3) aquaculture activities including pond excavation and construction and 58.34maintenance of associated access roads and dikes authorized under, and conducted in 58.35accordance with, a permit issued by the United States Army Corps of Engineers under 59.1section 404 of the federal Clean Water Act, United States Code, title 33, section 1344, but 59.2not including construction or expansion of buildings; or59.3    (6) (4) wild rice production activities, including necessary diking and other activities 59.4authorized under a permit issued by the United States Army Corps of Engineers under 59.5section 404 of the federal Clean Water Act, United States Code, title 33, section 1344;.59.6    (7) normal agricultural practices to control noxious or secondary weeds as defined 59.7by rule of the commissioner of agriculture, in accordance with applicable requirements 59.8under state and federal law, including established best management practices; and59.9    (8) agricultural activities in a wetland that is on agricultural land:59.10    (i) annually enrolled in the federal Agriculture Improvement and Reform Act of 59.111996 and is subject to United States Code, title 16, sections 3821 to 3823, in effect on 59.12January 1, 2000; or59.13    (ii) subject to subsequent federal farm program restrictions that meet minimum 59.14state standards under this chapter and sections 103A.202 and 103B.3355 and that have 59.15been approved by the Board of Water and Soil Resources, the commissioners of natural 59.16resources and agriculture, and the Pollution Control Agency. 59.17    (b) Land enrolled in a federal farm program under paragraph (a), clause (8), is 59.18eligible for easement participation for those acres not already compensated under a federal 59.19program.59.20    (c) The exemption under paragraph (a), clause (4), may be expanded to additional 59.21acreage, including types 1, 2, and 6 wetlands that are part of a larger wetland system, when 59.22the additional acreage is part of a conservation plan approved by the local soil and water 59.23conservation district, the additional draining or filling is necessary for efficient operation 59.24of the farm, the hydrology of the larger wetland system is not adversely affected, and 59.25wetlands other than types 1, 2, and 6 are not drained or filled.59.26EFFECTIVE DATE.This section is effective the day following final enactment.59.27    Sec. 51. Minnesota Statutes 2006, section 103G.2241, subdivision 2, is amended to 59.28read:59.29    Subd. 2. Drainage. (a) For the purposes of this subdivision, "public drainage 59.30system" means a drainage system as defined in section 
         103E.005, subdivision 12, and any 59.31ditch or tile lawfully connected to the drainage system. If wetlands drained under this 59.32subdivision are converted to uses prohibited under paragraph (b), clause (2), during the 59.33ten-year period following drainage, the wetlands must be replaced according to section 59.34103G.222.60.1    (b) A replacement plan is not required for draining of type 1 wetlands, or up to five 60.2acres of type 2 or 6 wetlands, in an unincorporated area on land that has been assessed 60.3drainage benefits for a public drainage system, provided that:60.4    (1) during the 20-year period that ended January 1, 1992:60.5    (i) there was an expenditure made from the drainage system account for the public 60.6drainage system;60.7    (ii) the public drainage system was repaired or maintained as approved by the 60.8drainage authority; or60.9    (iii) no repair or maintenance of the public drainage system was required under 60.10section 
         103E.705, subdivision 1, as determined by the public drainage authority; and 60.11    (2) the wetlands are not drained for conversion to:60.12    (i) platted lots;60.13    (ii) planned unit, commercial, or industrial developments; or60.14    (iii) any development with more than one residential unit per 40 acres.60.15If wetlands drained under this paragraph are converted to uses prohibited under clause 60.16(2) during the ten-year period following drainage, the wetlands must be replaced under 60.17section 103G.222. 60.18    (c) A replacement plan is not required for draining or filling of wetlands, except for 60.19draining types 3, 4, and 5 wetlands that have been in existence for more than 25 years, 60.20resulting from maintenance and repair of existing public drainage systems.60.21    (d) A replacement plan is not required for draining or filling of wetlands, except 60.22for draining wetlands that have been in existence for more than 25 years, resulting from 60.23maintenance and repair of existing drainage systems other than public drainage systems.60.24    (e) A replacement plan is not required for draining or filling of wetlands resulting 60.25from activities conducted as part of a public drainage system improvement project that 60.26received final approval from the drainage authority before July 1, 1991, and after July 1, 60.271986, if:60.28    (1) the approval remains valid;60.29    (2) the project remains active; and60.30    (3) no additional drainage will occur beyond that originally approved.60.31    (e) A replacement plan is not required for draining agricultural land that: (1) was 60.32planted with annually seeded crops before June 10, except for crops that are normally 60.33planted after that date, in eight out of the ten most recent years prior to the impact; (2) 60.34was in a crop rotation seeding of pasture grass or legumes in eight out of the ten most 60.35recent years prior to the impact; or (3) was enrolled in a state or federal land conservation 60.36program and met the requirements of clause (1) or (2) before enrollment.61.1    (f) The public drainage authority may, as part of the repair, install control structures, 61.2realign the ditch, construct dikes along the ditch, or make other modifications as necessary 61.3to prevent drainage of the wetland.61.4    (g) Wetlands of all types that would be drained as a part of a public drainage repair 61.5project are eligible for the permanent wetlands preserve under section 
         103F.516. The 61.6board shall give priority to acquisition of easements on types 3, 4, and 5 wetlands that have 61.7been in existence for more than 25 years on public drainage systems and other wetlands 61.8that have the greatest risk of drainage from a public drainage repair project. 61.9EFFECTIVE DATE.This section is effective the day following final enactment.61.10    Sec. 52. Minnesota Statutes 2006, section 103G.2241, subdivision 3, is amended to 61.11read:61.12    Subd. 3. Federal approvals. A replacement plan for wetlands is not required for:61.13    (1) activities exempted from federal regulation under United States Code, title 33, 61.14section 1344(f), as in effect on January 1, 1991;61.15    (2) activities authorized under, and conducted in accordance with, an applicable 61.16general permit issued by the United States Army Corps of Engineers under section 404 61.17of the federal Clean Water Act, United States Code, title 33, section 1344, except the 61.18nationwide permit in Code of Federal Regulations, title 33, section 330.5, paragraph (a), 61.19clauses (14), limited to when a new road crosses a wetland, and (26), as in effect on 61.20January 1, 1991; or61.21    (3) activities authorized under the federal Clean Water Act, section 404, or the 61.22Rivers and Harbors Act, section 10, regulations that meet minimum state standards 61.23under this chapter and sections 
         103A.202 and 
         103B.3355 and that have been approved 61.24by the Board of Water and Soil Resources, the commissioners of natural resources and 61.25agriculture, and the Pollution Control Agency. 61.26EFFECTIVE DATE.This section is effective the day following final enactment.61.27    Sec. 53. Minnesota Statutes 2006, section 103G.2241, subdivision 6, is amended to 61.28read:61.29    Subd. 6. Utilities; public works.(a) A replacement plan for wetlands is not 61.30required for:61.31    (1) placement, maintenance, repair, enhancement, or replacement of utility or 61.32utility-type service if:62.1    (i) the impacts of the proposed project on the hydrologic and biological 62.2characteristics of the wetland have been avoided and minimized to the extent possible; and62.3    (ii) the proposed project significantly modifies or alters less than one-half acre of 62.4wetlands;62.5    (2) activities associated with routine maintenance of utility and pipeline 62.6rights-of-way, provided the activities do not result in additional intrusion into the wetland;62.7    (3) alteration of a wetland associated with the operation, maintenance, or repair of 62.8an interstate pipeline within all existing or acquired interstate pipeline rights-of-way;62.9    (4) emergency repair and normal maintenance and repair of existing public works, 62.10provided the activity does not result in additional intrusion of the public works into the 62.11wetland and does not result in the draining or filling, wholly or partially, of a wetland;62.12    (5) normal maintenance and minor repair of structures causing no additional 62.13intrusion of an existing structure into the wetland, and maintenance and repair of private 62.14crossings that do not result in the draining or filling, wholly or partially, of a wetland; or62.15    (6) repair and updating of existing individual sewage treatment systems as necessary 62.16to comply with local, state, and federal regulations.62.17    (1) new placement or maintenance, repair, enhancement, or replacement of existing 62.18utility or utility-type service, including pipelines, if:62.19    (i) the direct and indirect impacts of the proposed project have been avoided and 62.20minimized to the extent possible; and62.21    (ii) the proposed project significantly modifies or alters less than one-half acre of 62.22wetlands;62.23    (2) activities associated with operation, routine maintenance, or emergency repair of 62.24existing utilities and public work structures, including pipelines, provided the activities 62.25do not result in additional wetland intrusion or additional draining or filling of a wetland 62.26either wholly or partially; or62.27    (3) repair and updating of existing individual sewage treatment systems necessary to 62.28comply with local, state, and federal regulations.62.29    (b) For maintenance, repair, and replacement, the local government unit may issue 62.30a seasonal or annual exemption certification or the utility may proceed without local 62.31government unit certification if the utility is carrying out the work according to approved 62.32best management practices. Work of an emergency nature may proceed as necessary 62.33and any drain or fill activities shall be addressed with the local government unit after 62.34the emergency work has been completed.62.35EFFECTIVE DATE.This section is effective the day following final enactment.63.1    Sec. 54. Minnesota Statutes 2006, section 103G.2241, subdivision 9, is amended to 63.2read:63.3    Subd. 9. De minimis. (a) Except as provided in paragraphs (b) and (c), a 63.4replacement plan for wetlands is not required for draining or filling the following amounts 63.5of wetlands as part of a project:63.6    (1) 10,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and 63.7tamarack wetlands, outside of the shoreland wetland protection zone in a greater than 63.880 percent area;63.9    (2) 5,000 2,500 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar 63.10and tamarack wetlands, outside of the shoreland wetland protection zone in a 50 to 80 63.11percent area;63.12    (3) 2,000 1,000 square feet of type 1, 2, or 6 wetland, outside of the shoreland 63.13wetland protection zone in a less than 50 percent area;63.14    (4) 400100 square feet of wetland types not listed in clauses (1) to (3) outside of 63.15the building setback zone of the shoreland wetland protection zones in all counties; or63.16    (5) 400 square feet of type 1, 2, 3, 4, 5, 6, 7, or 8 wetland types listed in clauses (1) 63.17to (3), in beyond the building setback zone, as defined in the local shoreland management 63.18ordinance, but within the shoreland wetland protection zone, except that. In a greater 63.19than 80 percent area, the local government unit may increase the de minimis amount 63.20up to 1,000 square feet in the shoreland protection zone in areas beyond the building 63.21setback if the wetland is isolated and is determined to have no direct surficial connection 63.22to the public water. To the extent that a local shoreland management ordinance is more 63.23restrictive than this provision, the local shoreland ordinance applies; or63.24    (6) up to 20 square feet of wetland, regardless of type or location.63.25    (b) The amounts listed in paragraph (a), clauses (1) to (5) (6), may not be combined 63.26on a project.63.27    (c) This exemption no longer applies to a landowner's portion of a wetland when 63.28the cumulative area drained or filled of the landowner's portion since January 1, 1992, is 63.29the greatest of:63.30    (1) the applicable area listed in paragraph (a), if the landowner owns the entire 63.31wetland;63.32    (2) five percent of the landowner's portion of the wetland; or63.33    (3) 400 square feet.63.34    (d) This exemption may not be combined with another exemption in this section on 63.35a project.63.36    (e) Property may not be divided to increase the amounts listed in paragraph (a).64.1EFFECTIVE DATE.This section is effective the day following final enactment.64.2    Sec. 55. Minnesota Statutes 2006, section 103G.2241, subdivision 11, is amended to 64.3read:64.4    Subd. 11. Exemption conditions. (a) A person conducting an activity in a wetland 64.5under an exemption in subdivisions 1 to 10 shall ensure that:64.6    (1) appropriate erosion control measures are taken to prevent sedimentation of 64.7the water;64.8    (2) the activity does not block fish passage in a watercourse; and64.9    (3) the activity is conducted in compliance with all other applicable federal, 64.10state, and local requirements, including best management practices and water resource 64.11protection requirements established under chapter 103H.64.12    (b) An activity is exempt if it qualifies for any one of the exemptions, even though it 64.13may be indicated as not exempt under another exemption.64.14    (c) Persons proposing to conduct an exempt activity are encouraged to contact the 64.15local government unit or the local government unit's designee for advice on minimizing 64.16wetland impacts.64.17    (d) The board shall develop rules that address the application and implementation 64.18of exemptions and that provide for estimates and reporting of exempt wetland impacts, 64.19including those in section 103G.2241, subdivisions 2, 6, and 9.64.20EFFECTIVE DATE.This section is effective the day following final enactment.64.21    Sec. 56. Minnesota Statutes 2006, section 103G.2242, subdivision 2, is amended to 64.22read:64.23    Subd. 2. Evaluation. (a) Questions concerning the public value, location, size, 64.24or type of a wetland shall be submitted to and determined by a Technical Evaluation 64.25Panel after an on-site inspection. The Technical Evaluation Panel shall be composed of 64.26a technical professional employee of the board, a technical professional employee of 64.27the local soil and water conservation district or districts, a technical professional with 64.28expertise in water resources management appointed by the local government unit, and 64.29a technical professional employee of the Department of Natural Resources for projects 64.30affecting public waters or wetlands adjacent to public waters. The panel shall use the 64.31"United States Army Corps of Engineers Wetland Delineation Manual" (January 1987), 64.32including updates, supplementary guidance, and replacements, if any, "Wetlands of 64.33the United States" (United States Fish and Wildlife Service Circular 39, 1971 edition), 64.34and "Classification of Wetlands and Deepwater Habitats of the United States" (1979 65.1edition). The panel shall provide the wetland determination and recommendations on 65.2other technical matters to the local government unit that must approve a replacement 65.3plan, wetland banking plan, exemption determination, no-loss determination, or wetland 65.4boundary or type determination and may recommend approval or denial of the plan. The 65.5authority must consider and include the decision of the Technical Evaluation Panel in their 65.6approval or denial of a plan or determination.65.7    (b) Persons conducting wetland or public waters boundary delineations or type 65.8determinations are exempt from the requirements of chapter 326. By January 15, 2001, 65.9the board, in consultation with the Minnesota Association of Professional Soil Scientists, 65.10the University of Minnesota, and the Wetland Delineators' Association, shall submit a plan 65.11for a professional wetland delineator certification program to the legislature. The board 65.12may develop a professional wetland delineator certification program.65.13EFFECTIVE DATE.This section is effective the day following final enactment.65.14    Sec. 57. Minnesota Statutes 2006, section 103G.2242, subdivision 2a, is amended to 65.15read:65.16    Subd. 2a. Wetland boundary or type determination. (a) A landowner may apply 65.17for a wetland boundary or type determination from the local government unit. The 65.18landowner applying for the determination is responsible for submitting proof necessary 65.19to make the determination, including, but not limited to, wetland delineation field data, 65.20observation well data, topographic mapping, survey mapping, and information regarding 65.21soils, vegetation, hydrology, and groundwater both within and outside of the proposed 65.22wetland boundary.65.23    (b) A local government unit that receives an application under paragraph (a) may 65.24seek the advice of the Technical Evaluation Panel as described in subdivision 2, and, if 65.25necessary, expand the Technical Evaluation Panel. The local government unit may delegate 65.26the decision authority for wetland boundary or type determinations with the zoning 65.27administrator to designated staff, or establish other procedures it considers appropriate.65.28    (c) The local government unit decision must be made in compliance with section 65.2915.99
         . Within ten calendar days of the decision, the local government unit decision must 65.30be mailed to the landowner, members of the Technical Evaluation Panel, the watershed 65.31district or watershed management organization, if one exists, and individual members of 65.32the public who request a copy. 65.33    (d) Appeals of decisions made by designated local government staff must be made 65.34to the local government unit. Notwithstanding any law to the contrary, a ruling on an 66.1appeal must be made by the local government unit within 30 days from the date of the 66.2filing of the appeal.66.3    (e) The local government unit decision is valid for three years unless the Technical 66.4Evaluation Panel determines that natural or artificial changes to the hydrology, vegetation, 66.5or soils of the area have been sufficient to alter the wetland boundary or type.66.6EFFECTIVE DATE.This section is effective the day following final enactment.66.7    Sec. 58. Minnesota Statutes 2006, section 103G.2242, subdivision 9, is amended to 66.8read:66.9    Subd. 9. Appeal. (a) Appeal of a replacement plan, exemption, wetland banking, 66.10wetland boundary or type determination, or no-loss decision, or restoration order may 66.11be obtained by mailing a petition and payment of a filing fee of $200, which shall be 66.12retained by the board to defray administrative costs, to the board within 30 days after the 66.13postmarked date of the mailing specified in subdivision 7. If appeal is not sought within 66.1430 days, the decision becomes final. The local government unit may require the petitioner 66.15to post a letter of credit, cashier's check, or cash in an amount not to exceed $500. If the 66.16petition for hearing is accepted, the amount posted must be returned to the petitioner. 66.17Appeal may be made by:66.18    (1) the wetland owner;66.19    (2) any of those to whom notice is required to be mailed under subdivision 7; or66.20    (3) 100 residents of the county in which a majority of the wetland is located.66.21    (b) Within 30 days after receiving a petition, the board shall decide whether to 66.22grant the petition and hear the appeal. The board shall grant the petition unless the board 66.23finds that:66.24    (1) the appeal is meritless, trivial, or brought solely for the purposes of delay;66.25    (2) the petitioner has not exhausted all local administrative remedies;66.26    (3) expanded technical review is needed;66.27    (4) the local government unit's record is not adequate; or66.28    (5) the petitioner has not posted a letter of credit, cashier's check, or cash if required 66.29by the local government unit.66.30    (c) In determining whether to grant the appeal, the board shall also consider the 66.31size of the wetland, other factors in controversy, any patterns of similar acts by the local 66.32government unit or petitioner, and the consequences of the delay resulting from the appeal.66.33    (d) All appeals must be heard by the committee for dispute resolution of the board, 66.34and a decision made within 60 days of filing the local government unit's record and the 66.35written briefs submitted for the appeal. The decision must be served by mail on the parties 67.1to the appeal, and is not subject to the provisions of chapter 14. A decision whether to 67.2grant a petition for appeal and a decision on the merits of an appeal must be considered the 67.3decision of an agency in a contested case for purposes of judicial review under sections 67.414.63
          to 
         14.69. 67.5    (e) Notwithstanding section 16A.1283, the board shall establish a fee schedule to 67.6defray the administrative costs of appeals made to the board under this subdivision. Fees 67.7established under this authority shall not exceed $1,000. Establishment of the fee is not 67.8subject to the rulemaking process of chapter 14 and section 14.386 does not apply.67.9EFFECTIVE DATE.This section is effective the day following final enactment.67.10    Sec. 59. Minnesota Statutes 2006, section 103G.2242, subdivision 12, is amended to 67.11read:67.12    Subd. 12. Replacement credits. (a) No public or private wetland restoration, 67.13enhancement, or construction may be allowed for replacement unless specifically 67.14designated for replacement and paid for by the individual or organization performing the 67.15wetland restoration, enhancement, or construction, and is completed prior to any draining 67.16or filling of the wetland.67.17    (b) Paragraph (a) does not apply to a wetland whose owner has paid back with 67.18interest the individual or organization restoring, enhancing, or constructing the wetland.67.19    (c) Notwithstanding section 
         103G.222, subdivision 1, paragraph (h) (i), the 67.20following actions, and others established in rule, that are consistent with criteria in rules 67.21adopted by the board in conjunction with the commissioners of natural resources and 67.22agriculture, are eligible for replacement credit as determined by the local government unit, 67.23including enrollment in a statewide wetlands bank: 67.24    (1) reestablishment of permanent native, noninvasive vegetative cover on a wetland 67.25on agricultural land that was planted with annually seeded crops, was in a crop rotation 67.26seeding of pasture grasses or legumes, or was in a land retirement program during the 67.27past ten years;67.28    (2) buffer areas of permanent native, noninvasive vegetative cover established or 67.29preserved on upland adjacent to replacement wetlands;67.30    (3) wetlands restored for conservation purposes under terminated easements or 67.31contracts; and67.32    (4) water quality treatment ponds constructed to pretreat storm water runoff prior 67.33to discharge to wetlands, public waters, or other water bodies, provided that the water 67.34quality treatment ponds must be associated with an ongoing or proposed project that 67.35will impact a wetland and replacement credit for the treatment ponds is based on the 68.1replacement of wetland functions and on an approved stormwater management plan for 68.2the local government.68.3    (d) Notwithstanding section 
         103G.222, subdivision 1, paragraphs (e) (f) and (f) (g), 68.4the board may establish by rule different replacement ratios for restoration projects with 68.5exceptional natural resource value. 68.6EFFECTIVE DATE.This section is effective the day following final enactment.68.7    Sec. 60. Minnesota Statutes 2006, section 103G.2242, subdivision 15, is amended to 68.8read:68.9    Subd. 15. Fees paid to board. All fees established in subdivision subdivisions 9 68.10and 14 must be paid to the Board of Water and Soil Resources and credited to the general 68.11fund to be used for the purpose of administration of the wetland bank and to process 68.12appeals under section 103G.2242, subdivision 9.68.13EFFECTIVE DATE.This section is effective the day following final enactment.68.14    Sec. 61. Minnesota Statutes 2006, section 103G.2243, subdivision 2, is amended to 68.15read:68.16    Subd. 2. Plan contents. A comprehensive wetland protection and management 68.17plan may:68.18    (1) provide for classification of wetlands in the plan area based on:68.19    (i) an inventory of wetlands in the plan area;68.20    (ii) an assessment of the wetland functions listed in section 
         103B.3355, using a 68.21methodology chosen by the Technical Evaluation Panel from one of the methodologies 68.22established or approved by the board under that section; and 68.23    (iii) the resulting public values;68.24    (2) vary application of the sequencing standards in section 
         103G.222, subdivision 1, 68.25paragraph (b), for projects based on the classification and criteria set forth in the plan; 68.26    (3) vary the replacement standards of section 
         103G.222, subdivision 1, paragraphs 68.27(e) (f) and (f) (g), based on the classification and criteria set forth in the plan, for specific 68.28wetland impacts provided there is no net loss of public values within the area subject to 68.29the plan, and so long as: 68.30    (i) in a 50 to 80 percent area, a minimum acreage requirement of one acre of replaced 68.31wetland for each acre of drained or filled wetland requiring replacement is met within 68.32the area subject to the plan; and69.1    (ii) in a less than 50 percent area, a minimum acreage requirement of two acres of 69.2replaced wetland for each acre of drained or filled wetland requiring replacement is met 69.3within the area subject to the plan, except that replacement for the amount above a 1:1 69.4ratio can be accomplished as described in section 
         103G.2242, subdivision 12; and69.5    (4) in a greater than 80 percent area, allow replacement credit, based on the 69.6classification and criteria set forth in the plan, for any project that increases the public 69.7value of wetlands, including activities on adjacent upland acres; and.69.8    (5) in a greater than 80 percent area, based on the classification and criteria set forth 69.9in the plan, expand the application of the exemptions in section 103G.2241, subdivision 69.101, paragraph (a), clause (4), to also include nonagricultural land, provided there is no 69.11net loss of wetland values.69.12EFFECTIVE DATE.This section is effective the day following final enactment.69.13    Sec. 62. Minnesota Statutes 2006, section 103G.235, is amended to read:69.14103G.235 RESTRICTIONS ON ACCESS TO PUBLIC WATERS WETLANDS.69.15    Subdivision 1.Wetlands adjacent to roads. To protect the public health or safety, 69.16local units of government may by ordinance restrict public access to public waters 69.17wetlands from municipality, county, or township roads that abut public waters wetlands.69.18    Subd. 2.Privately restored or created wetlands.When a landowner creates a new 69.19wetland or restores a formerly existing wetland on private land that is adjacent to public 69.20land or a public road right-of-way, there is no public access to the created or restored 69.21wetland if posted by the landowner.69.22    Sec. 63. Minnesota Statutes 2006, section 103G.301, subdivision 2, is amended to read:69.23    Subd. 2. Permit application fees. (a) A permit application fee to defray the costs of 69.24receiving, recording, and processing the application must be paid for a permit authorized 69.25under this chapter and for each request to amend or transfer an existing permit.69.26    (b) The fee to apply for a permit to appropriate water by a nonpublic, nonagricultural 69.27irrigation applicant must be assessed to recover the reasonable costs of preparing and 69.28issuing the permit. Fees collected under this paragraph must be credited to an account in 69.29the natural resources fund and are appropriated to the commissioner.69.30    (b) (c) The fee to apply for a permit to appropriate water, other than a permit subject 69.31to the fee under paragraph (b); a permit to construct or repair a dam that is subject to dam 69.32safety inspection,; or a state general permit or to apply for the state water bank program is 69.33$150. The application fee for a permit to work in public waters or to divert waters for 70.1mining must be at least $150, but not more than $1,000, according to a schedule of fees 70.2adopted under section 
         16A.1285.70.3    Sec. 64. Minnesota Statutes 2006, section 115.55, subdivision 1, is amended to read:70.4    Subdivision 1. Definitions. (a) The definitions in this subdivision apply to sections 70.5115.55
          to 
         115.56. 70.6    (b) "Advisory committee" means the Advisory Committee on Individual Sewage 70.7Treatment Systems established under the individual sewage treatment system rules. The 70.8advisory committee must be appointed to ensure geographic representation of the state 70.9and include elected public officials.70.10    (c) "Applicable requirements" means:70.11    (1) local ordinances that comply with the individual sewage treatment system rules, 70.12as required in subdivision 2; or70.13    (2) in areas not subject to the ordinances described in clause (1), the individual 70.14sewage treatment system rules.70.15    (d) "City" means a statutory or home rule charter city.70.16    (e) "Commissioner" means the commissioner of the Pollution Control Agency.70.17    (f) "Dwelling" means a building or place used or intended to be used by human 70.18occupants as a single-family or two-family unit.70.19    (g) "Individual sewage treatment system" or "system" means a sewage treatment 70.20system, or part thereof, serving a dwelling, other establishment, or group thereof, that 70.21uses subsurface soil treatment and disposal.70.22    (h) "Individual sewage treatment system professional" means an inspector, installer, 70.23site evaluator or designer, or pumper.70.24    (i) "Individual sewage treatment system rules" means rules adopted by the agency 70.25that establish minimum standards and criteria for the design, location, installation, use, 70.26and maintenance of individual sewage treatment systems.70.27    (j) "Inspector" means a person who inspects individual sewage treatment systems for 70.28compliance with the applicable requirements.70.29    (k) "Installer" means a person who constructs or repairs individual sewage treatment 70.30systems.70.31    (l) "Local unit of government" means a township, city, or county.70.32    (m) "Performance-based system" means a system that is designed specifically for a 70.33site and the environmental conditions on that site and designed to adequately protect the 70.34public health and the environment and provide long-term performance. At a minimum, a 71.1performance based system must ensure that applicable water quality standards are met in 71.2both ground and surface water that ultimately receive the treated wastewater. 71.3    (n) "Pumper" means a person who maintains components of individual sewage 71.4treatment systems including, but not limited to, septic, aerobic, and holding tanks.71.5    (n) (o) "Seasonal dwelling" means a dwelling that is occupied or used for less than 71.6180 days per year and less than 120 consecutive days.71.7    (o) (p) "Septic system tank" means any covered receptacle designed, constructed, 71.8and installed as part of an individual sewage treatment system.71.9    (p) (q) "Site evaluator or designer" means a person who:71.10    (1) investigates soils and site characteristics to determine suitability, limitations, and 71.11sizing requirements; and71.12    (2) designs individual sewage treatment systems.71.13    (q) (r) "Straight-pipe system" means a sewage disposal system that includes toilet 71.14waste and transports raw or partially settled sewage directly to a lake, a stream, a drainage 71.15system, or ground surface.71.16    Sec. 65. Minnesota Statutes 2006, section 115.55, subdivision 2, is amended to read:71.17    Subd. 2. Local ordinances. (a) All counties that did not adopt ordinances by 71.18May 7, 1994, or that do not have ordinances, must adopt ordinances that comply with 71.19revisions to the individual sewage treatment system rules by January 1, 1999, unless all 71.20towns and cities in the county have adopted such ordinances within two years of the final 71.21adoption by the agency. County ordinances must apply to all areas of the county other 71.22than cities or towns that have adopted ordinances that comply with this section and are 71.23as strict as the applicable county ordinances. Any ordinance adopted by a local unit of 71.24government before May 7, 1994, to regulate individual sewage treatment systems must be 71.25in compliance with the individual sewage treatment system rules by January 1, 1998.71.26    (b) A copy of each ordinance adopted under this subdivision must be submitted to 71.27the commissioner upon adoption.71.28    (c) A local unit of government must make available to the public upon request a 71.29written list of any differences between its ordinances and rules adopted under this section.71.30    Sec. 66. Minnesota Statutes 2006, section 115.55, subdivision 3, is amended to read:71.31    Subd. 3. Rules. (a) The agency shall adopt rules containing minimum standards and 71.32criteria for the design, location, installation, use, and maintenance of individual sewage 71.33treatment systems. The rules must include:71.34    (1) how the agency will ensure compliance under subdivision 2;72.1    (2) how local units of government shall enforce ordinances under subdivision 2, 72.2including requirements for permits and inspection programs;72.3    (3) how the advisory committee will participate in review and implementation of 72.4the rules;72.5    (4) provisions for alternative nonstandard  systems and performance-based systems;72.6    (5) provisions for handling and disposal of effluent;72.7    (6) provisions for system abandonment; and72.8    (7) procedures for variances, including the consideration of variances based on cost 72.9and variances that take into account proximity of a system to other systems.72.10    (b) The agency shall consult with the advisory committee before adopting rules 72.11under this subdivision.72.12    (c) Notwithstanding the repeal of the agency rule under which the commissioner 72.13has established a list of warrantied individual sewage treatment systems, the warranties 72.14for all systems so listed as of the effective date of the repeal shall continue to be valid 72.15for the remainder of the warranty period.72.16    (d) The rules required in paragraph (a) must also address the following:72.17    (1) a definition of redoximorphic features and other criteria that can be used by 72.18system designers and inspectors;72.19    (2) direction on the interpretation of observed soil features that may be 72.20redoximorphic and their relation to zones of seasonal saturation; and72.21    (3) procedures on how to resolve professional disagreements on seasonally saturated 72.22soils.72.23These rules must be in place by March 31, 2006.72.24    Sec. 67. Minnesota Statutes 2006, section 115.55, is amended by adding a subdivision 72.25to read:72.26    Subd. 12.Advisory committee; county individual sewage treatment system 72.27management plan.(a) A county may adopt an individual sewage treatment system 72.28management plan that describes how the county plans on carrying out individual sewage 72.29treatment system needs. The commissioner of the Pollution Control Agency shall form an 72.30advisory committee to determine what the plans should address. The advisory committee 72.31shall be made up of representatives of the Association of Minnesota Counties, Pollution 72.32Control Agency, Board of Water and Soil Resources, Department of Health, and other 72.33public agencies that have an interest in individual sewage treatment systems.72.34    (b) The advisory committee shall advise the agency on the standards, management, 72.35monitoring, and reporting requirements for performance-based systems.73.1    Sec. 68. Minnesota Statutes 2006, section 116C.92, is amended to read:73.2116C.92 COORDINATION OF ACTIVITIES.73.3    Subdivision 1.State coordinating organization. The Environmental Quality Board 73.4is designated the state coordinating organization for state and federal regulatory activities 73.5relating to genetically engineered organisms.73.6    Subd. 2.Notice of nationwide action.The board shall notify interested parties if a 73.7permit to release genetically engineered wild rice is issued anywhere in the United States. 73.8For purposes of this subdivision, "interested parties" means:73.9    (1) the state's wild rice industry;73.10    (2) the legislature;73.11    (3) federally recognized tribes within Minnesota; and73.12    (4) individuals who request to be notified.73.13    Sec. 69. Minnesota Statutes 2006, section 116C.94, subdivision 1, is amended to read:73.14    Subdivision 1. General authority.(a) Except as provided in paragraph (b), the 73.15board shall adopt rules consistent with sections 
         116C.91 to 
         116C.96 that require an 73.16environmental assessment worksheet and otherwise comply with chapter 116D and rules 73.17adopted under it for a proposed release and a permit for a release. The board may place 73.18conditions on a permit and may deny, modify, suspend, or revoke a permit. 73.19    (b) The board shall adopt rules that require an environmental impact statement and 73.20otherwise comply with chapter 116D and rules adopted under it for a proposed release and 73.21a permit for a release of genetically engineered wild rice. The board may place conditions 73.22on the permit and may deny, modify, suspend, or revoke the permit. 73.23    Sec. 70. Minnesota Statutes 2006, section 116C.97, subdivision 2, is amended to read:73.24    Subd. 2. Federal oversight. (a) If the board determines, upon its own volition or at 73.25the request of any person, that a federal program exists for regulating the release of certain 73.26genetically engineered organisms and the federal oversight under the program is adequate 73.27to protect human health or the environment, then any person may release such genetically 73.28engineered organisms after obtaining the necessary federal approval and without obtaining 73.29a state release permit or a significant environmental permit or complying with the other 73.30requirements of sections 
         116C.91 to 
         116C.96 and the rules of the board adopted pursuant 73.31to section 
         116C.94. 73.32    (b) If the board determines the federal program is adequate to meet only certain 73.33requirements of sections 
         116C.91 to 
         116C.96 and the rules of the board adopted pursuant 73.34to section 
         116C.94, the board may exempt such releases from those requirements. 74.1    (c) A person proposing a release for which a federal authorization is required may 74.2apply to the board for an exemption from the board's permit or to a state agency with a 74.3significant environmental permit for the proposed release for an exemption from the 74.4agency's permit. The proposer must file with the board or state agency a written request 74.5for exemption with a copy of the federal application and the information necessary to 74.6determine if there is a potential for significant environmental effects under chapter 116D 74.7and rules adopted under it. The board or state agency shall give public notice of the request 74.8in the first available issue of the EQB Monitor and shall provide an opportunity for public 74.9comment on the environmental review process consistent with chapter 116D and rules 74.10adopted under it. The board or state agency may grant the exemption if the board or state 74.11agency finds that the federal authorization issued is adequate to meet the requirements of 74.12chapter 116D and rules adopted under it and any other requirement of the board's or state 74.13agency's authority regarding the release of genetically engineered organisms. The board 74.14or state agency must grant or deny the exemption within 45 days after the receipt of the 74.15written request and the information required by the board or state agency.74.16    (d) This subdivision does not apply to genetically engineered organisms for which 74.17an environmental impact statement is required under sections 116C.91 to 116C.96.74.18    Sec. 71. Minnesota Statutes 2006, section 296A.18, subdivision 4, is amended to read:74.19    Subd. 4. All-terrain vehicle. Approximately 0.150.27 of one percent of all gasoline 74.20received in or produced or brought into this state, except gasoline used for aviation 74.21purposes, is being used for the operation of all-terrain vehicles in this state, and of the total 74.22revenue derived from the imposition of the gasoline fuel tax, 0.150.27 of one percent is 74.23the amount of tax on fuel used in all-terrain vehicles operated in this state.74.24    Sec. 72. Laws 2003, chapter 128, article 1, section 169, is amended to read:74.25    Sec. 169. CONTINUOUS TRAIL DESIGNATION.74.26    (a) The commissioner of natural resources shall locate, plan, design, map, construct, 74.27designate, and sign a new trail for use by all-terrain vehicles and off-highway motorcycles 74.28of not less than 70 continuous miles in length on any land owned by the state or in 74.29cooperation with any county on land owned by that county or on a combination of any of 74.30these lands. This new trail shall be ready for use by April 1, 2007 June 30, 2009.74.31    (b) All funding for this new trail shall come from the all-terrain vehicle dedicated 74.32account and is appropriated each year as needed.74.33    (c) This new trail shall have at least two areas of access complete with appropriate 74.34parking for vehicles and trailers and enough room for loading and unloading all-terrain 75.1vehicles. Some existing trails, that are strictly all-terrain vehicle trails, and are not 75.2inventoried forest roads, may be incorporated into the design of this new all-terrain vehicle 75.3trail. This new trail may be of a continuous loop design and shall provide for spurs to other 75.4all-terrain vehicle trails as long as those spurs do not count toward the 70 continuous miles 75.5of this new all-terrain vehicle trail. Four rest areas shall be provided along the way.75.6    Sec. 73. Laws 2006, chapter 236, article 1, section 21, is amended to read:75.7    Sec. 21. EXCHANGE OF TAX-FORFEITED LAND; PRIVATE SALE; 75.8ITASCA COUNTY.75.9    (a) For the purpose of a land exchange for use in connection with a proposed 75.10steel mill in Itasca County referenced in Laws 1999, chapter 240, article 1, section 8, 75.11subdivision 3, title examination and approval of the land described in paragraph (b) 75.12shall be undertaken as a condition of exchange of the land for class B land, and shall be 75.13governed by Minnesota Statutes, section 
         94.344, subdivisions 9 and 10, and the provisions 75.14of this section. Notwithstanding the evidence of title requirements in Minnesota Statutes, 75.15section 
         94.344, subdivisions 9 and 10, the county attorney shall examine one or more title 75.16reports or title insurance commitments prepared or underwritten by a title insurer licensed 75.17to conduct title insurance business in this state, regardless of whether abstracts were 75.18created or updated in the preparation of the title reports or commitments. The opinion of 75.19the county attorney, and approval by the attorney general, shall be based on those title 75.20reports or commitments.75.21    (b) The land subject to this section is located in Itasca County and is described as:75.22    (1) Sections 3, 4, 7, 10, 14, 15, 16, 17, 18, 20, 21, 22, 23, 26, 28, and 29, Township 75.2356 North, Range 22 West;75.24    (2) Sections 3, 4, 9, 10, 13, and 14, Township 56 North, Range 23 West;75.25    (3) Section 30, Township 57 North, Range 22 West; and75.26    (4) Sections 25, 26, 34, 35, and 36, Township 57 North, Range 23 West.75.27    (c) Riparian land given in exchange by Itasca County for the purpose of the steel 75.28mill referenced in paragraph (a), is exempt from the restrictions imposed by Minnesota 75.29Statutes, section 
         94.342, subdivision 3.75.30    (d) Notwithstanding Minnesota Statutes, sections 
         92.45 and 
         282.018, subdivision 1, 75.31and the public sale provisions of Minnesota Statutes, chapter 282, Itasca County may sell, 75.32by private sale, any land received in exchange for the purpose of the steel mill referenced 75.33in paragraph (a), under the remaining provisions of Minnesota Statutes, chapter 282. The 75.34sale must be in a form approved by the attorney general.76.1    (e) Notwithstanding Minnesota Statutes, section 284.28, subdivision 8, or any other 76.2law to the contrary, land acquired through an exchange under this section is exempt from 76.3payment of three percent of the sales price required to be collected by the county auditor 76.4at the time of sale for deposit in the state treasury.76.5    Sec. 74. ENDOCRINE DISRUPTOR REPORT.76.6    The commissioner of the Pollution Control Agency shall prepare a report on 76.7strategies to prevent the entry of endocrine disruptors into waters of the state. The report 76.8must include an estimate for each strategy of the proportion of endocrine disruptors that 76.9are prevented from entering the waters of the state. The commissioner shall submit the 76.10report to the house and senate committees having jurisdiction over environment and 76.11natural resources policy and finance by January 15, 2008.76.12    Sec. 75. EASEMENT REPORT REQUIRED.76.13    By January 1, 2008, the commissioner of natural resources must report to the 76.14house and senate committees with jurisdiction over environment and natural resources 76.15finance with proposed minimum legal and conservation standards that could be applied 76.16to conservation easements acquired with public money.76.17    Sec. 76. TAX-FORFEITED LANDS LEASE; ITASCA COUNTY.76.18    Notwithstanding Minnesota Statutes, section 282.04, or other law to the contrary, 76.19the Itasca County auditor may lease tax-forfeited land to Minnesota Steel for a period of 76.2020 years, for use as a tailings basin and buffer area. A lease entered under this section 76.21is renewable.76.22    Sec. 77. WILD RICE STUDY.76.23    By February 15, 2008, the commissioner of natural resources must prepare a study 76.24for natural wild rice that includes:76.25    (1) the current location and estimated acreage and area of natural stands;76.26    (2) identified threats to natural stands, including, but not limited to, development 76.27pressure, water levels, pollution, invasive species, and genetic strains; and76.28    (3) recommendations to the house and senate committees with jurisdiction over 76.29natural resources on protecting and increasing natural wild rice stands in the state.76.30    In developing the study, the commissioner must contact and ask for comments 76.31from the state's wild rice industry, the commissioner of agriculture, local officials with 77.1significant areas of wild rice within their jurisdictions, tribal leaders within affected 77.2federally recognized tribes, and interested citizens.77.3EFFECTIVE DATE.This section is effective the day following final enactment.77.4    Sec. 78. CONSTRUCTION.77.5    Nothing in sections 68, 69, 70, and 77 affects, alters, or modifies the authorities, 77.6responsibilities, obligations, or powers of the state or any political subdivision thereof or 77.7any federally recognized tribe.77.8    Sec. 79. TECHNICAL ASSISTANCE.77.9    The commissioner of the Pollution Control Agency shall establish a database of 77.10best practices regarding the installation, management, and maintenance of individual 77.11sewage treatment systems. The database must be made available to any interested public 77.12or private party.77.13    Sec. 80. RULEMAKING.77.14    Within 90 days of the effective date of this section, the Board of Water and Soil 77.15Resources shall adopt rules that amend Minnesota Rules, chapter 8420, to incorporate 77.16statute changes and to address the related wetland exemption provisions in Minnesota 77.17Rules, parts 8420.0115 to 8420.0210, and the wetland replacement and banking provisions 77.18in Minnesota Rules, parts 8420.0500 to 8420.0760. These rules are exempt from the 77.19rulemaking provisions of Minnesota Statutes, chapter 14, except that Minnesota Statutes, 77.20section 14.386, applies and the proposed rules must be submitted to the senate and house 77.21committees having jurisdiction over environment and natural resources at least 30 days 77.22prior to being published in the State Register. The amended rules are effective for two 77.23years from the date of publication in the State Register unless they are superseded by 77.24permanent rules.77.25EFFECTIVE DATE.This section is effective the day following final enactment.77.26    Sec. 81. VERMILLION HIGHLANDS WILDLIFE MANAGEMENT AREA.77.27    (a) The following area is established and designated as the Vermillion Highlands 77.28Wildlife Management Area, subject to the special permitted uses authorized in this section:77.29    The approximately 2,840 acres owned by the University of Minnesota lying within 77.30the area legally described as approximately the southerly 3/4 of the Southwest 1/4 of 77.31Section 1, the Southeast 1/4 of Section 2, the East 1/2 of Section 10, Section 11, the 78.1West 1/2 of Section 12, Section 13, and Section 14, all in Township 114 North, Range 78.219 West, Dakota County.78.3    (b) Notwithstanding Minnesota Statutes, section 86A.05, subdivision 8, paragraph 78.4(c), permitted uses in the Vermillion Highlands Wildlife Management Area include:78.5    (1) education, outreach, and agriculture with the intent to eventually phase out 78.6agriculture leases and plant and restore native prairie;78.7    (2) research by the University of Minnesota or other permitted researchers;78.8    (3) hiking, hunting, fishing, trapping, and other compatible wildlife-related 78.9recreation of a natural outdoors experience, without constructing new hard surface trails 78.10or roads, and supporting management and improvements;78.11    (4) designated trails for hiking, horseback riding, biking, and cross-country skiing 78.12and necessary trailhead support with minimal impact on the permitted uses in clause (3);78.13    (5) shooting sports facilities for sporting clays, skeet, American and international 78.14trapshooting, and rifle and pistol shooting, including sanctioned events and training for 78.15responsible handling and use of firearms;78.16    (6) grant-in-aid snowmobile trails; and78.17    (7) leases for small-scale farms to market vegetable farming.78.18    (c) With the concurrence of representatives of the University of Minnesota and 78.19Dakota County, the commissioner of natural resources may, by posting or rule, restrict the 78.20permitted uses as follows:78.21    (1) temporarily close areas or trails, by posting at the access points, to facilitate 78.22hunting. When temporarily closing trails under this clause, the commissioner shall avoid 78.23closing all trail loops simultaneously whenever practical; or78.24    (2) limit other permitted uses to accommodate hunting and trapping after providing 78.25advance public notice. Research conducted by the university may not be limited unless 78.26mutually agreed by the commissioner and the University of Minnesota.78.27    (d) Road maintenance within the wildlife management area shall be minimized, with 78.28the intent to abandon interior roads when no longer needed for traditional agriculture 78.29purposes.78.30    (e) Money collected on leases from lands within the wildlife management area 78.31must be kept in a separate account and spent within the wildlife management area under 78.32direction of the representatives listed in paragraph (c). $200,000 of this money may be 78.33transferred to the commissioner of natural resources for a master planning process and 78.34resource inventory of the land identified in Minnesota Statutes, section 137.50, subdivision 78.356, in order to provide needed prairie and wetland restoration. The commissioner must work 79.1with affected officials from the University of Minnesota and Dakota County to complete 79.2these requirements and inform landowners and lessees about the planning process.79.3    (f) Notwithstanding Minnesota Statutes, sections 97A.061 and 477A.11, the state 79.4of Minnesota shall not provide payments in lieu of taxes for the lands described in 79.5paragraph (a).79.6    Sec. 82.  REPEALER.79.7(a) Minnesota Statutes 2006, section 89A.11, is repealed.79.8(b) Minnesota Statutes 2006, section 103G.2241, subdivision 8, is repealed.79.9EFFECTIVE DATE.Paragraph (a) of this section is effective July 1, 2007. 79.10Paragraph (b) of this section is effective the day following final enactment.