HF 1651

2nd Committee Engrossment - 85th Legislature (2007 - 2008)

Posted on 12/22/2009 12:38 p.m.

1.1A bill for an act 1.2relating to natural resources; appropriating money for environment and natural 1.3resources; modifying disposition of certain revenue; authorizing certain 1.4sales; modifying and creating certain accounts; modifying and establishing 1.5certain fees and surcharges; establishing an off-highway vehicle safety and 1.6conservation program; defining certain terms; providing for venison donation; 1.7providing for prairie establishment guidance; creating the Cuyuna Country 1.8State Recreation Area Citizens Advisory Council; modifying aquatic farm 1.9license provisions; restricting certain off-road vehicle trails; modifying state 1.10park permit requirements; modifying timber sale provisions; exempting certain 1.11exchanged land from the tax-forfeited land assurance fee; authorizing certain 1.12leases of tax-forfeited lands; modifying definition of public official; modifying 1.13agency service requirements; creating a grant program; designating a state 1.14wildlife management area; improving oversight of local government water 1.15management; modifying authority of watershed district board of managers 1.16and soil and water conservation board of supervisors; modifying provisions 1.17for wetland conservation; modifying requirements for ditch buffers; modifying 1.18provisions for individual sewage treatment systems; providing for civil 1.19enforcement; modifying provisions for regulating genetically engineered 1.20organisms; establishing requirements for acquisition of easements; modifying 1.21access to certain wetlands; modifying percentage of gasoline use attributable 1.22to all-terrain vehicles; modifying trail designation requirements; eliminating 1.23sunset of sustainable forest resources provisions; authorizing rulemaking; 1.24requiring reports and studies; amending Minnesota Statutes 2006, sections 1.2510A.01, subdivision 35; 15.99, subdivision 3; 16A.531, subdivision 1a; 17.4984, 1.26subdivision 1; 84.025, subdivision 9; 84.026, subdivision 1; 84.0272, by adding 1.27a subdivision; 84.0855, subdivisions 1, 2; 84.780; 84.927, subdivision 2; 84.963; 1.2884D.02, by adding a subdivision; 84D.13, subdivision 7; 85.054, subdivision 1.2912, by adding a subdivision; 86B.706, subdivision 2; 89.22, subdivision 2; 1.3090.161, by adding a subdivision; 93.22, subdivision 1; 97A.055, subdivision 4; 1.3197A.065, by adding a subdivision; 97A.133, by adding a subdivision; 97A.475, 1.32subdivision 7, by adding a subdivision; 97A.485, subdivision 7; 97C.081, 1.33subdivision 3; 103B.101, by adding a subdivision; 103C.321, by adding a 1.34subdivision; 103D.325, by adding a subdivision; 103E.021, subdivisions 1, 2, 1.353, by adding a subdivision; 103E.315, subdivision 8; 103E.321, subdivision 1; 1.36103E.701, by adding a subdivision; 103E.705, subdivisions 1, 2, 3; 103E.728, 1.37subdivision 2; 103G.222, subdivisions 1, 3; 103G.2241, subdivisions 1, 2, 3, 1.386, 9, 11; 103G.2242, subdivisions 2, 2a, 9, 12, 15; 103G.2243, subdivision 2; 1.39103G.235; 103G.301, subdivision 2; 115.55, subdivisions 1, 2, 3, by adding a 2.1subdivision; 116C.92; 116C.94, subdivision 1; 116C.97, subdivision 2; 282.04, 2.2subdivision 1; 296A.18, subdivision 4; Laws 2003, chapter 128, article 1, section 2.3169; Laws 2006, chapter 236, article 1, section 21; proposing coding for new law 2.4in Minnesota Statutes, chapters 17; 84; 84D; 85; 89; 97B; 103B; 103E; repealing 2.5Minnesota Statutes 2006, sections 89A.11; 103G.2241, subdivision 8. 2.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.7ARTICLE 1 2.8ENVIRONMENT AND NATURAL RESOURCES 2.9APPROPRIATIONS 2.10 Section 1. new text begin SUMMARY OF APPROPRIATIONS. new text end 2.11     new text begin The amounts shown in this section summarize direct appropriations, by fund, made new text end 2.12 new text begin in this article. new text end 2.13 new text begin 2008 new text end new text begin 2009 new text end new text begin Total new text end 2.14 new text begin General new text end new text begin $ new text end new text begin 134,588,000 new text end new text begin $ new text end new text begin 137,139,000 new text end new text begin $ new text end new text begin 271,727,000 new text end 2.15 2.16 new text begin State Government Special new text end new text begin Revenue new text end new text begin 48,000 new text end new text begin 48,000 new text end new text begin 96,000 new text end 2.17 new text begin Environmental new text end new text begin 61,425,000 new text end new text begin 61,622,000 new text end new text begin 123,047,000 new text end 2.18 new text begin Natural Resources new text end new text begin 79,811,000 new text end new text begin 80,820,000 new text end new text begin 160,631,000 new text end 2.19 new text begin Game and Fish new text end new text begin 90,073,000 new text end new text begin 92,032,000 new text end new text begin 182,105,000 new text end 2.20 new text begin Remediation new text end new text begin 11,666,000 new text end new text begin 11,186,000 new text end new text begin 22,852,000 new text end 2.21 new text begin Permanent School new text end new text begin 200,000 new text end new text begin 200,000 new text end new text begin 400,000 new text end 2.22 new text begin Total new text end new text begin $ new text end new text begin 377,811,000 new text end new text begin $ new text end new text begin 383,047,000 new text end new text begin $ new text end new text begin 760,858,000 new text end 2.23 Sec. 2. new text begin ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS. new text end 2.24     new text begin The sums shown in the columns marked "Appropriations" are appropriated to the new text end 2.25 new text begin agencies and for the purposes specified in this article. The appropriations are from the new text end 2.26 new text begin general fund, or another named fund, and are available for the fiscal years indicated new text end 2.27 new text begin for each purpose. The figures "2008" and "2009" used in this article mean that the new text end 2.28 new text begin appropriations listed under them are available for the fiscal year ending June 30, 2008, or new text end 2.29 new text begin June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal new text end 2.30 new text begin year 2009. "The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal new text end 2.31 new text begin year ending June 30, 2007, are effective the day following final enactment. new text end 2.32 new text begin APPROPRIATIONS new text end 2.33 new text begin Available for the Year new text end 2.34 new text begin Ending June 30 new text end 2.35 new text begin 2008 new text end new text begin 2009 new text end 2.36 Sec. 3. new text begin POLLUTION CONTROL AGENCY new text end 2.37 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 100,271,000 new text end new text begin $ new text end new text begin 99,989,000 new text end 3.1 new text begin Appropriations by Fund new text end 3.2 new text begin 2008 new text end new text begin 2009 new text end 3.3 new text begin General new text end new text begin 27,232,000 new text end new text begin 27,233,000 new text end 3.4 3.5 new text begin State Government new text end new text begin Special Revenue new text end new text begin 48,000 new text end new text begin 48,000 new text end 3.6 new text begin Environmental new text end new text begin 61,425,000 new text end new text begin 61,622,000 new text end 3.7 new text begin Remediation new text end new text begin 11,566,000 new text end new text begin 11,086,000 new text end 3.8 new text begin The amounts that may be spent for each new text end 3.9 new text begin purpose are specified in the following new text end 3.10 new text begin subdivisions. new text end 3.11 new text begin Subd. 2. new text end new text begin Water new text end new text begin 42,928,000 new text end new text begin 42,248,000 new text end 3.12 new text begin Appropriations by Fund new text end 3.13 new text begin General new text end new text begin 23,326,000 new text end new text begin 23,266,000 new text end 3.14 3.15 new text begin State Government new text end new text begin Special Revenue new text end new text begin 48,000 new text end new text begin 48,000 new text end 3.16 new text begin Remediation new text end new text begin 550,000 new text end new text begin -0- new text end 3.17 new text begin Environmental new text end new text begin 19,004,000 new text end new text begin 18,934,000 new text end 3.18 new text begin $2,348,000 the first year and $2,348,000 new text end 3.19 new text begin the second year are for the clean water new text end 3.20 new text begin partnership program. Any balance remaining new text end 3.21 new text begin in the first year does not cancel and new text end 3.22 new text begin is available for the second year. This new text end 3.23 new text begin appropriation may be used for grants to new text end 3.24 new text begin local units of government for the purpose new text end 3.25 new text begin of restoring impaired waters listed under new text end 3.26 new text begin section 303(d) of the federal Clean Water new text end 3.27 new text begin Act in accordance with adopted total new text end 3.28 new text begin maximum daily loads (TMDL's), including new text end 3.29 new text begin implementation of approved clean water new text end 3.30 new text begin partnership diagnostic study work plans that new text end 3.31 new text begin will assist in restoration of such impaired new text end 3.32 new text begin waters. new text end 3.33 new text begin $2,324,000 the first year and $2,324,000 new text end 3.34 new text begin the second year are for grants to delegated new text end 3.35 new text begin counties to administer the county feedlot new text end 3.36 new text begin program. The commissioner, in consultation new text end 3.37 new text begin with the Minnesota Association of County new text end 4.1 new text begin Feedlot Officers executive team, may use up new text end 4.2 new text begin to five percent of the annual appropriation new text end 4.3 new text begin for initiatives to enhance existing delegated new text end 4.4 new text begin county feedlot programs, information and new text end 4.5 new text begin education, or technical assistance to reduce new text end 4.6 new text begin feedlot-related pollution hazards. Any new text end 4.7 new text begin unexpended balance in the first year does not new text end 4.8 new text begin cancel but is available in the second year. new text end 4.9 new text begin $335,000 the first year and $335,000 the new text end 4.10 new text begin second year are for community technical new text end 4.11 new text begin assistance and education, including grants new text end 4.12 new text begin and technical assistance to communities for new text end 4.13 new text begin local and basinwide water quality protection. new text end 4.14 new text begin $405,000 the first year and $405,000 the new text end 4.15 new text begin second year are for individual sewage new text end 4.16 new text begin treatment system (ISTS) administration and new text end 4.17 new text begin grants. Of this amount, $86,000 each year new text end 4.18 new text begin is for assistance to counties through grants new text end 4.19 new text begin for ISTS program administration. Any new text end 4.20 new text begin unexpended balance in the first year does not new text end 4.21 new text begin cancel but is available in the second year. new text end 4.22 new text begin $480,000 the first year and $480,000 the new text end 4.23 new text begin second year are from the environmental new text end 4.24 new text begin fund to address the need for continued new text end 4.25 new text begin increased activity in the areas of new new text end 4.26 new text begin technology review, technical assistance new text end 4.27 new text begin for local governments, and enforcement new text end 4.28 new text begin under Minnesota Statutes, sections 115.55 new text end 4.29 new text begin to 115.58, and to complete the requirements new text end 4.30 new text begin of Laws 2003, chapter 128, article 1, section new text end 4.31 new text begin 165. Of this amount, $48,000 each year is for new text end 4.32 new text begin administration of individual septic tank fees. new text end 4.33 new text begin $375,000 the first year and $375,000 the new text end 4.34 new text begin second year are to monitor and analyze new text end 4.35 new text begin endocrine disruptors in surface waters in at new text end 5.1 new text begin least 20 additional sites. The data must be new text end 5.2 new text begin placed on the agency's Web site. new text end 5.3 new text begin $15,317,000 the first year and $15,317,000 new text end 5.4 new text begin the second year are to implement the new text end 5.5 new text begin requirements of Minnesota Statutes, chapter new text end 5.6 new text begin 114D. Of this amount, $6,317,000 each new text end 5.7 new text begin year is for completion of ten percent of the new text end 5.8 new text begin needed statewide assessments of surface new text end 5.9 new text begin water quality and trends and $9,000,000 new text end 5.10 new text begin each year is to develop TMDL's and TMDL new text end 5.11 new text begin implementation plans for waters listed on new text end 5.12 new text begin the United States Environmental Protection new text end 5.13 new text begin Agency approved impaired waters list. The new text end 5.14 new text begin agency shall complete an average of ten new text end 5.15 new text begin percent of the TMDL's each year over the new text end 5.16 new text begin next ten years. new text end 5.17 new text begin $690,000 the first year and $690,000 the new text end 5.18 new text begin second year are from the environmental fund new text end 5.19 new text begin to provide regulatory services to the ethanol, new text end 5.20 new text begin mining, and other developing economic new text end 5.21 new text begin sectors. This is a onetime appropriation. new text end 5.22 new text begin $88,000 the first year is for the endocrine new text end 5.23 new text begin disruptors report required to be completed new text end 5.24 new text begin under article 2. new text end 5.25 new text begin $550,000 is appropriated in fiscal year new text end 5.26 new text begin 2008 from the remediation fund to the new text end 5.27 new text begin commissioner of the Pollution Control new text end 5.28 new text begin Agency for transfer to the commissioner new text end 5.29 new text begin of health to conduct an evaluation of point new text end 5.30 new text begin of use water treatment units at removing new text end 5.31 new text begin perfluorooctanoic acid, perfluorooctane new text end 5.32 new text begin sulfonate, and perfluorobutanoic acid from new text end 5.33 new text begin known concentrations of these compounds new text end 5.34 new text begin in drinking water. The evaluation shall be new text end 5.35 new text begin completed by December 31, 2007, and the new text end 6.1 new text begin commissioner of health may contract for new text end 6.2 new text begin services to complete the evaluation. new text end 6.3 new text begin By January 15, 2008, the commissioner shall new text end 6.4 new text begin amend agency rules and, where legislative new text end 6.5 new text begin action is necessary, provide recommendations new text end 6.6 new text begin to the house of representatives and senate new text end 6.7 new text begin divisions on environmental finance on new text end 6.8 new text begin water and air fee changes that will result in new text end 6.9 new text begin revenue to the environmental fund to pay for new text end 6.10 new text begin regulatory services to the ethanol, mining, new text end 6.11 new text begin and other developing economic sectors. new text end 6.12 new text begin Notwithstanding Minnesota Statutes, section new text end 6.13 new text begin 16A.28, the appropriations encumbered new text end 6.14 new text begin under contract on or before June 30, 2009, new text end 6.15 new text begin for clean water partnership, individual new text end 6.16 new text begin sewage treatment systems (ISTS), Minnesota new text end 6.17 new text begin River, total maximum daily loads (TMDL's), new text end 6.18 new text begin stormwater contracts or grants, and local and new text end 6.19 new text begin basinwide water quality protection contracts new text end 6.20 new text begin or grants in this subdivision are available new text end 6.21 new text begin until June 30, 2011. new text end 6.22 new text begin Subd. 3. new text end new text begin Air new text end new text begin 10,623,000 new text end new text begin 10,890,000 new text end 6.23 new text begin Appropriations by Fund new text end 6.24 new text begin Environmental new text end new text begin 10,623,000 new text end new text begin 10,890,000 new text end 6.25 new text begin Up to $150,000 the first year and $150,000 new text end 6.26 new text begin the second year may be transferred from the new text end 6.27 new text begin environmental fund to the small business new text end 6.28 new text begin environmental improvement loan account new text end 6.29 new text begin established in Minnesota Statutes, section new text end 6.30 new text begin 116.993. new text end 6.31 new text begin $200,000 the first year and $200,000 the new text end 6.32 new text begin second year are from the environmental fund new text end 6.33 new text begin for a monitoring program under Minnesota new text end 6.34 new text begin Statutes, section 116.454. new text end 7.1 new text begin $125,000 the first year and $125,000 the new text end 7.2 new text begin second year are from the environmental fund new text end 7.3 new text begin for monitoring ambient air for hazardous new text end 7.4 new text begin pollutants in the metropolitan area. new text end 7.5 new text begin $760,000 the first year and $760,000 the new text end 7.6 new text begin second year are from the environmental fund new text end 7.7 new text begin to provide regulatory services to the ethanol, new text end 7.8 new text begin mining, and other developing economic new text end 7.9 new text begin sectors. This is a onetime appropriation. new text end 7.10 new text begin Subd. 4. new text end new text begin Land new text end new text begin 18,081,000 new text end new text begin 18,151,000 new text end 7.11 new text begin Appropriations by Fund new text end 7.12 new text begin Environmental new text end new text begin 7,065,000 new text end new text begin 7,065,000 new text end 7.13 new text begin Remediation new text end new text begin 11,016,000 new text end new text begin 11,086,000 new text end 7.14 new text begin All money for environmental response, new text end 7.15 new text begin compensation, and compliance in the new text end 7.16 new text begin remediation fund not otherwise appropriated new text end 7.17 new text begin is appropriated to the commissioners of the new text end 7.18 new text begin Pollution Control Agency and agriculture new text end 7.19 new text begin for purposes of Minnesota Statutes, section new text end 7.20 new text begin 115B.20, subdivision 2, clauses (1), (2), new text end 7.21 new text begin (3), (6), and (7). At the beginning of each new text end 7.22 new text begin fiscal year, the two commissioners shall new text end 7.23 new text begin jointly submit an annual spending plan new text end 7.24 new text begin to the commissioner of finance and the new text end 7.25 new text begin house and senate chairs of environment and new text end 7.26 new text begin natural resources finance that maximizes the new text end 7.27 new text begin utilization of resources and appropriately new text end 7.28 new text begin allocates the money between the two new text end 7.29 new text begin departments. This appropriation is available new text end 7.30 new text begin until June 30, 2009. new text end 7.31 new text begin $3,616,000 the first year and $3,616,000 new text end 7.32 new text begin the second year are transferred from the new text end 7.33 new text begin petroleum tank fund to the remediation fund new text end 7.34 new text begin for appropriation to the commissioner for new text end 8.1 new text begin purposes of the leaking underground storage new text end 8.2 new text begin tank program to protect the land. new text end 8.3 new text begin $252,000 the first year and $252,000 the new text end 8.4 new text begin second year are from the remediation fund to new text end 8.5 new text begin be transferred to the Department of Health new text end 8.6 new text begin for health assessments, drinking water new text end 8.7 new text begin advisories, and public information activities new text end 8.8 new text begin for areas contaminated by hazardous releases. new text end 8.9 new text begin Subd. 5. new text end new text begin Multimedia new text end new text begin 4,879,000 new text end new text begin 4,911,000 new text end 8.10 new text begin Appropriations by Fund new text end 8.11 new text begin General new text end new text begin 2,288,000 new text end new text begin 2,320,000 new text end 8.12 new text begin Environmental new text end new text begin 2,591,000 new text end new text begin 2,591,000 new text end 8.13 new text begin $550,000 the first year and $550,000 the new text end 8.14 new text begin second year are from the environmental fund new text end 8.15 new text begin to provide regulatory services to the ethanol, new text end 8.16 new text begin mining, and other developing economic new text end 8.17 new text begin sectors. This is a onetime appropriation. new text end 8.18 new text begin Notwithstanding Minnesota Statutes, section new text end 8.19 new text begin 16A.28, the appropriations encumbered new text end 8.20 new text begin under contract on or before June 30, 2009, for new text end 8.21 new text begin total maximum daily load (TMDL) contracts new text end 8.22 new text begin or grants are available until June 30, 2011. new text end 8.23 new text begin Subd. 6. new text end new text begin Environmental Assistance new text end new text begin 22,142,000 new text end new text begin 22,142,000 new text end 8.24 new text begin $14,000,000 each year is from the new text end 8.25 new text begin environmental fund for SCORE block grants new text end 8.26 new text begin to counties. new text end 8.27 new text begin Any unencumbered grant and loan balances new text end 8.28 new text begin in the first year do not cancel but are available new text end 8.29 new text begin for grants and loans in the second year. new text end 8.30 new text begin All money deposited in the environmental new text end 8.31 new text begin fund for the metropolitan solid waste landfill new text end 8.32 new text begin fee under Minnesota Statutes, section new text end 8.33 new text begin 473.843, and not otherwise appropriated, is new text end 9.1 new text begin appropriated to the agency for the purposes new text end 9.2 new text begin of Minnesota Statutes, section 473.844. new text end 9.3 new text begin $119,000 the first year and $119,000 the new text end 9.4 new text begin second year are from the environmental new text end 9.5 new text begin fund for environmental assistance grants new text end 9.6 new text begin or loans under Minnesota Statutes, section new text end 9.7 new text begin 115A.0716. new text end 9.8 new text begin $1,200,000 the first year and $1,200,000 the new text end 9.9 new text begin second year are from the environmental fund new text end 9.10 new text begin to retrofit school buses statewide, including new text end 9.11 new text begin buses for preschool children, and for loans to new text end 9.12 new text begin small trucking firms to install equipment to new text end 9.13 new text begin reduce fuel consumption. This is a onetime new text end 9.14 new text begin appropriation. new text end 9.15 new text begin Notwithstanding Minnesota Statutes, section new text end 9.16 new text begin 16A.28, the appropriations encumbered new text end 9.17 new text begin under contract on or before June 30, new text end 9.18 new text begin 2009, for environmental assistance grants new text end 9.19 new text begin awarded under Minnesota Statutes, section new text end 9.20 new text begin 115A.0716, and for technical and research new text end 9.21 new text begin assistance under Minnesota Statutes, new text end 9.22 new text begin section 115A.152, technical assistance new text end 9.23 new text begin under Minnesota Statutes, section 115A.52, new text end 9.24 new text begin and pollution prevention assistance under new text end 9.25 new text begin Minnesota Statutes, section 115D.04, are new text end 9.26 new text begin available until June 30, 2011. new text end 9.27 new text begin Subd. 7. new text end new text begin Administrative Support new text end new text begin 1,618,000 new text end new text begin 1,647,000 new text end 9.28 new text begin The commissioner may transfer money from new text end 9.29 new text begin the environmental fund to the remediation new text end 9.30 new text begin fund as necessary for the purposes of the new text end 9.31 new text begin remediation fund under Minnesota Statutes, new text end 9.32 new text begin section 116.155, subdivision 2. new text end 9.33 Sec. 4. new text begin NATURAL RESOURCES new text end 9.34 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 245,711,000 new text end new text begin $ new text end new text begin 250,870,000 new text end 10.1 new text begin Appropriations by Fund new text end 10.2 new text begin 2008 new text end new text begin 2009 new text end 10.3 new text begin General new text end new text begin 80,587,000 new text end new text begin 82,778,000 new text end 10.4 new text begin Natural Resources new text end new text begin 74,751,000 new text end new text begin 75,760,000 new text end 10.5 new text begin Game and Fish new text end new text begin 90,073,000 new text end new text begin 92,032,000 new text end 10.6 new text begin Remediation new text end new text begin 100,000 new text end new text begin 100,000 new text end 10.7 new text begin Permanent School new text end new text begin 200,000 new text end new text begin 200,000 new text end 10.8 new text begin The amounts that may be spent for each new text end 10.9 new text begin purpose are specified in the following new text end 10.10 new text begin subdivisions. new text end 10.11 10.12 new text begin Subd. 2. new text end new text begin Land and Mineral Resources new text end new text begin Management new text end new text begin 11,461,000 new text end new text begin 11,448,000 new text end 10.13 new text begin Appropriations by Fund new text end 10.14 new text begin General new text end new text begin 6,347,000 new text end new text begin 6,406,000 new text end 10.15 new text begin Natural Resources new text end new text begin 3,551,000 new text end new text begin 3,447,000 new text end 10.16 new text begin Game and Fish new text end new text begin 1,363,000 new text end new text begin 1,395,000 new text end 10.17 new text begin Permanent School new text end new text begin 200,000 new text end new text begin 200,000 new text end 10.18 new text begin $475,000 the first year and $475,000 the new text end 10.19 new text begin second year are for iron ore cooperative new text end 10.20 new text begin research. Of this amount, $200,000 each year new text end 10.21 new text begin is from the minerals management account in new text end 10.22 new text begin the natural resources fund and $275,000 each new text end 10.23 new text begin year is from the general fund. $237,500 the new text end 10.24 new text begin first year and $237,500 the second year are new text end 10.25 new text begin available only as matched by $1 of nonstate new text end 10.26 new text begin money for each $1 of state money. The new text end 10.27 new text begin match may be cash or in-kind. new text end 10.28 new text begin $86,000 the first year and $86,000 the new text end 10.29 new text begin second year are for minerals cooperative new text end 10.30 new text begin environmental research, of which $43,000 new text end 10.31 new text begin the first year and $43,000 the second year are new text end 10.32 new text begin available only as matched by $1 of nonstate new text end 10.33 new text begin money for each $1 of state money. The new text end 10.34 new text begin match may be cash or in-kind. new text end 10.35 new text begin $2,800,000 the first year and $2,696,000 new text end 10.36 new text begin the second year are from the minerals new text end 11.1 new text begin management account in the natural resources new text end 11.2 new text begin fund for use as provided in Minnesota new text end 11.3 new text begin Statutes, section 93.2236, paragraph (c). new text end 11.4 new text begin $200,000 the first year and $200,000 the new text end 11.5 new text begin second year are from the state forest suspense new text end 11.6 new text begin account in the permanent school fund to new text end 11.7 new text begin accelerate land exchanges, land sales, and new text end 11.8 new text begin commercial leasing of school trust lands and new text end 11.9 new text begin to identify, evaluate, and lease construction new text end 11.10 new text begin aggregate located on school trust lands. This new text end 11.11 new text begin appropriation is to be used for securing new text end 11.12 new text begin maximum long-term economic return new text end 11.13 new text begin from the school trust lands consistent with new text end 11.14 new text begin fiduciary responsibilities and sound natural new text end 11.15 new text begin resources conservation and management new text end 11.16 new text begin principles. new text end 11.17 new text begin $15,000 the first year is for a report new text end 11.18 new text begin by February 1, 2008, to the house and new text end 11.19 new text begin senate committees with jurisdiction over new text end 11.20 new text begin environment and natural resources on new text end 11.21 new text begin proposed minimum legal and conservation new text end 11.22 new text begin standards that could be applied to new text end 11.23 new text begin conservation easements acquired with public new text end 11.24 new text begin money. new text end 11.25 new text begin $701,000 the first year and $701,000 the new text end 11.26 new text begin second year are to support the land records new text end 11.27 new text begin management system. Of this amount, new text end 11.28 new text begin $326,000 the first year and $326,000 the new text end 11.29 new text begin second year are from the game and fish fund new text end 11.30 new text begin and $375,000 the first year and $375,000 the new text end 11.31 new text begin second year are from the natural resources new text end 11.32 new text begin fund. new text end 11.33 new text begin Subd. 3. new text end new text begin Water Resources Management new text end new text begin 12,931,000 new text end new text begin 13,116,000 new text end 12.1 new text begin Appropriations by Fund new text end 12.2 new text begin General new text end new text begin 12,651,000 new text end new text begin 12,836,000 new text end 12.3 new text begin Natural Resources new text end new text begin 280,000 new text end new text begin 280,000 new text end 12.4 new text begin $310,000 the first year and $310,000 the new text end 12.5 new text begin second year are for grants for up to 50 new text end 12.6 new text begin percent of the cost of implementing the Red new text end 12.7 new text begin River mediation agreement. new text end 12.8 new text begin $65,000 the first year and $65,000 the new text end 12.9 new text begin second year are for a grant to the Mississippi new text end 12.10 new text begin Headwaters Board for up to 50 percent of new text end 12.11 new text begin the cost of implementing the comprehensive new text end 12.12 new text begin plan for the upper Mississippi within areas new text end 12.13 new text begin under the board's jurisdiction. new text end 12.14 new text begin $5,000 the first year and $5,000 the second new text end 12.15 new text begin year are for payment to the Leech Lake Band new text end 12.16 new text begin of Chippewa Indians to implement the band's new text end 12.17 new text begin portion of the comprehensive plan for the new text end 12.18 new text begin upper Mississippi. new text end 12.19 new text begin $200,000 the first year and $200,000 the new text end 12.20 new text begin second year are for the construction of ring new text end 12.21 new text begin dikes under Minnesota Statutes, section new text end 12.22 new text begin 103F.161. The ring dikes may be publicly new text end 12.23 new text begin or privately owned. Any unencumbered new text end 12.24 new text begin balance does not cancel at the end of the new text end 12.25 new text begin first year and is available for the second new text end 12.26 new text begin year. If the appropriation in the first year is new text end 12.27 new text begin insufficient, the appropriation for the second new text end 12.28 new text begin year is available in the first year. new text end 12.29 new text begin $1,280,000 the first year and $1,280,000 the new text end 12.30 new text begin second year are to support the identification new text end 12.31 new text begin of impaired waters and develop plans to new text end 12.32 new text begin address those impairments, as required by the new text end 12.33 new text begin federal Clean Water Act. This is a onetime new text end 12.34 new text begin appropriation. new text end 12.35 new text begin Subd. 4. new text end new text begin Forest Management new text end new text begin 41,148,000 new text end new text begin 41,930,000 new text end 13.1 new text begin Appropriations by Fund new text end 13.2 new text begin General new text end new text begin 22,858,000 new text end new text begin 23,273,000 new text end 13.3 new text begin Natural Resources new text end new text begin 18,033,000 new text end new text begin 18,393,000 new text end 13.4 new text begin Game and Fish new text end new text begin 257,000 new text end new text begin 264,000 new text end 13.5 new text begin $7,217,000 the first year and $7,217,000 new text end 13.6 new text begin the second year are for prevention, new text end 13.7 new text begin presuppression, and suppression costs of new text end 13.8 new text begin emergency firefighting and other costs new text end 13.9 new text begin incurred under Minnesota Statutes, section new text end 13.10 new text begin 88.12. If the appropriation for either new text end 13.11 new text begin year is insufficient to cover all costs of new text end 13.12 new text begin presuppression and suppression, the amount new text end 13.13 new text begin necessary to pay for these costs during the new text end 13.14 new text begin biennium is appropriated from the general new text end 13.15 new text begin fund. new text end 13.16 new text begin By November 15 of each year, the new text end 13.17 new text begin commissioner of natural resources shall new text end 13.18 new text begin submit a report to the chairs of the house new text end 13.19 new text begin and senate committees and divisions having new text end 13.20 new text begin jurisdiction over environment and natural new text end 13.21 new text begin resources finance, identifying all firefighting new text end 13.22 new text begin costs incurred and reimbursements received new text end 13.23 new text begin in the prior fiscal year. These appropriations new text end 13.24 new text begin may not be transferred. Any reimbursement new text end 13.25 new text begin of firefighting expenditures made to the new text end 13.26 new text begin commissioner from any source other than new text end 13.27 new text begin federal mobilizations shall be deposited into new text end 13.28 new text begin the general fund. new text end 13.29 new text begin $17,983,000 the first year and $18,293,000 new text end 13.30 new text begin the second year are from the forest new text end 13.31 new text begin management investment account in the new text end 13.32 new text begin natural resources fund for only the purposes new text end 13.33 new text begin specified in Minnesota Statutes, section new text end 13.34 new text begin 89.039, subdivision 2. new text end 14.1 new text begin $780,000 the first year and $780,000 the new text end 14.2 new text begin second year are for the Forest Resources new text end 14.3 new text begin Council for implementation of the new text end 14.4 new text begin Sustainable Forest Resources Act. new text end 14.5 new text begin $350,000 the first year and $350,000 the new text end 14.6 new text begin second year are for the FORIST timber new text end 14.7 new text begin management information system, other new text end 14.8 new text begin information systems, and for increased new text end 14.9 new text begin forestry management. The amount in the new text end 14.10 new text begin second year is also available in the first year. new text end 14.11 new text begin $257,000 the first year and $264,000 the new text end 14.12 new text begin second year are from the game and fish new text end 14.13 new text begin fund to implement ecological classification new text end 14.14 new text begin systems (ECS) standards on forested new text end 14.15 new text begin landscapes. This appropriation is from new text end 14.16 new text begin revenue deposited in the game and fish fund new text end 14.17 new text begin under Minnesota Statutes, section 297A.94, new text end 14.18 new text begin paragraph (e), clause (1). new text end 14.19 new text begin $55,000 the first year and $55,000 the new text end 14.20 new text begin second year are to develop and implement new text end 14.21 new text begin a statewide information and education new text end 14.22 new text begin campaign regarding the proposed statewide new text end 14.23 new text begin ban on the transport, storage, or use of new text end 14.24 new text begin nonapproved firewood on state administered new text end 14.25 new text begin land. new text end 14.26 new text begin $75,000 the first year is to the Forest new text end 14.27 new text begin Resources Council for a task force on new text end 14.28 new text begin forest protection and $75,000 the second new text end 14.29 new text begin year is appropriated to the commissioner new text end 14.30 new text begin for grants to cities, counties, townships, new text end 14.31 new text begin special recreation areas, and park and new text end 14.32 new text begin recreation boards in cities of the first class new text end 14.33 new text begin for the identification, removal, disposal, and new text end 14.34 new text begin replacement of dead or dying shade trees new text end 14.35 new text begin lost to forest pests or disease. For purposes new text end 15.1 new text begin of this section, "shade tree" means a woody new text end 15.2 new text begin perennial grown primarily for aesthetic or new text end 15.3 new text begin environmental purposes with minimal to new text end 15.4 new text begin residual timber value. The commissioner new text end 15.5 new text begin shall consult with municipalities; park and new text end 15.6 new text begin recreation boards in cities of the first class; new text end 15.7 new text begin nonprofit organizations; and other interested new text end 15.8 new text begin parties in developing eligibility criteria. new text end 15.9 new text begin $50,000 the first year and $100,000 the new text end 15.10 new text begin second year are from the natural resources new text end 15.11 new text begin fund for forest road maintenance in support new text end 15.12 new text begin of all-terrain vehicle trails. new text end 15.13 new text begin Subd. 5. new text end new text begin Parks and Recreation Management new text end new text begin 35,141,000 new text end new text begin 35,959,000 new text end 15.14 new text begin Appropriations by Fund new text end 15.15 new text begin General new text end new text begin 20,560,000 new text end new text begin 20,923,000 new text end 15.16 new text begin Natural Resources new text end new text begin 14,581,000 new text end new text begin 15,036,000 new text end 15.17 new text begin $640,000 the first year and $640,000 the new text end 15.18 new text begin second year are from the water recreation new text end 15.19 new text begin account in the natural resources fund for state new text end 15.20 new text begin park water access projects. new text end 15.21 new text begin $3,996,000 the first year and $3,996,000 the new text end 15.22 new text begin second year are from the natural resources new text end 15.23 new text begin fund for state park and recreation area new text end 15.24 new text begin operations. This appropriation is from the new text end 15.25 new text begin revenue deposited in the natural resources new text end 15.26 new text begin fund under Minnesota Statutes, section new text end 15.27 new text begin 297A.94, paragraph (e), clause (2). new text end 15.28 new text begin $5,000 each year is for payment of expenses new text end 15.29 new text begin of the Cuyuna Country State Recreation Area new text end 15.30 new text begin Citizens Advisory Council. new text end 15.31 new text begin The commissioner of natural resources, in new text end 15.32 new text begin consultation with the local elected officials new text end 15.33 new text begin and citizens of Meeker County, shall develop new text end 15.34 new text begin a plan for Greenleaf Lake State Recreation new text end 15.35 new text begin Area. The commissioner shall submit the new text end 16.1 new text begin plan to the legislative committees with new text end 16.2 new text begin jurisdiction over state parks and capital new text end 16.3 new text begin investment by February 1, 2008. new text end 16.4 new text begin Subd. 6. new text end new text begin Trails and Waterways Management new text end new text begin 29,942,000 new text end new text begin 30,147,000 new text end 16.5 new text begin Appropriations by Fund new text end 16.6 new text begin General new text end new text begin 2,528,000 new text end new text begin 2,548,000 new text end 16.7 new text begin Natural Resources new text end new text begin 25,295,000 new text end new text begin 25,405,000 new text end 16.8 new text begin Game and Fish new text end new text begin 2,119,000 new text end new text begin 2,194,000 new text end 16.9 new text begin $8,424,000 the first year and $8,424,000 new text end 16.10 new text begin the second year are from the snowmobile new text end 16.11 new text begin trails and enforcement account in the natural new text end 16.12 new text begin resources fund for snowmobile grants-in-aid. new text end 16.13 new text begin The additional money under this paragraph new text end 16.14 new text begin may be used for new grant-in-aid trails. Any new text end 16.15 new text begin unencumbered balance does not cancel at the new text end 16.16 new text begin end of the first year and is available for the new text end 16.17 new text begin second year. new text end 16.18 new text begin $1,140,000 the first year and $1,132,000 the new text end 16.19 new text begin second year are from the natural resources new text end 16.20 new text begin fund for off-highway vehicle grants-in-aid. new text end 16.21 new text begin Of this amount, $790,000 the first year new text end 16.22 new text begin and $882,000 the second year are from the new text end 16.23 new text begin all-terrain vehicle account; $150,000 each new text end 16.24 new text begin year is from the off-highway motorcycle new text end 16.25 new text begin account; and $200,000 the first year and new text end 16.26 new text begin $100,000 the second year are from the new text end 16.27 new text begin off-road vehicle account. Any unencumbered new text end 16.28 new text begin balance does not cancel at the end of the first new text end 16.29 new text begin year and is available for the second year. new text end 16.30 new text begin $261,000 the first year and $261,000 the new text end 16.31 new text begin second year are from the water recreation new text end 16.32 new text begin account in the natural resources fund for a new text end 16.33 new text begin safe harbor program on Lake Superior. new text end 16.34 new text begin $742,000 the first year and $760,000 new text end 16.35 new text begin the second year are from the natural new text end 17.1 new text begin resources fund for state trail operations new text end 17.2 new text begin and maintenance. The money may be used new text end 17.3 new text begin for trail maintenance, signage, mapping, new text end 17.4 new text begin interpretation, native prairie restoration new text end 17.5 new text begin using best management practices, and new text end 17.6 new text begin maintenance of nonmotorized forest trails. new text end 17.7 new text begin This appropriation is from the revenue new text end 17.8 new text begin deposited in the natural resources fund new text end 17.9 new text begin under Minnesota Statutes, section 297A.94, new text end 17.10 new text begin paragraph (e), clause (2). new text end 17.11 new text begin $32,000 the first year and $107,000 the new text end 17.12 new text begin second year are from the game and fish fund new text end 17.13 new text begin and is added to the base for expenditures new text end 17.14 new text begin on water access sites according to the new text end 17.15 new text begin requirements of the federal sport and fish new text end 17.16 new text begin restoration program. new text end 17.17 new text begin Subd. 7. new text end new text begin Fish and Wildlife Management new text end new text begin 67,072,000 new text end new text begin 68,394,000 new text end 17.18 new text begin Appropriations by Fund new text end 17.19 new text begin General new text end new text begin 3,255,000 new text end new text begin 3,255,000 new text end 17.20 new text begin Natural Resources new text end new text begin 1,876,000 new text end new text begin 1,876,000 new text end 17.21 new text begin Game and Fish new text end new text begin 61,941,000 new text end new text begin 63,263,000 new text end 17.22 new text begin $410,000 the first year and $418,000 the new text end 17.23 new text begin second year are for resource population new text end 17.24 new text begin surveys in the 1837 treaty area. Of this new text end 17.25 new text begin amount, $274,000 the first year and $288,000 new text end 17.26 new text begin the second year are from the game and fish new text end 17.27 new text begin fund. new text end 17.28 new text begin $8,061,000 the first year and $8,167,000 new text end 17.29 new text begin the second year are from the heritage new text end 17.30 new text begin enhancement account in the game and new text end 17.31 new text begin fish fund for only the purposes specified new text end 17.32 new text begin in Minnesota Statutes, section 297A.94, new text end 17.33 new text begin paragraph (e), clause (1). Of this amount, new text end 17.34 new text begin $1,175,000 the first year and $1,175,000 the new text end 17.35 new text begin second year are for preserving, restoring, and new text end 18.1 new text begin enhancing grassland/wetland complexes on new text end 18.2 new text begin public lands. new text end 18.3 new text begin Notwithstanding Minnesota Statutes, section new text end 18.4 new text begin 84.943, $13,000 the first year and $13,000 new text end 18.5 new text begin the second year from the critical habitat new text end 18.6 new text begin private sector matching account may be used new text end 18.7 new text begin to publicize the critical habitat license plate new text end 18.8 new text begin match program. new text end 18.9 new text begin $8,000 the first year and $8,000 the second new text end 18.10 new text begin year are appropriated from the game and new text end 18.11 new text begin fish fund for transfer to the wild turkey new text end 18.12 new text begin management account for purposes specified new text end 18.13 new text begin in Minnesota Statutes, section 97A.075, new text end 18.14 new text begin subdivision 5. new text end 18.15 new text begin $108,000 the first year and $108,000 the new text end 18.16 new text begin second year are from the game and fish new text end 18.17 new text begin fund for costs associated with administering new text end 18.18 new text begin fishing contest permits. new text end 18.19 new text begin $182,000 the first year and $132,000 the new text end 18.20 new text begin second year are to accelerate wildlife health new text end 18.21 new text begin programs and to prevent the spread of new text end 18.22 new text begin disease from livestock and poultry to the new text end 18.23 new text begin wildlife population. $50,000 in the first new text end 18.24 new text begin year is for fencing cattle-feeding areas in new text end 18.25 new text begin bovine tuberculosis control zones, under the new text end 18.26 new text begin emergency deterrent materials assistance new text end 18.27 new text begin program in Minnesota Statutes, section new text end 18.28 new text begin 97A.028, subdivision 3. This appropriation new text end 18.29 new text begin is available until June 30, 2009. $66,000 of new text end 18.30 new text begin this amount is permanent. new text end 18.31 new text begin $575,000 the first year and $575,000 the new text end 18.32 new text begin second year are for preserving, restoring, and new text end 18.33 new text begin enhancing grassland/wetland complexes on new text end 18.34 new text begin public lands. new text end 19.1 new text begin $150,000 the first year and $150,000 the new text end 19.2 new text begin second year are from the game and fish fund new text end 19.3 new text begin to expand the roadsides for wildlife program. new text end 19.4 new text begin $175,000 the first year and $175,000 the new text end 19.5 new text begin second year are appropriated from the game new text end 19.6 new text begin and fish fund to the commissioner of natural new text end 19.7 new text begin resources for grants to Let's Go Fishing new text end 19.8 new text begin of Minnesota to promote opportunities new text end 19.9 new text begin for fishing. The grants must be matched new text end 19.10 new text begin equally with cash or in-kind contributions new text end 19.11 new text begin from nonstate sources. This is a onetime new text end 19.12 new text begin appropriation. new text end 19.13 new text begin Notwithstanding Minnesota Statutes, section new text end 19.14 new text begin 16A.28, the appropriations encumbered new text end 19.15 new text begin under contract on or before June 30, 2009, for new text end 19.16 new text begin aquatic restoration grants and wildlife habitat new text end 19.17 new text begin grants are available until June 30, 2010. new text end 19.18 new text begin Subd. 8. new text end new text begin Ecological Services new text end new text begin 14,201,000 new text end new text begin 15,404,000 new text end 19.19 new text begin Appropriations by Fund new text end 19.20 new text begin General new text end new text begin 6,831,000 new text end new text begin 7,934,000 new text end 19.21 new text begin Natural Resources new text end new text begin 3,488,000 new text end new text begin 3,519,000 new text end 19.22 new text begin Game and Fish new text end new text begin 3,882,000 new text end new text begin 3,951,000 new text end 19.23 new text begin $1,192,000 the first year and $1,223,000 the new text end 19.24 new text begin second year are from the nongame wildlife new text end 19.25 new text begin management account in the natural resources new text end 19.26 new text begin fund for the purpose of nongame wildlife new text end 19.27 new text begin management. Notwithstanding Minnesota new text end 19.28 new text begin Statutes, section 290.431, $100,000 the first new text end 19.29 new text begin year and $100,000 the second year may be new text end 19.30 new text begin used for nongame information, education, new text end 19.31 new text begin and promotion. new text end 19.32 new text begin $1,612,000 the first year and $1,636,000 new text end 19.33 new text begin the second year are from the heritage new text end 19.34 new text begin enhancement account in the game and new text end 19.35 new text begin fish fund for only the purposes specified new text end 20.1 new text begin in Minnesota Statutes, section 297A.94, new text end 20.2 new text begin paragraph (e), clause (1), on public lands. new text end 20.3 new text begin $2,765,000 in the first year and $3,985,000 new text end 20.4 new text begin in the second year, of which $1,795,000 the new text end 20.5 new text begin first year and $1,795,000 the second year new text end 20.6 new text begin are from the invasive species account in the new text end 20.7 new text begin natural resources fund for law enforcement new text end 20.8 new text begin and water access inspection to prevent the new text end 20.9 new text begin spread of invasive species, grants to manage new text end 20.10 new text begin invasive plants in public waters, technical new text end 20.11 new text begin assistance to grant applicants for improving new text end 20.12 new text begin lake quality, and management of terrestrial new text end 20.13 new text begin invasive species on state-administered lands. new text end 20.14 new text begin Priority shall be given to preventing the new text end 20.15 new text begin spread of aquatic invertebrates. Of this new text end 20.16 new text begin amount, $250,000 the first year and $250,000 new text end 20.17 new text begin the second year are for a zebra mussel pilot new text end 20.18 new text begin program. This is a onetime appropriation. new text end 20.19 new text begin An applicant for a grant to manage invasive new text end 20.20 new text begin plants in public waters must have a workable new text end 20.21 new text begin plan for improving water quality and new text end 20.22 new text begin reducing the need for additional treatment. new text end 20.23 new text begin Grants may not be made for chemicals that new text end 20.24 new text begin are likely endocrine disruptors. A plan to new text end 20.25 new text begin prevent the introduction of asian carp into new text end 20.26 new text begin Minnesota waters must be made available to new text end 20.27 new text begin the public by November 1, 2007. new text end 20.28 new text begin $125,000 the first year is to support new text end 20.29 new text begin a technical committee and for land new text end 20.30 new text begin management units that manage grass lands new text end 20.31 new text begin in order to develop plans to optimize native new text end 20.32 new text begin prairie seed harvest and replanting on new text end 20.33 new text begin state-owned lands. The work must use best new text end 20.34 new text begin management practices with an outcome of new text end 20.35 new text begin ensuring the survival of the native prairie new text end 20.36 new text begin remaining in Minnesota and to estimate the new text end 21.1 new text begin value of the seeds. Maximizing seed harvest new text end 21.2 new text begin may include allowing seed producers to keep new text end 21.3 new text begin a portion of the seed as compensation for new text end 21.4 new text begin supplying equipment and labor. new text end 21.5 new text begin The Department of Natural Resources new text end 21.6 new text begin in cooperation with the Department of new text end 21.7 new text begin Agriculture and the Board of Water and new text end 21.8 new text begin Soil Resources shall establish a technical new text end 21.9 new text begin advisory committee which has the expertise new text end 21.10 new text begin to develop (1) criteria to identify public new text end 21.11 new text begin and private marginal lands which could be new text end 21.12 new text begin used to produce native prairie seeds of a new text end 21.13 new text begin local ecotype or restore native prairies that new text end 21.14 new text begin could be used to produce clean energy, (2) new text end 21.15 new text begin guidelines for production that ensure high new text end 21.16 new text begin carbon sequestration, protection of wildlife new text end 21.17 new text begin and waters, and minimization of inputs and new text end 21.18 new text begin that do not compromise the survival of the new text end 21.19 new text begin native prairie remaining in Minnesota, and new text end 21.20 new text begin (3) recommendations for incentives that will new text end 21.21 new text begin result in the production of native prairie seeds new text end 21.22 new text begin of a local ecotype or restore native prairies. new text end 21.23 new text begin In addition to agency members, the advisory new text end 21.24 new text begin committee shall have one member from new text end 21.25 new text begin each of two farm organizations, one member new text end 21.26 new text begin from a sustainable farmer organization, one new text end 21.27 new text begin member each from three rural economic new text end 21.28 new text begin development organizations, one member new text end 21.29 new text begin each from three environmental organizations, new text end 21.30 new text begin and one member each from three wildlife or new text end 21.31 new text begin conservation organizations. The technical new text end 21.32 new text begin committee shall work with the NextGen new text end 21.33 new text begin Energy Board to develop a clean energy new text end 21.34 new text begin program. A report on outcomes from the new text end 21.35 new text begin technical committee is due December 15, new text end 22.1 new text begin 2007, to the legislative finance chairs on new text end 22.2 new text begin environment and natural resources. new text end 22.3 new text begin $50,000 in the first year is for the new text end 22.4 new text begin commissioner, in consultation with the new text end 22.5 new text begin Environmental Quality Board, to report to new text end 22.6 new text begin the house and senate committees having new text end 22.7 new text begin jurisdiction over environmental policy new text end 22.8 new text begin and finance by February 1, 2008, on the new text end 22.9 new text begin Mississippi River critical area program. The new text end 22.10 new text begin report shall include the status of critical new text end 22.11 new text begin area plans, zoning ordinances, the number new text end 22.12 new text begin and types of revisions anticipated, and the new text end 22.13 new text begin nature and number of variances sought. The new text end 22.14 new text begin report shall include recommendations that new text end 22.15 new text begin adequately protect and manage the aesthetic new text end 22.16 new text begin integrity and natural environment of the river new text end 22.17 new text begin corridor. new text end 22.18 new text begin $1,500,000 the first year and $1,500,000 the new text end 22.19 new text begin second year are to support the identification new text end 22.20 new text begin of impaired waters and develop plans to new text end 22.21 new text begin address those impairments, as required by the new text end 22.22 new text begin federal Clean Water Act. This is a onetime new text end 22.23 new text begin appropriation. new text end 22.24 new text begin Subd. 9. new text end new text begin Enforcement new text end new text begin 30,021,000 new text end new text begin 30,697,000 new text end 22.25 new text begin Appropriations by Fund new text end 22.26 new text begin General new text end new text begin 3,336,000 new text end new text begin 3,392,000 new text end 22.27 new text begin Natural Resources new text end new text begin 7,163,000 new text end new text begin 7,320,000 new text end 22.28 new text begin Game and Fish new text end new text begin 19,422,000 new text end new text begin 19,885,000 new text end 22.29 new text begin Remediation new text end new text begin 100,000 new text end new text begin 100,000 new text end 22.30 new text begin $100,000 each year is for a conservation new text end 22.31 new text begin officer position to be stationed at Mississippi new text end 22.32 new text begin Headwaters State Forest to work with local new text end 22.33 new text begin jurisdictions, including Native American new text end 22.34 new text begin reservations, in enforcing state law along new text end 22.35 new text begin the Mississippi River from Lake Itasca new text end 23.1 new text begin downstream to Lake Bemidji and in the new text end 23.2 new text begin Bemidji region. new text end 23.3 new text begin $1,082,000 the first year and $1,082,000 the new text end 23.4 new text begin second year are from the water recreation new text end 23.5 new text begin account in the natural resources fund for new text end 23.6 new text begin grants to counties for boat and water safety. new text end 23.7 new text begin $100,000 the first year and $100,000 the new text end 23.8 new text begin second year are from the remediation fund new text end 23.9 new text begin for solid waste enforcement activities under new text end 23.10 new text begin Minnesota Statutes, section 116.073. new text end 23.11 new text begin $315,000 the first year and $315,000 the new text end 23.12 new text begin second year are from the snowmobile new text end 23.13 new text begin trails and enforcement account in the new text end 23.14 new text begin natural resources fund for grants to local new text end 23.15 new text begin law enforcement agencies for snowmobile new text end 23.16 new text begin enforcement activities. new text end 23.17 new text begin $1,164,000 the first year and $1,164,000 new text end 23.18 new text begin the second year are from the heritage new text end 23.19 new text begin enhancement account in the game and new text end 23.20 new text begin fish fund for only the purposes specified new text end 23.21 new text begin in Minnesota Statutes, section 297A.94, new text end 23.22 new text begin paragraph (e), clause (1). new text end 23.23 new text begin $225,000 the first year and $225,000 new text end 23.24 new text begin the second year are from the natural new text end 23.25 new text begin resources fund for grants to county law new text end 23.26 new text begin enforcement agencies for off-highway new text end 23.27 new text begin vehicle enforcement and public education new text end 23.28 new text begin activities based on off-highway vehicle use new text end 23.29 new text begin in the county. Of this amount, $213,000 each new text end 23.30 new text begin year is from the all-terrain vehicle account, new text end 23.31 new text begin $11,000 each year is from the off-highway new text end 23.32 new text begin motorcycle account, and $1,000 each year new text end 23.33 new text begin is from the off-road vehicle account. The new text end 23.34 new text begin county enforcement agencies may use new text end 23.35 new text begin money received under this appropriation new text end 24.1 new text begin to make grants to other local enforcement new text end 24.2 new text begin agencies within the county that have a high new text end 24.3 new text begin concentration of off-highway vehicle use. Of new text end 24.4 new text begin this appropriation, $25,000 each year is for new text end 24.5 new text begin administration of these grants. new text end 24.6 new text begin $15,000 the first year and $5,000 the second new text end 24.7 new text begin year are from the off-road vehicle account new text end 24.8 new text begin in the natural resources fund to establish new text end 24.9 new text begin the off-road vehicle environment and safety new text end 24.10 new text begin education and training program under new text end 24.11 new text begin Minnesota Statutes, section 84.8015. new text end 24.12 new text begin $50,000 the first year and $225,000 the new text end 24.13 new text begin second year are from the natural resources new text end 24.14 new text begin fund for grants to qualifying off-highway new text end 24.15 new text begin vehicle organizations to assist in safety and new text end 24.16 new text begin environmental education and monitoring new text end 24.17 new text begin trails on public lands. Of this appropriation, new text end 24.18 new text begin $25,000 each year is for administration of new text end 24.19 new text begin these grants. new text end 24.20 new text begin Overtime must be distributed to conservation new text end 24.21 new text begin officers at historical levels; however, a new text end 24.22 new text begin reasonable reduction or addition may be new text end 24.23 new text begin made to the officer's allocation, if justified, new text end 24.24 new text begin based on an individual officer's workload. If new text end 24.25 new text begin funding for enforcement is reduced because new text end 24.26 new text begin of an unallotment, the overtime bank may be new text end 24.27 new text begin reduced in proportion to reductions made in new text end 24.28 new text begin other areas of the budget. new text end 24.29 new text begin Subd. 10. new text end new text begin Operations Support new text end new text begin 3,794,000 new text end new text begin 3,775,000 new text end 24.30 new text begin Appropriations by Fund new text end 24.31 new text begin General new text end new text begin 2,221,000 new text end new text begin 2,211,000 new text end 24.32 new text begin Natural Resources new text end new text begin 484,000 new text end new text begin 484,000 new text end 24.33 new text begin Game and Fish new text end new text begin 1,089,000 new text end new text begin 1,080,000 new text end 25.1 new text begin $38,000 in the first year is from the game and new text end 25.2 new text begin fish fund for the study on the natural stands new text end 25.3 new text begin of wild rice required in article 2. new text end 25.4 new text begin $270,000 the first year and $270,000 the new text end 25.5 new text begin second year are from the natural resources new text end 25.6 new text begin fund for grants to be divided equally between new text end 25.7 new text begin the city of St. Paul for the Como Zoo new text end 25.8 new text begin and Conservatory and the city of Duluth new text end 25.9 new text begin for the Duluth Zoo. This appropriation new text end 25.10 new text begin is from the revenue deposited to the fund new text end 25.11 new text begin under Minnesota Statutes, section 297A.94, new text end 25.12 new text begin paragraph (e), clause (5). new text end 25.13 new text begin $55,000 in the first year and $7,000 in the new text end 25.14 new text begin second year are to be transferred to the new text end 25.15 new text begin Environmental Quality Board to fulfill the new text end 25.16 new text begin requirement of Minnesota Statutes, sections new text end 25.17 new text begin 116C.92 and 116C.94. new text end 25.18 25.19 Sec. 5. new text begin BOARD OF WATER AND SOIL new text end new text begin RESOURCES new text end new text begin $ new text end new text begin 22,369,000 new text end new text begin $ new text end new text begin 22,728,000 new text end 25.20 new text begin $4,102,000 the first year and $4,102,000 the new text end 25.21 new text begin second year are for natural resources block new text end 25.22 new text begin grants to local governments. The board may new text end 25.23 new text begin reduce the amount of the natural resources new text end 25.24 new text begin block grant to a county by an amount equal to new text end 25.25 new text begin any reduction in the county's general services new text end 25.26 new text begin allocation to a soil and water conservation new text end 25.27 new text begin district from the county's previous year new text end 25.28 new text begin allocation when the board determines that new text end 25.29 new text begin the reduction was disproportionate. Grants new text end 25.30 new text begin must be matched with a combination of local new text end 25.31 new text begin cash or in-kind contributions. The base grant new text end 25.32 new text begin portion related to water planning must be new text end 25.33 new text begin matched by an amount that would be raised new text end 25.34 new text begin by a levy under Minnesota Statutes, section new text end 25.35 new text begin 103B.3369. new text end 26.1 new text begin $3,566,000 the first year and $3,566,000 new text end 26.2 new text begin the second year are for grants requested new text end 26.3 new text begin by soil and water conservation districts for new text end 26.4 new text begin general purposes, nonpoint engineering, new text end 26.5 new text begin and implementation of the reinvest in new text end 26.6 new text begin Minnesota conservation reserve program. new text end 26.7 new text begin Upon approval of the board, expenditures new text end 26.8 new text begin may be made from these appropriations for new text end 26.9 new text begin supplies and services benefiting soil and new text end 26.10 new text begin water conservation districts. Any district new text end 26.11 new text begin requesting a grant under this paragraph new text end 26.12 new text begin shall create and maintain a Web page that new text end 26.13 new text begin publishes, at a minimum, its annual plan, new text end 26.14 new text begin annual report, annual audit, and annual new text end 26.15 new text begin budget, including membership dues and new text end 26.16 new text begin meeting notices and minutes. new text end 26.17 new text begin $3,250,000 the first year and $3,250,000 new text end 26.18 new text begin the second year are for grants to soil and new text end 26.19 new text begin water conservation districts for cost-sharing new text end 26.20 new text begin contracts for erosion control and water new text end 26.21 new text begin quality management. Of this amount, at least new text end 26.22 new text begin $1,200,000 the first year and $1,200,000 the new text end 26.23 new text begin second year are for grants for cost-sharing new text end 26.24 new text begin contracts to establish and maintain vegetation new text end 26.25 new text begin buffers of restored native prairie and restored new text end 26.26 new text begin prairie using seeds of a local ecotype region. new text end 26.27 new text begin $300,000 the first year and $300,000 the new text end 26.28 new text begin second year are available to begin county new text end 26.29 new text begin cooperative weed management programs new text end 26.30 new text begin on natural lands and private lands enrolled new text end 26.31 new text begin in state and federal conservation programs new text end 26.32 new text begin and to restore native plants in selected new text end 26.33 new text begin invasive species management sites by new text end 26.34 new text begin providing local native seeds and plants new text end 26.35 new text begin to landowners for implementation. This new text end 26.36 new text begin appropriation is available until expended. If new text end 27.1 new text begin the appropriation in either year is insufficient, new text end 27.2 new text begin the appropriation in the other year is available new text end 27.3 new text begin for it. Notwithstanding Minnesota Statutes, new text end 27.4 new text begin section 103C.501, any balance in the board's new text end 27.5 new text begin cost-share program that remains from the new text end 27.6 new text begin fiscal year 2007 appropriation is available new text end 27.7 new text begin in an amount up to $2,000 for a grant to new text end 27.8 new text begin the Faribault Soil and Water Conservation new text end 27.9 new text begin District to pay for erosion repair on the Blue new text end 27.10 new text begin Earth River, and up to $40,000 is available for new text end 27.11 new text begin grants to soil and water conservation districts new text end 27.12 new text begin for Web site development and reporting; and new text end 27.13 new text begin $100,000 in fiscal years 2008 and 2009 is new text end 27.14 new text begin for evaluating and reporting on performance, new text end 27.15 new text begin financial, and activity information of local new text end 27.16 new text begin water management entities as provided for in new text end 27.17 new text begin article 2, section 38. new text end 27.18 new text begin The board shall develop a forestry practice new text end 27.19 new text begin docket for cost-share money. The board shall new text end 27.20 new text begin develop standards or policies for cost-share new text end 27.21 new text begin practices for the following purposes: (1) new text end 27.22 new text begin establishment and maintenance of vegetated new text end 27.23 new text begin buffers of restored prairie or restored native new text end 27.24 new text begin prairie using seeds of a local ecotype; new text end 27.25 new text begin (2) establishment of cooperative weed new text end 27.26 new text begin management programs on private natural new text end 27.27 new text begin lands and lands enrolled in state and federal new text end 27.28 new text begin conservation programs and restoration of new text end 27.29 new text begin native plants in selected invasive species new text end 27.30 new text begin management sites by providing local native new text end 27.31 new text begin seeds and plants to landowners; and (3) new text end 27.32 new text begin establishment of soil and water conservation new text end 27.33 new text begin and ecological improvement practices on new text end 27.34 new text begin private forest lands. new text end 27.35 new text begin $100,000 the first year and $100,000 the new text end 27.36 new text begin second year are for a grant to the Red new text end 28.1 new text begin River Basin Commission to develop a Red new text end 28.2 new text begin River basin plan and to coordinate water new text end 28.3 new text begin management activities in the states and new text end 28.4 new text begin provinces bordering the Red River. The new text end 28.5 new text begin unencumbered balance in the first year does new text end 28.6 new text begin not cancel but is available for the second new text end 28.7 new text begin year. new text end 28.8 new text begin $5,450,000 the first year and $5,450,000 the new text end 28.9 new text begin second year are for implementation of the new text end 28.10 new text begin Clean Water Legacy Act as follows: new text end 28.11 new text begin (1) $1,500,000 each year is for targeted new text end 28.12 new text begin nonpoint restoration cost-share and incentive new text end 28.13 new text begin payments, of which up to $1,400,000 each new text end 28.14 new text begin year is available for grants. Of this amount, new text end 28.15 new text begin $250,000 each year must be contracted for new text end 28.16 new text begin services with the Minnesota Conservation new text end 28.17 new text begin Corps. The grant funds are available until new text end 28.18 new text begin expended; new text end 28.19 new text begin (2) $2,000,000 each year is for targeted new text end 28.20 new text begin nonpoint restoration and protection and new text end 28.21 new text begin technical, compliance, and engineering new text end 28.22 new text begin assistance activities, of which up to new text end 28.23 new text begin $1,325,000 the first year and $1,700,000 new text end 28.24 new text begin the second year are available for grants, of new text end 28.25 new text begin which $225,000 the first year is to inventory new text end 28.26 new text begin wetland mitigation opportunities and water new text end 28.27 new text begin quality and watershed improvement projects new text end 28.28 new text begin in a greater than 80 percent area and of new text end 28.29 new text begin which $150,000 the first year is to conduct a new text end 28.30 new text begin regionwide wetland mitigation siting analysis new text end 28.31 new text begin for greater than 80 percent areas. The new text end 28.32 new text begin $225,000 amount shall include an inventory new text end 28.33 new text begin of the wetland and water resources that have new text end 28.34 new text begin been developed on former mine lands and new text end 28.35 new text begin an analysis of the functions and values of new text end 29.1 new text begin those wetland and water resources. This is a new text end 29.2 new text begin onetime appropriation and is available until new text end 29.3 new text begin June 30, 2009. The $150,000 amount for new text end 29.4 new text begin analysis shall (i) evaluate wetland mitigation new text end 29.5 new text begin opportunities in each watershed and wetland new text end 29.6 new text begin bank service area, (ii) develop goals for new text end 29.7 new text begin maintaining water quality in the greater than new text end 29.8 new text begin 80 percent areas, and (iii) identify wetland new text end 29.9 new text begin mitigation opportunities in other regions with new text end 29.10 new text begin a greater loss of wetlands or with impaired new text end 29.11 new text begin waters. This is a onetime appropriation and new text end 29.12 new text begin is available until June 30, 2009. A report on new text end 29.13 new text begin the analysis outcomes shall be given to the new text end 29.14 new text begin house and senate chairs of the environment new text end 29.15 new text begin and natural resources policy and finance new text end 29.16 new text begin committees by January 15, 2009; new text end 29.17 new text begin (3) $200,000 each year is for reporting new text end 29.18 new text begin and evaluating applied soil and water new text end 29.19 new text begin conservation practices; new text end 29.20 new text begin (4) $1,000,000 each year is for grants new text end 29.21 new text begin to implement county individual sewage new text end 29.22 new text begin treatment system programs. Of this new text end 29.23 new text begin amount, after a county has complied with new text end 29.24 new text begin requirements to adopt ordinances pursuant new text end 29.25 new text begin to Minnesota Statutes, section 115.55, new text end 29.26 new text begin subdivision 2, the county may request grants new text end 29.27 new text begin of up to $60,000 the first year and $60,000 new text end 29.28 new text begin the second year to inventory properties with new text end 29.29 new text begin individual sewage treatment systems that new text end 29.30 new text begin are an imminent threat to public health or new text end 29.31 new text begin safety due to water discharges of untreated new text end 29.32 new text begin sewage, and require compliance under an new text end 29.33 new text begin applicable ordinance. The grant amount new text end 29.34 new text begin shall be proportional to the number of new text end 29.35 new text begin properties expected to be inventoried. Each new text end 29.36 new text begin county receiving an appropriation under new text end 30.1 new text begin this paragraph shall report the number of new text end 30.2 new text begin inspections and the number determined to be new text end 30.3 new text begin an imminent threat to public health or safety new text end 30.4 new text begin to the Pollution Control Agency by February new text end 30.5 new text begin 1 of each year; new text end 30.6 new text begin (5) $650,000 each year is for feedlot water new text end 30.7 new text begin quality grants for feedlots under 300 animal new text end 30.8 new text begin units where there are impaired waters; and new text end 30.9 new text begin (6) $100,000 each year is to the Minnesota new text end 30.10 new text begin River Basin Joint Powers Board, also known new text end 30.11 new text begin as the Minnesota River Board, for operating new text end 30.12 new text begin expenses to measure and report the results of new text end 30.13 new text begin projects in the 12 major watersheds within new text end 30.14 new text begin the Minnesota River basin. new text end 30.15 new text begin If the appropriations in clauses (1) to (6) in new text end 30.16 new text begin either year are insufficient, the appropriation new text end 30.17 new text begin in the other year is available for it. All of new text end 30.18 new text begin the money appropriated in clauses (1) to new text end 30.19 new text begin (6) as grants to local governments shall be new text end 30.20 new text begin administered through the Board of Water new text end 30.21 new text begin and Soil Resources' local water resources new text end 30.22 new text begin protection and management program under new text end 30.23 new text begin Minnesota Statutes, section 103B.3369. new text end 30.24 new text begin $140,000 the first year and $140,000 new text end 30.25 new text begin the second year are for a grant to Area new text end 30.26 new text begin II, Minnesota River Basin Projects, new text end 30.27 new text begin for floodplain management, including new text end 30.28 new text begin administration of programs. new text end 30.29 new text begin $1,120,000 the first year and $1,060,000 the new text end 30.30 new text begin second year may be spent for the following new text end 30.31 new text begin purposes to support implementation of the new text end 30.32 new text begin Wetland Conservation Act: $500,000 each new text end 30.33 new text begin year is to make grants to local units of new text end 30.34 new text begin governments to improve response to major new text end 30.35 new text begin wetland violations; $500,000 each year is for new text end 31.1 new text begin staffing to provide adequate state oversight new text end 31.2 new text begin and technical support to local governments new text end 31.3 new text begin administering the Wetland Conservation Act; new text end 31.4 new text begin $60,000 each year is for staff to monitor and new text end 31.5 new text begin enforce wetland replacement and wetland new text end 31.6 new text begin bank sites; and $60,000 the first year is new text end 31.7 new text begin for rulemaking required by changes to the new text end 31.8 new text begin Wetland Conservation Act. new text end 31.9 new text begin $450,000 the first year and $800,000 new text end 31.10 new text begin the second year are to implement new text end 31.11 new text begin recommendations of the Drainage Work new text end 31.12 new text begin Group to enhance public drainage and new text end 31.13 new text begin modernization as follows: $150,000 the first new text end 31.14 new text begin year is to develop guidelines for drainage new text end 31.15 new text begin records preservation and modernization; new text end 31.16 new text begin $500,000 the second year is for cost-share new text end 31.17 new text begin grants to local governments for public new text end 31.18 new text begin drainage records modernization; and new text end 31.19 new text begin $300,000 each year is to provide assistance new text end 31.20 new text begin to local drainage management officials, to new text end 31.21 new text begin facilitate the work of the Drainage Work new text end 31.22 new text begin Group, to staff a drainage assistance team, new text end 31.23 new text begin and to update the Minnesota Public Drainage new text end 31.24 new text begin Manual. All of the money appropriated in new text end 31.25 new text begin this paragraph as grants to local governments new text end 31.26 new text begin shall be administered through the Board new text end 31.27 new text begin of Water and Soil Resources' local water new text end 31.28 new text begin resources protection and management new text end 31.29 new text begin program under Minnesota Statutes, section new text end 31.30 new text begin 103B.3369. new text end 31.31 new text begin In addition to other authorities, the Board new text end 31.32 new text begin of Water and Soil Resources may reduce, new text end 31.33 new text begin withhold, or redirect grants and other funding new text end 31.34 new text begin if the local water management entity has new text end 31.35 new text begin not corrected deficiencies as prescribed in a new text end 32.1 new text begin notice from the board within one year from new text end 32.2 new text begin the date of the notice. new text end 32.3 Sec. 6. new text begin METROPOLITAN COUNCIL new text end new text begin $ new text end new text begin 8,620,000 new text end new text begin $ new text end new text begin 8,620,000 new text end 32.4 new text begin Appropriations by Fund new text end 32.5 new text begin 2008 new text end new text begin 2009 new text end 32.6 new text begin General new text end new text begin 4,050,000 new text end new text begin 4,050,000 new text end 32.7 new text begin Natural Resources new text end new text begin 4,570,000 new text end new text begin 4,570,000 new text end 32.8 new text begin $4,050,000 the first year and $4,050,000 new text end 32.9 new text begin the second year are for metropolitan parks new text end 32.10 new text begin operations. new text end 32.11 new text begin $4,570,000 the first year and $4,570,000 the new text end 32.12 new text begin second year are from the natural resources new text end 32.13 new text begin fund for metropolitan area regional parks new text end 32.14 new text begin and trails maintenance and operations. This new text end 32.15 new text begin appropriation is from the revenue deposited new text end 32.16 new text begin in the natural resources fund under Minnesota new text end 32.17 new text begin Statutes, section 297A.94, paragraph (e), new text end 32.18 new text begin clause (3). new text end 32.19 32.20 Sec. 7. new text begin MINNESOTA CONSERVATION new text end new text begin CORPS new text end new text begin $ new text end new text begin 840,000 new text end new text begin $ new text end new text begin 840,000 new text end 32.21 new text begin Appropriations by Fund new text end 32.22 new text begin 2008 new text end new text begin 2009 new text end 32.23 new text begin General new text end new text begin 350,000 new text end new text begin 350,000 new text end 32.24 new text begin Natural Resources new text end new text begin 490,000 new text end new text begin 490,000 new text end 32.25 new text begin The Minnesota Conservation Corps may new text end 32.26 new text begin receive money appropriated from the new text end 32.27 new text begin natural resources fund under this section new text end 32.28 new text begin only as provided in an agreement with the new text end 32.29 new text begin commissioner of natural resources. new text end 32.30ARTICLE 2 32.31ENVIRONMENT AND NATURAL RESOURCES POLICY 32.32    Section 1. Minnesota Statutes 2006, section 10A.01, subdivision 35, is amended to 32.33read: 33.1    Subd. 35. Public official. "Public official" means any: 33.2    (1) member of the legislature; 33.3    (2) individual employed by the legislature as secretary of the senate, legislative 33.4auditor, chief clerk of the house, revisor of statutes, or researcher, legislative analyst, or 33.5attorney in the Office of Senate Counsel and Research or House Research; 33.6    (3) constitutional officer in the executive branch and the officer's chief administrative 33.7deputy; 33.8    (4) solicitor general or deputy, assistant, or special assistant attorney general; 33.9    (5) commissioner, deputy commissioner, or assistant commissioner of any state 33.10department or agency as listed in section 15.01 or 15.06, or the state chief information 33.11officer; 33.12    (6) member, chief administrative officer, or deputy chief administrative officer of a 33.13state board or commission that has either the power to adopt, amend, or repeal rules under 33.14chapter 14, or the power to adjudicate contested cases or appeals under chapter 14; 33.15    (7) individual employed in the executive branch who is authorized to adopt, amend, 33.16or repeal rules under chapter 14 or adjudicate contested cases under chapter 14; 33.17    (8) executive director of the State Board of Investment; 33.18    (9) deputy of any official listed in clauses (7) and (8); 33.19    (10) judge of the Workers' Compensation Court of Appeals; 33.20    (11) administrative law judge or compensation judge in the State Office of 33.21Administrative Hearings or referee in the Department of Employment and Economic 33.22Development; 33.23    (12) member, regional administrator, division director, general counsel, or operations 33.24manager of the Metropolitan Council; 33.25    (13) member or chief administrator of a metropolitan agency; 33.26    (14) director of the Division of Alcohol and Gambling Enforcement in the 33.27Department of Public Safety; 33.28    (15) member or executive director of the Higher Education Facilities Authority; 33.29    (16) member of the board of directors or president of Minnesota Technology, Inc.; 33.30    (17) member of the board of directors or executive director of the Minnesota State 33.31High School League; 33.32    (18) member of the Minnesota Ballpark Authority established in section 473.755; or 33.33    (19) citizen member of the Legislative-Citizen Commission on Minnesota 33.34Resources. new text begin ; new text end 33.35     new text begin (20) manager of a watershed district or member of a watershed management new text end 33.36 new text begin organization; or new text end 34.1     new text begin (21) supervisor of a soil and water conservation district. new text end 34.2    Sec. 2. Minnesota Statutes 2006, section 15.99, subdivision 3, is amended to read: 34.3    Subd. 3. Application; extensions. (a) The time limit in subdivision 2 begins upon 34.4the agency's receipt of a written request containing all information required by law or by 34.5a previously adopted rule, ordinance, or policy of the agency, including the applicable 34.6application fee. If an agency receives a written request that does not contain all required 34.7information, the 60-day limit starts over only if the agency sends written notice within 15 34.8business days of receipt of the request telling the requester what information is missing. 34.9    (b) If a request relating to zoning, septic systems, watershed district review, soil and 34.10water conservation district review, or expansion of the metropolitan urban service area 34.11requires the approval of more than one state agency in the executive branch, the 60-day 34.12period in subdivision 2 begins to run for all executive branch agencies on the day a request 34.13containing all required information is received by one state agency. The agency receiving 34.14the request must forward copies to other state agencies whose approval is required. 34.15    (c) An agency response new text begin , including an approval with conditions, new text end meets the 60-day 34.16time limit if the agency can document that the response was sent within 60 days of receipt 34.17of the written request. new text begin Failure to satisfy the conditions, if any, may be a basis to revoke new text end 34.18 new text begin or rescind the approval by the agency and will not give rise to a claim that the 60-day new text end 34.19 new text begin limit was not met. new text end 34.20    (d) The time limit in subdivision 2 is extended if a state statute, federal law, or court 34.21order requires a process to occur before the agency acts on the request, and the time 34.22periods prescribed in the state statute, federal law, or court order make it impossible to 34.23act on the request within 60 days. In cases described in this paragraph, the deadline is 34.24extended to 60 days after completion of the last process required in the applicable statute, 34.25law, or order. Final approval of an agency receiving a request is not considered a process 34.26for purposes of this paragraph. 34.27    (e) The time limit in subdivision 2 is extended if: (1) a request submitted to a state 34.28agency requires prior approval of a federal agency; or (2) an application submitted to 34.29a city, county, town, school district, metropolitan or regional entity, or other political 34.30subdivision requires prior approval of a state or federal agency. In cases described in 34.31this paragraph, the deadline for agency action is extended to 60 days after the required 34.32prior approval is granted. 34.33    (f) An agency may extend the time limit in subdivision 2 before the end of the 34.34initial 60-day period by providing written notice of the extension to the applicant. The 35.1notification must state the reasons for the extension and its anticipated length, which may 35.2not exceed 60 days unless approved by the applicant. 35.3    (g) An applicant may by written notice to the agency request an extension of the 35.4time limit under this section. 35.5 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 35.6    Sec. 3. Minnesota Statutes 2006, section 16A.531, subdivision 1a, is amended to read: 35.7    Subd. 1a. Revenues. The following revenues must be deposited in the 35.8environmental fund: 35.9    (1) all revenue from the motor vehicle transfer fee imposed under section 115A.908; 35.10    (2) all fees collected under section 116.07, subdivision 4d; 35.11    (3) all money collected by the Pollution Control Agency in enforcement matters 35.12as provided in section 115.073; 35.13    (4) all revenues from license fees for individual sewage treatment systems under 35.14section 115.56; 35.15    (5) all loan repayments deposited under section 115A.0716; 35.16    (6) all revenue from pollution prevention fees imposed under section 115D.12; 35.17    (7) all loan repayments deposited under section 116.994; 35.18    (8) all fees collected under section 116C.834; 35.19    (9) revenue collected from the solid waste management tax pursuant to chapter 297H; 35.20    (10) fees collected under section 473.844; and 35.21    (11) interest accrued on the fund new text begin ; and new text end 35.22     new text begin (12) money received in the form of gifts, grants, reimbursement, or appropriation new text end 35.23 new text begin from any source for any of the purposes provided in subdivision 2, except federal grants new text end . 35.24    Sec. 4. new text begin [17.035] VENISON DISTRIBUTION AND REIMBURSEMENT. new text end 35.25     new text begin Subdivision 1. new text end new text begin Reimbursement. new text end new text begin A meat processor holding a license under chapter new text end 35.26 new text begin 28A may apply to the commissioner of agriculture for reimbursement of $70 towards the new text end 35.27 new text begin cost of processing a deer donated according to subdivision 1. The meat processor shall new text end 35.28 new text begin deliver the deer, processed into cuts or ground meat, to a charitable organization that is new text end 35.29 new text begin registered under chapter 309 and with the commissioner of agriculture and that operates new text end 35.30 new text begin a food assistance program. To request reimbursement, the processor shall submit an new text end 35.31 new text begin application, on a form prescribed by the commissioner of agriculture, the tag number new text end 35.32 new text begin under which the deer was taken, and a receipt for the deer from the charitable organization. new text end 35.33     new text begin Subd. 2. new text end new text begin Distribution. new text end new text begin (a) The commissioner of agriculture shall ensure the new text end 35.34 new text begin equitable statewide distribution of processed deer by requiring the charitable organization new text end 36.1 new text begin to allocate and distribute processed deer according to the allocation formula used in the new text end 36.2 new text begin distribution of United States Department of Agriculture commodities under the federal new text end 36.3 new text begin emergency food assistance program. The charitable organization must submit quarterly new text end 36.4 new text begin reports to the commissioner on forms prescribed by the commissioner. The reports must new text end 36.5 new text begin include, but are not limited to, information on the amount of processed deer received and new text end 36.6 new text begin the organizations to which the meat was distributed. new text end 36.7     new text begin (b) The commissioner of agriculture may adopt rules to implement this section. new text end 36.8    Sec. 5. Minnesota Statutes 2006, section 17.4984, subdivision 1, is amended to read: 36.9    Subdivision 1. License required. (a) A person or entity may not operate an aquatic 36.10farm without first obtaining an aquatic farm license from the commissioner. 36.11    (b) Applications for an aquatic farm license must be made on forms provided by 36.12the commissioner. 36.13    (c) Licenses are valid for five years and are transferable upon notification to the 36.14commissioner. 36.15    (d) The commissioner shall issue an aquatic farm license on payment of the required 36.16license fee under section 17.4988. 36.17    (e) A license issued by the commissioner is not a determination of private property 36.18rights, but is only based on a determination that the licensee does not have a significant 36.19detrimental impact on the public resource. 36.20     new text begin (f) The commissioner shall not issue or renew a license to raise minnows in a natural new text end 36.21 new text begin water body if the natural water body is the subject of a protective easement or other new text end 36.22 new text begin interest in land that was acquired with funding from federal waterfowl stamp proceeds new text end 36.23 new text begin or migratory waterfowl stamp proceeds under section 97A.075, subdivision 2, or if the new text end 36.24 new text begin natural water body was the subject of any other development, restoration, maintenance, or new text end 36.25 new text begin preservation project funded under section 97A.075, subdivision 2. new text end 36.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2008. new text end 36.27    Sec. 6. Minnesota Statutes 2006, section 84.025, subdivision 9, is amended to read: 36.28    Subd. 9. Professional services support account. The commissioner of natural 36.29resources may bill the various programs carried out by the commissioner for the costs of 36.30providing them with professional support services. new text begin Except as provided under section new text end 36.31 new text begin 89.421, new text end receipts must be credited to a special account in the state treasury and are 36.32appropriated to the commissioner to pay the costs for which the billings were made. 36.33    The commissioner of natural resources shall submit to the commissioner of finance 36.34before the start of each fiscal year a work plan showing the estimated work to be done 37.1during the coming year, the estimated cost of doing the work, and the positions and fees 37.2that will be necessary. This account is exempted from statewide and agency indirect 37.3cost payments. 37.4    Sec. 7. new text begin [84.02] DEFINITIONS. new text end 37.5     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin For purposes of this chapter, the terms defined in this new text end 37.6 new text begin section shall have the meanings given them. new text end 37.7     new text begin Subd. 2. new text end new text begin Best management practice for native prairie restoration. new text end new text begin "Best new text end 37.8 new text begin management practice for native prairie restoration" means using seeds collected from a new text end 37.9 new text begin native prairie within the same county or within 25 miles of the county's border, but not new text end 37.10 new text begin across the boundary of an ecotype region. new text end 37.11     new text begin Subd. 3. new text end new text begin Created grassland. new text end new text begin "Created grassland" means a restoration using seeds new text end 37.12 new text begin or plants with origins outside of the state of Minnesota. new text end 37.13     new text begin Subd. 4. new text end new text begin Ecotype region. new text end new text begin "Ecotype region" means the following ecological new text end 37.14 new text begin subsections and counties based on the Department of Natural Resources map, "County new text end 37.15 new text begin Landscape Groupings Based on Ecological Subsections," dated February 15, 2007. new text end 37.16 new text begin Ecotype Region new text end new text begin Counties or portions thereof: new text end 37.17 37.18 37.19 new text begin Rochester Plateau, Blufflands, and Oak new text end new text begin Savanna new text end new text begin Houston, Winona, Fillmore, Wabasha, new text end new text begin Goodhue, Mower, Freeborn, Steele, new text end new text begin Olmsted, Rice, Waseca, Dakota, Dodge new text end 37.20 37.21 37.22 new text begin Anoka Sand Plain, Big Woods, and St. new text end new text begin Paul Baldwin Plains and Moraines new text end new text begin Anoka, Hennepin, Ramsey, Washington, new text end new text begin Chisago, Scott, Carver, McLeod, Wright, new text end new text begin Benton, Isanti, Le Sueur, Sherburne new text end 37.23 37.24 new text begin Inner Coteau and Coteau Moraines new text end new text begin Lincoln, Lyon, Pipestone, Rock, Murray, new text end new text begin Nobles, Jackson, Cottonwood new text end 37.25 new text begin Red River Prairie (South) new text end new text begin Traverse, Wilkin, Clay, Becker new text end 37.26 37.27 37.28 new text begin Red River Prairie (North) and Aspen new text end new text begin Parklands new text end new text begin Kittson, Roseau, Red Lake, Pennington, new text end new text begin Marshall, Clearwater, Mahnomen, Polk, new text end new text begin Norman new text end 37.29 37.30 37.31 new text begin Minnesota River Prairie (North) new text end new text begin Big Stone, Pope, Stevens, Grant, Swift, new text end new text begin Chippewa, Meeker, Kandiyohi, Renville, new text end new text begin Lac qui Parle, Yellow Medicine new text end 37.32 37.33 new text begin Minnesota River Prairie (South) new text end new text begin Nicollet, Redwood, Brown, Watonwan, new text end new text begin Martin, Faribault, Blue Earth, Sibley new text end 37.34 37.35 new text begin Hardwood Hills new text end new text begin Douglas, Morrison, Otter Tail, Stearns, new text end new text begin Todd new text end 37.36     new text begin Subd. 5. new text end new text begin Native prairie. new text end new text begin "Native prairie" means land that has never been plowed new text end 37.37 new text begin where native prairie vegetation originating from the site currently predominates or, if new text end 37.38 new text begin disturbed, is predominantly covered with native prairie vegetation that originated from the new text end 37.39 new text begin site. Unbroken pasture land used for livestock grazing can be considered native prairie if it new text end 38.1 new text begin has predominantly native vegetation originating from the site and conservation practices new text end 38.2 new text begin have maintained biological diversity. new text end 38.3     new text begin Subd. 6. new text end new text begin Native prairie species of a local ecotype. new text end new text begin "Native prairie species of a local new text end 38.4 new text begin ecotype" means a genetically differentiated population of a species that has at least one new text end 38.5 new text begin trait (morphological, biochemical, fitness, or phenological) that is evolutionarily adapted new text end 38.6 new text begin to local environmental conditions, notably plant competitors, pathogens, pollinators, soil new text end 38.7 new text begin microorganisms, growing season length, climate, hydrology, and soil. new text end 38.8     new text begin Subd. 7. new text end new text begin Restored native prairie. new text end new text begin "Restored native prairie" means a restoration new text end 38.9 new text begin using at least 25 representative and biologically diverse native prairie plant species of a new text end 38.10 new text begin local ecotype originating in the same county as the restoration site or within 25 miles of new text end 38.11 new text begin the county's border, but not across the boundary of an ecotype region. new text end 38.12     new text begin Subd. 8. new text end new text begin Restored prairie. new text end new text begin "Restored prairie" means a restoration using at least new text end 38.13 new text begin 25 representative and biologically diverse native prairie plant species originating from new text end 38.14 new text begin the same ecotype region in which the restoration occurs. new text end 38.15    Sec. 8. Minnesota Statutes 2006, section 84.026, subdivision 1, is amended to read: 38.16    Subdivision 1. Contracts. The commissioner of natural resources is authorized 38.17to enter into contractual agreements with any public or private entity for the provision 38.18of statutorily prescribed natural resources services by the department. The contracts 38.19shall specify the services to be provided. new text begin Except as provided under section 89.421, new text end funds 38.20generated in a contractual agreement made pursuant to this section shall be deposited in 38.21the special revenue fund and are appropriated to the department for purposes of providing 38.22the services specified in the contracts. The commissioner shall report revenues collected 38.23and expenditures made under this subdivision to the chairs of the Committees on Ways and 38.24Means in the house and Finance in the senate by January 1 of each odd-numbered year. 38.25    Sec. 9. Minnesota Statutes 2006, section 84.0272, is amended by adding a subdivision 38.26to read: 38.27     new text begin Subd. 5. new text end new text begin Easement information. new text end new text begin Parties to an easement purchased under the new text end 38.28 new text begin authority of the commissioner must: new text end 38.29     new text begin (1) specify in the easement all provisions that are perpetual in nature; new text end 38.30     new text begin (2) file the easement with the county recorder or registrar of titles in the county new text end 38.31 new text begin in which the land is located; and new text end 38.32     new text begin (3) submit an electronic copy of the easement to the commissioner. new text end 38.33    Sec. 10. Minnesota Statutes 2006, section 84.0855, subdivision 1, is amended to read: 39.1    Subdivision 1. Sales authorized; gift certificates. The commissioner may 39.2sell natural resources-related publications and maps; new text begin forest resource assessment new text end 39.3 new text begin products; new text end federal migratory waterfowl, junior duck, and other federal stamps; and other 39.4nature-related merchandise, and may rent or sell items for the convenience of persons using 39.5Department of Natural Resources facilities or services. The commissioner may sell gift 39.6certificates for any items rented or sold. Notwithstanding section 16A.1285, a fee charged 39.7by the commissioner under this section may include a reasonable amount in excess of the 39.8actual cost to support Department of Natural Resources programs. The commissioner may 39.9advertise the availability of a program or item offered under this section. 39.10    Sec. 11. Minnesota Statutes 2006, section 84.0855, subdivision 2, is amended to read: 39.11    Subd. 2. Receipts; appropriation. new text begin Except as provided under section 89.421, new text end 39.12money received by the commissioner under this section or to buy supplies for the use of 39.13volunteers, may be credited to one or more special accounts in the state treasury and is 39.14appropriated to the commissioner for the purposes for which the money was received. 39.15Money received from sales at the state fair shall be available for state fair related costs. 39.16Money received from sales of intellectual property and software products or services shall 39.17be available for development, maintenance, and support of software products and systems. 39.18    Sec. 12. Minnesota Statutes 2006, section 84.780, is amended to read: 39.1984.780 OFF-HIGHWAY VEHICLE DAMAGE ACCOUNT. 39.20    (a) The off-highway vehicle damage account is created in the natural resources fund. 39.21Money in the off-highway vehicle damage account is appropriated to the commissioner 39.22of natural resources for the repair or restoration of property damaged by the operation of 39.23off-highway vehicles in an unpermitted new text begin illegal new text end area after August 1, 2003, and for the costs 39.24of administration for this section. Before the commissioner may make a payment from 39.25this account, the commissioner must determine whether the damage to the property was 39.26caused by the unpermitted new text begin illegal new text end use of off-highway vehicles, that the applicant has made 39.27reasonable efforts to identify the responsible individual and obtain payment from the 39.28individual, and that the applicant has made reasonable efforts to prevent reoccurrence. 39.29By June 30, 2008, the commissioner of finance must transfer the remaining balance in the 39.30account to the off-highway motorcycle account under section , the off-road vehicle 39.31account under section , and the all-terrain vehicle account under section . 39.32The amount transferred to each account must be proportionate to the amounts received in 39.33the damage account from the relevant off-highway vehicle accounts. 40.1    (b) Determinations of the commissioner under this section may be made by written 40.2order and are exempt from the rulemaking provisions of chapter 14. Section 14.386 40.3does not apply. 40.4    (c) This section expires July 1, 2008 new text begin These funds are available until expended new text end . 40.5    Sec. 13. new text begin [84.8045] RESTRICTIONS ON OFF-ROAD VEHICLE TRAILS. new text end 40.6     new text begin Notwithstanding any provision of sections 84.797 to 84.805 or other law to the new text end 40.7 new text begin contrary, the commissioner shall not permit land administered by the commissioner in new text end 40.8 new text begin Beltrami, Cass, Crow Wing, and Hubbard Counties to be used or developed for trails new text end 40.9 new text begin primarily for off-road vehicles as defined in section 84.797, subdivision 7, except: new text end 40.10     new text begin (1) upon approval by the legislature; or new text end 40.11     new text begin (2) in designated off-road vehicle use areas. new text end 40.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 40.13    Sec. 14. new text begin [84.9011] OFF-HIGHWAY VEHICLE SAFETY AND CONSERVATION new text end 40.14 new text begin PROGRAM. new text end 40.15     new text begin Subdivision 1. new text end new text begin Creation. new text end new text begin The commissioner of natural resources shall establish new text end 40.16 new text begin a program to promote the safe and responsible operation of off-highway vehicles in a new text end 40.17 new text begin manner that does not harm the environment. The commissioner shall coordinate the new text end 40.18 new text begin program through the regional offices of the Department of Natural Resources. new text end 40.19     new text begin Subd. 2. new text end new text begin Purpose. new text end new text begin The purpose of the program is to encourage off-highway vehicle new text end 40.20 new text begin clubs to assist, on a volunteer basis, in improving, maintaining, and monitoring of trails on new text end 40.21 new text begin state forest land and other public lands. new text end 40.22     new text begin Subd. 3. new text end new text begin Agreements. new text end new text begin (a) The commissioner shall enter into informal agreements new text end 40.23 new text begin with off-highway vehicle clubs for volunteer services to maintain, make improvements to, new text end 40.24 new text begin and monitor trails on state forest land and other public lands. The off-highway vehicle new text end 40.25 new text begin clubs shall promote the operation of off-highway vehicles in a safe and responsible manner new text end 40.26 new text begin that complies with the laws and rules that relate to the operation of off-highway vehicles. new text end 40.27     new text begin (b) The off-highway vehicle clubs may provide assistance to the department in new text end 40.28 new text begin locating, recruiting, and training instructors for off-highway vehicle training programs. new text end 40.29     new text begin (c) The commissioner may provide assistance to enhance the comfort and safety new text end 40.30 new text begin of volunteers and to facilitate the implementation and administration of the safety and new text end 40.31 new text begin conservation program. new text end 40.32     new text begin Subd. 4. new text end new text begin Worker displacement prohibited. new text end new text begin The commissioner may not enter into new text end 40.33 new text begin any agreement that has the purpose of or results in the displacement of public employees new text end 40.34 new text begin by volunteers participating in the off-highway safety and conservation program under new text end 41.1 new text begin this section. The commissioner must certify to the appropriate bargaining agent that the new text end 41.2 new text begin work performed by a volunteer will not result in the displacement of currently employed new text end 41.3 new text begin workers or workers on seasonal layoff or layoff from a substantially equivalent position, new text end 41.4 new text begin including partial displacement such as reduction in hours of nonovertime work, wages, or new text end 41.5 new text begin other employment benefits. new text end 41.6    Sec. 15. Minnesota Statutes 2006, section 84.927, subdivision 2, is amended to read: 41.7    Subd. 2. Purposes. Subject to appropriation by the legislature, money in the 41.8all-terrain vehicle account may only be spent for: 41.9    (1) the education and training program under section 84.925; 41.10    (2) administration, enforcement, and implementation of sections 84.773 to 84.929; 41.11    (3) acquisition, maintenance, and development of vehicle trails and use areas; 41.12    (4) grant-in-aid programs to counties and municipalities to construct and maintain 41.13all-terrain vehicle trails and use areas; 41.14    (5) grants-in-aid to local safety programs; and 41.15    (6) enforcement and public education grants to local law enforcement agencies. new text begin ; and new text end 41.16     new text begin (7) maintenance of minimum-maintenance forest roads according to section 89.71, new text end 41.17 new text begin subdivision 5, and county forest roads within state forest boundaries as defined under new text end 41.18 new text begin section 89.021. new text end 41.19    The distribution of funds made available through grant-in-aid programs must be 41.20guided by the statewide comprehensive outdoor recreation plan. 41.21    Sec. 16. Minnesota Statutes 2006, section 84.963, is amended to read: 41.2284.963 PRAIRIE PLANT SEED PRODUCTION AREAS. 41.23     new text begin (a) new text end The commissioner of natural resources shall study the feasibility of establishing 41.24private or public prairie plant seed production areas within prairie land locations. If 41.25prairie plant seed production is feasible, the commissioner may aid the establishment of 41.26production areas. The commissioner may enter cost-share or sharecrop agreements with 41.27landowners having easements for conservation purposes of ten or more years on their land 41.28to commercially produce prairie plant seed of Minnesota origin. The commissioner may 41.29only aid prairie plant seed production areas on agricultural land used to produce crops 41.30before December 23, 1985, and cropped three out of five years between 1981 and 1985. 41.31     new text begin (b) The commissioner shall compile, prepare, and electronically disseminate to new text end 41.32 new text begin the public prairie establishment guidance materials and resources. The resources must new text end 41.33 new text begin provide information and guidance on project planning, seed selection including ecotype new text end 41.34 new text begin and species mix, site preparation, seeding, maintenance, and technical service providers. new text end 42.1 new text begin The commissioner shall use actual prairie restoration projects under development on new text end 42.2 new text begin state-owned land to illustrate and demonstrate the practices described. new text end 42.3    Sec. 17. Minnesota Statutes 2006, section 84D.02, is amended by adding a subdivision 42.4to read: 42.5     new text begin Subd. 7. new text end new text begin Contracts for services for emergency invasive species prevention work; new text end 42.6 new text begin commissions to persons employed. new text end new text begin The commissioner may contract for or accept the new text end 42.7 new text begin services of any persons whose aid is available, temporarily or otherwise, in emergency new text end 42.8 new text begin invasive species prevention work, either gratuitously or for compensation not in excess of new text end 42.9 new text begin the limits provided by law with respect to the employment of labor by the commissioner. new text end 42.10 new text begin The commissioner may issue a commission, or other written evidence of authority, to any new text end 42.11 new text begin person whose services are so arranged for and may thereby empower the person to act, new text end 42.12 new text begin temporarily or otherwise, in any other capacity, with powers and duties as may be specified new text end 42.13 new text begin in the commission or other written evidence of authority, but not in excess of the powers new text end 42.14 new text begin conferred by law. The commissioner of agriculture, under authority provided by law, shall new text end 42.15 new text begin cooperate with the commissioner in emergency control of invasive species prevention. new text end 42.16    Sec. 18. Minnesota Statutes 2006, section 84D.13, subdivision 7, is amended to read: 42.17    Subd. 7. Satisfaction of civil penalties. A civil penalty is due and a watercraft 42.18license suspension is effective 30 days after issuance of the civil citation. A civil penalty 42.19collected under this section is payable to the commissioner and must be credited to the 42.20water recreation account new text begin invasive species account new text end . 42.21    Sec. 19. new text begin [84D.15] INVASIVE SPECIES ACCOUNT. new text end 42.22     new text begin Subdivision 1. new text end new text begin Creation. new text end new text begin The invasive species account is created in the state new text end 42.23 new text begin treasury in the natural resources fund. new text end 42.24     new text begin Subd. 2. new text end new text begin Receipts. new text end new text begin Money received from surcharges on watercraft licenses under new text end 42.25 new text begin section 86B.415, subdivision 7, and civil penalties under section 84D.13 shall be deposited new text end 42.26 new text begin in the invasive species account. Each year, the commissioner of finance shall transfer from new text end 42.27 new text begin the game and fish fund to the invasive species account, the annual surcharge collected on new text end 42.28 new text begin nonresident fishing licenses under section 97A.475, subdivision 7, paragraph (b). new text end 42.29     new text begin Subd. 3. new text end new text begin Use of money in account. new text end new text begin Money credited to the invasive species account new text end 42.30 new text begin in subdivision 2 shall be used for management of invasive species and implementation of new text end 42.31 new text begin this chapter as it pertains to invasive species, including control, public awareness, law new text end 42.32 new text begin enforcement, assessment and monitoring, management planning, and research. new text end 43.1    Sec. 20. new text begin [85.0146] CUYUNA COUNTRY STATE RECREATION AREA; new text end 43.2 new text begin CITIZENS ADVISORY COUNCIL. new text end 43.3     new text begin Subdivision 1. new text end new text begin Advisory council created. new text end new text begin The Cuyuna Country State Recreation new text end 43.4 new text begin Area Citizens Advisory Council is established. Membership on the advisory council new text end 43.5 new text begin shall include: new text end 43.6     new text begin (1) a representative of the Cuyuna Range Mineland Recreation Area Joint Powers new text end 43.7 new text begin Board; new text end 43.8     new text begin (2) a representative of the Croft Mine Historical Park Joint Powers Board; new text end 43.9     new text begin (3) a designee of the Cuyuna Range Mineland Reclamation Committee who has new text end 43.10 new text begin worked as a miner in the local area; new text end 43.11     new text begin (4) a representative of the Crow Wing County Board; new text end 43.12     new text begin (5) an elected state official; new text end 43.13     new text begin (6) a representative of the Grand Rapids regional office of the Department of Natural new text end 43.14 new text begin Resources; new text end 43.15     new text begin (7) a designee of the Iron Range Resources and Rehabilitation Board; new text end 43.16     new text begin (8) a designee of the local business community selected by the area chambers of new text end 43.17 new text begin commerce; new text end 43.18     new text begin (9) a designee of the local environmental community selected by the Crow Wing new text end 43.19 new text begin County District 5 commissioner; new text end 43.20     new text begin (10) a designee of a local education organization selected by the Crosby-Ironton new text end 43.21 new text begin School Board; new text end 43.22     new text begin (11) a designee of one of the recreation area user groups selected by the Cuyuna new text end 43.23 new text begin Range Chamber of Commerce; and new text end 43.24     new text begin (12) a member of the Cuyuna Country Heritage Preservation Society. new text end 43.25     new text begin Subd. 2. new text end new text begin Administration. new text end new text begin (a) The advisory council must meet at least four times new text end 43.26 new text begin annually. The council shall elect a chair and meetings shall be at the call of the chair. new text end 43.27     new text begin (b) Members of the advisory council shall serve as volunteers for two-year terms new text end 43.28 new text begin with the ability to be reappointed. Members shall accept no per diem. new text end 43.29     new text begin (c) The state recreation area manager may attend the council meetings and advise new text end 43.30 new text begin the council of issues in management of the recreation area. new text end 43.31     new text begin (d) Before a major decision is implemented in the Cuyuna Country State Recreation new text end 43.32 new text begin Area, the area manager must consult with the council and take into consideration any new text end 43.33 new text begin council comments or advice that may impact the major decision. new text end 43.34    Sec. 21. Minnesota Statutes 2006, section 85.054, subdivision 12, is amended to read: 44.1    Subd. 12. Soudan Underground Mine State Park. A state park permit is not 44.2required and a fee may not be charged for motor vehicle entry or new text begin , new text end parking at the visitor 44.3parking area of Soudan Underground Mine State Park new text begin , or for tours of the High Energy new text end 44.4 new text begin Physics Lab by supervised kindergarten through grade 12 school classes during the school new text end 44.5 new text begin year new text end . 44.6    Sec. 22. Minnesota Statutes 2006, section 85.054, is amended by adding a subdivision 44.7to read: 44.8     new text begin Subd. 13. new text end new text begin Cuyuna Country State Recreation Area. new text end new text begin A state park permit is not new text end 44.9 new text begin required and a fee may not be charged for motor vehicle entry or parking at Croft Mine new text end 44.10 new text begin Historical Park and Portsmouth Mine Lake Overlook in Cuyuna Country State Recreation new text end 44.11 new text begin Area, except for overnight camping. new text end 44.12    Sec. 23. Minnesota Statutes 2006, section 86B.706, subdivision 2, is amended to read: 44.13    Subd. 2. Money deposited in account. The following shall be deposited in the state 44.14treasury and credited to the water recreation account: 44.15    (1) fees and surcharges from titling and licensing of watercraft under this chapter; 44.16    (2) fines, installment payments, and forfeited bail according to section 86B.705, 44.17subdivision 2 ; 44.18    (3) civil penalties according to section ; 44.19    (4) mooring fees and receipts from the sale of marine gas at state-operated or 44.20state-assisted small craft harbors and mooring facilities according to section 86A.21; 44.21    (5) new text begin (4) new text end the unrefunded gasoline tax attributable to watercraft use under section 44.22296A.18 ; and 44.23    (6) new text begin (5) new text end fees for permits issued to control or harvest aquatic plants other than wild 44.24rice under section 103G.615, subdivision 2. 44.25    Sec. 24. Minnesota Statutes 2006, section 89.22, subdivision 2, is amended to read: 44.26    Subd. 2. Receipts to natural resources new text begin special revenue new text end fund. Fees collected under 44.27subdivision 1 shall be credited to a forest land use account in the natural resources fund new text begin new text end 44.28 new text begin the special revenue fund and are annually appropriated to the commissioner to recoup the new text end 44.29 new text begin costs of developing, operating, and maintaining facilities necessary for the specified uses new text end 44.30 new text begin in subdivision 1 or to prevent or mitigate resource impacts of those uses new text end . 44.31 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2007, and applies to fees new text end 44.32 new text begin collected according to Minnesota Statutes, section 89.22, subdivision 1, after August new text end 44.33 new text begin 1, 2006. new text end 45.1    Sec. 25. new text begin [89.421] FOREST RESOURCE ASSESSMENT PRODUCTS AND new text end 45.2 new text begin SERVICES ACCOUNT. new text end 45.3     new text begin Subdivision 1. new text end new text begin Creation. new text end new text begin The forest resource assessment products and services new text end 45.4 new text begin account is created in the state treasury in the natural resources fund. new text end 45.5     new text begin Subd. 2. new text end new text begin Receipts. new text end new text begin Money received from forest resource assessment product sales new text end 45.6 new text begin and services provided by the commissioner under sections 84.025, subdivision 9; 84.026; new text end 45.7 new text begin and 84.0855 shall be credited to the forest resource assessment products and services new text end 45.8 new text begin account. Forest resource assessment products and services include the sale of aerial new text end 45.9 new text begin photography, remote sensing, and satellite imagery products and services. new text end 45.10     new text begin Subd. 3. new text end new text begin Use of money in account. new text end new text begin Money credited to the forest resource new text end 45.11 new text begin assessment products and services account under subdivision 2 is annually appropriated to new text end 45.12 new text begin the commissioner and shall be used to maintain the staff and facilities producing the aerial new text end 45.13 new text begin photography, remote sensing, and satellite imagery products and services. new text end 45.14    Sec. 26. new text begin [89.62] SHADE TREE PEST CONTROL; GRANT PROGRAM. new text end 45.15     new text begin Subdivision 1. new text end new text begin Grants. new text end new text begin The commissioner may make grants to aid in the control of new text end 45.16 new text begin a shade tree pest. To be eligible, a grantee must have a pest control program approved new text end 45.17 new text begin by the commissioner that: new text end 45.18     new text begin (1) defines tree ownership and who is responsible for the costs associated with new text end 45.19 new text begin control measures; new text end 45.20     new text begin (2) defines the zone of infestation within which the control measures are to be new text end 45.21 new text begin applied; new text end 45.22     new text begin (3) includes a tree inspector certified under section 89.63 and having the authority to new text end 45.23 new text begin enter and inspect private lands; new text end 45.24     new text begin (4) has the means to enforce measures needed to limit the spread of shade tree new text end 45.25 new text begin pests; and new text end 45.26     new text begin (5) provides that grant money received will be deposited in a separate fund to be new text end 45.27 new text begin spent only for the purposes authorized by this section. new text end 45.28     new text begin Subd. 2. new text end new text begin Grant eligibility. new text end new text begin The following are eligible for grants under this section: new text end 45.29     new text begin (1) a home rule charter or statutory city or a town that exercises municipal powers new text end 45.30 new text begin under section 368.01 or any general or special law; new text end 45.31     new text begin (2) a special park district organized under chapter 398; new text end 45.32     new text begin (3) a special-purpose park and recreation board; new text end 45.33     new text begin (4) a soil and water conservation district; new text end 45.34     new text begin (5) a county; or new text end 46.1     new text begin (6) any other organization with the legal authority to enter into contractual new text end 46.2 new text begin agreements. new text end 46.3     new text begin Subd. 3. new text end new text begin Rules; applicability to municipalities. new text end new text begin The rules and procedures adopted new text end 46.4 new text begin under this section by the commissioner apply in a municipality unless the municipality new text end 46.5 new text begin adopts an ordinance determined by the commissioner to be more stringent than the rules new text end 46.6 new text begin and procedures of the commissioner. The rules and procedures of the commissioner or new text end 46.7 new text begin the municipality apply to all state agencies, special purpose districts, and metropolitan new text end 46.8 new text begin commissions as defined in section 473.121, subdivision 5a, that own or control land new text end 46.9 new text begin adjacent to or within a zone of infestation. new text end 46.10    Sec. 27. Minnesota Statutes 2006, section 90.161, is amended by adding a subdivision 46.11to read: 46.12     new text begin Subd. 4. new text end new text begin Change of security. new text end new text begin Prior to any harvest activity, or activities incidental new text end 46.13 new text begin to the preparation for harvest, a purchaser having posted a bond for 100 percent of the new text end 46.14 new text begin purchase price of a sale may request the release of the bond and the commissioner new text end 46.15 new text begin shall grant such release upon cash payment to the commissioner of the down payment new text end 46.16 new text begin requirement of the sale, plus interest. new text end 46.17    Sec. 28. Minnesota Statutes 2006, section 93.22, subdivision 1, is amended to read: 46.18    Subdivision 1. Generally. new text begin (a) new text end All payments under sections 93.14 to 93.285 shall 46.19be made to the Department of Natural Resources and shall be credited according to this 46.20section. 46.21    (a) If the lands or minerals and mineral rights covered by a lease are held by the state 46.22by virtue of an act of Congress, payments made under the lease shall be credited to the 46.23permanent fund of the class of land to which the leased premises belong. 46.24    (b) If a lease covers the bed of navigable waters, payments made under the lease 46.25shall be credited to the permanent school fund of the state. 46.26    (c) If the lands or minerals and mineral rights covered by a lease are held by the 46.27state in trust for the taxing districts, payments made under the lease shall be distributed 46.28annually on the first day of September as follows: 46.29    (1) 20 percent to the general fund; and 46.30    (2) 80 percent to the respective counties in which the lands lie, to be apportioned 46.31among the taxing districts interested therein as follows: county, three-ninths; town or city, 46.32two-ninths; and school district, four-ninths. 47.1    (d) Except as provided under this section and except where the disposition of 47.2payments may be otherwise directed by law, all payments shall be paid into the general 47.3fund of the state. 47.4     new text begin (b) Twenty percent of all payments under sections new text end new text begin to new text end new text begin shall be new text end 47.5 new text begin credited to the minerals management account in the natural resources fund as costs for new text end 47.6 new text begin the administration and management of state mineral resources by the commissioner of new text end 47.7 new text begin natural resources. new text end 47.8     new text begin (c) The remainder of the payments shall be credited as follows: new text end 47.9     new text begin (1) if the lands or minerals and mineral rights covered by a lease are held by the state new text end 47.10 new text begin by virtue of an act of Congress, payments made under the lease shall be credited to the new text end 47.11 new text begin permanent fund of the class of land to which the leased premises belong; new text end 47.12     new text begin (2) if a lease covers the bed of navigable waters, payments made under the lease new text end 47.13 new text begin shall be credited to the permanent school fund of the state; new text end 47.14     new text begin (3) if the lands or minerals and mineral rights covered by a lease are held by the state new text end 47.15 new text begin in trust for the taxing districts, payments made under the lease shall be distributed annually new text end 47.16 new text begin on the first day of September to the respective counties in which the lands lie, to be new text end 47.17 new text begin apportioned among the taxing districts interested therein as follows: county, three-ninths; new text end 47.18 new text begin town or city, two-ninths; and school district, four-ninths; new text end 47.19     new text begin (4) if the lands or mineral rights covered by a lease became the absolute property of new text end 47.20 new text begin the state under the provisions of chapter 84A, payments made under the lease shall be new text end 47.21 new text begin distributed as follows: county containing the land from which the income was derived, new text end 47.22 new text begin five-eighths; and general fund of the state, three-eighths; and new text end 47.23     new text begin (5) except as provided under this section and except where the disposition of new text end 47.24 new text begin payments may be otherwise directed by law, payments made under a lease shall be paid new text end 47.25 new text begin into the general fund of the state. new text end 47.26    Sec. 29. Minnesota Statutes 2006, section 97A.055, subdivision 4, is amended to read: 47.27    Subd. 4. Game and fish annual reports. (a) By December 15 each year, 47.28the commissioner shall submit to the legislative committees having jurisdiction over 47.29appropriations and the environment and natural resources reports on each of the following: 47.30    (1) the amount of revenue from the following and purposes for which expenditures 47.31were made: 47.32    (i) the small game license surcharge under section 97A.475, subdivision 4; 47.33    (ii) the Minnesota migratory waterfowl stamp under section 97A.475, subdivision 47.345 , clause (1); 47.35    (iii) the trout and salmon stamp under section 97A.475, subdivision 10; 48.1    (iv) the pheasant stamp under section 97A.475, subdivision 5, clause (2); and 48.2    (v) the turkey stamp under section 97A.475, subdivision 5, clause (3); new text begin and new text end 48.3     new text begin (vi) the deer license surcharge under section 97A.475, subdivision 3a; new text end 48.4    (2) the amounts available under section 97A.075, subdivision 1, paragraphs (b) and 48.5(c), and the purposes for which these amounts were spent; 48.6    (3) money credited to the game and fish fund under this section and purposes for 48.7which expenditures were made from the fund; 48.8    (4) outcome goals for the expenditures from the game and fish fund; and 48.9    (5) summary and comments of citizen oversight committee reviews under 48.10subdivision 4b. 48.11    (b) The report must include the commissioner's recommendations, if any, for 48.12changes in the laws relating to the stamps and surcharge referenced in paragraph (a). 48.13    Sec. 30. Minnesota Statutes 2006, section 97A.065, is amended by adding a 48.14subdivision to read: 48.15     new text begin Subd. 6. new text end new text begin Deer license surcharge. new text end new text begin The surcharge collected under section 97A.475, new text end 48.16 new text begin subdivision 3a, shall be deposited in a special revenue account and is appropriated to new text end 48.17 new text begin the commissioner for deer management, including for grants or payments to agencies, new text end 48.18 new text begin organizations, or individuals for assisting with the cost of processing deer taken for new text end 48.19 new text begin population management purposes for venison donation programs. None of the additional new text end 48.20 new text begin license fees shall be transferred to any other agency for administration of programs other new text end 48.21 new text begin than venison donation. If any money transferred by the commissioner is not used for a new text end 48.22 new text begin venison donation program, it shall be returned to the commissioner. new text end 48.23    Sec. 31. Minnesota Statutes 2006, section 97A.133, is amended by adding a 48.24subdivision to read: 48.25     new text begin Subd. 66. Vermillion Highlands Wildlife Management Area, Dakota County. new text end 48.26    Sec. 32. Minnesota Statutes 2006, section 97A.475, is amended by adding a 48.27subdivision to read: 48.28     new text begin Subd. 3a. new text end new text begin Deer license surcharge. new text end new text begin Fees for annual resident and nonresident licenses new text end 48.29 new text begin to take deer by firearms or archery established under subdivisions 2, clauses (4), (5), (9), new text end 48.30 new text begin and (11), and 3, clauses (2), (3), and (7), must be increased by a surcharge of $1, except new text end 48.31 new text begin as provided under section 97A.065, subdivision 6. An additional commission may not new text end 48.32 new text begin be assessed on the surcharge and the following statement must be included in the annual new text end 48.33 new text begin deer hunting regulations: "The $1 deer license surcharge is being paid by hunters for deer new text end 49.1 new text begin management, including assisting with the costs of processing deer donated for charitable new text end 49.2 new text begin purposes." new text end 49.3    Sec. 33. Minnesota Statutes 2006, section 97A.475, subdivision 7, is amended to read: 49.4    Subd. 7. Nonresident fishing. new text begin (a) new text end Fees for the following licenses, to be issued 49.5to nonresidents, are: 49.6    (1) to take fish by angling, $34; 49.7    (2) to take fish by angling limited to seven consecutive days selected by the licensee, 49.8$24; 49.9    (3) to take fish by angling for a 72-hour period selected by the licensee, $20; 49.10    (4) to take fish by angling for a combined license for a family for one or both parents 49.11and dependent children under the age of 16, $46; 49.12    (5) to take fish by angling for a 24-hour period selected by the licensee, $8.50; and 49.13    (6) to take fish by angling for a combined license for a married couple, limited to 49.1414 consecutive days selected by one of the licensees, $35. 49.15     new text begin (b) A $2 surcharge shall be added to all nonresident fishing licenses, except licenses new text end 49.16 new text begin issued under paragraph (a), clause (5). An additional commission may not be assessed new text end 49.17 new text begin on this surcharge. new text end 49.18 new text begin EFFECTIVE DATE. new text end new text begin This section is effective March 1, 2008. new text end 49.19    Sec. 34. Minnesota Statutes 2006, section 97A.485, subdivision 7, is amended to read: 49.20    Subd. 7. Electronic licensing system commission. The commissioner shall retain 49.21for the operation of the electronic licensing system the commission established under 49.22section 84.027, subdivision 15, and issuing fees collected by the commissioner on all 49.23license fees collected, excluding: 49.24    (1) the small game surcharge; and 49.25    (2) new text begin the deer license surcharge; and new text end 49.26     new text begin (3) new text end $2.50 of the license fee for the licenses in section 97A.475, subdivisions 6, 49.27clauses (1) , (2), and (4), 7, 8, 12, and 13. 49.28    Sec. 35. new text begin [97B.303] VENISON DONATIONS. new text end 49.29     new text begin An individual who legally takes a deer may donate the deer, for distribution to new text end 49.30 new text begin charitable food assistance programs, to a meat processor that is licensed under chapter new text end 49.31 new text begin 28A. An individual donating a deer must supply the processor with the tag number under new text end 49.32 new text begin which the deer was taken. new text end 50.1    Sec. 36. Minnesota Statutes 2006, section 97C.081, subdivision 3, is amended to read: 50.2    Subd. 3. Contests requiring a permit. (a) A person must have a permit from the 50.3commissioner to conduct a fishing contest that does not meet the criteria in subdivision 2. 50.4Permits shall be issued without a fee. new text begin The commissioner shall charge a fee for the permit new text end 50.5 new text begin that recovers the costs of issuing the permit and of monitoring the activities allowed by new text end 50.6 new text begin the permit. Receipts collected from this fee shall be credited to the game and fish fund. new text end 50.7 new text begin Notwithstanding section 16A.1283, the commissioner may, by written order published in new text end 50.8 new text begin the State Register, establish contest permit fees. The fees are not subject to the rulemaking new text end 50.9 new text begin provisions of chapter 14 and section 14.386 does not apply. new text end 50.10    (b) If entry fees are over $25 per person, or total prizes are valued at more than 50.11$25,000, and if the applicant has either: 50.12    (1) not previously conducted a fishing contest requiring a permit under this 50.13subdivision; or 50.14    (2) ever failed to make required prize awards in a fishing contest conducted by 50.15the applicant, the commissioner may require the applicant to furnish the commissioner 50.16evidence of financial responsibility in the form of a surety bond or bank letter of credit in 50.17the amount of $25,000. 50.18     new text begin (c) The permit fee for any individual contest may not exceed the following amounts: new text end 50.19     new text begin (1) $120 for an open water contest not exceeding 100 participants and without new text end 50.20 new text begin off-site weigh-in; new text end 50.21     new text begin (2) $400 for an open water contest with more than 100 participants and without new text end 50.22 new text begin off-site weigh-in; new text end 50.23     new text begin (3) $500 for an open water contest not exceeding 100 participants with off-site new text end 50.24 new text begin weigh-in; new text end 50.25     new text begin (4) $1,000 for an open water contest with more than 100 participants with off-site new text end 50.26 new text begin weigh-in; or new text end 50.27     new text begin (5) $120 for an ice fishing contest with more than 150 participants. new text end 50.28    Sec. 37. Minnesota Statutes 2006, section 103B.101, is amended by adding a 50.29subdivision to read: 50.30     new text begin Subd. 12. new text end new text begin Authority to issue penalty orders. new text end new text begin The board may issue an order new text end 50.31 new text begin requiring violations to be corrected and administratively assessing monetary penalties for new text end 50.32 new text begin violations of this chapter and chapters 103C, 103D, 103E, 103F, and 103G, any rules new text end 50.33 new text begin adopted under those chapters, and any standards, limitations, or conditions established new text end 50.34 new text begin by the board. new text end 50.35 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 51.1    Sec. 38. new text begin [103B.102] LOCAL WATER MANAGEMENT ACCOUNTABILITY new text end 51.2 new text begin AND OVERSIGHT. new text end 51.3     new text begin Subdivision 1. new text end new text begin Findings; improving accountability and oversight. new text end new text begin The legislature new text end 51.4 new text begin finds that a process is needed to monitor the performance and activities of local water new text end 51.5 new text begin management entities. The process should be preemptive so that problems can be identified new text end 51.6 new text begin early and systematically. Underperforming entities should be provided assistance and new text end 51.7 new text begin direction for improving performance in a reasonable time frame. new text end 51.8     new text begin Subd. 2. new text end new text begin Definitions. new text end new text begin For the purposes of this section, "local water management new text end 51.9 new text begin entities" means watershed districts, soil and water conservation districts, metropolitan new text end 51.10 new text begin water management organizations, and counties operating separately or jointly in their new text end 51.11 new text begin role as local water management authorities under chapter 103B, 103C, 103D, or 103G new text end 51.12 new text begin and chapter 114D. new text end 51.13     new text begin Subd. 3. new text end new text begin Evaluation and report. new text end new text begin The Board of Water and Soil Resources shall new text end 51.14 new text begin evaluate performance, financial, and activity information for each local water management new text end 51.15 new text begin entity. The board shall evaluate the entities' progress in accomplishing their adopted new text end 51.16 new text begin plans on a regular basis, but not less than once every five years. The board shall maintain new text end 51.17 new text begin a summary of local water management entity performance on the board's Web site. new text end 51.18 new text begin Beginning February 1, 2008, and annually thereafter, the board shall provide an analysis new text end 51.19 new text begin of local water management entity performance to the chairs of the house and senate new text end 51.20 new text begin committees having jurisdiction over environment and natural resources policy. new text end 51.21     new text begin Subd. 4. new text end new text begin Corrective actions. new text end new text begin (a) In addition to other authorities, the Board of Water new text end 51.22 new text begin and Soil Resources may, based on its evaluation in subdivision 3, reduce, withhold, or new text end 51.23 new text begin redirect grants and other funding if the local water management entity has not corrected new text end 51.24 new text begin deficiencies as prescribed in a notice from the board within one year from the date of new text end 51.25 new text begin the notice. new text end 51.26     new text begin (b) The board may defer a decision on a termination petition filed under section new text end 51.27 new text begin 103B.221, 103C.225, or 103D.271 for up to one year to conduct or update the evaluation new text end 51.28 new text begin under subdivision 3 or to communicate the results of the evaluation to petitioners or to new text end 51.29 new text begin local and state government agencies. new text end 51.30    Sec. 39. Minnesota Statutes 2006, section 103C.321, is amended by adding a 51.31subdivision to read: 51.32     new text begin Subd. 6. new text end new text begin Credit card use. new text end new text begin The supervisors may authorize the use of a credit card new text end 51.33 new text begin by any soil and water conservation district officer or employee otherwise authorized new text end 51.34 new text begin to make a purchase on behalf of the soil and water conservation district. If a soil and new text end 51.35 new text begin water conservation district officer or employee makes a purchase by credit card that is not new text end 52.1 new text begin approved by the supervisors, the officer or employee is personally liable for the amount of new text end 52.2 new text begin the purchase. A purchase by credit card must otherwise comply with all statutes, rules, new text end 52.3 new text begin or soil and water conservation district policy applicable to soil and water conservation new text end 52.4 new text begin district purchases. new text end 52.5    Sec. 40. Minnesota Statutes 2006, section 103D.325, is amended by adding a 52.6subdivision to read: 52.7     new text begin Subd. 4. new text end new text begin Credit card use. new text end new text begin The managers may authorize the use of a credit card new text end 52.8 new text begin by any watershed district officer or employee otherwise authorized to make a purchase new text end 52.9 new text begin on behalf of the watershed district. If a watershed district officer or employee makes a new text end 52.10 new text begin purchase by credit card that is not approved by the managers, the officer or employee is new text end 52.11 new text begin personally liable for the amount of the purchase. A purchase by credit card must otherwise new text end 52.12 new text begin comply with all statutes, rules, or watershed district policy applicable to watershed district new text end 52.13 new text begin purchases. new text end 52.14    Sec. 41. Minnesota Statutes 2006, section 103E.021, subdivision 1, is amended to read: 52.15    Subdivision 1. Spoil banks must be spread and grass planted new text begin permanent new text end 52.16 new text begin vegetation established new text end . In any proceeding to establish, construct, improve, or do any 52.17work affecting a public drainage system under any law that appoints viewers to assess 52.18benefits and damages, the authority having jurisdiction over the proceeding shall order 52.19spoil banks to be spread consistent with the plan and function of the drainage system. The 52.20authority shall order that permanent grass, other than a noxious weed, be planted on 52.21the banks new text begin ditch side slopes new text end and on a strip new text begin that a permanent strip of perennial vegetation new text end 52.22 new text begin approved by the drainage authority be established on each side of the ditch. Preference new text end 52.23 new text begin should be given to planting native species of a local ecotype. The approved perennial new text end 52.24 new text begin vegetation shall not impede future maintenance of the ditch. The permanent strips of new text end 52.25 new text begin perennial vegetation shall be new text end 16-1/2 feet in width new text begin measured outward from the top edge new text end 52.26 new text begin of the constructed channel resulting from the proceeding, new text end or to the crown of the leveled 52.27spoil bank, whichever is the greater, on each side of the top edge of the channel of the 52.28ditch. new text begin except for an action by a drainage authority that results only in a redetermination of new text end 52.29 new text begin benefits and damages, for which the required width shall be 16-1/2 feet. Drainage system new text end 52.30 new text begin rights-of-way for new text end the acreage and additional property required for the planting new text begin permanent new text end 52.31 new text begin strips new text end must be acquired by the authority having jurisdiction. 52.32    Sec. 42. Minnesota Statutes 2006, section 103E.021, subdivision 2, is amended to read: 53.1    Subd. 2. Reseeding and harvesting grass new text begin perennial vegetation new text end . The authority 53.2having jurisdiction over the repair and maintenance of the drainage system shall supervise 53.3all necessary reseeding. The permanent grass new text begin strips of perennial vegetation new text end must be 53.4maintained in the same manner as other drainage system repairs. Harvest of the grass new text begin new text end 53.5 new text begin vegetation new text end from the grass new text begin permanent new text end strip in a manner not harmful to the grass new text begin vegetation new text end 53.6or the drainage system is the privilege of the fee owner or assigns. The county drainage 53.7inspector shall establish rules for the fee owner and assigns to harvest the grass new text begin vegetation new text end . 53.8    Sec. 43. Minnesota Statutes 2006, section 103E.021, subdivision 3, is amended to read: 53.9    Subd. 3. Agricultural practices prohibited. Agricultural practices, other than 53.10those required for the maintenance of a permanent growth of grass new text begin perennial vegetation new text end , 53.11are not permitted on any portion of the property acquired for planting new text begin perennial vegetation new text end . 53.12    Sec. 44. Minnesota Statutes 2006, section 103E.021, is amended by adding a 53.13subdivision to read: 53.14     new text begin Subd. 6. new text end new text begin Incremental implementation of vegetated ditch buffer strips and side new text end 53.15 new text begin inlet controls. new text end new text begin (a) Notwithstanding other provisions of this chapter requiring appointment new text end 53.16 new text begin of viewers and redetermination of benefits and damages, a drainage authority may new text end 53.17 new text begin implement permanent buffer strips of perennial vegetation approved by the drainage new text end 53.18 new text begin authority or side inlet controls, or both, adjacent to a public drainage ditch, where new text end 53.19 new text begin necessary to control erosion and sedimentation, improve water quality, or maintain the new text end 53.20 new text begin efficiency of the drainage system. Preference should be given to planting native species of new text end 53.21 new text begin a local ecotype. The approved perennial vegetation shall not impede future maintenance new text end 53.22 new text begin of the ditch. The permanent strips of perennial vegetation shall be 16-1/2 feet in width new text end 53.23 new text begin measured outward from the top edge of the existing constructed channel. Drainage system new text end 53.24 new text begin rights-of-way for the acreage and additional property required for the permanent strips new text end 53.25 new text begin must be acquired by the authority having jurisdiction. new text end 53.26     new text begin (b) A project under this subdivision shall be implemented as a repair according to new text end 53.27 new text begin section 103E.705, except that the drainage authority may appoint an engineer to examine new text end 53.28 new text begin the drainage system and prepare an engineer's repair report for the project. new text end 53.29     new text begin (c) Damages shall be determined by the drainage authority, or viewers, appointed by new text end 53.30 new text begin the drainage authority, according to section 103E.315, subdivision 8. A damages statement new text end 53.31 new text begin shall be prepared, including an explanation of how the damages were determined for each new text end 53.32 new text begin property affected by the project, and filed with the auditor or watershed district. Within 30 new text end 53.33 new text begin days after the damages statement is filed, the auditor or watershed district shall prepare new text end 53.34 new text begin property owners' reports according to section 103E.323, subdivision 1, clauses (1), (2), new text end 54.1 new text begin (6), (7), and (8), and mail a copy of the property owner's report and damages statement to new text end 54.2 new text begin each owner of property affected by the proposed project. new text end 54.3     new text begin (d) After a damages statement is filed, the drainage authority shall set a time, by new text end 54.4 new text begin order, not more than 30 days after the date of the order, for a hearing on the project. At new text end 54.5 new text begin least ten days before the hearing, the auditor or watershed district shall give notice by mail new text end 54.6 new text begin of the time and location of the hearing to the owners of property and political subdivisions new text end 54.7 new text begin likely to be affected by the project. new text end 54.8     new text begin (e) The drainage authority shall make findings and order the repairs to be made if new text end 54.9 new text begin the drainage authority determines from the evidence presented at the hearing and by the new text end 54.10 new text begin viewers and engineer, if appointed, that the repairs are necessary for the drainage system new text end 54.11 new text begin and the costs of the repairs are within the limitations of section 103E.705. new text end 54.12    Sec. 45. new text begin [103E.067] DITCH BUFFER STRIP ANNUAL REPORTING. new text end 54.13     new text begin The drainage authority shall annually submit a report to the Board of Water and Soil new text end 54.14 new text begin Resources for the calendar year including: new text end 54.15     new text begin (1) the number and types of actions for which viewers were appointed; new text end 54.16     new text begin (2) the number of miles of buffer strips established according to section 103E.021; new text end 54.17     new text begin (3) the number of drainage system inspections conducted; and new text end 54.18     new text begin (4) the number of violations of section 103E.021 identified and enforcement actions new text end 54.19 new text begin taken. new text end 54.20    Sec. 46. Minnesota Statutes 2006, section 103E.315, subdivision 8, is amended to read: 54.21    Subd. 8. Extent of damages. Damages to be paid may include: 54.22    (1) the fair market value of the property required for the channel of an open ditch 54.23and the permanent grass strip new text begin of perennial vegetation new text end under section 103E.021; 54.24    (2) the diminished value of a farm due to severing a field by an open ditch; 54.25    (3) loss of crop production during drainage project construction; and 54.26    (4) the diminished productivity or land value from increased overflow. new text begin ; and new text end 54.27     new text begin (5) costs to restore a perennial vegetative cover or structural practice existing new text end 54.28 new text begin under a federal or state conservation program adjacent to the permanent drainage system new text end 54.29 new text begin right-of-way and damaged by the drainage project. new text end 54.30    Sec. 47. Minnesota Statutes 2006, section 103E.321, subdivision 1, is amended to read: 54.31    Subdivision 1. Requirements. The viewers' report must show, in tabular form, 54.32for each lot, 40-acre tract, and fraction of a lot or tract under separate ownership that 54.33is benefited or damaged: 55.1    (1) a description of the lot or tract, under separate ownership, that is benefited or 55.2damaged; 55.3    (2) the names of the owners as they appear on the current tax records of the county 55.4and their addresses; 55.5    (3) the number of acres in each tract or lot; 55.6    (4) the number and value of acres added to a tract or lot by the proposed drainage of 55.7public waters; 55.8    (5) the damage, if any, to riparian rights; 55.9    (6) the damages paid for the permanent grass strip new text begin of perennial vegetation new text end under 55.10section 103E.021; 55.11    (7) the total number and value of acres added to a tract or lot by the proposed 55.12drainage of public waters, wetlands, and other areas not currently being cultivated; 55.13    (8) the number of acres and amount of benefits being assessed for drainage of areas 55.14which before the drainage benefits could be realized would require a public waters work 55.15permit to work in public waters under section 103G.245 to excavate or fill a navigable 55.16water body under United States Code, title 33, section 403, or a permit to discharge into 55.17waters of the United States under United States Code, title 33, section 1344; 55.18    (9) the number of acres and amount of benefits being assessed for drainage of areas 55.19that would be considered conversion of a wetland under United States Code, title 16, 55.20section 3821, if the area was placed in agricultural production; 55.21    (10) the amount of right-of-way acreage required; and 55.22    (11) the amount that each tract or lot will be benefited or damaged. 55.23    Sec. 48. Minnesota Statutes 2006, section 103E.701, is amended by adding a 55.24subdivision to read: 55.25     new text begin Subd. 7. new text end new text begin Restoration; disturbance or destruction by repair. new text end new text begin If a drainage system new text end 55.26 new text begin repair disturbs or destroys a perennial vegetative cover or structural practice existing new text end 55.27 new text begin under a federal or state conservation program adjacent to the permanent drainage system new text end 55.28 new text begin right-of-way, the practice must be restored according to the applicable practice plan or new text end 55.29 new text begin as determined by the drainage authority, if a practice plan is not available. Restoration new text end 55.30 new text begin costs shall be paid by the drainage system. new text end 55.31    Sec. 49. Minnesota Statutes 2006, section 103E.705, subdivision 1, is amended to read: 55.32    Subdivision 1. Inspection. After the construction of a drainage system has been 55.33completed, the drainage authority shall maintain the drainage system that is located in its 55.34jurisdiction new text begin , new text end including grass new text begin the permanent new text end strips new text begin of perennial vegetation new text end under section 56.1103E.021 new text begin , new text end and provide the repairs necessary to make the drainage system efficient. The 56.2drainage authority shall have the drainage system inspected on a regular basis by an 56.3inspection committee of the drainage authority or a drainage inspector appointed by the 56.4drainage authority. new text begin Open drainage ditches shall be inspected at a minimum of every five new text end 56.5 new text begin years when no violation of section 103E.021 is found and annually when a violation of new text end 56.6 new text begin section 103E.021 is found, until one year after the violation is corrected. new text end 56.7    Sec. 50. Minnesota Statutes 2006, section 103E.705, subdivision 2, is amended to read: 56.8    Subd. 2. Grass new text begin Permanent new text end strip new text begin of perennial vegetation new text end inspection and 56.9compliance notice. (a) The drainage authority having jurisdiction over a drainage system 56.10must inspect the drainage system for violations of section 103E.021. If an inspection 56.11committee of the drainage authority or a drainage inspector determines that permanent 56.12grass strips new text begin of perennial vegetation new text end are not being maintained in compliance with section 56.13103E.021 , a compliance notice must be sent to the property owner. 56.14    (b) The notice must state: 56.15    (1) the date the ditch was inspected; 56.16    (2) the persons making the inspection; 56.17    (3) that spoil banks are to be spread in a manner consistent with the plan and function 56.18of the drainage system and new text begin that new text end the drainage system has acquired a grass new text begin permanent new text end strip 56.1916-1/2 feet in width or to the crown of the spoil bank, whichever is greater new text begin of perennial new text end 56.20 new text begin vegetation, according to section 103E.021 new text end ; 56.21    (4) the violations of section 103E.021; 56.22    (5) the measures that must be taken by the property owner to comply with section 56.23103E.021 and the date when the property must be in compliance; and 56.24    (6) that if the property owner does not comply by the date specified, the drainage 56.25authority will perform the work necessary to bring the area into compliance with section 56.26103E.021 and charge the cost of the work to the property owner. 56.27    (c) If a property owner does not bring an area into compliance with section 103E.021 56.28as provided in the compliance notice, the inspection committee or drainage inspector 56.29must notify the drainage authority. 56.30    (d) This subdivision applies to property acquired under section 103E.021. 56.31    Sec. 51. Minnesota Statutes 2006, section 103E.705, subdivision 3, is amended to read: 56.32    Subd. 3. Drainage inspection report. For each drainage system that the board 56.33designates and requires the drainage inspector to examine, the drainage inspector shall 56.34make a drainage inspection report in writing to the board after examining a drainage 57.1system, designating portions that need repair or maintenance of grass new text begin the permanent new text end 57.2strips new text begin of perennial vegetation new text end and the location and nature of the repair or maintenance. 57.3The board shall consider the drainage inspection report at its next meeting and may repair 57.4all or any part of the drainage system as provided under this chapter. The grass new text begin permanent new text end 57.5strips new text begin of perennial vegetation new text end must be maintained in compliance with section 103E.021. 57.6    Sec. 52. Minnesota Statutes 2006, section 103E.728, subdivision 2, is amended to read: 57.7    Subd. 2. Additional assessment for agricultural practices on grass new text begin permanent new text end 57.8strip new text begin of perennial vegetation new text end . (a) The drainage authority may, after notice and hearing, 57.9charge an additional assessment on property that has agricultural practices on or otherwise 57.10violates provisions related to the permanent grass strip new text begin of perennial vegetation new text end acquired 57.11under section 103E.021. 57.12    (b) The drainage authority may determine the cost of the repair per mile of open 57.13ditch on the ditch system. Property that is in violation of the grass requirement shall be 57.14assessed a cost of 20 percent of the repair cost per open ditch mile multiplied by the length 57.15of open ditch in miles on the property in violation. 57.16    (c) After the amount of the additional assessment is determined and applied to the 57.17repair cost, the balance of the repair cost may be apportioned pro rata as provided in 57.18subdivision 1. 57.19    Sec. 53. Minnesota Statutes 2006, section 103G.222, subdivision 1, is amended to read: 57.20    Subdivision 1. Requirements. (a) Wetlands must not be drained or filled, wholly 57.21or partially, unless replaced by restoring or creating wetland areas of at least equal 57.22public value under a replacement plan approved as provided in section 103G.2242, a 57.23replacement plan under a local governmental unit's comprehensive wetland protection 57.24and management plan approved by the board under section 103G.2243, or, if a permit to 57.25mine is required under section 93.481, under a mining reclamation plan approved by the 57.26commissioner under the permit to mine. Mining reclamation plans shall apply the same 57.27principles and standards for replacing wetlands by restoration or creation of wetland areas 57.28that are applicable to mitigation plans approved as provided in section 103G.2242. Public 57.29value must be determined in accordance with section 103B.3355 or a comprehensive 57.30wetland protection and management plan established under section 103G.2243. Sections 57.31103G.221 to 103G.2372 also apply to excavation in permanently and semipermanently 57.32flooded areas of types 3, 4, and 5 wetlands. 57.33    (b) Replacement must be guided by the following principles in descending order 57.34of priority: 58.1    (1) avoiding the direct or indirect impact of the activity that may destroy or diminish 58.2the wetland; 58.3    (2) minimizing the impact by limiting the degree or magnitude of the wetland 58.4activity and its implementation; 58.5    (3) rectifying the impact by repairing, rehabilitating, or restoring the affected 58.6wetland environment; 58.7    (4) reducing or eliminating the impact over time by preservation and maintenance 58.8operations during the life of the activity; 58.9    (5) compensating for the impact by restoring a wetland; and 58.10    (6) compensating for the impact by replacing or providing substitute wetland 58.11resources or environments. 58.12    For a project involving the draining or filling of wetlands in an amount not exceeding 58.1310,000 square feet more than the applicable amount in section 103G.2241, subdivision 9, 58.14paragraph (a), the local government unit may make an on-site sequencing determination 58.15without a written alternatives analysis from the applicant. 58.16    (c) If a wetland is located in a cultivated field, then replacement must be 58.17accomplished through restoration only without regard to the priority order in paragraph 58.18(b), provided that a deed restriction is placed on the altered wetland prohibiting 58.19nonagricultural use for at least ten years. 58.20    (d) new text begin If a wetland is drained under section 103G.2241, subdivision 2, the local new text end 58.21 new text begin government unit may require a deed restriction that prohibits nonagricultural use for at new text end 58.22 new text begin least ten years unless the drained wetland is replaced as provided under this section. The new text end 58.23 new text begin local government unit may require the deed restriction if it determines the wetland area new text end 58.24 new text begin drained is at risk of conversion to a nonagricultural use within ten years based on the new text end 58.25 new text begin zoning classification, proximity to a municipality or full service road, or other criteria as new text end 58.26 new text begin determined by the local government unit. new text end 58.27     new text begin (e) new text end Restoration and replacement of wetlands must be accomplished in accordance 58.28with the ecology of the landscape area affected new text begin and ponds that are created primarily to new text end 58.29 new text begin fulfill stormwater management, and water quality treatment requirements may not be new text end 58.30 new text begin used to satisfy replacement requirements under this chapter unless the design includes new text end 58.31 new text begin pretreatment of runoff and the pond is functioning as a wetland new text end . 58.32    (e) new text begin (f) new text end Except as provided in paragraph (f) new text begin (g) new text end , for a wetland or public waters wetland 58.33located on nonagricultural land, replacement must be in the ratio of two acres of replaced 58.34wetland for each acre of drained or filled wetland. 59.1    (f) new text begin (g) new text end For a wetland or public waters wetland located on agricultural land or in a 59.2greater than 80 percent area, replacement must be in the ratio of one acre of replaced 59.3wetland for each acre of drained or filled wetland. 59.4    (g) new text begin (h) new text end Wetlands that are restored or created as a result of an approved replacement 59.5plan are subject to the provisions of this section for any subsequent drainage or filling. 59.6    (h) new text begin (i) new text end Except in a greater than 80 percent area, only wetlands that have been 59.7restored from previously drained or filled wetlands, wetlands created by excavation in 59.8nonwetlands, wetlands created by dikes or dams along public or private drainage ditches, 59.9or wetlands created by dikes or dams associated with the restoration of previously drained 59.10or filled wetlands may be used in a statewide banking program established in rules adopted 59.11under section 103G.2242, subdivision 1. Modification or conversion of nondegraded 59.12naturally occurring wetlands from one type to another are not eligible for enrollment in a 59.13statewide wetlands bank. 59.14    (i) new text begin (j) new text end The Technical Evaluation Panel established under section 103G.2242, 59.15subdivision 2 , shall ensure that sufficient time has occurred for the wetland to develop 59.16wetland characteristics of soils, vegetation, and hydrology before recommending that the 59.17wetland be deposited in the statewide wetland bank. If the Technical Evaluation Panel has 59.18reason to believe that the wetland characteristics may change substantially, the panel shall 59.19postpone its recommendation until the wetland has stabilized. 59.20    (j) new text begin (k) new text end This section and sections 103G.223 to 103G.2242, 103G.2364, and 59.21103G.2365 apply to the state and its departments and agencies. 59.22    (k) new text begin (l) new text end For projects involving draining or filling of wetlands associated with a new 59.23public transportation project, and for projects expanded solely for additional traffic 59.24capacity, public transportation authorities may purchase credits from the board at the cost 59.25to the board to establish credits. Proceeds from the sale of credits provided under this 59.26paragraph are appropriated to the board for the purposes of this paragraph. 59.27    (l) new text begin (m) new text end A replacement plan for wetlands is not required for individual projects that 59.28result in the filling or draining of wetlands for the repair, rehabilitation, reconstruction, 59.29or replacement of a currently serviceable existing state, city, county, or town public road 59.30necessary, as determined by the public transportation authority, to meet state or federal 59.31design or safety standards or requirements, excluding new roads or roads expanded solely 59.32for additional traffic capacity lanes. This paragraph only applies to authorities for public 59.33transportation projects that: 59.34    (1) minimize the amount of wetland filling or draining associated with the project 59.35and consider mitigating important site-specific wetland functions on-site; 60.1    (2) except as provided in clause (3), submit project-specific reports to the board, the 60.2Technical Evaluation Panel, the commissioner of natural resources, and members of the 60.3public requesting a copy at least 30 days prior to construction that indicate the location, 60.4amount, and type of wetlands to be filled or drained by the project or, alternatively, 60.5convene an annual meeting of the parties required to receive notice to review projects to 60.6be commenced during the upcoming year; and 60.7    (3) for minor and emergency maintenance work impacting less than 10,000 square 60.8feet, submit project-specific reports, within 30 days of commencing the activity, to the 60.9board that indicate the location, amount, and type of wetlands that have been filled 60.10or drained. 60.11    Those required to receive notice of public transportation projects may appeal 60.12minimization, delineation, and on-site mitigation decisions made by the public 60.13transportation authority to the board according to the provisions of section 103G.2242, 60.14subdivision 9 . The Technical Evaluation Panel shall review minimization and delineation 60.15decisions made by the public transportation authority and provide recommendations 60.16regarding on-site mitigation if requested to do so by the local government unit, a 60.17contiguous landowner, or a member of the Technical Evaluation Panel. 60.18    Except for state public transportation projects, for which the state Department of 60.19Transportation is responsible, the board must replace the wetlands, and wetland areas of 60.20public waters if authorized by the commissioner or a delegated authority, drained or filled 60.21by public transportation projects on existing roads. 60.22    Public transportation authorities at their discretion may deviate from federal and 60.23state design standards on existing road projects when practical and reasonable to avoid 60.24wetland filling or draining, provided that public safety is not unreasonably compromised. 60.25The local road authority and its officers and employees are exempt from liability for 60.26any tort claim for injury to persons or property arising from travel on the highway and 60.27related to the deviation from the design standards for construction or reconstruction under 60.28this paragraph. This paragraph does not preclude an action for damages arising from 60.29negligence in construction or maintenance on a highway. 60.30    (m) new text begin (n) new text end If a landowner seeks approval of a replacement plan after the proposed 60.31project has already affected the wetland, the local government unit may require the 60.32landowner to replace the affected wetland at a ratio not to exceed twice the replacement 60.33ratio otherwise required. 60.34    (n) new text begin (o) new text end A local government unit may request the board to reclassify a county or 60.35watershed on the basis of its percentage of presettlement wetlands remaining. After 60.36receipt of satisfactory documentation from the local government, the board shall change 61.1the classification of a county or watershed. If requested by the local government unit, 61.2the board must assist in developing the documentation. Within 30 days of its action to 61.3approve a change of wetland classifications, the board shall publish a notice of the change 61.4in the Environmental Quality Board Monitor. 61.5    (o) new text begin (p) new text end One hundred citizens who reside within the jurisdiction of the local 61.6government unit may request the local government unit to reclassify a county or watershed 61.7on the basis of its percentage of presettlement wetlands remaining. In support of their 61.8petition, the citizens shall provide satisfactory documentation to the local government unit. 61.9The local government unit shall consider the petition and forward the request to the board 61.10under paragraph (n) new text begin (o) new text end or provide a reason why the petition is denied. 61.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 61.12    Sec. 54. Minnesota Statutes 2006, section 103G.222, subdivision 3, is amended to read: 61.13    Subd. 3. Wetland replacement siting. (a) Siting wetland replacement must follow 61.14this priority order: 61.15    (1) on site or in the same minor watershed as the affected wetland; 61.16    (2) in the same watershed as the affected wetland; 61.17    (3) in the same county as the affected wetland; 61.18    (4) new text begin for replacement by wetland banking, in the same wetland bank service area as new text end 61.19 new text begin the impacted wetland, except that impacts in a 50 to 80 percent area must be replaced in new text end 61.20 new text begin a 50 to 80 percent area and impacts in a less than 50 percent area must be replaced in a new text end 61.21 new text begin less than 50 percent area; new text end 61.22     new text begin (5) for project specific replacement, new text end in an adjacent watershed or county to the 61.23affected wetland new text begin , or for replacement by wetland banking, in an adjacent wetland bank new text end 61.24 new text begin service area, except that impacts in a 50 to 80 percent area must be replaced in a 50 to new text end 61.25 new text begin 80 percent area and impacts in a less than 50 percent area must be replaced in a less new text end 61.26 new text begin than 50 percent area new text end ; and 61.27    (5) new text begin (6) new text end statewide, only for wetlands affected in greater than 80 percent areas and for 61.28public transportation projects, except that wetlands affected in less than 50 percent areas 61.29must be replaced in less than 50 percent areas, and wetlands affected in the seven-county 61.30metropolitan area must be replaced at a ratio of two to one in: (i) the affected county or, 61.31(ii) in another of the seven metropolitan counties, or (iii) in one of the major watersheds 61.32that are wholly or partially within the seven-county metropolitan area, but at least one to 61.33one must be replaced within the seven-county metropolitan area. 61.34    (b) new text begin Notwithstanding paragraph (a), siting wetland replacement in greater than 80 new text end 61.35 new text begin percent areas may follow the priority order under this paragraph: (1) by wetland banking new text end 62.1 new text begin after evaluating on-site replacement and replacement within the watershed; (2) replaced new text end 62.2 new text begin in an adjacent wetland bank service area if wetland bank credits are not reasonably new text end 62.3 new text begin available in the same wetland bank service area as the affected wetland, as determined new text end 62.4 new text begin by the local government unit or by a comprehensive inventory approved by the board; new text end 62.5 new text begin and (3) statewide. new text end 62.6     new text begin (c) Notwithstanding paragraph (a), siting wetland replacement in the seven-county new text end 62.7 new text begin metropolitan area must follow the priority order under this paragraph: (1) in the affected new text end 62.8 new text begin county; (2) in another of the seven metropolitan counties; or (3) in one of the major new text end 62.9 new text begin watersheds that are wholly or partially within the seven-county metropolitan area, but at new text end 62.10 new text begin least one to one must be replaced within the seven-county metropolitan area. new text end 62.11     new text begin (d) new text end The exception in paragraph (a), clause (5) new text begin (6) new text end , does not apply to replacement 62.12completed using wetland banking credits established by a person who submitted a 62.13complete wetland banking application to a local government unit by April 1, 1996. 62.14    (c) new text begin (e) new text end When reasonable, practicable, and environmentally beneficial replacement 62.15opportunities are not available in siting priorities listed in paragraph (a), the applicant 62.16may seek opportunities at the next level. 62.17    (d) new text begin (f) new text end For the purposes of this section, "reasonable, practicable, and environmentally 62.18beneficial replacement opportunities" are defined as opportunities that: 62.19    (1) take advantage of naturally occurring hydrogeomorphological conditions and 62.20require minimal landscape alteration; 62.21    (2) have a high likelihood of becoming a functional wetland that will continue 62.22in perpetuity; 62.23    (3) do not adversely affect other habitat types or ecological communities that are 62.24important in maintaining the overall biological diversity of the area; and 62.25    (4) are available and capable of being done after taking into consideration cost, 62.26existing technology, and logistics consistent with overall project purposes. 62.27    (e) new text begin (g) new text end Regulatory agencies, local government units, and other entities involved in 62.28wetland restoration shall collaborate to identify potential replacement opportunities within 62.29their jurisdictional areas. 62.30 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 62.31    Sec. 55. Minnesota Statutes 2006, section 103G.2241, subdivision 1, is amended to 62.32read: 62.33    Subdivision 1. Agricultural activities. (a) A replacement plan for wetlands is 62.34not required for: 63.1    (1) activities in a wetland that was planted with annually seeded crops, was in a crop 63.2rotation seeding of pasture grass or legumes, or was required to be set aside to receive 63.3price support or other payments under United States Code, title 7, sections 1421 to 1469, 63.4in six of the last ten years prior to January 1, 1991; 63.5    (2) activities in a wetland that is or has been enrolled in the federal conservation 63.6reserve program under United States Code, title 16, section 3831, that: 63.7    (i) was planted with annually seeded crops, was in a crop rotation seeding, or was 63.8required to be set aside to receive price support or payment under United States Code, 63.9title 7, sections 1421 to 1469, in six of the last ten years prior to being enrolled in the 63.10program; and 63.11    (ii) has not been restored with assistance from a public or private wetland restoration 63.12program; 63.13    (3) activities in a wetland that has received a commenced drainage determination 63.14provided for by the federal Food Security Act of 1985, that was made to the county 63.15Agricultural Stabilization and Conservation Service office prior to September 19, 1988, 63.16and a ruling and any subsequent appeals or reviews have determined that drainage of the 63.17wetland had been commenced prior to December 23, 1985; 63.18    (4) activities in a type 1 wetland on agricultural land, except for bottomland 63.19hardwood type 1 wetlands, and activities in a type 2 or type 6 wetland that is less than two 63.20acres in size and located on agricultural land; 63.21     new text begin (1) activities in a wetland conducted as part of normal farming practices. For new text end 63.22 new text begin purposes of this clause, "normal farming practices" means farming, silvicultural, grazing, new text end 63.23 new text begin and ranching activities such as plowing, seeding, cultivating, and harvesting for the new text end 63.24 new text begin production of feed, food, fuel, fiber, and forest products, but does not include activities new text end 63.25 new text begin that result in the draining or filling of wetlands in whole or part; new text end 63.26     new text begin (2) soil and water conservation practices approved by the soil and water conservation new text end 63.27 new text begin district, after review by the Technical Evaluation Panel; new text end 63.28    (5) new text begin (3) new text end aquaculture activities including pond excavation and construction and 63.29maintenance of associated access roads and dikes authorized under, and conducted in 63.30accordance with, a permit issued by the United States Army Corps of Engineers under 63.31section 404 of the federal Clean Water Act, United States Code, title 33, section 1344, but 63.32not including construction or expansion of buildings; new text begin or new text end 63.33    (6) new text begin (4) new text end wild rice production activities, including necessary diking and other activities 63.34authorized under a permit issued by the United States Army Corps of Engineers under 63.35section 404 of the federal Clean Water Act, United States Code, title 33, section 1344; new text begin . new text end 64.1    (7) normal agricultural practices to control noxious or secondary weeds as defined 64.2by rule of the commissioner of agriculture, in accordance with applicable requirements 64.3under state and federal law, including established best management practices; and 64.4    (8) agricultural activities in a wetland that is on agricultural land: 64.5    (i) annually enrolled in the federal Agriculture Improvement and Reform Act of 64.61996 and is subject to United States Code, title 16, sections 3821 to 3823, in effect on 64.7January 1, 2000; or 64.8    (ii) subject to subsequent federal farm program restrictions that meet minimum 64.9state standards under this chapter and sections and and that have 64.10been approved by the Board of Water and Soil Resources, the commissioners of natural 64.11resources and agriculture, and the Pollution Control Agency. 64.12    (b) Land enrolled in a federal farm program under paragraph (a), clause (8), is 64.13eligible for easement participation for those acres not already compensated under a federal 64.14program. 64.15    (c) The exemption under paragraph (a), clause (4), may be expanded to additional 64.16acreage, including types 1, 2, and 6 wetlands that are part of a larger wetland system, when 64.17the additional acreage is part of a conservation plan approved by the local soil and water 64.18conservation district, the additional draining or filling is necessary for efficient operation 64.19of the farm, the hydrology of the larger wetland system is not adversely affected, and 64.20wetlands other than types 1, 2, and 6 are not drained or filled. 64.21 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 64.22    Sec. 56. Minnesota Statutes 2006, section 103G.2241, subdivision 2, is amended to 64.23read: 64.24    Subd. 2. Drainage. (a) For the purposes of this subdivision, "public drainage 64.25system" means a drainage system as defined in section 103E.005, subdivision 12, and any 64.26ditch or tile lawfully connected to the drainage system. new text begin If wetlands drained under this new text end 64.27 new text begin subdivision are converted to uses prohibited under paragraph (b), clause (2), during the new text end 64.28 new text begin ten-year period following drainage, the wetlands must be replaced according to section new text end 64.29 new text begin 103G.222. new text end 64.30    (b) A replacement plan is not required for draining of type 1 wetlands, or up to five 64.31acres of type 2 or 6 wetlands, in an unincorporated area on land that has been assessed 64.32drainage benefits for a public drainage system, provided that: 64.33    (1) during the 20-year period that ended January 1, 1992: 64.34    (i) there was an expenditure made from the drainage system account for the public 64.35drainage system; 65.1    (ii) the public drainage system was repaired or maintained as approved by the 65.2drainage authority; or 65.3    (iii) no repair or maintenance of the public drainage system was required under 65.4section 103E.705, subdivision 1, as determined by the public drainage authority; and 65.5    (2) the wetlands are not drained for conversion to: 65.6    (i) platted lots; 65.7    (ii) planned unit, commercial, or industrial developments; or 65.8    (iii) any development with more than one residential unit per 40 acres. 65.9If wetlands drained under this paragraph are converted to uses prohibited under clause 65.10(2) during the ten-year period following drainage, the wetlands must be replaced under 65.11section . 65.12    (c) A replacement plan is not required for draining or filling of wetlands, except for 65.13draining types 3, 4, and 5 wetlands that have been in existence for more than 25 years, 65.14resulting from maintenance and repair of existing public drainage systems. 65.15    (d) A replacement plan is not required for draining or filling of wetlands, except 65.16for draining wetlands that have been in existence for more than 25 years, resulting from 65.17maintenance and repair of existing drainage systems other than public drainage systems. 65.18    (e) A replacement plan is not required for draining or filling of wetlands resulting 65.19from activities conducted as part of a public drainage system improvement project that 65.20received final approval from the drainage authority before July 1, 1991, and after July 1, 65.211986, if: 65.22    (1) the approval remains valid; 65.23    (2) the project remains active; and 65.24    (3) no additional drainage will occur beyond that originally approved. 65.25     new text begin (e) A replacement plan is not required for draining agricultural land that: (1) was new text end 65.26 new text begin planted with annually seeded crops before June 10, except for crops that are normally new text end 65.27 new text begin planted after that date, in eight out of the ten most recent years prior to the impact; (2) new text end 65.28 new text begin was in a crop rotation seeding of pasture grass or legumes in eight out of the ten most new text end 65.29 new text begin recent years prior to the impact; or (3) was enrolled in a state or federal land conservation new text end 65.30 new text begin program and met the requirements of clause (1) or (2) before enrollment. new text end 65.31    (f) The public drainage authority may, as part of the repair, install control structures, 65.32realign the ditch, construct dikes along the ditch, or make other modifications as necessary 65.33to prevent drainage of the wetland. 65.34    (g) Wetlands of all types that would be drained as a part of a public drainage repair 65.35project are eligible for the permanent wetlands preserve under section 103F.516. The 65.36board shall give priority to acquisition of easements on types 3, 4, and 5 wetlands that have 66.1been in existence for more than 25 years on public drainage systems and other wetlands 66.2that have the greatest risk of drainage from a public drainage repair project. 66.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 66.4    Sec. 57. Minnesota Statutes 2006, section 103G.2241, subdivision 3, is amended to 66.5read: 66.6    Subd. 3. Federal approvals. A replacement plan for wetlands is not required for: 66.7    (1) activities exempted from federal regulation under United States Code, title 33, 66.8section 1344(f), as in effect on January 1, 1991; 66.9    (2) activities authorized under, and conducted in accordance with, an applicable 66.10general permit issued by the United States Army Corps of Engineers under section 404 66.11of the federal Clean Water Act, United States Code, title 33, section 1344, except the 66.12nationwide permit in Code of Federal Regulations, title 33, section 330.5, paragraph (a), 66.13clauses (14), limited to when a new road crosses a wetland, and (26), as in effect on 66.14January 1, 1991; or 66.15    (3) activities authorized under the federal Clean Water Act, section 404, or the 66.16Rivers and Harbors Act, section 10, regulations that meet minimum state standards 66.17under this chapter and sections 103A.202 and 103B.3355 and that have been approved 66.18by the Board of Water and Soil Resources, the commissioners of natural resources and 66.19agriculture, and the Pollution Control Agency. 66.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 66.21    Sec. 58. Minnesota Statutes 2006, section 103G.2241, subdivision 6, is amended to 66.22read: 66.23    Subd. 6. Utilities; public works. new text begin (a) new text end A replacement plan for wetlands is not 66.24required for: 66.25    (1) placement, maintenance, repair, enhancement, or replacement of utility or 66.26utility-type service if: 66.27    (i) the impacts of the proposed project on the hydrologic and biological 66.28characteristics of the wetland have been avoided and minimized to the extent possible; and 66.29    (ii) the proposed project significantly modifies or alters less than one-half acre of 66.30wetlands; 66.31    (2) activities associated with routine maintenance of utility and pipeline 66.32rights-of-way, provided the activities do not result in additional intrusion into the wetland; 67.1    (3) alteration of a wetland associated with the operation, maintenance, or repair of 67.2an interstate pipeline within all existing or acquired interstate pipeline rights-of-way; 67.3    (4) emergency repair and normal maintenance and repair of existing public works, 67.4provided the activity does not result in additional intrusion of the public works into the 67.5wetland and does not result in the draining or filling, wholly or partially, of a wetland; 67.6    (5) normal maintenance and minor repair of structures causing no additional 67.7intrusion of an existing structure into the wetland, and maintenance and repair of private 67.8crossings that do not result in the draining or filling, wholly or partially, of a wetland; or 67.9    (6) repair and updating of existing individual sewage treatment systems as necessary 67.10to comply with local, state, and federal regulations. 67.11     new text begin (1) new placement or maintenance, repair, enhancement, or replacement of existing new text end 67.12 new text begin utility or utility-type service, including pipelines, if: new text end 67.13     new text begin (i) the direct and indirect impacts of the proposed project have been avoided and new text end 67.14 new text begin minimized to the extent possible; and new text end 67.15     new text begin (ii) the proposed project significantly modifies or alters less than one-half acre of new text end 67.16 new text begin wetlands; new text end 67.17     new text begin (2) activities associated with operation, routine maintenance, or emergency repair of new text end 67.18 new text begin existing utilities and public work structures, including pipelines, provided the activities new text end 67.19 new text begin do not result in additional wetland intrusion or additional draining or filling of a wetland new text end 67.20 new text begin either wholly or partially; or new text end 67.21     new text begin (3) repair and updating of existing individual sewage treatment systems necessary to new text end 67.22 new text begin comply with local, state, and federal regulations. new text end 67.23     new text begin (b) For maintenance, repair, and replacement, the local government unit may issue new text end 67.24 new text begin a seasonal or annual exemption certification or the utility may proceed without local new text end 67.25 new text begin government unit certification if the utility is carrying out the work according to approved new text end 67.26 new text begin best management practices. Work of an emergency nature may proceed as necessary new text end 67.27 new text begin and any drain or fill activities shall be addressed with the local government unit after new text end 67.28 new text begin the emergency work has been completed. new text end 67.29 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 67.30    Sec. 59. Minnesota Statutes 2006, section 103G.2241, subdivision 9, is amended to 67.31read: 67.32    Subd. 9. De minimis. (a) Except as provided in paragraphs (b) and (c), a 67.33replacement plan for wetlands is not required for draining or filling the following amounts 67.34of wetlands as part of a project: 68.1    (1) 10,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and 68.2tamarack wetlands, outside of the shoreland wetland protection zone in a greater than 68.380 percent area; 68.4    (2) 5,000 new text begin 2,500 new text end square feet of type 1, 2, 6, or 7 wetland, excluding white cedar 68.5and tamarack wetlands, outside of the shoreland wetland protection zone in a 50 to 80 68.6percent area; 68.7    (3) 2,000 new text begin 1,000 new text end square feet of type 1, 2, or 6 wetland, outside of the shoreland 68.8wetland protection zone in a less than 50 percent area; 68.9    (4) 400 new text begin 100 new text end square feet of wetland types not listed in clauses (1) to (3) outside of 68.10 new text begin the building setback zone of the new text end shoreland wetland protection zones in all counties; or 68.11    (5) 400 square feet of type 1, 2, 3, 4, 5, 6, 7, or 8 wetland new text begin types listed in clauses (1) new text end 68.12 new text begin to (3) new text end , in new text begin beyond new text end the new text begin building setback zone, as defined in the local shoreland management new text end 68.13 new text begin ordinance, but within the new text end shoreland wetland protection zone, except that new text begin . new text end In a greater 68.14than 80 percent area, the local government unit may increase the de minimis amount 68.15up to 1,000 square feet in the shoreland protection zone in areas beyond the building 68.16setback if the wetland is isolated and is determined to have no direct surficial connection 68.17to the public water. To the extent that a local shoreland management ordinance is more 68.18restrictive than this provision, the local shoreland ordinance applies new text begin ; or new text end 68.19     new text begin (6) up to 20 square feet of wetland, regardless of type or location new text end . 68.20    (b) The amounts listed in paragraph (a), clauses (1) to (5) new text begin (6) new text end , may not be combined 68.21on a project. 68.22    (c) This exemption no longer applies to a landowner's portion of a wetland when 68.23the cumulative area drained or filled of the landowner's portion since January 1, 1992, is 68.24the greatest of: 68.25    (1) the applicable area listed in paragraph (a), if the landowner owns the entire 68.26wetland; 68.27    (2) five percent of the landowner's portion of the wetland; or 68.28    (3) 400 square feet. 68.29    (d) This exemption may not be combined with another exemption in this section on 68.30a project. 68.31     new text begin (e) Property may not be divided to increase the amounts listed in paragraph (a). new text end 68.32 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 68.33    Sec. 60. Minnesota Statutes 2006, section 103G.2241, subdivision 11, is amended to 68.34read: 69.1    Subd. 11. Exemption conditions. (a) A person conducting an activity in a wetland 69.2under an exemption in subdivisions 1 to 10 shall ensure that: 69.3    (1) appropriate erosion control measures are taken to prevent sedimentation of 69.4the water; 69.5    (2) the activity does not block fish passage in a watercourse; and 69.6    (3) the activity is conducted in compliance with all other applicable federal, 69.7state, and local requirements, including best management practices and water resource 69.8protection requirements established under chapter 103H. 69.9    (b) An activity is exempt if it qualifies for any one of the exemptions, even though it 69.10may be indicated as not exempt under another exemption. 69.11    (c) Persons proposing to conduct an exempt activity are encouraged to contact the 69.12local government unit or the local government unit's designee for advice on minimizing 69.13wetland impacts. 69.14     new text begin (d) The board shall develop rules that address the application and implementation new text end 69.15 new text begin of exemptions and that provide for estimates and reporting of exempt wetland impacts, new text end 69.16 new text begin including those in section 103G.2241, subdivisions 2, 6, and 9. new text end 69.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 69.18    Sec. 61. Minnesota Statutes 2006, section 103G.2242, subdivision 2, is amended to 69.19read: 69.20    Subd. 2. Evaluation. (a) Questions concerning the public value, location, size, 69.21or type of a wetland shall be submitted to and determined by a Technical Evaluation 69.22Panel after an on-site inspection. The Technical Evaluation Panel shall be composed of 69.23a technical professional employee of the board, a technical professional employee of 69.24the local soil and water conservation district or districts, a technical professional with 69.25expertise in water resources management appointed by the local government unit, and 69.26a technical professional employee of the Department of Natural Resources for projects 69.27affecting public waters or wetlands adjacent to public waters. The panel shall use the 69.28"United States Army Corps of Engineers Wetland Delineation Manual" (January 1987), 69.29including updates, supplementary guidance, and replacements, if any, "Wetlands of 69.30the United States" (United States Fish and Wildlife Service Circular 39, 1971 edition), 69.31and "Classification of Wetlands and Deepwater Habitats of the United States" (1979 69.32edition). The panel shall provide the wetland determination and recommendations on 69.33other technical matters to the local government unit that must approve a replacement 69.34plan, wetland banking plan, exemption determination, no-loss determination, or wetland 69.35boundary or type determination and may recommend approval or denial of the plan. The 70.1authority must consider and include the decision of the Technical Evaluation Panel in their 70.2approval or denial of a plan or determination. 70.3    (b) Persons conducting wetland or public waters boundary delineations or type 70.4determinations are exempt from the requirements of chapter 326. By January 15, 2001, 70.5the board, in consultation with the Minnesota Association of Professional Soil Scientists, 70.6the University of Minnesota, and the Wetland Delineators' Association, shall submit a plan 70.7for a professional wetland delineator certification program to the legislature. new text begin The board new text end 70.8 new text begin may develop a professional wetland delineator certification program. new text end 70.9 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 70.10    Sec. 62. Minnesota Statutes 2006, section 103G.2242, subdivision 2a, is amended to 70.11read: 70.12    Subd. 2a. Wetland boundary or type determination. (a) A landowner may apply 70.13for a wetland boundary or type determination from the local government unit. The 70.14landowner applying for the determination is responsible for submitting proof necessary 70.15to make the determination, including, but not limited to, wetland delineation field data, 70.16observation well data, topographic mapping, survey mapping, and information regarding 70.17soils, vegetation, hydrology, and groundwater both within and outside of the proposed 70.18wetland boundary. 70.19    (b) A local government unit that receives an application under paragraph (a) may 70.20seek the advice of the Technical Evaluation Panel as described in subdivision 2, and, if 70.21necessary, expand the Technical Evaluation Panel. The local government unit may delegate 70.22the decision authority for wetland boundary or type determinations with the zoning 70.23administrator new text begin to designated staff new text end , or establish other procedures it considers appropriate. 70.24    (c) The local government unit decision must be made in compliance with section 70.2515.99 . Within ten calendar days of the decision, the local government unit decision must 70.26be mailed to the landowner, members of the Technical Evaluation Panel, the watershed 70.27district or watershed management organization, if one exists, and individual members of 70.28the public who request a copy. 70.29    (d) new text begin Appeals of decisions made by designated local government staff must be made new text end 70.30 new text begin to the local government unit. Notwithstanding any law to the contrary, a ruling on an new text end 70.31 new text begin appeal must be made by the local government unit within 30 days from the date of the new text end 70.32 new text begin filing of the appeal. new text end 70.33     new text begin (e) new text end The local government unit decision is valid for three years unless the Technical 70.34Evaluation Panel determines that natural or artificial changes to the hydrology, vegetation, 70.35or soils of the area have been sufficient to alter the wetland boundary or type. 71.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 71.2    Sec. 63. Minnesota Statutes 2006, section 103G.2242, subdivision 9, is amended to 71.3read: 71.4    Subd. 9. Appeal. (a) Appeal of a replacement plan, exemption, wetland banking, 71.5wetland boundary or type determination, or no-loss decision new text begin , or restoration order new text end may 71.6be obtained by mailing a petition and payment of a filing fee of $200, which shall be 71.7retained by the board to defray administrative costs, to the board within 30 days after the 71.8postmarked date of the mailing specified in subdivision 7. If appeal is not sought within 71.930 days, the decision becomes final. The local government unit may require the petitioner 71.10to post a letter of credit, cashier's check, or cash in an amount not to exceed $500. If the 71.11petition for hearing is accepted, the amount posted must be returned to the petitioner. 71.12Appeal may be made by: 71.13    (1) the wetland owner; 71.14    (2) any of those to whom notice is required to be mailed under subdivision 7; or 71.15    (3) 100 residents of the county in which a majority of the wetland is located. 71.16    (b) Within 30 days after receiving a petition, the board shall decide whether to 71.17grant the petition and hear the appeal. The board shall grant the petition unless the board 71.18finds that: 71.19    (1) the appeal is meritless, trivial, or brought solely for the purposes of delay; 71.20    (2) the petitioner has not exhausted all local administrative remedies; 71.21    (3) expanded technical review is needed; 71.22    (4) the local government unit's record is not adequate; or 71.23    (5) the petitioner has not posted a letter of credit, cashier's check, or cash if required 71.24by the local government unit. 71.25    (c) In determining whether to grant the appeal, the board shall also consider the 71.26size of the wetland, other factors in controversy, any patterns of similar acts by the local 71.27government unit or petitioner, and the consequences of the delay resulting from the appeal. 71.28    (d) All appeals must be heard by the committee for dispute resolution of the board, 71.29and a decision made within 60 days of filing the local government unit's record and the 71.30written briefs submitted for the appeal. The decision must be served by mail on the parties 71.31to the appeal, and is not subject to the provisions of chapter 14. A decision whether to 71.32grant a petition for appeal and a decision on the merits of an appeal must be considered the 71.33decision of an agency in a contested case for purposes of judicial review under sections 71.3414.63 to 14.69. 72.1     new text begin (e) Notwithstanding section 16A.1283, the board shall establish a fee schedule to new text end 72.2 new text begin defray the administrative costs of appeals made to the board under this subdivision. Fees new text end 72.3 new text begin established under this authority shall not exceed $1,000. Establishment of the fee is not new text end 72.4 new text begin subject to the rulemaking process of chapter 14 and section 14.386 does not apply. new text end 72.5 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 72.6    Sec. 64. Minnesota Statutes 2006, section 103G.2242, subdivision 12, is amended to 72.7read: 72.8    Subd. 12. Replacement credits. (a) No public or private wetland restoration, 72.9enhancement, or construction may be allowed for replacement unless specifically 72.10designated for replacement and paid for by the individual or organization performing the 72.11wetland restoration, enhancement, or construction, and is completed prior to any draining 72.12or filling of the wetland. 72.13    (b) Paragraph (a) does not apply to a wetland whose owner has paid back with 72.14interest the individual or organization restoring, enhancing, or constructing the wetland. 72.15    (c) Notwithstanding section 103G.222, subdivision 1, paragraph (h) new text begin (i) new text end , the 72.16following actions, and others established in rule, that are consistent with criteria in rules 72.17adopted by the board in conjunction with the commissioners of natural resources and 72.18agriculture, are eligible for replacement credit as determined by the local government unit, 72.19including enrollment in a statewide wetlands bank: 72.20    (1) reestablishment of permanent native, noninvasive vegetative cover on a wetland 72.21on agricultural land that was planted with annually seeded crops, was in a crop rotation 72.22seeding of pasture grasses or legumes, or was in a land retirement program during the 72.23past ten years; 72.24    (2) buffer areas of permanent native, noninvasive vegetative cover established or 72.25preserved on upland adjacent to replacement wetlands; 72.26    (3) wetlands restored for conservation purposes under terminated easements or 72.27contracts; and 72.28    (4) water quality treatment ponds constructed to pretreat storm water runoff prior 72.29to discharge to wetlands, public waters, or other water bodies, provided that the water 72.30quality treatment ponds must be associated with an ongoing or proposed project that 72.31will impact a wetland and replacement credit for the treatment ponds is based on the 72.32replacement of wetland functions and on an approved stormwater management plan for 72.33the local government. 73.1    (d) Notwithstanding section 103G.222, subdivision 1, paragraphs (e) new text begin (f) new text end and (f) new text begin (g) new text end , 73.2the board may establish by rule different replacement ratios for restoration projects with 73.3exceptional natural resource value. 73.4 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 73.5    Sec. 65. Minnesota Statutes 2006, section 103G.2242, subdivision 15, is amended to 73.6read: 73.7    Subd. 15. Fees paid to board. All fees established in subdivision new text begin subdivisions 9 new text end 73.8 new text begin and new text end 14 must be paid to the Board of Water and Soil Resources and credited to the general 73.9fund to be used for the purpose of administration of the wetland bank new text begin and to process new text end 73.10 new text begin appeals under section 103G.2242, subdivision 9 new text end . 73.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 73.12    Sec. 66. Minnesota Statutes 2006, section 103G.2243, subdivision 2, is amended to 73.13read: 73.14    Subd. 2. Plan contents. A comprehensive wetland protection and management 73.15plan may: 73.16    (1) provide for classification of wetlands in the plan area based on: 73.17    (i) an inventory of wetlands in the plan area; 73.18    (ii) an assessment of the wetland functions listed in section 103B.3355, using a 73.19methodology chosen by the Technical Evaluation Panel from one of the methodologies 73.20established or approved by the board under that section; and 73.21    (iii) the resulting public values; 73.22    (2) vary application of the sequencing standards in section 103G.222, subdivision 1, 73.23paragraph (b), for projects based on the classification and criteria set forth in the plan; 73.24    (3) vary the replacement standards of section 103G.222, subdivision 1, paragraphs 73.25(e) new text begin (f) new text end and (f) new text begin (g) new text end , based on the classification and criteria set forth in the plan, for specific 73.26wetland impacts provided there is no net loss of public values within the area subject to 73.27the plan, and so long as: 73.28    (i) in a 50 to 80 percent area, a minimum acreage requirement of one acre of replaced 73.29wetland for each acre of drained or filled wetland requiring replacement is met within 73.30the area subject to the plan; and 73.31    (ii) in a less than 50 percent area, a minimum acreage requirement of two acres of 73.32replaced wetland for each acre of drained or filled wetland requiring replacement is met 74.1within the area subject to the plan, except that replacement for the amount above a 1:1 74.2ratio can be accomplished as described in section 103G.2242, subdivision 12; new text begin and new text end 74.3    (4) in a greater than 80 percent area, allow replacement credit, based on the 74.4classification and criteria set forth in the plan, for any project that increases the public 74.5value of wetlands, including activities on adjacent upland acres; and new text begin . new text end 74.6    (5) in a greater than 80 percent area, based on the classification and criteria set forth 74.7in the plan, expand the application of the exemptions in section 103G.2241, subdivision 74.81 , paragraph (a), clause (4), to also include nonagricultural land, provided there is no 74.9net loss of wetland values. 74.10 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 74.11    Sec. 67. Minnesota Statutes 2006, section 103G.235, is amended to read: 74.12103G.235 RESTRICTIONS ON ACCESS TO PUBLIC WATERS WETLANDS. 74.13     new text begin Subdivision 1. new text end new text begin Wetlands adjacent to roads. new text end To protect the public health or safety, 74.14local units of government may by ordinance restrict public access to public waters 74.15wetlands from municipality, county, or township roads that abut public waters wetlands. 74.16     new text begin Subd. 2. new text end new text begin Privately restored or created wetlands. new text end new text begin When a landowner creates a new new text end 74.17 new text begin wetland or restores a formerly existing wetland on private land that is adjacent to public new text end 74.18 new text begin land or a public road right-of-way, there is no public access to the created or restored new text end 74.19 new text begin wetland if posted by the landowner. new text end 74.20    Sec. 68. Minnesota Statutes 2006, section 103G.301, subdivision 2, is amended to read: 74.21    Subd. 2. Permit application fees. (a) A permit application fee to defray the costs of 74.22receiving, recording, and processing the application must be paid for a permit authorized 74.23under this chapter and for each request to amend or transfer an existing permit. 74.24     new text begin (b) The fee to apply for a permit to appropriate water by a nonpublic applicant or a new text end 74.25 new text begin nonagricultural irrigation applicant must be assessed to recover the reasonable costs of new text end 74.26 new text begin preparing and issuing the permit. Fees collected under this paragraph must be credited to new text end 74.27 new text begin an account in the natural resources fund and are appropriated to the commissioner. new text end 74.28    (b) new text begin (c) new text end The fee to apply for a permit to appropriate water, new text begin other than a permit subject new text end 74.29 new text begin to the fee under paragraph (b); new text end a permit to construct or repair a dam that is subject to dam 74.30safety inspection, new text begin ; new text end or a state general permit or to apply for the state water bank program is 74.31$150. The application fee for a permit to work in public waters or to divert waters for 74.32mining must be at least $150, but not more than $1,000, according to a schedule of fees 74.33adopted under section 16A.1285. 75.1    Sec. 69. Minnesota Statutes 2006, section 115.55, subdivision 1, is amended to read: 75.2    Subdivision 1. Definitions. (a) The definitions in this subdivision apply to sections 75.3115.55 to 115.56. 75.4    (b) "Advisory committee" means the Advisory Committee on Individual Sewage 75.5Treatment Systems established under the individual sewage treatment system rules. The 75.6advisory committee must be appointed to ensure geographic representation of the state 75.7and include elected public officials. 75.8    (c) "Applicable requirements" means: 75.9    (1) local ordinances that comply with the individual sewage treatment system rules, 75.10as required in subdivision 2; or 75.11    (2) in areas not subject to the ordinances described in clause (1), the individual 75.12sewage treatment system rules. 75.13    (d) "City" means a statutory or home rule charter city. 75.14    (e) "Commissioner" means the commissioner of the Pollution Control Agency. 75.15    (f) "Dwelling" means a building or place used or intended to be used by human 75.16occupants as a single-family or two-family unit. 75.17    (g) "Individual sewage treatment system" or "system" means a sewage treatment 75.18system, or part thereof, serving a dwelling, other establishment, or group thereof, that 75.19uses subsurface soil treatment and disposal new text begin , or a holding tank, serving a dwelling, other new text end 75.20 new text begin establishment, or a group thereof new text end . 75.21    (h) "Individual sewage treatment system professional" means an inspector, installer, 75.22site evaluator or designer, or pumper. 75.23    (i) "Individual sewage treatment system rules" means rules adopted by the agency 75.24that establish minimum standards and criteria for the design, location, installation, use, 75.25and maintenance of individual sewage treatment systems. 75.26    (j) "Inspector" means a person who inspects individual sewage treatment systems for 75.27compliance with the applicable requirements. 75.28    (k) "Installer" means a person who constructs or repairs individual sewage treatment 75.29systems. 75.30    (l) "Local unit of government" means a township, city, or county. 75.31    (m) new text begin "Performance-based system" means a system that is designed specifically for a new text end 75.32 new text begin site and the environmental conditions on that site and designed to adequately protect the new text end 75.33 new text begin public health and the environment and provide long-term performance. At a minimum, a new text end 75.34 new text begin performance based system must ensure that applicable water quality standards are met in new text end 75.35 new text begin both ground and surface water that ultimately receive the treated wastewater. new text end 76.1     new text begin (n) new text end "Pumper" means a person who maintains components of individual sewage 76.2treatment systems including, but not limited to, septic, aerobic, and holding tanks. 76.3    (n) new text begin (o) new text end "Seasonal dwelling" means a dwelling that is occupied or used for less than 76.4180 days per year and less than 120 consecutive days. 76.5    (o) new text begin (p) new text end "Septic system tank" means any covered receptacle designed, constructed, 76.6and installed as part of an individual sewage treatment system. 76.7    (p) new text begin (q) new text end "Site evaluator or designer" means a person who: 76.8    (1) investigates soils and site characteristics to determine suitability, limitations, and 76.9sizing requirements; and 76.10    (2) designs individual sewage treatment systems. 76.11    (q) new text begin (r) new text end "Straight-pipe system" means a sewage disposal system that includes toilet 76.12waste and transports raw or partially settled sewage directly to a lake, a stream, a drainage 76.13system, or ground surface. 76.14    Sec. 70. Minnesota Statutes 2006, section 115.55, subdivision 2, is amended to read: 76.15    Subd. 2. Local ordinances. (a) All counties that did not adopt ordinances by 76.16May 7, 1994, or that do not have ordinances, must adopt ordinances that comply with 76.17 new text begin revisions to the new text end individual sewage treatment system rules by January 1, 1999, unless all 76.18towns and cities in the county have adopted such ordinances new text begin within two years of the final new text end 76.19 new text begin adoption by the agency new text end . County ordinances must apply to all areas of the county other 76.20than cities or towns that have adopted ordinances that comply with this section and are 76.21as strict as the applicable county ordinances. Any ordinance adopted by a local unit of 76.22government before May 7, 1994, to regulate individual sewage treatment systems must be 76.23in compliance with the individual sewage treatment system rules by January 1, 1998. 76.24    (b) A copy of each ordinance adopted under this subdivision must be submitted to 76.25the commissioner upon adoption. 76.26    (c) A local unit of government must make available to the public upon request a 76.27written list of any differences between its ordinances and rules adopted under this section. 76.28    Sec. 71. Minnesota Statutes 2006, section 115.55, subdivision 3, is amended to read: 76.29    Subd. 3. Rules. (a) The agency shall adopt rules containing minimum standards and 76.30criteria for the design, location, installation, use, and maintenance of individual sewage 76.31treatment systems. The rules must include: 76.32    (1) how the agency will ensure compliance under subdivision 2; 76.33    (2) how local units of government shall enforce ordinances under subdivision 2, 76.34including requirements for permits and inspection programs; 77.1    (3) how the advisory committee will participate in review and implementation of 77.2the rules; 77.3    (4) provisions for alternative new text begin nonstandard new text end systems new text begin and performance-based systems new text end ; 77.4    (5) provisions for handling and disposal of effluent; 77.5    (6) provisions for system abandonment; and 77.6    (7) procedures for variances, including the consideration of variances based on cost 77.7and variances that take into account proximity of a system to other systems. 77.8    (b) The agency shall consult with the advisory committee before adopting rules 77.9under this subdivision. 77.10    (c) Notwithstanding the repeal of the agency rule under which the commissioner 77.11has established a list of warrantied individual sewage treatment systems, the warranties 77.12for all systems so listed as of the effective date of the repeal shall continue to be valid 77.13for the remainder of the warranty period. 77.14    (d) The rules required in paragraph (a) must also address the following: 77.15    (1) a definition of redoximorphic features and other criteria that can be used by 77.16system designers and inspectors; 77.17    (2) direction on the interpretation of observed soil features that may be 77.18redoximorphic and their relation to zones of seasonal saturation; and 77.19    (3) procedures on how to resolve professional disagreements on seasonally saturated 77.20soils. 77.21These rules must be in place by March 31, 2006. 77.22    Sec. 72. Minnesota Statutes 2006, section 115.55, is amended by adding a subdivision 77.23to read: 77.24     new text begin Subd. 12. new text end new text begin Advisory committee; county individual sewage treatment system new text end 77.25 new text begin management plan. new text end new text begin (a) A county may adopt an individual sewage treatment system new text end 77.26 new text begin management plan that describes how the county plans on carrying out individual sewage new text end 77.27 new text begin treatment system needs. The commissioner of the Pollution Control Agency shall form an new text end 77.28 new text begin advisory committee to determine what the plans should address. The advisory committee new text end 77.29 new text begin shall be made up of representatives of the Association of Minnesota Counties, Pollution new text end 77.30 new text begin Control Agency, Board of Water and Soil Resources, Department of Health, and other new text end 77.31 new text begin public agencies or local units of government that have an interest in individual sewage new text end 77.32 new text begin treatment systems. new text end 77.33     new text begin (b) The advisory committee shall advise the agency on the standards, management, new text end 77.34 new text begin monitoring, and reporting requirements for performance-based systems. new text end 78.1    Sec. 73. Minnesota Statutes 2006, section 116C.92, is amended to read: 78.2116C.92 COORDINATION OF ACTIVITIES. 78.3     new text begin Subdivision 1. new text end new text begin State coordinating organization. new text end The Environmental Quality Board 78.4is designated the state coordinating organization for state and federal regulatory activities 78.5relating to genetically engineered organisms. 78.6     new text begin Subd. 2. new text end new text begin Notice of nationwide action. new text end new text begin The board shall notify interested parties if a new text end 78.7 new text begin permit to release genetically engineered wild rice is issued anywhere in the United States. new text end 78.8 new text begin For purposes of this subdivision, "interested parties" means: new text end 78.9     new text begin (1) the state's wild rice industry; new text end 78.10     new text begin (2) the legislature; new text end 78.11     new text begin (3) federally recognized tribes within Minnesota; and new text end 78.12     new text begin (4) individuals who request to be notified. new text end 78.13    Sec. 74. Minnesota Statutes 2006, section 116C.94, subdivision 1, is amended to read: 78.14    Subdivision 1. General authority. new text begin (a) Except as provided in paragraph (b), new text end the 78.15board shall adopt rules consistent with sections 116C.91 to 116C.96 that require an 78.16environmental assessment worksheet and otherwise comply with chapter 116D and rules 78.17adopted under it for a proposed release and a permit for a release. The board may place 78.18conditions on a permit and may deny, modify, suspend, or revoke a permit. 78.19     new text begin (b) The board shall adopt rules that require an environmental impact statement and new text end 78.20 new text begin otherwise comply with chapter 116D and rules adopted under it for a proposed release and new text end 78.21 new text begin a permit for a release of genetically engineered wild rice. The board may place conditions new text end 78.22 new text begin on the permit and may deny, modify, suspend, or revoke the permit. new text end 78.23    Sec. 75. Minnesota Statutes 2006, section 116C.97, subdivision 2, is amended to read: 78.24    Subd. 2. Federal oversight. (a) If the board determines, upon its own volition or at 78.25the request of any person, that a federal program exists for regulating the release of certain 78.26genetically engineered organisms and the federal oversight under the program is adequate 78.27to protect human health or the environment, then any person may release such genetically 78.28engineered organisms after obtaining the necessary federal approval and without obtaining 78.29a state release permit or a significant environmental permit or complying with the other 78.30requirements of sections 116C.91 to 116C.96 and the rules of the board adopted pursuant 78.31to section 116C.94. 78.32    (b) If the board determines the federal program is adequate to meet only certain 78.33requirements of sections 116C.91 to 116C.96 and the rules of the board adopted pursuant 78.34to section 116C.94, the board may exempt such releases from those requirements. 79.1    (c) A person proposing a release for which a federal authorization is required may 79.2apply to the board for an exemption from the board's permit or to a state agency with a 79.3significant environmental permit for the proposed release for an exemption from the 79.4agency's permit. The proposer must file with the board or state agency a written request 79.5for exemption with a copy of the federal application and the information necessary to 79.6determine if there is a potential for significant environmental effects under chapter 116D 79.7and rules adopted under it. The board or state agency shall give public notice of the request 79.8in the first available issue of the EQB Monitor and shall provide an opportunity for public 79.9comment on the environmental review process consistent with chapter 116D and rules 79.10adopted under it. The board or state agency may grant the exemption if the board or state 79.11agency finds that the federal authorization issued is adequate to meet the requirements of 79.12chapter 116D and rules adopted under it and any other requirement of the board's or state 79.13agency's authority regarding the release of genetically engineered organisms. The board 79.14or state agency must grant or deny the exemption within 45 days after the receipt of the 79.15written request and the information required by the board or state agency. 79.16     new text begin (d) This subdivision does not apply to genetically engineered organisms for which new text end 79.17 new text begin an environmental impact statement is required under sections 116C.91 to 116C.96. new text end 79.18    Sec. 76. Minnesota Statutes 2006, section 282.04, subdivision 1, is amended to read: 79.19    Subdivision 1. Timber sales; land leases and uses. (a) The county auditor may 79.20sell timber upon any tract that may be approved by the natural resources commissioner. 79.21The sale of timber shall be made for cash at not less than the appraised value determined 79.22by the county board to the highest bidder after not less than one week's published notice 79.23in an official paper within the county. Any timber offered at the public sale and not sold 79.24may thereafter be sold at private sale by the county auditor at not less than the appraised 79.25value thereof, until the time as the county board may withdraw the timber from sale. The 79.26appraised value of the timber and the forestry practices to be followed in the cutting of 79.27said timber shall be approved by the commissioner of natural resources. 79.28    (b) Payment of the full sale price of all timber sold on tax-forfeited lands shall be 79.29made in cash at the time of the timber sale, except in the case of oral or sealed bid auction 79.30sales, the down payment shall be no less than 15 percent of the appraised value, and the 79.31balance shall be paid prior to entry. In the case of auction sales that are partitioned and 79.32sold as a single sale with predetermined cutting blocks, the down payment shall be no less 79.33than 15 percent of the appraised price of the entire timber sale which may be held until the 79.34satisfactory completion of the sale or applied in whole or in part to the final cutting block. 79.35The value of each separate block must be paid in full before any cutting may begin in that 80.1block. With the permission of the county contract administrator the purchaser may enter 80.2unpaid blocks and cut necessary timber incidental to developing logging roads as may 80.3be needed to log other blocks provided that no timber may be removed from an unpaid 80.4block until separately scaled and paid for. If payment is provided as specified in this 80.5paragraph as security under paragraph (a) and no cutting has taken place on the contract, 80.6the county auditor may credit the security provided, less any down payment required for 80.7an auction sale under this paragraph, to any other contract issued to the contract holder 80.8by the county under this chapter to which the contract holder requests in writing that it 80.9be credited, provided the request and transfer is made within the same calendar year as 80.10the security was received. 80.11    (c) The county board may require final settlement on the basis of a scale of cut 80.12products new text begin sell any timber, including biomass, as appraised or scaled new text end . Any parcels of land 80.13from which timber is to be sold by scale of cut products shall be so designated in the 80.14published notice of sale under paragraph (a), in which case the notice shall contain a 80.15description of the parcels, a statement of the estimated quantity of each species of timber, 80.16and the appraised price of each species of timber for 1,000 feet, per cord or per piece, as 80.17the case may be. In those cases any bids offered over and above the appraised prices shall 80.18be by percentage, the percent bid to be added to the appraised price of each of the different 80.19species of timber advertised on the land. The purchaser of timber from the parcels shall 80.20pay in cash at the time of sale at the rate bid for all of the timber shown in the notice of 80.21sale as estimated to be standing on the land, and in addition shall pay at the same rate for 80.22any additional amounts which the final scale shows to have been cut or was available for 80.23cutting on the land at the time of sale under the terms of the sale. Where the final scale 80.24of cut products shows that less timber was cut or was available for cutting under terms 80.25of the sale than was originally paid for, the excess payment shall be refunded from the 80.26forfeited tax sale fund upon the claim of the purchaser, to be audited and allowed by the 80.27county board as in case of other claims against the county. No timber, except hardwood 80.28pulpwood, may be removed from the parcels of land or other designated landings until 80.29scaled by a person or persons designated by the county board and approved by the 80.30commissioner of natural resources. Landings other than the parcel of land from which 80.31timber is cut may be designated for scaling by the county board by written agreement 80.32with the purchaser of the timber. The county board may, by written agreement with the 80.33purchaser and with a consumer designated by the purchaser when the timber is sold by the 80.34county auditor, and with the approval of the commissioner of natural resources, accept the 80.35consumer's scale of cut products delivered at the consumer's landing. No timber shall be 80.36removed until fully paid for in cash. Small amounts of timber not exceeding $3,000 in 81.1appraised valuation may be sold for not less than the full appraised value at private sale 81.2to individual persons without first publishing notice of sale or calling for bids, provided 81.3that in case of a sale involving a total appraised value of more than $200 the sale shall be 81.4made subject to final settlement on the basis of a scale of cut products in the manner above 81.5provided and not more than two of the sales, directly or indirectly to any individual shall 81.6be in effect at one time. 81.7    (d) As directed by the county board, the county auditor may lease tax-forfeited land 81.8to individuals, corporations or organized subdivisions of the state at public or private sale, 81.9and at the prices and under the terms as the county board may prescribe, for use as cottage 81.10and camp sites and for agricultural purposes and for the purpose of taking and removing of 81.11hay, stumpage, sand, gravel, clay, rock, marl, and black dirt from the land, and for garden 81.12sites and other temporary uses provided that no leases shall be for a period to exceed ten 81.13years; provided, further that any leases involving a consideration of more than $12,000 per 81.14year, except to an organized subdivision of the state shall first be offered at public sale in 81.15the manner provided herein for sale of timber. Upon the sale of any leased land, it shall 81.16remain subject to the lease for not to exceed one year from the beginning of the term of the 81.17lease. Any rent paid by the lessee for the portion of the term cut off by the cancellation 81.18shall be refunded from the forfeited tax sale fund upon the claim of the lessee, to be 81.19audited and allowed by the county board as in case of other claims against the county. 81.20    (e) As directed by the county board, the county auditor may lease tax-forfeited land 81.21to individuals, corporations, or organized subdivisions of the state at public or private sale, 81.22at the prices and under the terms as the county board may prescribe, for the purpose 81.23of taking and removing for use for road construction and other purposes tax-forfeited 81.24stockpiled iron-bearing material. The county auditor must determine that the material is 81.25needed and suitable for use in the construction or maintenance of a road, tailings basin, 81.26settling basin, dike, dam, bank fill, or other works on public or private property, and 81.27that the use would be in the best interests of the public. No lease shall exceed ten years. 81.28The use of a stockpile for these purposes must first be approved by the commissioner of 81.29natural resources. The request shall be deemed approved unless the requesting county 81.30is notified to the contrary by the commissioner of natural resources within six months 81.31after receipt of a request for approval for use of a stockpile. Once use of a stockpile has 81.32been approved, the county may continue to lease it for these purposes until approval is 81.33withdrawn by the commissioner of natural resources. 81.34    (f) The county auditor, with the approval of the county board is authorized to grant 81.35permits, licenses, and leases to tax-forfeited lands for the depositing of stripping, lean 81.36ores, tailings, or waste products from mines or ore milling plants, upon the conditions and 82.1for the consideration and for the period of time, not exceeding 15 years, as the county 82.2board may determine. The permits, licenses, or leases are subject to approval by the 82.3commissioner of natural resources. 82.4    (g) Any person who removes any timber from tax-forfeited land before said 82.5timber has been scaled and fully paid for as provided in this subdivision is guilty of a 82.6misdemeanor. 82.7    (h) The county auditor may, with the approval of the county board, and without first 82.8offering at public sale, grant leases, for a term not exceeding 25 years, for the removal 82.9of peat and for the production or removal of farm-grown closed-loop biomass as defined 82.10in section 216B.2424, subdivision 1, or short-rotation woody crops from tax-forfeited 82.11lands upon the terms and conditions as the county board may prescribe. Any lease for 82.12the removal of peat, farm-grown closed-loop biomass, or short-rotation woody crops 82.13from tax-forfeited lands must first be reviewed and approved by the commissioner of 82.14natural resources if the lease covers 320 or more acres. No lease for the removal of 82.15peat, farm-grown closed-loop biomass, or short-rotation woody crops shall be made by 82.16the county auditor pursuant to this section without first holding a public hearing on the 82.17auditor's intention to lease. One printed notice in a legal newspaper in the county at least 82.18ten days before the hearing, and posted notice in the courthouse at least 20 days before 82.19the hearing shall be given of the hearing. 82.20    (i) Notwithstanding any provision of paragraph (c) to the contrary, the St. Louis 82.21County auditor may, at the discretion of the county board, sell timber to the party who 82.22bids the highest price for all the several kinds of timber, as provided for sales by the 82.23commissioner of natural resources under section 90.14. Bids offered over and above the 82.24appraised price need not be applied proportionately to the appraised price of each of 82.25the different species of timber. 82.26    (j) In lieu of any payment or deposit required in paragraph (b), as directed by the 82.27county board and under terms set by the county board, the county auditor may accept an 82.28irrevocable bank letter of credit in the amount equal to the amount otherwise determined 82.29in paragraph (b). If an irrevocable bank letter of credit is provided under this paragraph, 82.30at the written request of the purchaser, the county may periodically allow the bank letter 82.31of credit to be reduced by an amount proportionate to the value of timber that has been 82.32harvested and for which the county has received payment. The remaining amount of 82.33the bank letter of credit after a reduction under this paragraph must not be less than 20 82.34percent of the value of the timber purchased. If an irrevocable bank letter of credit or 82.35cash deposit is provided for the down payment required in paragraph (b), and no cutting 82.36of timber has taken place on the contract for which a letter of credit has been provided, 83.1the county may allow the transfer of the letter of credit to any other contract issued to the 83.2contract holder by the county under this chapter to which the contract holder requests in 83.3writing that it be credited. 83.4    Sec. 77. Minnesota Statutes 2006, section 296A.18, subdivision 4, is amended to read: 83.5    Subd. 4. All-terrain vehicle. Approximately 0.15 new text begin 0.27 new text end of one percent of all gasoline 83.6received in or produced or brought into this state, except gasoline used for aviation 83.7purposes, is being used for the operation of all-terrain vehicles in this state, and of the total 83.8revenue derived from the imposition of the gasoline fuel tax, 0.15 new text begin 0.27 new text end of one percent is 83.9the amount of tax on fuel used in all-terrain vehicles operated in this state. 83.10    Sec. 78. Laws 2003, chapter 128, article 1, section 169, is amended to read: 83.11    Sec. 169. CONTINUOUS TRAIL DESIGNATION. 83.12    (a) The commissioner of natural resources shall locate, plan, design, map, construct, 83.13designate, and sign a new trail for use by all-terrain vehicles and off-highway motorcycles 83.14of not less than 70 continuous miles in length on any land owned by the state or in 83.15cooperation with any county on land owned by that county or on a combination of any of 83.16these lands. This new trail shall be ready for use by April 1, 2007 new text begin June 30, 2009 new text end . 83.17    (b) All funding for this new trail shall come from the all-terrain vehicle dedicated 83.18account and is appropriated each year as needed. 83.19    (c) This new trail shall have at least two areas of access complete with appropriate 83.20parking for vehicles and trailers and enough room for loading and unloading all-terrain 83.21vehicles. Some existing trails, that are strictly all-terrain vehicle trails, and are not 83.22inventoried forest roads, may be incorporated into the design of this new all-terrain vehicle 83.23trail. This new trail may be of a continuous loop design and shall provide for spurs to other 83.24all-terrain vehicle trails as long as those spurs do not count toward the 70 continuous miles 83.25of this new all-terrain vehicle trail. Four rest areas shall be provided along the way. 83.26    Sec. 79. Laws 2006, chapter 236, article 1, section 21, is amended to read: 83.27    Sec. 21. EXCHANGE OF TAX-FORFEITED LAND; PRIVATE SALE; 83.28ITASCA COUNTY. 83.29    (a) For the purpose of a land exchange for use in connection with a proposed 83.30steel mill in Itasca County referenced in Laws 1999, chapter 240, article 1, section 8, 83.31subdivision 3, title examination and approval of the land described in paragraph (b) 83.32shall be undertaken as a condition of exchange of the land for class B land, and shall be 83.33governed by Minnesota Statutes, section 94.344, subdivisions 9 and 10, and the provisions 84.1of this section. Notwithstanding the evidence of title requirements in Minnesota Statutes, 84.2section 94.344, subdivisions 9 and 10, the county attorney shall examine one or more title 84.3reports or title insurance commitments prepared or underwritten by a title insurer licensed 84.4to conduct title insurance business in this state, regardless of whether abstracts were 84.5created or updated in the preparation of the title reports or commitments. The opinion of 84.6the county attorney, and approval by the attorney general, shall be based on those title 84.7reports or commitments. 84.8    (b) The land subject to this section is located in Itasca County and is described as: 84.9    (1) Sections 3, 4, 7, 10, 14, 15, 16, 17, 18, 20, 21, 22, 23, 26, 28, and 29, Township 84.1056 North, Range 22 West; 84.11    (2) Sections 3, 4, 9, 10, 13, and 14, Township 56 North, Range 23 West; 84.12    (3) Section 30, Township 57 North, Range 22 West; and 84.13    (4) Sections 25, 26, 34, 35, and 36, Township 57 North, Range 23 West. 84.14    (c) Riparian land given in exchange by Itasca County for the purpose of the steel 84.15mill referenced in paragraph (a), is exempt from the restrictions imposed by Minnesota 84.16Statutes, section 94.342, subdivision 3. 84.17    (d) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, 84.18and the public sale provisions of Minnesota Statutes, chapter 282, Itasca County may sell, 84.19by private sale, any land received in exchange for the purpose of the steel mill referenced 84.20in paragraph (a), under the remaining provisions of Minnesota Statutes, chapter 282. The 84.21sale must be in a form approved by the attorney general. 84.22     new text begin (e) Notwithstanding Minnesota Statutes, section 284.28, subdivision 8, or any other new text end 84.23 new text begin law to the contrary, land acquired through an exchange under this section is exempt from new text end 84.24 new text begin payment of three percent of the sales price required to be collected by the county auditor new text end 84.25 new text begin at the time of sale for deposit in the state treasury. new text end 84.26    Sec. 80. new text begin ENDOCRINE DISRUPTOR REPORT. new text end 84.27     new text begin The commissioner of the Pollution Control Agency shall prepare a report on new text end 84.28 new text begin strategies to prevent the entry of endocrine disruptors into waters of the state. The report new text end 84.29 new text begin must include an estimate for each strategy of the proportion of endocrine disruptors that new text end 84.30 new text begin are prevented from entering the waters of the state. The commissioner shall submit the new text end 84.31 new text begin report to the house and senate committees having jurisdiction over environment and new text end 84.32 new text begin natural resources policy and finance by January 15, 2008. new text end 84.33    Sec. 81. new text begin EASEMENT REPORT REQUIRED. new text end 85.1     new text begin By January 1, 2008, the commissioner of natural resources must report to the new text end 85.2 new text begin house and senate committees with jurisdiction over environment and natural resources new text end 85.3 new text begin finance with proposed minimum legal and conservation standards that could be applied new text end 85.4 new text begin to conservation easements acquired with public money. new text end 85.5    Sec. 82. new text begin TAX-FORFEITED LANDS LEASE; ITASCA COUNTY. new text end 85.6     new text begin Notwithstanding Minnesota Statutes, section 282.04, or other law to the contrary, new text end 85.7 new text begin the Itasca County auditor may lease tax-forfeited land to Minnesota Steel for a period of new text end 85.8 new text begin 20 years, for use as a tailings basin and buffer area. A lease entered under this section new text end 85.9 new text begin is renewable. new text end 85.10    Sec. 83. new text begin WILD RICE STUDY. new text end 85.11     new text begin By February 15, 2008, the commissioner of natural resources must prepare a study new text end 85.12 new text begin for natural wild rice that includes: new text end 85.13     new text begin (1) the current location and estimated acreage and area of natural stands; new text end 85.14     new text begin (2) identified threats to natural stands, including, but not limited to, development new text end 85.15 new text begin pressure, water levels, pollution, invasive species, and genetic strains; and new text end 85.16     new text begin (3) recommendations to the house and senate committees with jurisdiction over new text end 85.17 new text begin natural resources on protecting and increasing natural wild rice stands in the state. new text end 85.18     new text begin In developing the study, the commissioner must contact and ask for comments new text end 85.19 new text begin from the state's wild rice industry, the commissioner of agriculture, local officials with new text end 85.20 new text begin significant areas of wild rice within their jurisdictions, tribal leaders within affected new text end 85.21 new text begin federally recognized tribes, and interested citizens. new text end 85.22 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 85.23    Sec. 84. new text begin CONSTRUCTION. new text end 85.24     new text begin Nothing in sections 73, 74, 75, and 83 affects, alters, or modifies the authorities, new text end 85.25 new text begin responsibilities, obligations, or powers of the state or any political subdivision thereof or new text end 85.26 new text begin any federally recognized tribe. new text end 85.27    Sec. 85. new text begin SEPTIC BEST PRACTICES ASSISTANCE. new text end 85.28     new text begin The commissioner of the Pollution Control Agency shall establish a database of new text end 85.29 new text begin best practices regarding the installation, management, and maintenance of individual new text end 85.30 new text begin sewage treatment systems. The database must be made available to any interested public new text end 85.31 new text begin or private party. new text end 86.1    Sec. 86. new text begin RULEMAKING. new text end 86.2     new text begin Within 90 days of the effective date of this section, the Board of Water and Soil new text end 86.3 new text begin Resources shall adopt rules that amend Minnesota Rules, chapter 8420, to incorporate new text end 86.4 new text begin statute changes and to address the related wetland exemption provisions in Minnesota new text end 86.5 new text begin Rules, parts 8420.0115 to 8420.0210, and the wetland replacement and banking provisions new text end 86.6 new text begin in Minnesota Rules, parts 8420.0500 to 8420.0760. These rules are exempt from the new text end 86.7 new text begin rulemaking provisions of Minnesota Statutes, chapter 14, except that Minnesota Statutes, new text end 86.8 new text begin section 14.386, applies and the proposed rules must be submitted to the senate and house new text end 86.9 new text begin committees having jurisdiction over environment and natural resources at least 30 days new text end 86.10 new text begin prior to being published in the State Register. The amended rules are effective for two new text end 86.11 new text begin years from the date of publication in the State Register unless they are superseded by new text end 86.12 new text begin permanent rules. new text end 86.13 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 86.14    Sec. 87. new text begin VERMILLION HIGHLANDS WILDLIFE MANAGEMENT AREA. new text end 86.15     new text begin (a) The following area is established and designated as the Vermillion Highlands new text end 86.16 new text begin Wildlife Management Area, subject to the special permitted uses authorized in this section: new text end 86.17     new text begin The approximately 2,840 acres owned by the University of Minnesota lying within new text end 86.18 new text begin the area legally described as approximately the southerly 3/4 of the Southwest 1/4 of new text end 86.19 new text begin Section 1, the Southeast 1/4 of Section 2, the East 1/2 of Section 10, Section 11, the new text end 86.20 new text begin West 1/2 of Section 12, Section 13, and Section 14, all in Township 114 North, Range new text end 86.21 new text begin 19 West, Dakota County. new text end 86.22     new text begin (b) Notwithstanding Minnesota Statutes, section 86A.05, subdivision 8, paragraph new text end 86.23 new text begin (c), permitted uses in the Vermillion Highlands Wildlife Management Area include: new text end 86.24     new text begin (1) education, outreach, and agriculture with the intent to eventually phase out new text end 86.25 new text begin agriculture leases and plant and restore native prairie; new text end 86.26     new text begin (2) research by the University of Minnesota or other permitted researchers; new text end 86.27     new text begin (3) hiking, hunting, fishing, trapping, and other compatible wildlife-related new text end 86.28 new text begin recreation of a natural outdoors experience, without constructing new hard surface trails new text end 86.29 new text begin or roads, and supporting management and improvements; new text end 86.30     new text begin (4) designated trails for hiking, horseback riding, biking, and cross-country skiing new text end 86.31 new text begin and necessary trailhead support with minimal impact on the permitted uses in clause (3); new text end 86.32     new text begin (5) shooting sports facilities for sporting clays, skeet, trapshooting, and rifle and new text end 86.33 new text begin pistol shooting, including sanctioned events and training for responsible handling and new text end 86.34 new text begin use of firearms; new text end 86.35     new text begin (6) grant-in-aid snowmobile trails; and new text end 87.1     new text begin (7) leases for small-scale farms to market vegetable farming. new text end 87.2     new text begin (c) With the concurrence of representatives of the University of Minnesota and new text end 87.3 new text begin Dakota County, the commissioner of natural resources may, by posting or rule, restrict the new text end 87.4 new text begin permitted uses as follows: new text end 87.5     new text begin (1) temporarily close areas or trails, by posting at the access points, to facilitate new text end 87.6 new text begin hunting. When temporarily closing trails under this clause, the commissioner shall avoid new text end 87.7 new text begin closing all trail loops simultaneously whenever practical; or new text end 87.8     new text begin (2) limit other permitted uses to accommodate hunting and trapping after providing new text end 87.9 new text begin advance public notice. Research conducted by the university may not be limited unless new text end 87.10 new text begin mutually agreed by the commissioner and the University of Minnesota. new text end 87.11     new text begin (d) Road maintenance within the wildlife management area shall be minimized, with new text end 87.12 new text begin the intent to abandon interior roads when no longer needed for traditional agriculture new text end 87.13 new text begin purposes. new text end 87.14     new text begin (e) Money collected on leases from lands within the wildlife management area new text end 87.15 new text begin must be kept in a separate account and spent within the wildlife management area under new text end 87.16 new text begin direction of the representatives listed in paragraph (c). $200,000 of this money may be new text end 87.17 new text begin transferred to the commissioner of natural resources for a master planning process and new text end 87.18 new text begin resource inventory of the land identified in Minnesota Statutes, section 137.50, subdivision new text end 87.19 new text begin 6, in order to provide needed prairie and wetland restoration. The commissioner must work new text end 87.20 new text begin with affected officials from the University of Minnesota and Dakota County to complete new text end 87.21 new text begin these requirements and inform landowners and lessees about the planning process. new text end 87.22     new text begin (f) Notwithstanding Minnesota Statutes, sections 97A.061 and 477A.11, the state new text end 87.23 new text begin of Minnesota shall not provide payments in lieu of taxes for the lands described in new text end 87.24 new text begin paragraph (a). new text end 87.25    Sec. 88. new text begin REPEALER. new text end 87.26 new text begin (a) new text end new text begin Minnesota Statutes 2006, section 89A.11, new text end new text begin is repealed. new text end 87.27 new text begin (b) new text end new text begin Minnesota Statutes 2006, section 103G.2241, subdivision 8, new text end new text begin is repealed. new text end 87.28 new text begin EFFECTIVE DATE. new text end new text begin Paragraph (a) of this section is effective July 1, 2007. new text end 87.29 new text begin Paragraph (b) of this section is effective the day following final enactment. new text end