SF 1131

1st Unofficial Engrossment - 85th Legislature (2007 - 2008)

Posted on 12/15/2009 12:00 a.m.

1.1A bill for an act 1.2relating to natural resources; modifying authority to designate infested waters; 1.3modifying land acquisition requirements; modifying land owners' bill of 1.4rights; modifying requirements for certain recreational vehicles; establishing 1.5an off-highway vehicle safety and conservation program; modifying certain 1.6state trails, parks, and wildlife management areas; modifying state park permit 1.7provisions; modifying definitions; providing for and modifying certain fees; 1.8modifying license and stamp provisions; modifying possession and taking 1.9restrictions; providing for apprentice hunter validation; modifying commercial 1.10fishing provisions; providing for a crossbow deer season; providing for an 1.11Appeals Board of Zoning Adjustment; requiring cormorant control; providing 1.12for certain walleye stocking prioritization; modifying certain county powers; 1.13providing for timber sales; extending expiration of the Minerals Coordinating 1.14Committee; modifying recordation requirements for mineral interests; modifying 1.15requirements for certain contested case hearings; modifying water supply 1.16plan requirements; providing for regulation of shoreland resorts; adopting the 1.17Uniform Environmental Covenants Act; modifying individual sewage treatment 1.18system provisions; extending exemptions to noise standards; restricting the use 1.19of phosphorus in household dishwasher detergent; exempting certain exchanged 1.20land from the tax-forfeited land assurance fee; authorizing public and private 1.21sales, conveyances, exchanges, and leases of certain state lands; providing for 1.22status of certain land in St. Louis County; providing for temporary suspension 1.23of apportionment of certain proceeds from tax-forfeited lands; modifying 1.24authority for and requiring rulemaking; requiring reports and studies; requiring 1.25public meetings; providing for renaming Big Island; providing for Public 1.26Facilities Authority funding; providing civil penalties;amending Minnesota 1.27Statutes 2006, sections 84.027, by adding a subdivision; 84.0272, subdivision 1.283; 84.0274, subdivision 5; 84.029, subdivision 2; 84.788, subdivision 1; 1.2984.82, subdivision 6; 84.8205, subdivision 1; 84.925, subdivision 5; 84D.03, 1.30subdivision 1; 84D.12, subdivisions 1, 3; 85.015, subdivision 14; 85.053, 1.31subdivisions 2, 8; 93.0015, subdivision 3; 93.55, subdivision 1, by adding a 1.32subdivision; 97A.015, subdivision 24, by adding a subdivision; 97A.045, by 1.33adding a subdivision; 97A.133, by adding a subdivision; 97A.401, subdivision 1.345; 97A.405, subdivisions 2, 4; 97A.441, subdivision 7; 97A.445, by adding a 1.35subdivision; 97A.451, subdivisions 3, 3a; 97A.465, by adding a subdivision; 1.3697A.473, subdivisions 3, 5; 97A.475, subdivisions 2, 3, 16; 97A.505, subdivision 1.374; 97A.511; 97B.015, by adding a subdivision; 97B.020; 97B.031, subdivision 1; 1.3897B.035, by adding a subdivision; 97B.055, subdivision 3; 97B.075; 97B.085, 1.39subdivision 3; 97B.301, subdivision 7; 97B.311; 97B.318, subdivision 1; 2.197B.327; 97B.715, subdivision 1; 97B.801; 97B.928, subdivision 1; 97C.325; 2.297C.335; 97C.355, subdivision 8; 97C.371, by adding a subdivision; 97C.835, 2.3subdivisions 1, 2, 3, 8; 103F.205, subdivision 1; 103G.291, subdivision 3; 2.4103G.311, subdivision 2; 115.072; 115.55, subdivision 6; 115.56, subdivision 2; 2.5115B.17, subdivision 15; 116.07, subdivision 2a; 116.23; 282.04, subdivision 2.61; 373.01, subdivision 1; 473.1565, subdivision 1; 473.859, subdivision 3; 2.7Laws 2006, chapter 236, article 1, section 21; proposing coding for new law in 2.8Minnesota Statutes, chapters 84; 97B; 97C; 103F; proposing coding for new law 2.9as Minnesota Statutes, chapter 114E; repealing Minnesota Statutes 2006, sections 2.1085.015, subdivision 11; 97A.475, subdivision 38; 97C.365; Laws 2006, chapter 2.11236, article 1, section 2; 2007, S.F. No. 2096, article 1, section 24, if enacted. 2.12BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.13ARTICLE 1 2.14NATURAL RESOURCES POLICY 2.15    Section 1. Minnesota Statutes 2006, section 84.027, is amended by adding a 2.16subdivision to read: 2.17     new text begin Subd. 13a. new text end new text begin Game and fish expedited permanent rules. new text end new text begin In addition to the authority new text end 2.18 new text begin granted in Subdivision 13, the commissioner of natural resources may adopt rules under new text end 2.19 new text begin section 14.389 that are authorized under: new text end 2.20     new text begin (1) chapters 97A, 97B, and 97C to describe zone or permit area boundaries, to new text end 2.21 new text begin designate fish spawning beds or fish preserves, to select hunters or anglers for areas, new text end 2.22 new text begin to provide for registration of game or fish, to prevent or control wildlife disease, or to new text end 2.23 new text begin correct errors or omissions in rules that do not have a substantive effect on the intent or new text end 2.24 new text begin application of the original rule; or new text end 2.25     new text begin (2) section 84D.12 to designate prohibited invasive species, regulated invasive new text end 2.26 new text begin species, and unregulated nonnative species. new text end 2.27    Sec. 2. Minnesota Statutes 2006, section 84.0272, subdivision 3, is amended to read: 2.28    Subd. 3. Minimal value acquisition. (a) Notwithstanding subdivision 1, if the 2.29commissioner determines that lands or interests in land have a value less than $5,000 new text begin new text end 2.30 new text begin $50,000 new text end , the commissioner may acquire the lands for the value determined by the 2.31commissioner without an appraisal. The commissioner shall make the determination based 2.32upon available information including, but not limited to: 2.33    (1) new text begin up to new text end the most recent assessed market value of the land or interests in land as 2.34determined by the county assessor of the county in which the land or interests in land is 2.35located new text begin , plus ten percent new text end ; 2.36    (2) a sale price of the land or interests in land, provided the sale occurred within 2.37the past year; 3.1    (3) the sale prices of comparable land or new text begin Department of Natural Resources land sales new text end 3.2 new text begin or acquisitions of new text end interests in land located in the vicinity and sold within the past year; or 3.3    (4) an appraisal of the land or interests in land conducted within the past year. 3.4    (b) In the event the value is minimal new text begin less than $1,000 new text end , the commissioner may add a 3.5transaction incentive, provided that the sum of the incentive plus the value of the land 3.6does not exceed $1,000. 3.7    Sec. 3. Minnesota Statutes 2006, section 84.0274, subdivision 5, is amended to read: 3.8    Subd. 5. Owner's rights. When the state proposes to purchase in fee or any lesser 3.9interest in land which will be administered by the commissioner of natural resources, the 3.10landowner shall have the following rights: 3.11    (a) The right to be informed of the specific intended use of the property and of any 3.12change in the intended use of the property which occurs during the acquisition process. 3.13The owner shall also be informed that the documents regarding the purchase will be public 3.14records if the land is purchased by the state; 3.15    (b) The right to be paid a fair price for the property. The price shall include the 3.16fair market value of the land plus: 3.17    (1) All necessary incidental costs such as abstracting and recording fees related 3.18to the sale. The costs of clearing title defects, paying taxes, and attorney's fees are not 3.19reimbursable; and 3.20    (2) Any penalties incurred by the owner where the property is security for a loan 3.21or advance of credit that contains a provision requiring or permitting the imposition of a 3.22penalty if the loan or advance of credit is prepaid; 3.23    (c) The right to payment, at the owner's election, in a lump sum or in up to four 3.24annual installments; 3.25    (d) The right to have the property fairly appraised by the state. The state's appraiser 3.26shall physically inspect the property and shall allow the owner along when the appraisal 3.27is made. The state's appraiser shall certify in the appraisal report to having physically 3.28inspected the property and having given the landowner an opportunity to go along on 3.29inspections. new text begin Notwithstanding section 13.44, subdivision 3, before an offer is made, new text end the 3.30landowner shall be given a resume of the state's certified appraisal. The resume shall 3.31include the appraiser's conclusions as to value, acreage and type of land, value of buildings 3.32and other improvements, value of timber, special damages and any special elements of 3.33value new text begin informed of the value determined pursuant to section 84.0272 new text end ; 3.34    (e) The right to retain a qualified independent appraiser to conduct an appraisal at any 3.35time prior to certification of the state's appraisal of the property and to be reimbursed for 4.1appraisal fees as provided in section 117.232, subdivision 1, if the land is sold to the state 4.2and to have that appraisal considered along with the state's in certifying the selling price; 4.3    (f) The right to have the state acquire the property by means of condemnation upon 4.4the owner's request with the agreement of the commissioner; 4.5    (g) The right to receive or waive relocation assistance, services, payments and 4.6benefits as provided in sections 117.52 and 117.521; 4.7    (h) The right to accept the state's offer for the property and contest the state's offer 4.8for relocation and moving expenses; 4.9    (i) The right to continue occupancy of the property until full payment is received, 4.10provided that when the owner elects to receive payment in annual installments pursuant to 4.11clause (c), the owner may retain occupancy until the first payment is made; and 4.12    (j) The right to seek the advice of counsel regarding any aspect of the land 4.13transaction. 4.14    Sec. 4. Minnesota Statutes 2006, section 84.029, subdivision 2, is amended to read: 4.15    Subd. 2. Acquisition of land for trails. The commissioner may acquire, by gift, 4.16purchase, or lease, easements or other interests in land for trails, and recreational uses 4.17related to trails, where necessary to complete trails established primarily in state forests, 4.18state parks, or other public land under the jurisdiction of the commissioner, when railroad 4.19rights-of-way are abandoned, when the use of township roads is compatible with vehicular 4.20travel, and new text begin or new text end when needed to complete trails established by the legislature. 4.21    Sec. 5. Minnesota Statutes 2006, section 84.788, subdivision 1, is amended to read: 4.22    Subdivision 1. General requirements. Unless exempted in subdivision 2, after 4.23January 1, 1994, a person may not operate and an owner may not give permission for 4.24another to operate an off-highway motorcycle on public lands or waters unless the vehicle 4.25has been registered under this section. 4.26    Sec. 6. Minnesota Statutes 2006, section 84.82, subdivision 6, is amended to read: 4.27    Subd. 6. Exemptions. Registration is not required under this section for: 4.28    (1) a snowmobile owned and used by the United States, another state, or a political 4.29subdivision thereof; 4.30    (2) a snowmobile registered in a country other than the United States temporarily 4.31used within this state; 4.32    (3) a snowmobile that is covered by a valid license of another state and has not been 4.33within this state for more than 30 consecutive days; 5.1    (4) a snowmobile used exclusively in organized track racing events; 5.2    (5) a snowmobile in transit by a manufacturer, distributor, or dealer; or 5.3    (6) a snowmobile at least 15 years old in transit by an individual for use only on 5.4land owned or leased by the individual new text begin ; or new text end 5.5     new text begin (7) a snowmobile while being used to groom a state or grant-in-aid trail new text end . 5.6    Sec. 7. Minnesota Statutes 2006, section 84.8205, subdivision 1, is amended to read: 5.7    Subdivision 1. Sticker required; fee. (a) Except as provided in paragraph (b), a 5.8person may not operate a snowmobile on a state or grant-in-aid snowmobile trail unless a 5.9snowmobile state trail sticker is affixed to the snowmobile. The commissioner of natural 5.10resources shall issue a sticker upon application and payment of a $15 fee. The fee for a 5.11three-year snowmobile state trail sticker that is purchased at the time of snowmobile 5.12registration is $30. In addition to other penalties prescribed by law, a person in violation 5.13of this subdivision must purchase an annual state trail sticker for a fee of $30. The sticker 5.14is valid from November 1 through April 30. Fees collected under this section, except for 5.15the issuing fee for licensing agents, shall be deposited in the state treasury and credited 5.16to the snowmobile trails and enforcement account in the natural resources fund and, 5.17except for the electronic licensing system commission established by the commissioner 5.18under section 84.027, subdivision 15, must be used for grants-in-aid, trail maintenance, 5.19grooming, and easement acquisition. 5.20    (b) A state trail sticker is not required under this section for: 5.21    (1) a snowmobile owned by the state or a political subdivision of the state that is 5.22registered under section 84.82, subdivision 5; 5.23    (2) a snowmobile that is owned and used by the United States, another state, or 5.24a political subdivision thereof that is exempt from registration under section 84.82, 5.25subdivision 6; 5.26    (3) a collector snowmobile that is operated as provided in a special permit issued for 5.27the collector snowmobile under section 84.82, subdivision 7a; or 5.28    (4) a person operating a snowmobile only on the portion of a trail that is owned by 5.29the person or the person's spouse, child, or parent new text begin ; or new text end 5.30     new text begin (5) a snowmobile while being used to groom a state or grant-in-aid trail new text end . 5.31    Sec. 8. new text begin [84.9011] OFF-HIGHWAY VEHICLE SAFETY AND CONSERVATION new text end 5.32 new text begin PROGRAM. new text end 5.33     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 5.34 new text begin a program to promote the safe and responsible operation of off-highway vehicles in a new text end 6.1 new text begin manner that does not harm the environment. The commissioner shall coordinate the new text end 6.2 new text begin program through the regional offices of the Department of Natural Resources. new text end 6.3     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 6.4 new text begin clubs to assist, on a volunteer basis, in improving, maintaining, and monitoring of trails on new text end 6.5 new text begin state forest land and other public lands. new text end 6.6     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 6.7 new text begin with off-highway vehicle clubs for volunteer services to maintain, make improvements to, new text end 6.8 new text begin and monitor trails on state forest land and other public lands. The off-highway vehicle new text end 6.9 new text begin clubs shall promote the operation of off-highway vehicles in a safe and responsible manner new text end 6.10 new text begin that complies with the laws and rules that relate to the operation of off-highway vehicles. new text end 6.11     new text begin (b) The off-highway vehicle clubs may provide assistance to the department in new text end 6.12 new text begin locating, recruiting, and training instructors for off-highway vehicle training programs. new text end 6.13     new text begin (c) The commissioner may provide assistance to enhance the comfort and safety new text end 6.14 new text begin of volunteers and to facilitate the implementation and administration of the safety and new text end 6.15 new text begin conservation program. new text end 6.16    Sec. 9. Minnesota Statutes 2006, section 84.925, subdivision 5, is amended to read: 6.17    Subd. 5. Training requirements. (a) An individual who was born after July 1, 6.181987, and who is 16 years of age or older, must successfully complete the independent 6.19study course component of all-terrain vehicle safety training before operating an all-terrain 6.20vehicle on public lands new text begin or waters, public road rights-of-way, or state or grant-in-aid trails new text end . 6.21    (b) An individual who is convicted of violating a law related to the operation of an 6.22all-terrain vehicle must successfully complete the independent study course component of 6.23all-terrain vehicle safety training before continuing operation of an all-terrain vehicle. 6.24    (c) An individual who is convicted for a second or subsequent excess speed, trespass, 6.25or wetland violation in an all-terrain vehicle season, or any conviction for careless or 6.26reckless operation of an all-terrain vehicle, must successfully complete the independent 6.27study and the testing and operating course components of all-terrain vehicle safety training 6.28before continuing operation of an all-terrain vehicle. 6.29    (d) An individual who receives three or more citations and convictions for violating a 6.30law related to the operation of an all-terrain vehicle in a two-year period must successfully 6.31complete the independent study and the testing and operating course components of 6.32all-terrain vehicle safety training before continuing operation of an all-terrain vehicle. 6.33    (e) An individual must present evidence of compliance with this subdivision before 6.34an all-terrain vehicle registration is issued or renewed. 7.1    Sec. 10. Minnesota Statutes 2006, section 84D.03, subdivision 1, is amended to read: 7.2    Subdivision 1. Infested waters; restricted activities. (a) The commissioner shall 7.3designate a water of the state as an infested water if the commissioner determines that new text begin : new text end 7.4     new text begin (1) new text end the water contains a population of an aquatic invasive species that could spread to 7.5other waters if use of the water and related activities are not regulated to prevent this. new text begin ; or new text end 7.6     new text begin (2) the water is highly likely to be infested by an aquatic invasive species because it new text end 7.7 new text begin is connected to a water that contains a population of an aquatic invasive species. new text end 7.8    (b) When determining which invasive species comprise infested waters, the 7.9commissioner shall consider: 7.10    (1) the extent of a species distribution within the state; 7.11    (2) the likely means of spread for a species; and 7.12    (3) whether regulations specific to infested waters containing a specific species 7.13will effectively reduce that species' spread. 7.14    (c) The presence of common carp and curly-leaf pondweed shall not be the basis for 7.15designating a water as infested. 7.16     new text begin (d) The designation of infested waters by the commissioner shall be by written order new text end 7.17 new text begin published in the State Register. Designations are not subject to the rulemaking provisions new text end 7.18 new text begin of chapter 14 and section 14.386 does not apply. new text end 7.19    Sec. 11. Minnesota Statutes 2006, section 84D.12, subdivision 1, is amended to read: 7.20    Subdivision 1. Required rules. The commissioner shall adopt rules: 7.21    (1) designating infested waters, prohibited invasive species, regulated invasive 7.22species, and unregulated nonnative species of aquatic plants and wild animals; 7.23    (2) governing the application for and issuance of permits under this chapter, which 7.24rules may include a fee schedule; and 7.25    (3) governing notification under section 84D.08. 7.26    Sec. 12. Minnesota Statutes 2006, section 84D.12, subdivision 3, is amended to read: 7.27    Subd. 3. Expedited rules. The commissioner may adopt rules under section 84.027, 7.28subdivision 13 , that designate: 7.29    (1) prohibited invasive species of aquatic plants and wild animals; 7.30    (2) regulated invasive species of aquatic plants and wild animals; new text begin and new text end 7.31    (3) unregulated nonnative species of aquatic plants and wild animals; and new text begin . new text end 7.32    (4) infested waters. 7.33    Sec. 13. Minnesota Statutes 2006, section 85.015, subdivision 14, is amended to read: 8.1    Subd. 14. Gateway Trail new text begin Willard Munger Trail System new text end , Chisago, Ramsey, new text begin new text end 8.2 new text begin Pine, St. Louis, Carlton, new text end and Washington Counties. (a) The trail shall new text begin consist of six new text end 8.3 new text begin segments. One segment shall be known as the Gateway Trail and shall new text end originate at the 8.4State Capitol and shall extend northerly and northeasterly to William O'Brien State Park, 8.5thence northerly to Taylors Falls in Chisago County, and there terminate. new text begin One segment new text end 8.6 new text begin shall be known as the Boundary Trail and shall originate in Chisago County and extend new text end 8.7 new text begin into Duluth in St. Louis County. One segment shall be known as the Browns Creek Trail new text end 8.8 new text begin and shall originate at Duluth Junction and extend into Stillwater in Washington County. new text end 8.9 new text begin One segment shall be known as the Munger Trail and shall originate at Hinckley in Pine new text end 8.10 new text begin County and extend through Moose Lake in Carlton County to Duluth in St. Louis County. new text end 8.11 new text begin One segment shall be known as the Alex Laveau Trail and shall originate in Carlton new text end 8.12 new text begin County at Carlton and extend through Wrenshall to the Minnesota-Wisconsin border. One new text end 8.13 new text begin segment shall be established that extends the trail to include the cities of Proctor, Duluth, new text end 8.14 new text begin and Hermantown in St. Louis County. new text end 8.15    (b) The trail new text begin system new text end shall be developed primarily for hiking and nonmotorized riding. 8.16    (c) In addition to the authority granted in subdivision 1, lands and interests in lands 8.17for the trail new text begin Gateway and Browns Creek Trails new text end may be acquired by eminent domain. 8.18    (d) The commissioner of natural resources, after consulting with all local units of 8.19government affected by the trail, and with the commissioner of transportation and the 8.20Metropolitan Council, shall prepare a master plan for the trail. After completion of the 8.21master plan, any land or interest in land not needed for the trail may be disposed of by the 8.22commissioner of natural resources as follows: 8.23    (1) by transfer to the Department of Transportation, the Historical Society, or 8.24another state agency; 8.25    (2) by sale at not less than the purchase price to a city, town, school district, park 8.26district, or other political subdivision whose boundaries include or are adjacent to the land, 8.27for public purposes only, after written notice to each of these political subdivisions; or 8.28    (3) if no offer to purchase is received from any political subdivision within one year 8.29after the completion of the master plan, then by public sale, at not less than the purchase 8.30price, upon notice published in the manner provided in section , and otherwise in the 8.31same manner as trust fund lands are sold, so far as applicable. 8.32    All proceeds derived from sales of unneeded land and interest in land shall be 8.33deposited in the state bond fund. For the purposes of United States Code, title 23, section 8.34138, and title 49, section 1653(f), any land or interest in land not needed for the trail and 8.35transferred to another state agency, or sold, does not constitute permanent park, recreation 8.36area, or wildlife or waterfowl refuge facility land. 9.1    Sec. 14. Minnesota Statutes 2006, section 85.053, subdivision 2, is amended to read: 9.2    Subd. 2. Requirement. Except as provided in section 85.054, a motor vehicle 9.3may not enter a state park, state recreation area, or state wayside over 50 acres in area, 9.4without a state park permit issued under this section. Except for vehicles permitted under 9.5subdivisions 7, paragraph (a), clause (2), and 8, the state park permit must be affixed to the 9.6lower right corner windshield of the motor vehicle and must be completely affixed by its 9.7own adhesive to the windshield, or the commissioner may, by written order, provide an 9.8alternative means to display and validate annual new text begin state park new text end permits. 9.9    Sec. 15. Minnesota Statutes 2006, section 85.053, subdivision 8, is amended to read: 9.10    Subd. 8. Military personnel on leave; exemption. (a) The provisions of this 9.11section requiring a state park permit and regulating its display do not apply to new text begin A one-day new text end 9.12 new text begin permit, under subdivision 4, shall be issued without a fee for new text end a motor vehicle being used 9.13by a person who is serving in active military service in any branch or unit of the United 9.14States armed forces and who is stationed outside Minnesota, during the period of active 9.15service and for 90 days immediately thereafter, if the person notifies new text begin presents the person's new text end 9.16 new text begin current military orders to new text end the park attendant on duty or other designee of the commissioner 9.17of the person's military status at the time of usage. It is sufficient notice for the eligible 9.18person to temporarily affix to the inside of the windshield of the vehicle in a visible 9.19manner the person's current military orders and to carry in the person's possession current 9.20military identification attesting to the person's active or recent military status. 9.21    (b) For purposes of this section, "active service" has the meaning given under section 9.22190.05 , subdivision 5c, when performed outside Minnesota. 9.23    Sec. 16. Minnesota Statutes 2006, section 93.0015, subdivision 3, is amended to read: 9.24    Subd. 3. Expiration. Notwithstanding section 15.059, subdivision 5, or other law to 9.25the contrary, the committee expires June 30, 2007 new text begin 2011 new text end . 9.26    Sec. 17. Minnesota Statutes 2006, section 93.55, subdivision 1, is amended to read: 9.27    Subdivision 1. Forfeiture; failure to record. If the owner of a mineral interest fails 9.28to record the verified statement required by section 93.52, before January 1, 1975, as to 9.29any interests owned on or before December 31, 1973, or within one year after acquiring 9.30such interests as to interests acquired after December 31, 1973, and not previously 9.31recorded under section , the mineral interest shall forfeit to the state after notice and 9.32opportunity for hearing as provided in this section. However, before completing the 10.1procedures set forth in subdivision 2, the commissioner of natural resources may lease the 10.2severed mineral interest as provided in subdivisions 1a and 3. 10.3    Sec. 18. Minnesota Statutes 2006, section 93.55, is amended by adding a subdivision 10.4to read: 10.5     new text begin Subd. 1b. new text end new text begin Exemption for forfeiture. new text end new text begin Notwithstanding subdivision 1, a severed new text end 10.6 new text begin mineral interest for which a statement was recorded as required under section 93.52, but new text end 10.7 new text begin for which no new statement was recorded when the interest was subsequently conveyed new text end 10.8 new text begin on or after December 31, 1969, but before July 1, 2007, is not subject to forfeiture if: (1) new text end 10.9 new text begin substantial compliance can be shown as provided in subdivision 2, and (2) a new statement new text end 10.10 new text begin is recorded within one year of any conveyance of ownership on or after July 1, 2007. new text end 10.11    Sec. 19. Minnesota Statutes 2006, section 97A.015, subdivision 24, is amended to read: 10.12    Subd. 24. Game birds. "Game birds" means migratory waterfowl, new text begin ring-necked new text end 10.13pheasant, ruffed grouse, sharp-tailed grouse, Canada spruce grouse, prairie chickens, 10.14gray partridge, bob-white quail, new text begin wild new text end turkeys, coots, gallinules, sora and Virginia rails, 10.15mourning dove, American woodcock, and common snipe. 10.16    Sec. 20. Minnesota Statutes 2006, section 97A.015, is amended by adding a 10.17subdivision to read: 10.18     new text begin Subd. 26c. new text end new text begin Immediately released or immediately returned to the water. new text end 10.19     new text begin "Immediately released" or "immediately returned to the water" means that a fish must not new text end 10.20 new text begin be retained longer than is needed at the site of capture to unhook, identify, measure, or new text end 10.21 new text begin photograph the fish. Placing a fish on a stringer, in a live well, or in a cooler, bucket, or new text end 10.22 new text begin other container is not "immediately released" or "immediately returned to the water." new text end 10.23    Sec. 21. Minnesota Statutes 2006, section 97A.045, is amended by adding a 10.24subdivision to read: 10.25     new text begin Subd. 12. new text end new text begin Establishing fees. new text end new text begin Notwithstanding section 16A.1283, the commissioner new text end 10.26 new text begin may, by written order published in the State Register, establish fees providing for the new text end 10.27 new text begin use of state wildlife management area or aquatic management area lands for specific new text end 10.28 new text begin purposes, including dog trials and special events. The fees must be set in an amount that new text end 10.29 new text begin neither significantly overrecovers nor underrecovers costs. The fees are not subject to the new text end 10.30 new text begin rulemaking provisions of chapter 14 and section 14.386 does not apply. new text end 11.1    Sec. 22. Minnesota Statutes 2006, section 97A.133, is amended by adding a 11.2subdivision to read: 11.3     new text begin Subd. 66. Vermillion Highlands Wildlife Management Area, Dakota County. new text end 11.4    Sec. 23. Minnesota Statutes 2006, section 97A.401, subdivision 5, is amended to read: 11.5    Subd. 5. Wild animals damaging property. Special permits may be issued with or 11.6without a fee to take protected wild animals that are damaging property or to remove or 11.7destroy their dens, nests, new text begin eggs, new text end houses, or dams new text begin for the purpose of preventing or reducing new text end 11.8 new text begin damage or injury to people, property, and agricultural crops. The commissioner may new text end 11.9 new text begin prescribe rules for taking Canada geese and their nests and eggs, with or without a permit, new text end 11.10 new text begin consistent with federal regulations new text end . A special permit issued under this subdivision to take 11.11beaver must state the number to be taken. 11.12    Sec. 24. Minnesota Statutes 2006, section 97A.405, subdivision 2, is amended to read: 11.13    Subd. 2. Personal possession. (a) A person acting under a license or traveling from 11.14an area where a licensed activity was performed must have in personal possession either: 11.15(1) the proper license, if the license has been issued to and received by the person; or (2) 11.16the proper license identification number or stamp validation, if the license has been sold to 11.17the person by electronic means but the actual license has not been issued and received. 11.18    (b) If possession of a license or a license identification number is required, a person 11.19must exhibit, as requested by a conservation officer or peace officer, either: (1) the 11.20proper license if the license has been issued to and received by the person; or (2) the 11.21proper license identification number or stamp validation and a valid state driver's license, 11.22state identification card, or other form of identification provided by the commissioner, 11.23if the license has been sold to the person by electronic means but the actual license has 11.24not been issued and received. new text begin A person charged with violating the license possession new text end 11.25 new text begin requirement shall not be convicted if the person produces in court or the office of the new text end 11.26 new text begin arresting enforcement officer the actual license previously issued to that person, which new text end 11.27 new text begin was valid at the time of arrest, or satisfactory proof that at the time of the arrest the person new text end 11.28 new text begin was validly licensed. Upon request of an enforcement officer, a licensee shall write the new text end 11.29 new text begin licensee's name in the presence of the officer to determine the identity of the licensee. new text end 11.30    (c) If the actual license has been issued and received, a receipt for license fees, a 11.31copy of a license, or evidence showing the issuance of a license, including the license 11.32identification number or stamp validation, does not entitle a licensee to exercise the rights 11.33or privileges conferred by a license. 12.1    (d) A license or stamp issued electronically and not immediately provided to the 12.2licensee shall be mailed to the licensee within 30 days of purchase of the license or stamp 12.3validation, except for a pictorial turkey stamp or a pictorial trout and salmon stamp. A 12.4pictorial turkey stamp or a pictorial new text begin , migratory waterfowl, pheasant, or new text end trout and salmon 12.5stamp shall be mailed new text begin provided new text end to the licensee after purchase of a license or stamp 12.6validation only if the licensee pays an additional $2 fee. 12.7    Sec. 25. Minnesota Statutes 2006, section 97A.405, subdivision 4, is amended to read: 12.8    Subd. 4. Replacement licenses. (a) The commissioner may permit licensed deer 12.9hunters to change zone, license, or season options. The commissioner may issue a 12.10replacement license if the applicant submits the original deer license and unused tags that 12.11are being replaced and the applicant pays any increase in cost between the original and 12.12the replacement license. new text begin A refund of the difference in fees may be issued when a person new text end 12.13 new text begin changes from a regular deer license to a youth deer license. new text end When a person submits both 12.14an archery and a firearms license for replacement, the commissioner may apply the value 12.15of both licenses towards the replacement license fee. 12.16    (b) A replacement license may be issued only if the applicant has not used any tag 12.17from the original license new text begin or licenses new text end and meets the conditions of paragraph (c). The original 12.18license new text begin or licenses new text end and all unused tags for that license new text begin for the licenses being replaced new text end must 12.19be submitted to the issuing agent at the time the replacement license is issued. 12.20    (c) A replacement license may be issued under the following conditions, or as 12.21otherwise prescribed by rule of the commissioner: 12.22    (1) when the season for the license being surrendered has not yet opened; or 12.23    (2) when the person is upgrading from a regular firearms or archery deer license to 12.24a multizone or new text begin an new text end all season deer license. new text begin ; new text end 12.25     new text begin (3) when the person is upgrading from a regular firearms license to a multizone new text end 12.26 new text begin deer license; or new text end 12.27     new text begin (4) when the person is changing from a regular firearms deer license to a youth new text end 12.28 new text begin deer license. new text end 12.29    (d) Notwithstanding section 97A.411, subdivision 3, a replacement license is valid 12.30immediately upon issuance if the license being surrendered is valid at that time. 12.31    Sec. 26. Minnesota Statutes 2006, section 97A.441, subdivision 7, is amended to read: 12.32    Subd. 7. Owners or tenants of agricultural land. (a) The commissioner may 12.33issue, without a fee, a license to take an antlerless deer to a person who is an owner or 12.34tenant and is living and actively farming on new text begin of new text end at least 80 acres of agricultural land, as 13.1defined in section 97B.001, in deer permit areas that have deer archery licenses to take 13.2additional deer under section 97B.301, subdivision 4. A person may receive only one 13.3license per year under this subdivision. For properties with co-owners or cotenants, only 13.4one co-owner or cotenant may receive a license under this subdivision per year. The 13.5license issued under this subdivision is restricted to land leased for agricultural purposes 13.6or owned by the holder of the license within the permit area where the qualifying land 13.7is located. The holder of the license may transfer the license to the holder's spouse or 13.8dependent. Notwithstanding sections 97A.415, subdivision 1, and 97B.301, subdivision 13.92 , the holder of the license may purchase an additional license for taking deer and may 13.10take an additional deer under that license. 13.11    (b) A person who obtains a license under paragraph (a) must allow public deer 13.12hunting on their land during that deer hunting season, with the exception of the first 13.13Saturday and Sunday during the deer hunting season applicable to the license issued under 13.14section 97A.475, subdivision 2, clauses (4) and (13). 13.15    Sec. 27. Minnesota Statutes 2006, section 97A.445, is amended by adding a 13.16subdivision to read: 13.17     new text begin Subd. 6. new text end new text begin Angling; Boy Scouts and Girl Scouts Ice Fishing Weekend. new text end new text begin A resident new text end 13.18 new text begin over age 18 may take fish by angling without a license during one three-day consecutive new text end 13.19 new text begin period of the winter angling season designated by the commissioner if accompanied new text end 13.20 new text begin by a Boy Scout troop or troops or Girl Scout troop or troops whose active members new text end 13.21 new text begin participating in the ice fishing weekend are each under age 16. The resident must obtain a new text end 13.22 new text begin certificate from the commissioner signifying permission for the group to angle in a named new text end 13.23 new text begin body of water. During the first day of the three-day consecutive period, the commissioner new text end 13.24 new text begin must designate an authorized representative to visit each Boy Scout troop or troops and new text end 13.25 new text begin Girl Scout troop or troops at the named body of water and provide educational information, new text end 13.26 new text begin including ice safety information and angling instruction. A resident in possession of the new text end 13.27 new text begin certificate is also exempt from any fish house and dark house licensing fees levied under new text end 13.28 new text begin section 97A.475, subdivision 11, during the three-day period. The commissioner shall new text end 13.29 new text begin publicize the three-day period as "Boy Scouts and Girl Scouts Ice Fishing Weekend." new text end 13.30    Sec. 28. Minnesota Statutes 2006, section 97A.451, subdivision 3, is amended to read: 13.31    Subd. 3. Residents under age 16; small game. (a) A resident under age 16 may 13.32not obtain a small game license but may take small game by firearms or bow and arrow 13.33without a license if the resident is: 13.34    (1) age 14 or 15 and possesses a firearms safety certificate; 14.1    (2) age 13, possesses a firearms safety certificate, and is accompanied by a parent 14.2or guardian; or 14.3     new text begin (3) age 13, 14, or 15, possesses an apprentice hunter validation, and is accompanied new text end 14.4 new text begin by a parent or guardian who possesses a small game license that was not obtained using an new text end 14.5 new text begin apprentice hunter validation; or new text end 14.6    (3) new text begin (4) new text end age 12 or under and is accompanied by a parent or guardian. 14.7    (b) A resident under age 16 may take small game by trapping without a small game 14.8license, but a resident 13 years of age or older must have a trapping license. A resident 14.9under age 13 may trap without a trapping license, but may not register fisher, otter, 14.10bobcat, or pine marten unless the resident is at least age five. Any fisher, otter, bobcat, 14.11or pine marten taken by a resident under age five must be included in the limit of the 14.12accompanying parent or guardian. 14.13    (c) A resident under age 12 may apply for a turkey license and may take a turkey 14.14without a firearms safety certificate if the resident is accompanied by an adult parent or 14.15guardian who has a firearms safety certificate. 14.16    Sec. 29. Minnesota Statutes 2006, section 97A.451, subdivision 3a, is amended to read: 14.17    Subd. 3a. Nonresidents under age 16 new text begin 18 new text end ; small game. (a) A nonresident under 14.18age 16 new text begin 18 new text end may obtain a small game license at the resident fee new text begin under section 97A.475, new text end 14.19 new text begin subdivision 2, clause (2), new text end if the nonresident: 14.20    (1) possesses a firearms safety certificate; or 14.21    (2) if age 13 or under, is accompanied by a parent or guardian when purchasing 14.22the license. 14.23    (b) A nonresident age 13 or under must be accompanied by a parent or guardian 14.24to take small game. A nonresident age 12 or under is not required to possess a firearms 14.25safety certificate under section 97B.020 to take small game. 14.26    Sec. 30. Minnesota Statutes 2006, section 97A.465, is amended by adding a 14.27subdivision to read: 14.28     new text begin Subd. 1a. new text end new text begin Spouses of residents on active military duty. new text end new text begin Notwithstanding section new text end 14.29 new text begin 97A.405, subdivision 5, the spouse of a resident who is on active military duty may obtain new text end 14.30 new text begin resident hunting and fishing licenses. new text end 14.31    Sec. 31. Minnesota Statutes 2006, section 97A.473, subdivision 3, is amended to read: 14.32    Subd. 3. Lifetime small game hunting license; fee. (a) A resident lifetime small 14.33game hunting license authorizes a person to hunt new text begin and trap new text end small game in the state. The 15.1license authorizes those hunting new text begin and trapping new text end activities authorized by the annual resident 15.2small game hunting license new text begin and trapping licenses new text end . The license does not include a turkey 15.3stamp validation or any other hunting stamps required by law. 15.4    (b) The fees for a resident lifetime small game hunting license are: 15.5    (1) age 3 and under, $217; 15.6    (2) age 4 to age 15, $290; 15.7    (3) age 16 to age 50, $363; and 15.8    (4) age 51 and over, $213. 15.9 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2007, and applies new text end 15.10 new text begin retroactively to licenses issued after February 28, 2001. new text end 15.11    Sec. 32. Minnesota Statutes 2006, section 97A.473, subdivision 5, is amended to read: 15.12    Subd. 5. Lifetime sporting license; fee. (a) A resident lifetime sporting license 15.13authorizes a person to take fish by angling and hunt new text begin and trap new text end small game in the state. 15.14The license authorizes those activities authorized by the annual resident angling and new text begin , new text end 15.15resident small game hunting new text begin , and resident trapping new text end licenses. The license does not include 15.16a trout and salmon stamp validation, a turkey stamp validation, or any other hunting 15.17stamps required by law. 15.18    (b) The fees for a resident lifetime sporting license are: 15.19    (1) age 3 and under, $357; 15.20    (2) age 4 to age 15, $480; 15.21    (3) age 16 to age 50, $613; and 15.22    (4) age 51 and over, $413. 15.23 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2007, and applies new text end 15.24 new text begin retroactively to licenses issued after February 28, 2001. new text end 15.25    Sec. 33. Minnesota Statutes 2006, section 97A.475, subdivision 2, is amended to read: 15.26    Subd. 2. Resident hunting. Fees for the following licenses, to be issued to residents 15.27only, are: 15.28    (1) for persons age 18 or over and under age 65 to take small game, $12.50; 15.29    (2) for persons ages 16 and 17 and age 65 or over, $6 to take small game; 15.30    (3) to take turkey, $18; 15.31    (4) for persons age 18 or over to take deer with firearms, $26; 15.32    (5) for persons age 18 or over to take deer by archery, $26; 15.33    (6) to take moose, for a party of not more than six persons, $310; 16.1    (7) to take bear, $38; 16.2    (8) to take elk, for a party of not more than two persons, $250; 16.3    (9) multizone license to take antlered deer in more than one zone, $52; 16.4    (10) to take Canada geese during a special season, $4; 16.5    (11) all season license to take two new text begin three new text end deer throughout the state in any open deer 16.6season, except as restricted under section 97B.305, $78; 16.7    (12) to take prairie chickens, $20; 16.8    (13) for persons at least age 12 and under age 18 to take deer with firearms during 16.9the regular firearms season in any open zone or time period, $13; and 16.10    (14) for persons at least age 12 and under age 18 to take deer by archery, $13. 16.11    Sec. 34. Minnesota Statutes 2006, section 97A.475, subdivision 3, is amended to read: 16.12    Subd. 3. Nonresident hunting. Fees for the following licenses, to be issued 16.13to nonresidents, are: 16.14    (1) new text begin for persons age 18 and older new text end to take small game, $73; 16.15    (2) new text begin for persons age 18 and older new text end to take deer with firearms, $135; 16.16    (3) new text begin for persons age 18 and older new text end to take deer by archery, the greater of: 16.17    (i) an amount equal to the total amount of license fees and surcharges charged to a 16.18Minnesota resident to take deer by archery in the person's state or province of residence; or 16.19    (ii) $135; 16.20    (4) to take bear, $195; 16.21    (5) to take turkey, $73; 16.22    (6) to take raccoon, bobcat, fox, or coyote, $155; 16.23    (7) multizone license to take antlered deer in more than one zone, $270; and 16.24    (8) to take Canada geese during a special season, $4. new text begin ; new text end 16.25     new text begin (9) for persons at least age 12 and under age 18 to take deer with firearms during the new text end 16.26 new text begin regular firearms season in any open zone or time period, $13; and new text end 16.27     new text begin (10) for persons at least age 12 and under age 18 to take deer by archery, $13. new text end 16.28    Sec. 35. Minnesota Statutes 2006, section 97A.475, subdivision 16, is amended to read: 16.29    Subd. 16. Resident hunting guides. The fee for a resident license to guide bear 16.30hunters is $82.50 new text begin and is available only to a Minnesota resident individual new text end . 16.31    Sec. 36. Minnesota Statutes 2006, section 97A.505, subdivision 4, is amended to read: 16.32    Subd. 4. Storage of protected wild animals. A person that stores protected wild 16.33animals for others must plainly mark the package, in ink, with the name and address of the 17.1owner, the license number of the person taking the animal, and the number and species in 17.2the package. A person may not use a commercial cold storage warehouse for protected 17.3wild animals, except lawfully taken fish and furs. 17.4    Sec. 37. Minnesota Statutes 2006, section 97A.511, is amended to read: 17.597A.511 FUR-BEARING ANIMALS. 17.6    The skins of fur-bearing animals and the flesh of beaver, muskrat, raccoon, rabbits 17.7and hares, legally taken and bearing the required seals or tags required by the game and 17.8fish laws, may be bought, sold, and transported at any time. The flesh of beaver, raccoon, 17.9rabbits, and hare may not be transported out of the state. 17.10    Sec. 38. Minnesota Statutes 2006, section 97B.015, is amended by adding a 17.11subdivision to read: 17.12     new text begin Subd. 5a. new text end new text begin Exemption for military personnel. new text end new text begin Notwithstanding subdivision 5, a new text end 17.13 new text begin person who has successfully completed basic training in the United States armed forces is new text end 17.14 new text begin exempt from the range and shooting exercise portion of the required course of instruction new text end 17.15 new text begin for the firearms safety certificate. The commissioner may require written proof of the new text end 17.16 new text begin person's military training, as deemed appropriate for implementing this subdivision. new text end 17.17 new text begin The commissioner shall publicly announce this exemption from the range and shooting new text end 17.18 new text begin exercise requirement and the availability of the department's online, remote study option new text end 17.19 new text begin for adults seeking firearms safety certification. Military personnel are not exempt from new text end 17.20 new text begin any other requirement of this section for obtaining a firearms safety certificate. new text end 17.21 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 17.22 new text begin and applies to applications for certificates made on or after that date. new text end 17.23    Sec. 39. Minnesota Statutes 2006, section 97B.020, is amended to read: 17.2497B.020 FIREARMS SAFETY CERTIFICATE REQUIRED. 17.25    (a) Except as provided in this section and section 97A.451, subdivision 3a, a person 17.26born after December 31, 1979, may not obtain an annual license to take wild animals by 17.27firearms unless the person has: 17.28    (1) a firearms safety certificate or equivalent certificate; 17.29    (2) a driver's license or identification card with a valid firearms safety qualification 17.30indicator issued under section 171.07, subdivision 13; 17.31    (3) a previous hunting license with a valid firearms safety qualification indicator; or 17.32     new text begin (4) an apprentice hunter validation issued under section 97B.022; or new text end 18.1    (4) new text begin (5) new text end other evidence indicating that the person has completed in this state or in 18.2another state a hunter safety course recognized by the department under a reciprocity 18.3agreement or certified by the department as substantially similar. 18.4    (b) A person who is on active duty and has successfully completed basic training 18.5in the United States armed forces, reserve component, or National Guard may obtain a 18.6hunting license or approval authorizing hunting regardless of whether the person is issued 18.7a firearms safety certificate. 18.8    (c) A person born after December 31, 1979, may not use a lifetime license to take 18.9wild animals by firearms, unless the person meets the requirements for obtaining an annual 18.10license under paragraph (a) or (b). 18.11    Sec. 40. new text begin [97B.022] APPRENTICE HUNTER VALIDATION. new text end 18.12     new text begin Subdivision 1. new text end new text begin Definition. new text end new text begin For the purpose of this section, "accompanied" means new text end 18.13 new text begin to stay within a distance of another person that permits uninterrupted visual contact and new text end 18.14 new text begin unaided verbal communication. new text end 18.15     new text begin Subd. 2. new text end new text begin Apprentice hunter validation requirements. new text end new text begin A resident born after new text end 18.16 new text begin December 31, 1979, who is age 12 or older and who does not possess a firearms safety new text end 18.17 new text begin certificate may be issued an apprentice hunter validation. An apprentice hunter validation new text end 18.18 new text begin is valid for only one license year in a lifetime. An individual in possession of an apprentice new text end 18.19 new text begin hunter validation may hunt small game and deer only when accompanied by an adult new text end 18.20 new text begin licensed to hunt in Minnesota whose license was not obtained using an apprentice hunter new text end 18.21 new text begin validation. An apprentice hunter validation holder must obtain all required licenses and new text end 18.22 new text begin stamps. new text end 18.23    Sec. 41. Minnesota Statutes 2006, section 97B.031, subdivision 1, is amended to read: 18.24    Subdivision 1. Firearms and ammunition that may be used to take big game. (a) 18.25A person may take big game with a firearm only if: 18.26    (1) the rifle, shotgun, and handgun used is a caliber of at least .23 inches; 18.27    (2) the firearm is loaded only with single projectile ammunition; 18.28    (3) a projectile used is a caliber of at least .23 inches and has a soft point or is 18.29an expanding bullet type; 18.30    (4) the ammunition has a case length of at least 1.285 inches; 18.31    (5) the muzzle-loader used is incapable of being loaded at the breech; 18.32    (6) the smooth-bore muzzle-loader used is a caliber of at least .45 inches; and 18.33    (7) the rifled muzzle-loader used is a caliber of at least .40 inches. 19.1    (b) Notwithstanding paragraph (a), clause (4), a person may take big game with a 19.2ten millimeter cartridge that is at least 0.95 inches in length, a .45 Winchester Magnum 19.3cartridge, or a .50 A. E. (Action Express) handgun cartridge new text begin , or a 56-46 Spencer, 56-50 new text end 19.4 new text begin Spencer, or 56-56 Spencer cartridge new text end . 19.5    Sec. 42. Minnesota Statutes 2006, section 97B.035, is amended by adding a 19.6subdivision to read: 19.7     new text begin Subd. 1a. new text end new text begin Minimum draw weight. new text end new text begin A bow used to take big game must have a pull new text end 19.8 new text begin that meets or exceeds 30 pounds at or before full draw. new text end 19.9    Sec. 43. Minnesota Statutes 2006, section 97B.055, subdivision 3, is amended to read: 19.10    Subd. 3. Hunting from vehicle by disabled hunters. (a) The commissioner may 19.11issue a special permit, without a fee, to discharge a firearm or bow and arrow from a 19.12stationary motor vehicle to a person who obtains the required licenses and who has a 19.13permanent new text begin or chronic new text end physical disability that is more substantial than discomfort from 19.14walking. The permit recipient must be: 19.15    (1) unable to step from a vehicle without aid of a wheelchair, crutches, braces, or 19.16other mechanical support or prosthetic device; or 19.17    (2) unable to walk any distance because of a permanent new text begin or chronic new text end lung, heart, 19.18or other internal disease that requires the person to use supplemental oxygen to assist 19.19breathing. 19.20    (b) The permanent new text begin or chronic new text end physical disability must be established by medical 19.21evidence verified in writing by a licensed physician or chiropractor. The commissioner 19.22may request additional information from the physician or chiropractor if needed to 19.23verify the applicant's eligibility for the permit. Notwithstanding section 97A.418, 19.24the commissioner may, in consultation with appropriate advocacy groups, establish 19.25reasonable minimum standards for permits to be issued under this section. In addition to 19.26providing the medical evidence of a permanent disability, the applicant must possess a 19.27valid disability parking certificate authorized by section 169.345 or license plates issued 19.28under section 168.021. 19.29    (c) A person issued a special permit under this subdivision and hunting deer may 19.30take a deer of either sex, except in those antlerless permit areas and seasons where no 19.31antlerless permits are offered. This subdivision does not authorize another member of a 19.32party to take an antlerless deer under section 97B.301, subdivision 3. 19.33    (d) A permit issued under this subdivision is valid for five years. 20.1    (e) The commissioner may deny, modify, suspend, or revoke a permit issued under 20.2this section for cause, including a violation of the game and fish laws or rules. 20.3    (f) A person who knowingly makes a false application or assists another in making a 20.4false application for a permit under this section is guilty of a misdemeanor. A physician or 20.5chiropractor who fraudulently certifies to the commissioner that a person is permanently 20.6 new text begin or chronically new text end disabled as described in this section is guilty of a misdemeanor. 20.7    Sec. 44. Minnesota Statutes 2006, section 97B.075, is amended to read: 20.897B.075 HUNTING RESTRICTED BETWEEN EVENING AND MORNING. 20.9    (a) A person may not take protected wild animals, except raccoon and fox, with 20.10a firearm between the evening and morning times established by commissioner's rule, 20.11except as provided in this section. 20.12    (b) Big game may be taken from one-half hour before sunrise until one-half hour 20.13after sunset. 20.14    (c) Except as otherwise prescribed by the commissioner new text begin on or new text end before the Saturday 20.15nearest October 8, waterfowl may be taken from one-half hour before sunrise until sunset 20.16during the entire season prescribed by the commissioner. On the opening day of the duck 20.17season, shooting hours for migratory game birds, except woodcock, begin at 9:00 a.m. 20.18    Sec. 45. Minnesota Statutes 2006, section 97B.085, subdivision 3, is amended to read: 20.19    Subd. 3. Communication excepted. This section does not prohibit the use of new text begin : new text end 20.20     new text begin (1) new text end one-way radio communication between a handler and a dog. new text begin ; or new text end 20.21     new text begin (2) a remote-controlled animal noise caller used for fox, crows, bobcat, raccoon, new text end 20.22 new text begin and coyote. new text end 20.23    Sec. 46. new text begin [97B.086] POSSESSION OF NIGHT VISION EQUIPMENT. new text end 20.24     new text begin (a) A person may not possess night vision goggle equipment while taking or new text end 20.25 new text begin attempting to take wild animals or while having in possession, either individually or as new text end 20.26 new text begin one of a group of persons, a firearm, bow, or other implement that could be used to take new text end 20.27 new text begin wild animals. new text end 20.28     new text begin (b) This section does not apply to a firearm that is: new text end 20.29     new text begin (1) unloaded; new text end 20.30     new text begin (2) in a gun case expressly made to contain a firearm that fully encloses the firearm new text end 20.31 new text begin by being zipped, snapped, buckled, tied, or otherwise fastened without any portion of new text end 20.32 new text begin the firearm exposed; and new text end 20.33     new text begin (3) in the closed trunk of a motor vehicle. new text end 21.1     new text begin (c) This section does not apply to a bow that is: new text end 21.2     new text begin (1) completely encased or unstrung; and new text end 21.3     new text begin (2) in the closed trunk of a motor vehicle. new text end 21.4     new text begin (d) If the motor vehicle under paragraph (b) or (c) does not have a trunk, the firearm new text end 21.5 new text begin or bow must be placed in the rearmost location of the vehicle. new text end 21.6     new text begin (e) This section does not apply to night vision goggle equipment possessed by peace new text end 21.7 new text begin officers or military personnel while exercising their duties. new text end 21.8    Sec. 47. Minnesota Statutes 2006, section 97B.301, subdivision 7, is amended to read: 21.9    Subd. 7. All season deer license. (a) A resident may obtain an all season deer 21.10license that authorizes the resident to hunt during the archery, regular firearms, and 21.11muzzle-loader seasons. The all season license is valid for taking three deer, no more 21.12than one of which may be a legal buck. 21.13    (b) The all season deer license is valid for taking antlerless deer as follows: 21.14    (1) up to two antlerless deer may be taken during the archery or muzzle-loader 21.15seasons in any open area or during the regular firearms season in managed or intensive 21.16deer areas; and 21.17    (2) one antlerless deer may be taken during the regular firearms season in a lottery 21.18deer area, only with an either-sex permit or statutory exemption from an either-sex permit. new text begin new text end 21.19 new text begin prescribed by the commissioner. new text end 21.20    (c) The commissioner shall issue three tags when issuing a license under this 21.21subdivision. 21.22    Sec. 48. Minnesota Statutes 2006, section 97B.311, is amended to read: 21.2397B.311 DEER SEASONS AND RESTRICTIONS. 21.24    (a) The commissioner may, by rule, prescribe restrictions and designate areas where 21.25deer may be taken, including hunter selection criteria for special hunts established under 21.26section 97A.401, subdivision 4. The commissioner may, by rule, prescribe the open 21.27seasons for deer within the following periods: 21.28    (1) taking with firearms, other than muzzle-loading firearms, between November 1 21.29and December 15; 21.30    (2) taking with muzzle-loading firearms between September 1 and December 31; and 21.31    (3) taking by archery between September 1 and December 31. 21.32    (b) Notwithstanding paragraph (a), the commissioner may establish special seasons 21.33within designated areas at any time of year. 22.1    (c) Smokeless gunpowder may not be used in a muzzle-loader during the 22.2muzzle-loader season. 22.3    Sec. 49. Minnesota Statutes 2006, section 97B.318, subdivision 1, is amended to read: 22.4    Subdivision 1. Shotgun use area. During the regular firearms season in the shotgun 22.5use area, only legal shotguns loaded with single-slug shotgun shells, legal muzzle-loading 22.6long guns, and legal handguns may be used for taking deer. Legal shotguns include 22.7those with rifled barrels. The shotgun use area is that portion of the state lying within 22.8the following described boundary: Beginning on the west boundary of the state at U.S. 22.9Highway 10; thence along U.S. Highway 10 new text begin the northern boundary of Clay County; thence new text end 22.10 new text begin along the northern boundary of Clay County new text end to State Trunk Highway (STH) 32; thence 22.11along STH 32 to STH 34; thence along STH 34 to Interstate Highway 94 (I-94); thence 22.12along I-94 to County State-Aid Highway (CSAH) 40, Douglas County; thence along 22.13CSAH 40 to CSAH 82, Douglas County; thence along CSAH 82 to CSAH 22, Douglas 22.14County; thence along CSAH 22 to CSAH 6, Douglas County; thence along CSAH 6 to 22.15CSAH 14, Douglas County; thence along CSAH 14 to STH 29; thence along STH 29 to 22.16CSAH 46, Otter Tail County; thence along CSAH 46, Otter Tail County, to CSAH 22, 22.17Todd County; thence along CSAH 22 to U.S. Highway 71; thence along U.S. Highway 71 22.18to STH 27; thence along STH 27 to the Mississippi River; thence along the east bank of 22.19the Mississippi River to STH 23; thence along STH 23 to STH 95; thence along STH 95 to 22.20U.S. Highway 8; thence along U.S. Highway 8 to the eastern boundary of the state; thence 22.21along the east, south, and west boundaries of the state to the point of beginning. 22.22    Sec. 50. Minnesota Statutes 2006, section 97B.327, is amended to read: 22.2397B.327 REPORT; DEER OTHER THAN WHITE-TAILED OR MULE. 22.24    A hunter legally taking a deer that is not a white-tailed or mule deer must report 22.25the type of deer taken to the commissioner of natural resources within seven days of 22.26taking. Violation of this section shall not result in a penalty and is not subject to section 22.27 new text begin will result in a civil penalty of $100 new text end . 22.28    Sec. 51. new text begin [97B.328] BAITING PROHIBITED. new text end 22.29     new text begin A person may not hunt deer (1) with the aid or use of bait, (2) in the vicinity of new text end 22.30 new text begin bait if the person knows or has reason to know that bait is present, or (3) in the vicinity new text end 22.31 new text begin of where the person has placed bait or caused bait to be placed within the previous ten new text end 22.32 new text begin days. This restriction does not apply to food resulting from normal or accepted farming, new text end 22.33 new text begin forest management, wildlife food plantings, orchard management, or other similar new text end 23.1 new text begin land management activities, and does not prohibit an adjacent landowner, who has not new text end 23.2 new text begin participated in or agreed to feeding wildlife on the adjacent land, from taking a deer new text end 23.3 new text begin during the hunting season on the adjacent landowner's land. new text end 23.4    Sec. 52. Minnesota Statutes 2006, section 97B.715, subdivision 1, is amended to read: 23.5    Subdivision 1. Stamp required. (a) Except as provided in paragraph (b) or section 23.697A.405, subdivision 2 , a person required to possess a small game license may not hunt 23.7pheasants without: 23.8    (1) a pheasant stamp in possession; and 23.9    (2) a pheasant stamp validation on the small game license when issued electronically. 23.10    (b) The following persons are exempt from this subdivision: 23.11    (1) residents under age 18 or over age 65; 23.12    (2) persons hunting on licensed commercial shooting preserves; and 23.13    (3) resident disabled veterans with a license issued under section 97A.441, 23.14subdivision 6a . 23.15    Sec. 53. Minnesota Statutes 2006, section 97B.801, is amended to read: 23.1697B.801 MINNESOTA MIGRATORY WATERFOWL STAMP REQUIRED. 23.17    (a) Except as provided in this section or section 97A.405, subdivision 2, a person 23.18required to possess a small game license may not take migratory waterfowl without: 23.19    (1) a Minnesota migratory waterfowl stamp in possession; and 23.20    (2) a migratory waterfowl stamp validation on the small game license when issued 23.21electronically. 23.22    (b) Residents under age 18 or over age 65; resident disabled veterans with a license 23.23issued under section 97A.441, subdivision 6a; and persons hunting on their own property 23.24are not required to possess a stamp or a license validation under this section. 23.25    Sec. 54. Minnesota Statutes 2006, section 97B.928, subdivision 1, is amended to read: 23.26    Subdivision 1. Information required. (a) A person may not set or place a trap or 23.27snare, other than on property owned or occupied by the person, unless the following 23.28information is affixed to the trap or snare in a manner that ensures that the information 23.29remains legible while the trap or snare is on the lands or waters: 23.30    (1) the number and state of the person's driver's license; 23.31    (2) the person's Minnesota identification card number; or 23.32    (3) the person's name and mailing address. new text begin ; or new text end 23.33     new text begin (4) the license identification number issued by the Department of Natural Resources. new text end 24.1    (b) The commissioner may not prescribe additional requirements for identification 24.2of traps or snares. 24.3     new text begin (c) Until March 1, 2013, the driver's license number under paragraph (a), clause (1), new text end 24.4 new text begin may be the person's previously issued Minnesota driver's license number. new text end 24.5    Sec. 55. Minnesota Statutes 2006, section 97C.325, is amended to read: 24.697C.325 PROHIBITED METHODS OF new text begin RESTRICTIONS ON new text end TAKING FISH. 24.7    (a) Except as specifically authorized, a person may not take fish with: 24.8    (1) explosives, chemicals, drugs, poisons, lime, medicated bait, fish berries, or 24.9other similar substances; 24.10    (2) substances or devices that kill, stun, or affect the nervous system of fish; 24.11    (3) nets, traps, trot lines, or snares; or 24.12    (4) spring devices that impale, hook, or capture fish. 24.13    (b) If a person possesses a substance or device listed in paragraph (a) on waters, 24.14shores, or islands, it is presumptive evidence that the person is in violation of this section. 24.15    (c) The commissioner may, by rule, allow the use of a nonmotorized device with a 24.16recoil mechanism to take fish through the ice. 24.17     new text begin (d) To protect water quality or improve habitat for fish or wildlife, the commissioner new text end 24.18 new text begin may prescribe restrictions on fishing seasons, limits, or methods on specific bodies of new text end 24.19 new text begin water. new text end 24.20    Sec. 56. Minnesota Statutes 2006, section 97C.335, is amended to read: 24.2197C.335 USE OF ARTIFICIAL LIGHTS TO TAKE FISH PROHIBITED. 24.22    A person may not use artificial lights to lure or attract fish or to see fish in the water 24.23while spearing, except that while angling new text begin or spearing new text end , a person may new text begin : new text end 24.24     new text begin (1) new text end affix to the end of a fishing line a lighted artificial bait with hooks attached new text begin to the new text end 24.25 new text begin end of a fishing line; or new text end 24.26     new text begin (2) use a lighted decoy for spearing new text end . 24.27    Any battery that is used in lighted fishing lures cannot contain any intentionally 24.28introduced mercury. 24.29    Sec. 57. Minnesota Statutes 2006, section 97C.355, subdivision 8, is amended to read: 24.30    Subd. 8. Confiscation of unlawful structures new text begin ; civil penalty new text end . new text begin (a) new text end Structures on the 24.31ice in violation of this section may be confiscated and disposed of, retained by the division, 24.32or sold at the highest price obtainable, in a manner prescribed by the commissioner. 25.1     new text begin (b) In addition to other penalties provided by law, the owner of a structure left on the new text end 25.2 new text begin ice in violation of this section is subject to a civil penalty under section 115A.99. new text end 25.3    Sec. 58. Minnesota Statutes 2006, section 97C.371, is amended by adding a 25.4subdivision to read: 25.5     new text begin Subd. 5. new text end new text begin Sucker season. new text end new text begin Notwithstanding any other law to the contrary, the new text end 25.6 new text begin commissioner may allow spearing and dip netting of sucker before May 1 when weather new text end 25.7 new text begin conditions warrant it and the earlier season would not interfere with spawning of other new text end 25.8 new text begin fish. The commissioner must post notice of the earlier spring opening by both print new text end 25.9 new text begin and electronic means. Regional fisheries chiefs in any of the department's regions new text end 25.10 new text begin may recommend the earlier spring opening for sucker spearing and dip netting to the new text end 25.11 new text begin commissioner. new text end 25.12    Sec. 59. new text begin [97C.417] REPORTING ASIAN CARP. new text end 25.13     new text begin A person who takes any of the following Asian carp species must report the type of new text end 25.14 new text begin carp taken to the commissioner within seven days of taking: new text end 25.15     new text begin (1) grass carp (Ctenopharyngodon idella); new text end 25.16     new text begin (2) bighead carp (Hypophthalmichthys nobilis); or new text end 25.17     new text begin (3) silver carp (Hypophthalmichthys molitrix). new text end 25.18    Sec. 60. Minnesota Statutes 2006, section 97C.835, subdivision 1, is amended to read: 25.19    Subdivision 1. Commercial fishing license for Lake Superior. (a) A license to 25.20fish commercially in Lake Superior shall be issued to a maximum of 50 new text begin 25 new text end residents. To 25.21qualify for licensing, a resident must have landed fish in the previous year with a value of 25.22at least $1,500, and must have engaged in commercial fishing for at least 30 days of the 25.23previous year. An applicant may be issued a license, at the discretion of the commissioner, 25.24if failure to meet the requirements for the dollar value of fish landed or number of days 25.25fished resulted from illness or other mitigating circumstances, or the applicant has reached 25.26the age of 65 and has been licensed at least five of the previous ten years. 25.27    (b) A license may be issued to a resident who has not previously fished commercially 25.28on Lake Superior and has not been convicted of a game and fish law violation in the 25.29preceding three years, if the applicant: 25.30    (1) shows a bill of sale indicating the purchase of gear and facilities connected 25.31with an existing license; 25.32    (2) shows proof of inheritance of all the gear and facilities connected with an 25.33existing license; or 26.1    (3) has served at least two years as an apprentice in a Minnesota Lake Superior 26.2licensed commercial fishing operation. 26.3    Sec. 61. Minnesota Statutes 2006, section 97C.835, subdivision 2, is amended to read: 26.4    Subd. 2. Types of fish permitted. Lake trout, ciscoes, chubs, alewives, lake 26.5whitefish, round whitefish, pygmy whitefish, rainbow smelt, and rough fish may be 26.6taken by licensed commercial fishing operators from Lake Superior, in accordance with 26.7this section. 26.8    Sec. 62. Minnesota Statutes 2006, section 97C.835, subdivision 3, is amended to read: 26.9    Subd. 3. Pound nets and trap nets. Pound or trap nets may be used to take new text begin lake new text end 26.10 new text begin whitefish, new text end round whitefish, pygmy whitefish, ciscoes, chubs, alewives, rainbow smelt, and 26.11rough fish in Lake Superior, including St. Louis Bay new text begin east of the U.S. Highway 53 bridge new text end , 26.12under the rules prescribed by the commissioner. 26.13    Sec. 63. Minnesota Statutes 2006, section 97C.835, subdivision 8, is amended to read: 26.14    Subd. 8. Special permits. The commissioner may issue special permits to duly 26.15licensed commercial fishing operators not exceeding 20 in number, for the purpose 26.16of taking new text begin lake new text end trout new text begin , ciscoes, new text end and lake whitefish spawn during the closed season for the 26.17propagation of trout in Lake Superior and adjacent waters under rules prescribed by the 26.18commissioner. 26.19    Sec. 64. new text begin [97C.836] LAKE SUPERIOR LAKE TROUT EXPANDED new text end 26.20 new text begin ASSESSMENT HARVEST. new text end 26.21     new text begin The commissioner shall provide for taking of lake trout by licensed commercial new text end 26.22 new text begin operators in Lake Superior management zones MN-3 and MN-2 for expanded assessment new text end 26.23 new text begin and sale. The commissioner shall authorize expanded assessment taking and sale of lake new text end 26.24 new text begin trout in Lake Superior management zone MN-3 beginning in 2007 and zone MN-2 new text end 26.25 new text begin beginning in 2010. Total assessment taking and sale may not exceed 3,000 lake trout in new text end 26.26 new text begin zone MN-3 and 2,000 lake trout in zone MN-2 and may be reduced when necessary new text end 26.27 new text begin to protect the lake trout population or to manage the effects of invasive species or fish new text end 26.28 new text begin disease. Taking lake trout for expanded assessment and sale shall be allowed from June 1 new text end 26.29 new text begin to September 30, but may end earlier in the respective zones if the quotas are reached. The new text end 26.30 new text begin quotas must be reassessed at the expiration of the current ten-year Fisheries Management new text end 26.31 new text begin Plan for the Minnesota Waters of Lake Superior dated September 2006. new text end 27.1    Sec. 65. Minnesota Statutes 2006, section 103G.291, subdivision 3, is amended to read: 27.2    Subd. 3. Emergency new text begin Water supply new text end plans; demand reduction. (a) Every 27.3public water supplier serving more than 1,000 people must submit an emergency and 27.4conservation new text begin a water supply new text end plan to the commissioner for approval by January 1, 1996. 27.5 new text begin In accordance with guidelines developed by the commissioner, new text end the plan must address 27.6 new text begin projected demands, adequacy of the water supply system and planned improvements, new text end 27.7 new text begin existing and future water sources, natural resource impacts or limitations, emergency new text end 27.8 new text begin preparedness, water conservation, new text end supply and demand reduction measures new text begin , new text end and allocation 27.9priorities and must identify alternative sources of water for use in an emergency new text begin that are new text end 27.10 new text begin consistent with section 103G.261 new text end . Public water suppliers must update the new text begin their new text end plan and new text begin , new text end 27.11 new text begin upon notification, new text end submit it to the commissioner for approval every ten years. 27.12     new text begin (b) The water supply plan in paragraph (a) is required for all communities in the new text end 27.13 new text begin metropolitan area, as defined in section 473.121, with a municipal water supply system new text end 27.14 new text begin and is a required element of the local comprehensive plan required under section 473.859. new text end 27.15 new text begin Water supply plans or updates submitted after December 31, 2008, must be consistent new text end 27.16 new text begin with the metropolitan area master water supply plan required under section 473.1565, new text end 27.17 new text begin subdivision 1, paragraph (a), clause (2). new text end 27.18    (b) new text begin (c) new text end Public water suppliers serving more than 1,000 people must employ water use 27.19demand reduction measures before requesting approval from the commissioner of health 27.20under section 144.383, paragraph (a), to construct a public water supply well or requesting 27.21an increase in the authorized volume of appropriation. Demand reduction measures must 27.22include evaluation of conservation rate structures and a public education program that 27.23may include a toilet and showerhead retrofit program. 27.24    (c) new text begin (d) new text end Public water suppliers serving more than 1,000 people must submit records 27.25that indicate the number of connections and amount of use by customer category and 27.26volume of water unaccounted for with the annual report of water use required under 27.27section 103G.281, subdivision 3. 27.28    (d) new text begin (e) new text end For the purposes of this subdivision, "public water supplier" means an entity 27.29that owns, manages, or operates a public water supply, as defined in section 144.382, 27.30subdivision 4 . 27.31    Sec. 66. Minnesota Statutes 2006, section 103G.311, subdivision 2, is amended to read: 27.32    Subd. 2. Hearing notice. (a) The hearing notice on an application must state new text begin new text end 27.33 new text begin include new text end : 27.34    (1) the date, place, and time fixed by the commissioner for the hearing; and 28.1    (2) the waters affected, the water levels sought to be established, or control structures 28.2proposed new text begin ; and new text end 28.3     new text begin (3) the matters prescribed by sections 14.57 to 14.59 and rules adopted thereunder new text end . 28.4    (b) new text begin A summary of new text end the hearing notice must be published by the commissioner at the 28.5expense of the applicant or, if the proceeding is initiated by the commissioner in the 28.6absence of an applicant, at the expense of the commissioner. 28.7    (c) The new text begin summary of the new text end hearing notice must be: 28.8    (1) published once a week for two successive weeks before the day of hearing 28.9in a legal newspaper published in the county where any part of the affected waters is 28.10located; new text begin and new text end 28.11    (2) mailed by the commissioner to the county auditor, the mayor of a municipality, 28.12the watershed district, and the soil and water conservation district affected by the 28.13application; and 28.14    (3) made under requirements prescribed by sections to and rules of the 28.15chief administrative law judge. 28.16    Sec. 67. Minnesota Statutes 2006, section 282.04, subdivision 1, is amended to read: 28.17    Subdivision 1. Timber sales; land leases and uses. (a) The county auditor may 28.18sell timber upon any tract that may be approved by the natural resources commissioner. 28.19The sale of timber shall be made for cash at not less than the appraised value determined 28.20by the county board to the highest bidder after not less than one week's published notice 28.21in an official paper within the county. Any timber offered at the public sale and not sold 28.22may thereafter be sold at private sale by the county auditor at not less than the appraised 28.23value thereof, until the time as the county board may withdraw the timber from sale. The 28.24appraised value of the timber and the forestry practices to be followed in the cutting of 28.25said timber shall be approved by the commissioner of natural resources. 28.26    (b) Payment of the full sale price of all timber sold on tax-forfeited lands shall be 28.27made in cash at the time of the timber sale, except in the case of oral or sealed bid auction 28.28sales, the down payment shall be no less than 15 percent of the appraised value, and the 28.29balance shall be paid prior to entry. In the case of auction sales that are partitioned and 28.30sold as a single sale with predetermined cutting blocks, the down payment shall be no less 28.31than 15 percent of the appraised price of the entire timber sale which may be held until the 28.32satisfactory completion of the sale or applied in whole or in part to the final cutting block. 28.33The value of each separate block must be paid in full before any cutting may begin in that 28.34block. With the permission of the county contract administrator the purchaser may enter 28.35unpaid blocks and cut necessary timber incidental to developing logging roads as may 29.1be needed to log other blocks provided that no timber may be removed from an unpaid 29.2block until separately scaled and paid for. If payment is provided as specified in this 29.3paragraph as security under paragraph (a) and no cutting has taken place on the contract, 29.4the county auditor may credit the security provided, less any down payment required for 29.5an auction sale under this paragraph, to any other contract issued to the contract holder 29.6by the county under this chapter to which the contract holder requests in writing that it 29.7be credited, provided the request and transfer is made within the same calendar year as 29.8the security was received. 29.9    (c) The county board may require final settlement on the basis of a scale of cut 29.10products new text begin sell any timber, including biomass, as appraised or scaled new text end . Any parcels of land 29.11from which timber is to be sold by scale of cut products shall be so designated in the 29.12published notice of sale under paragraph (a), in which case the notice shall contain a 29.13description of the parcels, a statement of the estimated quantity of each species of timber, 29.14and the appraised price of each species of timber for 1,000 feet, per cord or per piece, as 29.15the case may be. In those cases any bids offered over and above the appraised prices shall 29.16be by percentage, the percent bid to be added to the appraised price of each of the different 29.17species of timber advertised on the land. The purchaser of timber from the parcels shall 29.18pay in cash at the time of sale at the rate bid for all of the timber shown in the notice of 29.19sale as estimated to be standing on the land, and in addition shall pay at the same rate for 29.20any additional amounts which the final scale shows to have been cut or was available for 29.21cutting on the land at the time of sale under the terms of the sale. Where the final scale 29.22of cut products shows that less timber was cut or was available for cutting under terms 29.23of the sale than was originally paid for, the excess payment shall be refunded from the 29.24forfeited tax sale fund upon the claim of the purchaser, to be audited and allowed by the 29.25county board as in case of other claims against the county. No timber, except hardwood 29.26pulpwood, may be removed from the parcels of land or other designated landings until 29.27scaled by a person or persons designated by the county board and approved by the 29.28commissioner of natural resources. Landings other than the parcel of land from which 29.29timber is cut may be designated for scaling by the county board by written agreement 29.30with the purchaser of the timber. The county board may, by written agreement with the 29.31purchaser and with a consumer designated by the purchaser when the timber is sold by the 29.32county auditor, and with the approval of the commissioner of natural resources, accept the 29.33consumer's scale of cut products delivered at the consumer's landing. No timber shall be 29.34removed until fully paid for in cash. Small amounts of timber not exceeding $3,000 in 29.35appraised valuation may be sold for not less than the full appraised value at private sale 29.36to individual persons without first publishing notice of sale or calling for bids, provided 30.1that in case of a sale involving a total appraised value of more than $200 the sale shall be 30.2made subject to final settlement on the basis of a scale of cut products in the manner above 30.3provided and not more than two of the sales, directly or indirectly to any individual shall 30.4be in effect at one time. 30.5    (d) As directed by the county board, the county auditor may lease tax-forfeited land 30.6to individuals, corporations or organized subdivisions of the state at public or private sale, 30.7and at the prices and under the terms as the county board may prescribe, for use as cottage 30.8and camp sites and for agricultural purposes and for the purpose of taking and removing of 30.9hay, stumpage, sand, gravel, clay, rock, marl, and black dirt from the land, and for garden 30.10sites and other temporary uses provided that no leases shall be for a period to exceed ten 30.11years; provided, further that any leases involving a consideration of more than $12,000 per 30.12year, except to an organized subdivision of the state shall first be offered at public sale in 30.13the manner provided herein for sale of timber. Upon the sale of any leased land, it shall 30.14remain subject to the lease for not to exceed one year from the beginning of the term of the 30.15lease. Any rent paid by the lessee for the portion of the term cut off by the cancellation 30.16shall be refunded from the forfeited tax sale fund upon the claim of the lessee, to be 30.17audited and allowed by the county board as in case of other claims against the county. 30.18    (e) As directed by the county board, the county auditor may lease tax-forfeited land 30.19to individuals, corporations, or organized subdivisions of the state at public or private sale, 30.20at the prices and under the terms as the county board may prescribe, for the purpose 30.21of taking and removing for use for road construction and other purposes tax-forfeited 30.22stockpiled iron-bearing material. The county auditor must determine that the material is 30.23needed and suitable for use in the construction or maintenance of a road, tailings basin, 30.24settling basin, dike, dam, bank fill, or other works on public or private property, and 30.25that the use would be in the best interests of the public. No lease shall exceed ten years. 30.26The use of a stockpile for these purposes must first be approved by the commissioner of 30.27natural resources. The request shall be deemed approved unless the requesting county 30.28is notified to the contrary by the commissioner of natural resources within six months 30.29after receipt of a request for approval for use of a stockpile. Once use of a stockpile has 30.30been approved, the county may continue to lease it for these purposes until approval is 30.31withdrawn by the commissioner of natural resources. 30.32    (f) The county auditor, with the approval of the county board is authorized to grant 30.33permits, licenses, and leases to tax-forfeited lands for the depositing of stripping, lean 30.34ores, tailings, or waste products from mines or ore milling plants, upon the conditions and 30.35for the consideration and for the period of time, not exceeding 15 years, as the county 31.1board may determine. The permits, licenses, or leases are subject to approval by the 31.2commissioner of natural resources. 31.3    (g) Any person who removes any timber from tax-forfeited land before said 31.4timber has been scaled and fully paid for as provided in this subdivision is guilty of a 31.5misdemeanor. 31.6    (h) The county auditor may, with the approval of the county board, and without first 31.7offering at public sale, grant leases, for a term not exceeding 25 years, for the removal 31.8of peat and for the production or removal of farm-grown closed-loop biomass as defined 31.9in section 216B.2424, subdivision 1, or short-rotation woody crops from tax-forfeited 31.10lands upon the terms and conditions as the county board may prescribe. Any lease for 31.11the removal of peat, farm-grown closed-loop biomass, or short-rotation woody crops 31.12from tax-forfeited lands must first be reviewed and approved by the commissioner of 31.13natural resources if the lease covers 320 or more acres. No lease for the removal of 31.14peat, farm-grown closed-loop biomass, or short-rotation woody crops shall be made by 31.15the county auditor pursuant to this section without first holding a public hearing on the 31.16auditor's intention to lease. One printed notice in a legal newspaper in the county at least 31.17ten days before the hearing, and posted notice in the courthouse at least 20 days before 31.18the hearing shall be given of the hearing. 31.19    (i) Notwithstanding any provision of paragraph (c) to the contrary, the St. Louis 31.20County auditor may, at the discretion of the county board, sell timber to the party who 31.21bids the highest price for all the several kinds of timber, as provided for sales by the 31.22commissioner of natural resources under section 90.14. Bids offered over and above the 31.23appraised price need not be applied proportionately to the appraised price of each of 31.24the different species of timber. 31.25    (j) In lieu of any payment or deposit required in paragraph (b), as directed by the 31.26county board and under terms set by the county board, the county auditor may accept an 31.27irrevocable bank letter of credit in the amount equal to the amount otherwise determined 31.28in paragraph (b). If an irrevocable bank letter of credit is provided under this paragraph, 31.29at the written request of the purchaser, the county may periodically allow the bank letter 31.30of credit to be reduced by an amount proportionate to the value of timber that has been 31.31harvested and for which the county has received payment. The remaining amount of 31.32the bank letter of credit after a reduction under this paragraph must not be less than 20 31.33percent of the value of the timber purchased. If an irrevocable bank letter of credit or 31.34cash deposit is provided for the down payment required in paragraph (b), and no cutting 31.35of timber has taken place on the contract for which a letter of credit has been provided, 31.36the county may allow the transfer of the letter of credit to any other contract issued to the 32.1contract holder by the county under this chapter to which the contract holder requests in 32.2writing that it be credited. 32.3    Sec. 68. Minnesota Statutes 2006, section 373.01, subdivision 1, is amended to read: 32.4    Subdivision 1. Public corporation; listed powers. (a) Each county is a body politic 32.5and corporate and may: 32.6    (1) Sue and be sued. 32.7    (2) Acquire and hold real and personal property for the use of the county, and lands 32.8sold for taxes as provided by law. 32.9    (3) Purchase and hold for the benefit of the county real estate sold by virtue of 32.10judicial proceedings, to which the county is a party. 32.11    (4) Sell, lease, and convey real or personal estate owned by the county, and give 32.12contracts or options to sell, lease, or convey it, and make orders respecting it as deemed 32.13conducive to the interests of the county's inhabitants. 32.14    (5) Make all contracts and do all other acts in relation to the property and concerns 32.15of the county necessary to the exercise of its corporate powers. 32.16    (b) No sale, lease, or conveyance of real estate owned by the county, except the lease 32.17of a residence acquired for the furtherance of an approved capital improvement project, nor 32.18any contract or option for it, shall be valid, without first advertising for bids or proposals in 32.19the official newspaper of the county for three consecutive weeks and once in a newspaper 32.20of general circulation in the area where the property is located. The notice shall state the 32.21time and place of considering the proposals, contain a legal description of any real estate, 32.22and a brief description of any personal property. Leases that do not exceed $15,000 for any 32.23one year may be negotiated and are not subject to the competitive bid procedures of this 32.24section. All proposals estimated to exceed $15,000 in any one year shall be considered at 32.25the time set for the bid opening, and the one most favorable to the county accepted, but the 32.26county board may, in the interest of the county, reject any or all proposals. 32.27    (c) Sales of personal property the value of which is estimated to be $15,000 or 32.28more shall be made only after advertising for bids or proposals in the county's official 32.29newspaper, on the county's Web site, or in a recognized industry trade journal. At the same 32.30time it posts on its Web site or publishes in a trade journal, the county must publish in the 32.31official newspaper, either as part of the minutes of a regular meeting of the county board 32.32or in a separate notice, a summary of all requests for bids or proposals that the county 32.33advertises on its Web site or in a trade journal. After publication in the official newspaper, 32.34on the Web site, or in a trade journal, bids or proposals may be solicited and accepted by 32.35the electronic selling process authorized in section 471.345, subdivision 17. Sales of 33.1personal property the value of which is estimated to be less than $15,000 may be made 33.2either on competitive bids or in the open market, in the discretion of the county board. 33.3"Web site" means a specific, addressable location provided on a server connected to the 33.4Internet and hosting World Wide Web pages and other files that are generally accessible 33.5on the Internet all or most of a day. 33.6    (d) Notwithstanding anything to the contrary herein, the county may, when acquiring 33.7real property for county highway right-of-way, exchange parcels of real property of 33.8substantially similar or equal value without advertising for bids. The estimated values for 33.9these parcels shall be determined by the county assessor. 33.10    (e) If real estate or personal property remains unsold after advertising for and 33.11consideration of bids or proposals the county may employ a broker to sell the property. 33.12The broker may sell the property for not less than 90 percent of its appraised market value 33.13as determined by the county. The broker's fee shall be set by agreement with the county but 33.14may not exceed ten percent of the sale price and must be paid from the proceeds of the sale. 33.15    (f) A county or its agent may rent a county-owned residence acquired for the 33.16furtherance of an approved capital improvement project subject to the conditions set 33.17by the county board and not subject to the conditions for lease otherwise provided by 33.18paragraph (a), clause (4), and paragraphs (b), (c), (d), (e), and (g). 33.19    (g) In no case shall lands be disposed of without there being reserved to the county 33.20all iron ore and other valuable minerals in and upon the lands, with right to explore for, 33.21mine and remove the iron ore and other valuable minerals, nor shall the minerals and 33.22mineral rights be disposed of, either before or after disposition of the surface rights, 33.23otherwise than by mining lease, in similar general form to that provided by section 93.20 33.24for mining leases affecting state lands. The lease shall be for a term not exceeding 50 33.25years, and be issued on a royalty basis, the royalty to be not less than 25 cents per ton of 33.262,240 pounds, and fix a minimum amount of royalty payable during each year, whether 33.27mineral is removed or not. Prospecting options for mining leases may be granted for 33.28periods not exceeding one year. The options shall require, among other things, periodical 33.29showings to the county board of the results of exploration work done. 33.30     new text begin (h) Notwithstanding anything in this subdivision to the contrary, the county may, new text end 33.31 new text begin when selling real property owned in fee simple that cannot be improved because of new text end 33.32 new text begin noncompliance with local ordinances regarding minimum area, shape, frontage, or access, new text end 33.33 new text begin proceed to sell the nonconforming parcel without advertising for bid. At the county's new text end 33.34 new text begin discretion, the real property may be restricted to sale to adjoining landowners or may be new text end 33.35 new text begin sold to any other interested party. The property shall be sold to the highest bidder, but new text end 33.36 new text begin in no case shall the property be sold for less than 90 percent of its fair market value as new text end 34.1 new text begin determined by the county assessor. All owners of land adjoining the land to be sold shall new text end 34.2 new text begin be given a written notice at least 30 days before the sale. This paragraph shall be liberally new text end 34.3 new text begin construed to encourage the sale of nonconforming real property and promote its return to new text end 34.4 new text begin the tax roles. new text end 34.5    Sec. 69. Minnesota Statutes 2006, section 473.1565, subdivision 1, is amended to read: 34.6    Subdivision 1. Planning activities. (a) The Metropolitan Council must carry out 34.7planning activities addressing the water supply needs of the metropolitan area as defined 34.8in section 473.121, subdivision 2. The planning activities must include, at a minimum: 34.9    (1) development and maintenance of a base of technical information needed for 34.10sound water supply decisions including surface and groundwater availability analyses, 34.11water demand projections, water withdrawal and use impact analyses, modeling, and 34.12similar studies; 34.13    (2) development and periodic update of a metropolitan area master water supply 34.14plan new text begin , prepared in cooperation with and subject to the approval of the commissioner new text end 34.15 new text begin of natural resources, new text end that: 34.16    (i) provides guidance for local water supply systems and future regional investments; 34.17    (ii) emphasizes conservation, interjurisdictional cooperation, and long-term 34.18sustainability; and 34.19    (iii) addresses the reliability, security, and cost-effectiveness of the metropolitan area 34.20water supply system and its local and subregional components; 34.21    (3) recommendations for clarifying the appropriate roles and responsibilities of 34.22local, regional, and state government in metropolitan area water supply; 34.23    (4) recommendations for streamlining and consolidating metropolitan area water 34.24supply decision-making and approval processes; and 34.25    (5) recommendations for the ongoing and long-term funding of metropolitan area 34.26water supply planning activities and capital investments. 34.27    (b) The council must carry out the planning activities in this subdivision in 34.28consultation with the Metropolitan Area Water Supply Advisory Committee established in 34.29subdivision 2. 34.30    Sec. 70. Minnesota Statutes 2006, section 473.859, subdivision 3, is amended to read: 34.31    Subd. 3. Public facilities plan. A public facilities plan shall describe the character, 34.32location, timing, sequence, function, use and capacity of existing and future public 34.33facilities of the local governmental unit. A public facilities plan must be in at least such 34.34detail as may be necessary to establish existing or potential effects on or departures from 35.1metropolitan system plans and to protect metropolitan system plans. A public facilities 35.2plan shall contain at least the following parts: 35.3    (1) a transportation plan describing, designating and scheduling the location, extent, 35.4function and capacity of existing and proposed local public and private transportation 35.5services and facilities; 35.6    (2) a sewer policy plan describing, designating and scheduling the areas to be 35.7sewered by the public system, the existing and planned capacities of the public system, the 35.8standards and conditions under which the installation of private sewer systems will be 35.9permitted, and to the extent practicable, the areas not suitable for public or private systems 35.10because of public health, safety and welfare considerations; 35.11    (3) a parks and open space plan describing, designating and scheduling the existing 35.12and proposed parks and recreation open spaces within the jurisdiction; and 35.13    (4) a water supply plan including: new text begin as described in section 103G.291, subdivision 3. new text end 35.14    (i) a description of the existing water supply system, including the source of water, 35.15well and treatment plant locations, and major supply lines; an inventory of commercial 35.16and industrial users; an indication of the community's intent to make future changes 35.17or additions to the system, including projections for population and industrial and 35.18commercial use and the methods by which this growth will be served; 35.19    (ii) a statement of the community's objectives, policies, and standards for operating 35.20the water supply system; 35.21    (iii) a conservation program that contains the goals of the program, demand and 35.22supply conservation techniques to be used, an evaluation of pricing methods that could be 35.23used to reduce demand, the conditions under which conservation actions would occur, 35.24a process for reducing nonessential uses according to the priority system under section 35.25, and the education program that will be used to inform the public of the need to 35.26conserve and the methods available to achieve conservation; 35.27    (iv) an emergency preparedness or contingency plan, as described in section 35.28103G.291, subdivision 3; 35.29    (v) an indication of the possibility for joint efforts with neighboring communities or 35.30other public entities for sharing water sources and treatment, interconnection for routine or 35.31emergency supply, pursuit of alternative supplies, and water source protection; 35.32    (vi) a statement of the water supply problems that the community experiences or 35.33expects to experience and any proposed solutions, especially those that would impact 35.34other communities or the region; and 35.35    (vii) a wellhead protection plan prepared in accordance with rules adopted by the 35.36commissioner of health under section 103I.101, subdivision 5, clause (9). 36.1    Sec. 71. Laws 2006, chapter 236, article 1, section 21, is amended to read: 36.2    Sec. 21. EXCHANGE OF TAX-FORFEITED LAND; PRIVATE SALE; 36.3ITASCA COUNTY. 36.4    (a) For the purpose of a land exchange for use in connection with a proposed 36.5steel mill in Itasca County referenced in Laws 1999, chapter 240, article 1, section 8, 36.6subdivision 3, title examination and approval of the land described in paragraph (b) 36.7shall be undertaken as a condition of exchange of the land for class B land, and shall be 36.8governed by Minnesota Statutes, section 94.344, subdivisions 9 and 10, and the provisions 36.9of this section. Notwithstanding the evidence of title requirements in Minnesota Statutes, 36.10section 94.344, subdivisions 9 and 10, the county attorney shall examine one or more title 36.11reports or title insurance commitments prepared or underwritten by a title insurer licensed 36.12to conduct title insurance business in this state, regardless of whether abstracts were 36.13created or updated in the preparation of the title reports or commitments. The opinion of 36.14the county attorney, and approval by the attorney general, shall be based on those title 36.15reports or commitments. 36.16    (b) The land subject to this section is located in Itasca County and is described as: 36.17    (1) Sections 3, 4, 7, 10, 14, 15, 16, 17, 18, 20, 21, 22, 23, 26, 28, and 29, Township 36.1856 North, Range 22 West; 36.19    (2) Sections 3, 4, 9, 10, 13, and 14, Township 56 North, Range 23 West; 36.20    (3) Section 30, Township 57 North, Range 22 West; and 36.21    (4) Sections 25, 26, 34, 35, and 36, Township 57 North, Range 23 West. 36.22    (c) Riparian land given in exchange by Itasca County for the purpose of the steel 36.23mill referenced in paragraph (a), is exempt from the restrictions imposed by Minnesota 36.24Statutes, section 94.342, subdivision 3. 36.25    (d) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, 36.26and the public sale provisions of Minnesota Statutes, chapter 282, Itasca County may sell, 36.27by private sale, any land received in exchange for the purpose of the steel mill referenced 36.28in paragraph (a), under the remaining provisions of Minnesota Statutes, chapter 282. The 36.29sale must be in a form approved by the attorney general. 36.30     new text begin (e) Notwithstanding Minnesota Statutes, section 284.28, subdivision 8, or any other new text end 36.31 new text begin law to the contrary, land acquired through an exchange under this section is exempt from new text end 36.32 new text begin payment of three percent of the sales price required to be collected by the county auditor new text end 36.33 new text begin at the time of sale for deposit in the state treasury. new text end 36.34    Sec. 72. new text begin ADDITIONS TO STATE PARKS. new text end 37.1     new text begin Subdivision 1. new text end new text begin [85.012] [Subd. 16.] Flandrau State Park, Brown County. new text end new text begin The new text end 37.2 new text begin following area is added to Flandrau State Park, Brown County: that part of Lot 2, Block new text end 37.3 new text begin One, Conklin Addition in the city of New Ulm, Brown County, Minnesota, according to the new text end 37.4 new text begin plat of record in the Office of the County Recorder, Brown County, Minnesota, described new text end 37.5 new text begin as follows: beginning at the southerly most corner of Lot 2, Block One, Conklin Addition new text end 37.6 new text begin in the city of New Ulm, Brown County, Minnesota; thence North 55 degrees 29 minutes new text end 37.7 new text begin 26 seconds East (assumed bearing) along the southeasterly line of said Lot 2 a distance of new text end 37.8 new text begin 107.92 feet; thence South 60 degrees 45 minutes 57 seconds West a distance of 102.48 feet new text end 37.9 new text begin to the westerly line of Lot 2; thence South 02 degrees 33 minutes 23 seconds East along new text end 37.10 new text begin said westerly line of Lot 2 a distance of 11.10 feet to the point of beginning; containing new text end 37.11 new text begin 508 square feet, more or less, and subject to easements of record in said County and State. new text end 37.12     new text begin Subd. 2. new text end new text begin [85.012] [Subd. 59.] Whitewater State Park, Winona County. new text end new text begin The new text end 37.13 new text begin following area is added to Whitewater State Park, Winona County: that part of the new text end 37.14 new text begin Southeast Quarter of Section 18, Township 107 North, Range 10 West, Winona County, new text end 37.15 new text begin Minnesota, described as follows: commencing at the southwest corner of the Northwest new text end 37.16 new text begin Quarter of Section 17, Township 107 North, Range 10 West; thence on an assumed new text end 37.17 new text begin bearing of South 89 degrees 26 minutes 39 seconds East along the south line of said new text end 37.18 new text begin Northwest Quarter, 303.04 feet; thence continue South 89 degrees 26 minutes 39 seconds new text end 37.19 new text begin East along said south line 1327.79 feet; thence South 00 degrees 33 minutes 21 seconds new text end 37.20 new text begin West, 300.00 feet; thence North 89 degrees 26 minutes 39 seconds West parallel with said new text end 37.21 new text begin south line, 1027.83 feet; thence South 00 degrees 33 minutes 21 seconds West, 300.00 new text end 37.22 new text begin feet; thence North 89 degrees 26 minutes 39 seconds West parallel with said south line, new text end 37.23 new text begin 597 feet, more or less, to the intersection with the east line of the Southeast Quarter of said new text end 37.24 new text begin Section 18 being also the POINT OF BEGINNING; thence North 89 degrees 26 minutes new text end 37.25 new text begin 39 seconds West parallel with said south line, 330 feet, more or less, to the centerline of a new text end 37.26 new text begin township road; thence North 16 degrees 01 minutes 55 seconds West along said centerline, new text end 37.27 new text begin 170.44 feet; thence northwesterly along said centerline on a tangential curve concave new text end 37.28 new text begin southwesterly, having a central angle of 10 degrees 57 minutes 52 seconds, radius of new text end 37.29 new text begin 2426.00 feet, for an arc length of 464.25 feet to the north line of said Southeast Quarter of new text end 37.30 new text begin Section 18; thence North 89 degrees 48 minutes 48 seconds East along the north line of new text end 37.31 new text begin said Southeast Quarter, 547.06 feet to the southwest corner of said Northwest Quarter; new text end 37.32 new text begin thence South 00 degrees East, a distance of 600 feet, more or less, along the said east line new text end 37.33 new text begin to the POINT OF BEGINNING. Containing 5.78 acres, more or less. new text end 37.34    Sec. 73. new text begin DELETIONS FROM STATE PARKS. new text end 38.1     new text begin [85.012] [Subd. 16.] Flandrau State Park, Brown County. new text end new text begin The following area is new text end 38.2 new text begin deleted from Flandrau State Park, Brown County: that part of Outlot 293 in the city of new text end 38.3 new text begin New Ulm, according to the Plat of the City of New Ulm, of record in the Office of the new text end 38.4 new text begin County Recorder, Brown County, Minnesota, described as follows: commencing at the new text end 38.5 new text begin southerly most corner of Lot 2, Block One, Conklin Addition in the city of New Ulm, new text end 38.6 new text begin Brown County, Minnesota; thence North 55 degrees 29 minutes 26 seconds East (assumed new text end 38.7 new text begin bearing), along the southeasterly line of said Lot 2, a distance of 107.92 feet to the point of new text end 38.8 new text begin beginning; thence continuing North 55 degrees 29 minutes 26 seconds East, along said new text end 38.9 new text begin southerly line of Lot 2, a distance of 80.95 feet, to the easterly most corner of said Lot 2; new text end 38.10 new text begin thence South 19 degrees 33 minutes 58 seconds East, along the southeasterly prolongation new text end 38.11 new text begin of the easterly line of said Lot 2, a distance of 10.0 feet; thence South 62 degrees 31 new text end 38.12 new text begin minutes 07 seconds West, 78.97 feet to the point of beginning, containing 391 square feet, new text end 38.13 new text begin more or less, and subject to easement of record in said county and state. new text end 38.14    Sec. 74. new text begin PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC new text end 38.15 new text begin WATER; AITKIN COUNTY. new text end 38.16     new text begin (a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural new text end 38.17 new text begin resources may sell by public sale the surplus land bordering public water that is described new text end 38.18 new text begin in paragraph (c). new text end 38.19     new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 38.20 new text begin attorney general may make necessary changes to the legal description to correct errors new text end 38.21 new text begin and ensure accuracy. new text end 38.22     new text begin (c) The land that may be sold is located in Aitkin County and is described as follows: new text end 38.23     new text begin (1) Government Lot 3, Section 24, Township 50 North, Range 25 West, containing new text end 38.24 new text begin 5.8 acres, more or less; and new text end 38.25     new text begin (2) Government Lot 4, Section 24, Township 50 North, Range 25 West, containing new text end 38.26 new text begin 0.9 acres, more or less. new text end 38.27     new text begin (d) The land borders the Willow River and is not contiguous to other state lands. new text end 38.28 new text begin The Department of Natural Resources has determined that the land is not needed for new text end 38.29 new text begin natural resource purposes. new text end 38.30    Sec. 75. new text begin PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC new text end 38.31 new text begin WATER; AITKIN COUNTY. new text end 38.32     new text begin (a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural new text end 38.33 new text begin resources may sell by public sale the surplus land bordering public water that is described new text end 38.34 new text begin in paragraph (c). new text end 39.1     new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 39.2 new text begin attorney general may make necessary changes to the legal description to correct errors new text end 39.3 new text begin and ensure accuracy. new text end 39.4     new text begin (c) The land that may be sold is located in Aitkin County and is described as new text end 39.5 new text begin follows: Government Lot 2, Section 8, Township 48 North, Range 25 West, containing new text end 39.6 new text begin 34.6 acres, more or less. new text end 39.7     new text begin (d) The land borders Gun Lake. The Department of Natural Resources has new text end 39.8 new text begin determined that school trust management interests would best be served if the land was new text end 39.9 new text begin sold. new text end 39.10    Sec. 76. new text begin PUBLIC SALE OF CONSOLIDATED CONSERVATION LAND new text end 39.11 new text begin BORDERING PUBLIC WATER; AITKIN COUNTY. new text end 39.12     new text begin (a) Notwithstanding Minnesota Statutes, section 92.45, and the classification new text end 39.13 new text begin provisions of Minnesota Statutes, chapters 84A and 282, Aitkin County may sell by new text end 39.14 new text begin public sale the consolidated conservation land bordering public water that is described in new text end 39.15 new text begin paragraph (c). new text end 39.16     new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 39.17 new text begin attorney general may make necessary changes to the legal description to correct errors new text end 39.18 new text begin and ensure accuracy. new text end 39.19     new text begin (c) The land that may be sold is located in Aitkin County and is described as new text end 39.20 new text begin follows: Government Lot 1, Section 7, Township 47 North, Range 26 West, containing new text end 39.21 new text begin 1.25 acres, more or less. new text end 39.22     new text begin (d) The land borders the Mississippi River and is not contiguous to other state lands. new text end 39.23 new text begin The Department of Natural Resources has determined that the land is not needed for new text end 39.24 new text begin natural resource purposes. new text end 39.25    Sec. 77. new text begin PRIVATE SALE OF CONSOLIDATED CONSERVATION LAND; new text end 39.26 new text begin AITKIN COUNTY. new text end 39.27     new text begin (a) Notwithstanding the classification and public sale provisions of Minnesota new text end 39.28 new text begin Statutes, chapters 84A and 282, the commissioner of natural resources may sell by private new text end 39.29 new text begin sale the consolidated conservation land that is described in paragraph (c). new text end 39.30     new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 39.31 new text begin attorney general may make necessary changes to the legal description to correct errors new text end 39.32 new text begin and ensure accuracy. The consideration for the conveyance must be for no less than the new text end 39.33 new text begin appraised value of the land and timber and survey costs. Proceeds shall be disposed of new text end 39.34 new text begin according to Minnesota Statutes, chapter 84A. new text end 40.1     new text begin (c) The land that may be sold is located in Aitkin County and is described as follows: new text end 40.2 new text begin the North 370 feet of the East 590 feet of the Southeast Quarter of the Northeast Quarter, new text end 40.3 new text begin Section 24, Township 48 North, Range 24 West, containing 5.0 acres, more or less. new text end 40.4     new text begin (d) The land will be sold "as is" to the current leaseholder who will assume new text end 40.5 new text begin responsibility for any site cleanup needed due to the use of the land for a concrete plant by new text end 40.6 new text begin the previous leaseholder. The Department of Natural Resources has determined that the new text end 40.7 new text begin land is not needed for natural resource purposes. new text end 40.8    Sec. 78. new text begin PUBLIC SALE OF CONSOLIDATED CONSERVATION LAND; new text end 40.9 new text begin AITKIN COUNTY. new text end 40.10     new text begin (a) Notwithstanding the classification provisions of Minnesota Statutes, chapters new text end 40.11 new text begin 84A and 282, Aitkin County may sell by public sale the consolidated conservation land new text end 40.12 new text begin that is described in paragraph (c). new text end 40.13     new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 40.14 new text begin attorney general may make necessary changes to the legal description to correct errors new text end 40.15 new text begin and ensure accuracy. new text end 40.16     new text begin (c) The land that may be sold is located in Aitkin County and is described as follows: new text end 40.17 new text begin the Northeast Quarter of the Northeast Quarter, Section 21, Township 47 North, Range 26 new text end 40.18 new text begin West, containing 40 acres, more or less. new text end 40.19     new text begin (d) The land is not contiguous to other state lands. The Department of Natural new text end 40.20 new text begin Resources has determined that the land is not needed for natural resource purposes. new text end 40.21    Sec. 79. new text begin CONVEYANCE OF SURPLUS STATE LAND BORDERING PUBLIC new text end 40.22 new text begin WATER; BELTRAMI COUNTY. new text end 40.23     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the new text end 40.24 new text begin commissioner of natural resources may convey to a governmental subdivision of the state new text end 40.25 new text begin for no payment the surplus land bordering public water that is described in paragraph (c). new text end 40.26     new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 40.27 new text begin attorney general may make necessary changes to the legal description to correct errors new text end 40.28 new text begin and ensure accuracy. The conveyance must provide that the land described in paragraph new text end 40.29 new text begin (c) be used for the public and reverts to the state if the governmental subdivision fails to new text end 40.30 new text begin provide for public use or abandons the public use of the land. new text end 40.31     new text begin (c) The land that may be conveyed is located in Beltrami County and is described as new text end 40.32 new text begin follows: that part of Government Lot 3, Section 4, Township 146 North, Range 34 West, new text end 40.33 new text begin described as follows: starting from meander corner number 4, which is located on the new text end 40.34 new text begin north section line of Section 4, Township 146 North, Range 34 West, 1518.0 feet in an new text end 41.1 new text begin easterly direction from the northwest corner of said section; thence South 16 degrees 17 new text end 41.2 new text begin minutes East a distance of 131.6 feet; thence South 46 degrees 35 minutes East a distance new text end 41.3 new text begin of 206.8 feet; thence South 6 degrees 37 minutes East a distance of 89.4 feet; thence South new text end 41.4 new text begin 14 degrees 32 minutes East a distance of 139.0 feet; thence South 10 degrees 34 minutes new text end 41.5 new text begin West a distance of 221.5 feet; thence South 83 degrees 46 minutes West a distance of new text end 41.6 new text begin 178.5 feet to the starting point; thence South 47 degrees 15 minutes West a distance of new text end 41.7 new text begin 275.0 feet; thence South 38 degrees 53 minutes East a distance of 285.7 feet; thence North new text end 41.8 new text begin 61 degrees 27 minutes East a distance of 122.0 feet; thence North 73 degrees 47 minutes new text end 41.9 new text begin East a distance of 300.0 feet; thence North 12 degrees 40 minutes West a distance of 37.6 new text end 41.10 new text begin feet; thence North 20 degrees 30 minutes West a distance of 113.5 feet; thence North 51 new text end 41.11 new text begin degrees 15 minutes West a distance of 320.7 feet; thence South 38 degrees 15 minutes new text end 41.12 new text begin West a distance of 116.8 feet to the starting point, containing 3.5 acres, more or less. new text end 41.13     new text begin (d) The land borders Grant Lake and is not contiguous to other state lands. The land new text end 41.14 new text begin was donated to the state for use as a public campground and is used by local residents new text end 41.15 new text begin as a day-use park. The Department of Natural Resources has determined that the state's new text end 41.16 new text begin land management interests would best be served if the land were conveyed to a local new text end 41.17 new text begin unit of government. new text end 41.18    Sec. 80. new text begin PRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC new text end 41.19 new text begin WATER; CASS COUNTY. new text end 41.20     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the new text end 41.21 new text begin commissioner of natural resources may sell by private sale the surplus land bordering new text end 41.22 new text begin public water that is described in paragraph (c). new text end 41.23     new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 41.24 new text begin attorney general may make necessary changes to the legal description to correct errors and new text end 41.25 new text begin ensure accuracy. The commissioner may sell the land to the Leech Lake Band of Ojibwe new text end 41.26 new text begin for less than the value of the land as determined by the commissioner, but the conveyance new text end 41.27 new text begin must provide that the land be used for the public and reverts to the state if the band fails new text end 41.28 new text begin to provide for public use or abandons the public use of the land. The commissioner new text end 41.29 new text begin may include conservation restrictions in the conveyance deed to ensure the property is new text end 41.30 new text begin maintained as open space. new text end 41.31     new text begin (c) The land that may be sold is located in Cass County and is described as follows: new text end 41.32     new text begin (1) Government Lot 3, Section 14, Township 142 North, Range 29 West, containing new text end 41.33 new text begin 35.54 acres, more or less; and new text end 41.34     new text begin (2) Government Lot 6, Section 14, Township 142 North, Range 29 West, containing new text end 41.35 new text begin 2.06 acres, more or less. new text end 42.1     new text begin (d) The land is located on Bear Island in Leech Lake and is not contiguous to other new text end 42.2 new text begin state lands. The Department of Natural Resources has determined that the land is not new text end 42.3 new text begin needed for natural resource purposes. new text end 42.4    Sec. 81. new text begin PRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC new text end 42.5 new text begin WATER; CASS COUNTY. new text end 42.6     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the new text end 42.7 new text begin commissioner of natural resources may sell by private sale the surplus land bordering new text end 42.8 new text begin public water that is described in paragraph (c). new text end 42.9     new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 42.10 new text begin attorney general may make necessary changes to the legal description to correct errors new text end 42.11 new text begin and ensure accuracy. new text end 42.12     new text begin (c) The land that may be sold is located in Cass County and is described as follows: new text end 42.13 new text begin that part of Government Lot 7, Section 28, Township 142 North, Range 26 West, described new text end 42.14 new text begin as follows: commencing at the south quarter corner of said Section 28, from which the new text end 42.15 new text begin southwest corner of said Section 28 bears, based on the Cass County Coordinate System of new text end 42.16 new text begin NAD 1983, South 89 degrees 44 minutes 53 seconds West, 2775.06 feet; thence North 52 new text end 42.17 new text begin degrees 48 minutes 53 seconds West, 1326.13 feet to the southeast corner of that particular new text end 42.18 new text begin tract of land conveyed to the state of Minnesota and filed for record on November 9, 1961, new text end 42.19 new text begin in Book 121 of Deeds, Page 598, and to a railroad spike on the centerline of County new text end 42.20 new text begin State-Aid Highway 4; thence North 52 degrees 12 minutes 27 seconds West, 221.06 new text end 42.21 new text begin feet along the southwesterly line of said particular tract of land conveyed to the state of new text end 42.22 new text begin Minnesota and the centerline of County State-Aid Highway 4 to a spike; thence North new text end 42.23 new text begin 51 degrees 01 minutes 41 seconds West, 111.72 feet along the southwesterly line of said new text end 42.24 new text begin particular tract of land conveyed to the state of Minnesota and the centerline of County new text end 42.25 new text begin State-Aid Highway 4 to a mag nail and the point of beginning of the land to be described; new text end 42.26 new text begin thence continuing North 51 degrees 01 minutes 41 seconds West, 41.42 feet along the new text end 42.27 new text begin southwesterly line of said particular tract of land conveyed to the state of Minnesota and new text end 42.28 new text begin the centerline of County State-Aid Highway 4 to a mag nail; thence North 13 degrees 19 new text end 42.29 new text begin minutes 36 seconds East, 144.63 feet to a 3/4" x 24" rebar with plastic cap stamped "MN new text end 42.30 new text begin DNR LS 17005" (DNR MON); thence continuing North 13 degrees 19 minutes 36 seconds new text end 42.31 new text begin East, 5 feet, more or less, to the water's edge of Little Sand Lake; thence southeasterly, a new text end 42.32 new text begin distance of 50 feet, more or less, along said water's edge to a line which bears North 13 new text end 42.33 new text begin degrees 19 minutes 36 seconds East from the point of beginning; thence South 13 degrees new text end 42.34 new text begin 19 minutes 36 seconds West, 5 feet, more or less, to a DNR MON, thence continuing new text end 43.1 new text begin South 13 degrees 19 minutes 36 seconds West, 129.22 feet to the point of beginning and new text end 43.2 new text begin there terminating. Containing 0.12 acres, more or less, subject to existing road easements. new text end 43.3     new text begin (d) The land is located on Little Sand Lake. The sale will be to the adjoining new text end 43.4 new text begin landowner in conjunction with an acquisition to resolve an unintentional trespass by the new text end 43.5 new text begin state which occurred when the Department of Natural Resources constructed a water new text end 43.6 new text begin access site. new text end 43.7    Sec. 82. new text begin PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC new text end 43.8 new text begin WATER; COOK COUNTY. new text end 43.9     new text begin (a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural new text end 43.10 new text begin resources may sell by public sale the surplus land bordering public water that is described new text end 43.11 new text begin in paragraph (c). new text end 43.12     new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 43.13 new text begin attorney general may make necessary changes to the legal description to correct errors new text end 43.14 new text begin and ensure accuracy. new text end 43.15     new text begin (c) The land that may be sold is located in Cook County and is described as follows: new text end 43.16 new text begin the Northwest Quarter of the Northeast Quarter, Section 33, Township 63 North, Range new text end 43.17 new text begin 3 East, containing 40 acres, more or less. new text end 43.18     new text begin (d) The land borders Mons Creek and was acquired in a land exchange in 2003. The new text end 43.19 new text begin Department of Natural Resources has determined that school trust management interests new text end 43.20 new text begin would best be served if the land was sold. new text end 43.21    Sec. 83. new text begin PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC new text end 43.22 new text begin WATER; COOK COUNTY. new text end 43.23     new text begin (a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural new text end 43.24 new text begin resources may sell by public sale the surplus land bordering public water that is described new text end 43.25 new text begin in paragraph (c). new text end 43.26     new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 43.27 new text begin attorney general may make necessary changes to the legal description to correct errors new text end 43.28 new text begin and ensure accuracy. new text end 43.29     new text begin (c) The land that may be sold is located in Cook County and is described as follows: new text end 43.30     new text begin (1) Outlot A & Caribou Backlot, Cook County. Outlot A of White Sky, according to new text end 43.31 new text begin the plat on file and of record in the Office of the Recorder for Cook County, Minnesota, new text end 43.32 new text begin containing 0.74 acres, more or less; and new text end 43.33     new text begin (2) that part of Government Lot 4, Section 2, Township 60 North, Range 3 West, new text end 43.34 new text begin lying northerly of Cook County Road 4, southerly of the plat of White Sky, and westerly new text end 44.1 new text begin of Lot 1, Block 1 of White Sky First Addition, according to the plats on file and of record new text end 44.2 new text begin in the Office of the Recorder for Cook County, containing 1.02 acres, more or less. new text end 44.3     new text begin (d) The land borders Caribou Lake. The Department of Natural Resources has new text end 44.4 new text begin determined that school trust management interests would best be served if the lands were new text end 44.5 new text begin sold. new text end 44.6    Sec. 84. new text begin PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC new text end 44.7 new text begin WATER; COOK COUNTY. new text end 44.8     new text begin (a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural new text end 44.9 new text begin resources may sell by public sale the surplus land bordering public water that is described new text end 44.10 new text begin in paragraph (c). new text end 44.11     new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 44.12 new text begin attorney general may make necessary changes to the legal description to correct errors new text end 44.13 new text begin and ensure accuracy. new text end 44.14     new text begin (c) The land that may be sold is located in Cook County and is described as follows: new text end 44.15 new text begin that part of Government Lot 10, Section 35, Township 65 North, Range 1 West, more fully new text end 44.16 new text begin described as follows: being the easterly 863.9 feet of Government Lot 10, EXCEPT the new text end 44.17 new text begin southerly 40.3 feet thereof. The west and south boundary lines being perpendicular to new text end 44.18 new text begin and parallel with the south boundary of Government Lot 10, respectively. Containing new text end 44.19 new text begin 3.3 acres, more or less. new text end 44.20     new text begin (d) The land borders West Bearskin Lake, was acquired in a land exchange in new text end 44.21 new text begin 2000, and is not contiguous to other state lands. The Department of Natural Resources new text end 44.22 new text begin has determined that school trust management interests would best be served if the land new text end 44.23 new text begin was sold. new text end 44.24    Sec. 85. new text begin PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC new text end 44.25 new text begin WATER; CROW WING COUNTY. new text end 44.26     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, new text end 44.27 new text begin and the public sale provisions of Minnesota Statutes, chapter 282, Crow Wing County new text end 44.28 new text begin may sell by private sale the tax-forfeited land bordering public water that is described in new text end 44.29 new text begin paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282. new text end 44.30     new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 44.31 new text begin attorney general may make changes to the land description to correct errors and ensure new text end 44.32 new text begin accuracy. Prior to the sale, the commissioner of revenue shall grant a permanent new text end 44.33 new text begin conservation easement according to Minnesota Statutes, section 282.37, to protect aquatic new text end 45.1 new text begin habitat. The easement must be approved by the Crow Wing County Board and the new text end 45.2 new text begin commissioner of natural resources. new text end 45.3     new text begin (c) The land to be sold is located in Crow Wing County and is described as: new text end 45.4 new text begin Government Lot 1, Section 26, Township 138 North, Range 27 West, city of Fifty Lakes. new text end 45.5     new text begin (d) The county has determined that the county's land management interests would new text end 45.6 new text begin best be served if the land was returned to private ownership. new text end 45.7    Sec. 86. new text begin PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC new text end 45.8 new text begin WATER; CROW WING COUNTY. new text end 45.9     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, new text end 45.10 new text begin and the public sale provisions of Minnesota Statutes, chapter 282, Crow Wing County may new text end 45.11 new text begin sell to the city of Crosby the tax-forfeited land bordering public water that is described in new text end 45.12 new text begin paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282. new text end 45.13     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 45.14 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 45.15     new text begin (c) The land to be sold is located in Crow Wing County and is described as: new text end 45.16     new text begin Of a tract of land lying south of the herein described line and being out of and new text end 45.17 new text begin part of the Southeast Quarter of the Northwest Quarter, Section 11, Township 46 North, new text end 45.18 new text begin Range 29 West, except part to the city of Crosby, Crow Wing County, Minnesota, said line new text end 45.19 new text begin described as follows: Commencing at the center of Section 11, thence South 88 degrees new text end 45.20 new text begin 59 minutes 19 seconds West, coincident with the south line of said Southeast Quarter of new text end 45.21 new text begin the Northwest Quarter, 1291.01 feet to the southwest corner of said Southeast Quarter of new text end 45.22 new text begin the Northwest Quarter; thence North 02 degrees 09 minutes 21 seconds East, coincident new text end 45.23 new text begin with the west line of said Southeast Quarter of the Northwest Quarter, 531.93 feet to the new text end 45.24 new text begin point of beginning of the line herein described; thence through and across said Southeast new text end 45.25 new text begin Quarter of the Northwest Quarter of the following 21 courses and distances: new text end 45.26     new text begin (1) South 71 degrees 26 minutes 55 seconds East, 27.36 feet; new text end 45.27     new text begin (2) South 33 degrees 07 minutes 48 seconds East, 34.76 feet; new text end 45.28     new text begin (3) South 87 degrees 03 minutes 06 seconds East, 64.17 feet; new text end 45.29     new text begin (4) South 61 degrees 33 minutes 20 seconds East, 45.74 feet; new text end 45.30     new text begin (5) South 72 degrees 07 minutes 59 seconds East, 112.59 feet; new text end 45.31     new text begin (6) South 77 degrees 44 minutes 53 seconds East, 56.34 feet; new text end 45.32     new text begin (7) North 70 degrees 49 minutes 46 seconds East, 83.42 feet; new text end 45.33     new text begin (8) South 76 degrees 32 minutes 31 seconds East, 94.57 feet; new text end 45.34     new text begin (9) North 80 degrees 41 minutes 54 seconds East, 33.03 feet; new text end 45.35     new text begin (10) North 83 degrees 09 minutes 05 seconds East, 41.90 feet; new text end 46.1     new text begin (11) North 68 degrees 51 minutes 01 seconds East, 175.87 feet; new text end 46.2     new text begin (12) South 58 degrees 17 minutes 34 seconds East, 54.35 feet; new text end 46.3     new text begin (13) South 80 degrees 01 minutes 47 seconds East, 43.42 feet; new text end 46.4     new text begin (14) North 36 degrees 43 minutes 03 seconds East, 84.81 feet; new text end 46.5     new text begin (15) North 60 degrees 06 minutes 12 seconds East, 57.47 feet; new text end 46.6     new text begin (16) South 83 degrees 31 minutes 42 seconds East, 90.21 feet; new text end 46.7     new text begin (17) North 73 degrees 59 minutes 37 seconds East, 57.44 feet; new text end 46.8     new text begin (18) South 65 degrees 21 minutes 29 seconds East, 81.38 feet; new text end 46.9     new text begin (19) North 86 degrees 47 minutes 22 seconds East, 75.46 feet; new text end 46.10     new text begin (20) North 47 degrees 10 minutes 02 seconds East, 52.07 feet; and new text end 46.11     new text begin (21) North 63 degrees 13 minutes 46 seconds East, 48.20 feet new text end 46.12 new text begin to the point of termination from which the point of commencing bears South 01 degrees new text end 46.13 new text begin 27 minutes 31 seconds West, 572.34 feet. new text end 46.14     new text begin (d) The county has determined that the county's land management interests would new text end 46.15 new text begin best be served if the land was sold to the city of Crosby. new text end 46.16    Sec. 87. new text begin CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC new text end 46.17 new text begin WATER; DAKOTA COUNTY. new text end 46.18     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45, 103F.535, and 282.018, new text end 46.19 new text begin subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, new text end 46.20 new text begin Dakota County may sell or convey to the township of Ravenna for no consideration the new text end 46.21 new text begin tax-forfeited land bordering public water that is described in paragraph (c). new text end 46.22     new text begin (b) The conveyance must be in a form approved by the attorney general and provide new text end 46.23 new text begin that the land reverts to the state if the township of Ravenna stops using the land for the new text end 46.24 new text begin public purpose described in paragraph (d). The conveyance is subject to restrictions new text end 46.25 new text begin imposed by the commissioner of natural resources. The attorney general may make new text end 46.26 new text begin changes to the land description to correct errors and ensure accuracy. new text end 46.27     new text begin (c) The land to be conveyed is located in Dakota County and is described as: new text end 46.28 new text begin Unplatted, Section 21, Township 114, Range 16, Southeast Quarter of the Southwest new text end 46.29 new text begin Quarter, less various tracts, except West 870 feet of South 729.29 feet, except part of new text end 46.30 new text begin North 594 feet lying west of Ravenna Trail, except South 480 feet lying east of West 870 new text end 46.31 new text begin feet, except beginning at the northwest corner of the Southeast Quarter of the Southwest new text end 46.32 new text begin Quarter East 22R South 20R southwest to point on west line 22R South of beginning North new text end 46.33 new text begin 22R to beginning, except parcels 33-02100-030-53, 33-02100-040-53, 33-02100-050-53, new text end 46.34 new text begin 33-02100-060-53, and 33-02100-080-53. (Dakota County tax identification number new text end 46.35 new text begin 33-02100-018-54). new text end 47.1     new text begin (d) The county has determined that the land is needed by the township of Ravenna new text end 47.2 new text begin for drainage and access to culverts. new text end 47.3    Sec. 88. new text begin PRIVATE SALE OF SURPLUS STATE LAND; HENNEPIN COUNTY. new text end 47.4     new text begin (a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner new text end 47.5 new text begin of natural resources may sell by private sale to a governmental subdivision the surplus new text end 47.6 new text begin land that is described in paragraph (c). new text end 47.7     new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 47.8 new text begin attorney general may make necessary changes to the legal description to correct errors and new text end 47.9 new text begin ensure accuracy. The commissioner may sell the land to a governmental subdivision of new text end 47.10 new text begin the state for less than the value of the land as determined by the commissioner, but the new text end 47.11 new text begin conveyance must provide that the land described in paragraph (c) be used for the public new text end 47.12 new text begin and reverts to the state if the governmental subdivision fails to provide for public use new text end 47.13 new text begin or abandons the public use of the land. The commissioner may include conservation new text end 47.14 new text begin restrictions in the conveyance deed to ensure the property is maintained as open space. new text end 47.15     new text begin (c) The land that may be sold is located in Hennepin County and is described new text end 47.16 new text begin as follows: new text end 47.17     new text begin (1) the Northwest Quarter of Southwest Quarter, Section 36, Township 120 North, new text end 47.18 new text begin Range 22 West, less road right-of-way, containing 39 acres, more or less; new text end 47.19     new text begin (2) the east six and two-thirds acres of the West Half of the Southeast Quarter new text end 47.20 new text begin of the Southwest Quarter, Section 36, Township 120 North, Range 22 West, less road new text end 47.21 new text begin right-of-way, containing 6.67 acres, more or less; and new text end 47.22     new text begin (3) the West Quarter of the East Half of the Southeast Quarter of the Southwest new text end 47.23 new text begin Quarter, Section 36, Township 120 North, Range 22 West, less road right-of-way, new text end 47.24 new text begin containing 4.87 acres, more or less. new text end 47.25     new text begin (d) The land was conveyed to the state for wild game reservation purposes. Due new text end 47.26 new text begin to adjacent residential use and local zoning restrictions, the land is no longer available new text end 47.27 new text begin for hunting purposes. The Department of Natural Resources has determined that the new text end 47.28 new text begin state's land management interests would best be served if the lands were conveyed to a new text end 47.29 new text begin local unit of government. new text end 47.30    Sec. 89. new text begin PRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC new text end 47.31 new text begin WATER; HENNEPIN COUNTY. new text end 47.32     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the new text end 47.33 new text begin commissioner of natural resources may sell by private sale to a governmental subdivision new text end 47.34 new text begin the surplus land bordering public water that is described in paragraph (c). new text end 48.1     new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 48.2 new text begin attorney general may make necessary changes to the legal description to correct errors and new text end 48.3 new text begin ensure accuracy. The commissioner may sell the land to a governmental subdivision of new text end 48.4 new text begin the state for less than the value of the land as determined by the commissioner, but the new text end 48.5 new text begin conveyance must provide that the land described in paragraph (c) be used for the public new text end 48.6 new text begin and reverts to the state if the governmental subdivision fails to provide for public use or new text end 48.7 new text begin abandons the public use of the land. new text end 48.8     new text begin (c) The land that may be sold is located in Hennepin County and is described as new text end 48.9 new text begin follows: all that part of the Northwest Quarter of the Southwest Quarter and Government new text end 48.10 new text begin Lot 2, Section 25, Township 120 North, Range 22 West, lying north and westerly of the new text end 48.11 new text begin following described line: beginning at a point on the west line of said section 830.19 feet new text end 48.12 new text begin South of the west 1/4 corner thereof; thence North 36 degrees 55 minutes East, 109.88 new text end 48.13 new text begin feet; thence North 00 degrees 00 minutes, 1217.3 feet more or less to the water's edge of new text end 48.14 new text begin Haydens Lake. Subject to existing road easements. Containing 1.9 acres, more or less. new text end 48.15     new text begin (d) The land was purchased by the state for a water access site but has never been new text end 48.16 new text begin used as a water access site. The Department of Natural Resources has determined that new text end 48.17 new text begin the state's land management interests would best be served if the land was conveyed to a new text end 48.18 new text begin local unit of government. new text end 48.19    Sec. 90. new text begin TAX-FORFEITED LANDS LEASE; ITASCA COUNTY. new text end 48.20     new text begin Notwithstanding Minnesota Statutes, section 282.04, or other law to the contrary, new text end 48.21 new text begin the Itasca County auditor may lease tax-forfeited land to Minnesota Steel for a period of new text end 48.22 new text begin 20 years, for use as a tailings basin and buffer area. A lease entered under this section new text end 48.23 new text begin is renewable. new text end 48.24    Sec. 91. new text begin PUBLIC OR PRIVATE SALE OF SURPLUS STATE LAND new text end 48.25 new text begin BORDERING PUBLIC WATER; KITTSON COUNTY. new text end 48.26     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the new text end 48.27 new text begin commissioner of natural resources may sell by public or private sale the surplus land new text end 48.28 new text begin bordering public water that is described in paragraph (c). new text end 48.29     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 48.30 new text begin general may make necessary changes to the legal description to correct errors and ensure new text end 48.31 new text begin accuracy. The commissioner may sell the land to a governmental subdivision of the state new text end 48.32 new text begin for less than the value of the land as determined by the commissioner, but the conveyance new text end 48.33 new text begin must provide that the land be used for the public and reverts to the state if the governmental new text end 48.34 new text begin subdivision fails to provide for public use or abandons the public use of the land. new text end 49.1     new text begin (c) The land that may be sold is located in Kittson County and is described as follows: new text end 49.2     new text begin (1) Parcel 1: Lot 7, Block 4, Park Addition to Bronson, lying in the Southwest new text end 49.3 new text begin Quarter of the Southwest Quarter, Section 30, Township 161 North, Range 46 West, new text end 49.4 new text begin containing 0.92 acres, more or less; new text end 49.5     new text begin (2) Parcel 2: that part of Lots 5 and 6, Block 4, Park Addition to Bronson, lying in new text end 49.6 new text begin the Southwest Quarter of the Southwest Quarter, Section 30, Township 161 North, Range new text end 49.7 new text begin 46 West, more particularly described as follows: commencing at the midpoint of the west new text end 49.8 new text begin line of said Lot 5, which point is 33 feet East of the west line of said Southwest Quarter of new text end 49.9 new text begin the Southwest Quarter of Section 30; thence East and parallel to the south line of said Lot new text end 49.10 new text begin 5, a distance of 157 feet; thence South on a straight line at right angles to the immediately new text end 49.11 new text begin preceding line of this description to the center of the south branch of Two Rivers; thence new text end 49.12 new text begin northwesterly along the center line of said south branch of Two Rivers to its intersection new text end 49.13 new text begin with a north and south line parallel to the west line of said Southwest Quarter of the new text end 49.14 new text begin Southwest Quarter of Section 30, and distant 33 feet East therefrom, which line is also new text end 49.15 new text begin the west line of said Block 4; thence North along said west line of said Block 4, to the new text end 49.16 new text begin point of beginning, containing 0.39 acres, more or less; new text end 49.17     new text begin (3) Parcel 12: that part of Block 4, of the Park Addition to the village of Bronson, new text end 49.18 new text begin Kittson County, Minnesota, which may be more particularly described as follows: Lot 6, new text end 49.19 new text begin Block 4, with the exception of a tract consisting of the westerly 157 feet of said Lot 6, new text end 49.20 new text begin deeded to the Olof Locken Post, No. 315, of the American Legion, containing 0.68 acres, new text end 49.21 new text begin more or less; ALSO the following described portion of Lot 8 of said Block 4: commencing new text end 49.22 new text begin at a point on the west line of said Lot 8, 140 feet North of the southwest corner of said Lot new text end 49.23 new text begin 8; thence North along said west line of Lot 8, a distance of 68 feet; thence East at right new text end 49.24 new text begin angles to the said west line of Lot 8 to the east line of said Lot 8; thence South along the new text end 49.25 new text begin east line of said Lot 8, a distance of 68 feet; thence West at right angles to said east line new text end 49.26 new text begin of Lot 8 to the point of beginning, containing 0.05 acres, more or less; EXCEPTING new text end 49.27 new text begin therefrom the following described tract of land: commencing at the northeast corner of new text end 49.28 new text begin Block 4 in Park Addition to the village of Lake Bronson; thence South at right angles a new text end 49.29 new text begin distance of 265 feet to the point of beginning; thence West at right angles a distance of 143 new text end 49.30 new text begin feet; thence South at right angles a distance of 111 feet to the center of the Two Rivers; new text end 49.31 new text begin thence East at right angles a distance of 143 feet to the east line of Lot 8; thence North at new text end 49.32 new text begin right angles a distance of 111 feet to the point of beginning, being a part of Lot 6 and Lot 8 new text end 49.33 new text begin of Block 4, containing altogether 0.75 acres, more or less; and new text end 49.34     new text begin (4) Parcel 13: that part of Lot 8, Block 4 of the Park Addition to the village of new text end 49.35 new text begin Bronson, Kittson County, Minnesota, which may be more particularly described as new text end 49.36 new text begin follows: the South 140 feet of said Lot 8, Block 4, containing 0.10 acres, more or less; new text end 50.1 new text begin ALSO the following portion of said Lot 8: commencing at a point on the west line of said new text end 50.2 new text begin Lot 8, 208 feet North of the southwest corner of said Lot 8; thence North along said west new text end 50.3 new text begin line of Lot 8, a distance of 5.6 feet; thence East at right angles to said west line of Lot 8 to new text end 50.4 new text begin the east line of said Lot 8, thence South along said east line of Lot 8, a distance of 5.8 feet; new text end 50.5 new text begin thence West at right angles to said east line of Lot 8, to the point of beginning, containing new text end 50.6 new text begin 0.004 acres, more or less; containing altogether 0.104 acres, more or less. new text end 50.7     new text begin (d) The land borders South Branch Two Rivers and is not contiguous to other state new text end 50.8 new text begin lands. The land was acquired for park purposes but was not included in a state park. The new text end 50.9 new text begin Department of Natural Resources has determined that the land is not needed for natural new text end 50.10 new text begin resource purposes. new text end 50.11    Sec. 92. new text begin PRIVATE SALE OF SURPLUS STATE LAND; KITTSON COUNTY. new text end 50.12     new text begin (a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner new text end 50.13 new text begin of natural resources may sell by private sale the surplus land that is described in paragraph new text end 50.14 new text begin (c). new text end 50.15     new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 50.16 new text begin attorney general may make necessary changes to the legal description to correct errors new text end 50.17 new text begin and ensure accuracy. new text end 50.18     new text begin (c) The land that may be sold is located in Kittson County and is described as new text end 50.19 new text begin follows: a parcel of land in the Southwest Quarter of the Southeast Quarter of Section 30, new text end 50.20 new text begin Township 161 North, Range 46 West, more particularly described as follows: beginning at new text end 50.21 new text begin a point which is 33 feet North of the south line and 422 feet East of the west line of said new text end 50.22 new text begin Southwest Quarter of the Southeast Quarter; thence East parallel to said south line, 726 new text end 50.23 new text begin feet; thence North parallel to said west line, 300 feet; thence West parallel to said south new text end 50.24 new text begin line, 726 feet; thence South parallel to said west line, 300 feet to the point of beginning. new text end 50.25 new text begin Containing 5.00 acres, more or less. new text end 50.26     new text begin (d) The sale may be to multiple parties, including the county for the county new text end 50.27 new text begin highway right-of-way, the township for the township road, and adjoining landowners to new text end 50.28 new text begin resolve unintentional agricultural trespasses. The Department of Natural Resources has new text end 50.29 new text begin determined that the land is not needed for natural resource purposes. new text end 50.30    Sec. 93. new text begin PRIVATE SALE OF SURPLUS STATE LAND; LAKE COUNTY. new text end 50.31     new text begin (a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner new text end 50.32 new text begin of natural resources may sell by private sale the surplus land that is described in paragraph new text end 50.33 new text begin (c). new text end 51.1     new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 51.2 new text begin attorney general may make necessary changes to the legal description to correct errors new text end 51.3 new text begin and ensure accuracy. new text end 51.4     new text begin (c) The land that may be sold is located in Lake County and is described as follows: new text end 51.5 new text begin that part of the Northeast Quarter of the Southwest Quarter, Section 16, Township 57 new text end 51.6 new text begin North, Range 6 West, described as follows: commencing at the southeast corner of said new text end 51.7 new text begin Northeast Quarter of the Southwest Quarter marked by a DNR survey marker (3/4 inch x new text end 51.8 new text begin 18 inch rebar with an orange cap marked MN DNR LS 16098); thence North 89 degrees new text end 51.9 new text begin 11 minutes 24 seconds West based on the Lake County Coordinate System North Shore new text end 51.10 new text begin Zone, NAD83, 1986 adjustment, along the south line of said Northeast Quarter of the new text end 51.11 new text begin Southwest Quarter, 439.78 feet to a DNR survey marker on the westerly right-of-way of new text end 51.12 new text begin Trunk Highway 61 and the point of beginning; thence continuing North 89 degrees 11 new text end 51.13 new text begin minutes 24 seconds West along said south line 426.27 feet to a DNR survey marker; new text end 51.14 new text begin thence North 00 degrees 48 minutes 36 seconds East 100.00 feet to a DNR survey marker; new text end 51.15 new text begin thence South 89 degrees 11 minutes 24 seconds East 494.20 feet to a DNR survey marker new text end 51.16 new text begin on said westerly right-of-way; thence South 34 degrees 59 minutes 57 seconds West along new text end 51.17 new text begin said westerly right-of-way 120.89 feet, more or less, to the point of beginning. Containing new text end 51.18 new text begin 1.06 acres, more or less. new text end 51.19     new text begin (d) The sale would be to the adjoining landowner and resolve an unintentional new text end 51.20 new text begin trespass that occurred when a garage was constructed on state-owned land. The new text end 51.21 new text begin Department of Natural Resources has determined that the land is not needed for natural new text end 51.22 new text begin resource purposes. new text end 51.23    Sec. 94. new text begin PRIVATE SALE OF SURPLUS STATE LAND; LAKE COUNTY. new text end 51.24     new text begin (a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner new text end 51.25 new text begin of natural resources may sell by private sale the surplus land that is described in paragraph new text end 51.26 new text begin (c). new text end 51.27     new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 51.28 new text begin attorney general may make necessary changes to the legal description to correct errors new text end 51.29 new text begin and ensure accuracy. new text end 51.30     new text begin (c) The land that may be sold is located in Lake County and is described as follows: new text end 51.31 new text begin that part of the Northwest Quarter of the Southeast Quarter, Section 16, Township 57 new text end 51.32 new text begin North, Range 6 West, described as follows: commencing at the northwest corner of said new text end 51.33 new text begin Northwest Quarter of the Southeast Quarter marked by a DNR survey marker (3/4 inch x new text end 51.34 new text begin 18 inch rebar with an orange cap marked MN DNR LS 16098); thence South 89 degrees new text end 51.35 new text begin 14 minutes 10 seconds East based on the Lake County Coordinate System North Shore new text end 52.1 new text begin Zone, NAD83, 1986 adjustment, along the north line of said Northwest Quarter of the new text end 52.2 new text begin Southeast Quarter, 191.15 feet to a DNR survey marker and the point of beginning; thence new text end 52.3 new text begin continuing South 89 degrees 14 minutes 10 seconds East along said north line 264.92 feet new text end 52.4 new text begin to a DNR survey marker on the westerly right-of-way of Trunk Highway 61; thence new text end 52.5 new text begin South 34 degrees 59 minutes 57 seconds West along said westerly right-of-way 200.00 new text end 52.6 new text begin feet; thence North 41 degrees 54 minutes 07 seconds West 224.87 feet, more or less, to the new text end 52.7 new text begin point of beginning. Containing 0.50 acres, more or less. new text end 52.8     new text begin (d) The sale would be to the adjoining landowner and resolve an unintentional new text end 52.9 new text begin trespass that occurred when a garage and house were constructed on state-owned land. new text end 52.10 new text begin The Department of Natural Resources has determined that the land is not needed for new text end 52.11 new text begin natural resource purposes. new text end 52.12    Sec. 95. new text begin PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC new text end 52.13 new text begin WATER; LAKE COUNTY. new text end 52.14     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, new text end 52.15 new text begin and the public sale provisions of Minnesota Statutes, chapter 282, Lake County may sell new text end 52.16 new text begin by private sale the tax-forfeited land bordering public water that is described in paragraph new text end 52.17 new text begin (c), under the remaining provisions of Minnesota Statutes, chapter 282. new text end 52.18     new text begin (b) The conveyance must be in a form approved by the attorney general for a new text end 52.19 new text begin consideration of $1 and relinquishment of a four-acre parcel of land that Lake County has new text end 52.20 new text begin used for road relocation. new text end 52.21     new text begin (c) The land to be sold is located in Lake County and is described as: that part of new text end 52.22 new text begin the Southeast Quarter of the Northwest Quarter, north of County State-Aid Highway 14, new text end 52.23 new text begin Section 20, Township 55 North, Range 11 West. new text end 52.24     new text begin (d) The county has determined that the county's land management interests would new text end 52.25 new text begin best be served if the land was returned to private ownership. new text end 52.26    Sec. 96. new text begin PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC new text end 52.27 new text begin WATER; NICOLLET COUNTY. new text end 52.28     new text begin (a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural new text end 52.29 new text begin resources may sell by public sale the surplus land bordering public water that is described new text end 52.30 new text begin in paragraph (c). new text end 52.31     new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 52.32 new text begin attorney general may make necessary changes to the legal description to correct errors new text end 52.33 new text begin and ensure accuracy. new text end 53.1     new text begin (c) The land that may be sold is located in Nicollet County and is described as new text end 53.2 new text begin follows: new text end 53.3     new text begin (1) that part of the Southwest Quarter and that part of the Southeast Quarter, Section new text end 53.4 new text begin 8, Township 109 North, Range 29 West, being described as a strip of land 300.0 feet in new text end 53.5 new text begin width lying adjacent to and northerly of the following described centerline of proposed new text end 53.6 new text begin channel change: commencing at the center of Section 8, Township 109 North, Range new text end 53.7 new text begin 20 West, from which the north quarter corner of said Section 8 bears North 0 degrees new text end 53.8 new text begin 00 minutes East, thence South 0 degrees 00 minutes East for 1280 feet on said quarter new text end 53.9 new text begin line; thence South 90 degrees 00 minutes East for 54.9 feet to road station 40+40 on the new text end 53.10 new text begin centerline of County State-Aid Highway 24 which is the true point of beginning for the new text end 53.11 new text begin centerline of channel change; thence South 75 degrees 58 minutes East for a distance of new text end 53.12 new text begin 553.5 feet on centerline of channel change; thence South 75 degrees 58 minutes East for new text end 53.13 new text begin a distance of 1540.0 feet and there terminating; and from the true point of beginning new text end 53.14 new text begin North 77 degrees 58 minutes West for a distance of 770 feet and there terminating; SAID new text end 53.15 new text begin LANDS ALSO DESCRIBED AS: a strip of land lying and being 300.0 feet each side of new text end 53.16 new text begin the following described centerline of proposed channel change: beginning at a point new text end 53.17 new text begin 1280.0 feet South and 54.9 feet East of the center of Section 8, Township 109 North, new text end 53.18 new text begin Range 29 West; thence easterly on a bearing of South 77 degrees 00 minutes East for a new text end 53.19 new text begin distance of 553.5 feet; thence easterly on a bearing of South 75 degrees 00 minutes East new text end 53.20 new text begin for a distance of 1540.0 feet and there terminating. This includes 3.005 acres in part of the new text end 53.21 new text begin North Half of the Southeast Quarter of Section 8, Township 109 North, Range 29 West, new text end 53.22 new text begin and 10.932 acres in part of Government Lot 2 of Section 8, Township 109 North, Range new text end 53.23 new text begin 29 West. Also from the point of beginning, westerly on a bearing of North 77 degrees new text end 53.24 new text begin 00 minutes West for a distance of 770.0 feet and there terminating. This includes 4.098 new text end 53.25 new text begin acres in part of the Southwest Quarter of Section 8, Township 109 North, Range 29 West. new text end 53.26 new text begin Containing 3.01 acres, more or less; and new text end 53.27     new text begin (2) that part of the Southwest Quarter and that part of the Southeast Quarter, Section new text end 53.28 new text begin 8, Township 109 North, Range 29 West, Nicollet County, Minnesota, being described new text end 53.29 new text begin as a strip of land 300.0 feet in width lying adjacent to and southerly of the following new text end 53.30 new text begin described centerline of proposed channel change: commencing at the center of Section new text end 53.31 new text begin 8, Township 109 North, Range 20 West, from which the north quarter corner of said new text end 53.32 new text begin Section 8 bears North 0 degrees 00 minutes East; thence South 0 degrees 00 minutes East new text end 53.33 new text begin for 1280 feet on said quarter line; thence South 90 degrees 00 minutes East for 54.9 new text end 53.34 new text begin feet to road station 40+40 on the centerline of County State-Aid Highway 24 which is new text end 53.35 new text begin the true point of beginning for the centerline of channel change; thence South 75 degrees new text end 53.36 new text begin 58 minutes East for a distance of 553.5 feet on centerline of channel change; thence new text end 54.1 new text begin South 75 degrees 58 minutes East for a distance of 1540.0 feet and there terminating; and new text end 54.2 new text begin from the true point of beginning North 77 degrees 58 minutes West for a distance of new text end 54.3 new text begin 770 feet and there terminating; SAID LANDS ALSO DESCRIBED AS: a strip of land new text end 54.4 new text begin lying and being 300.0 feet each side of the following described centerline of proposed new text end 54.5 new text begin channel change: beginning at a point 1280.0 feet South and 54.9 feet East of the center of new text end 54.6 new text begin Section 8, Township 109 North, Range 29 West; thence easterly on a bearing of South new text end 54.7 new text begin 77 degrees 00 minutes East for a distance of 553.5 feet; thence easterly on a bearing of new text end 54.8 new text begin South 75 degrees 00 minutes East for a distance of 1540.0 feet and there terminating. new text end 54.9 new text begin This includes 3.005 acres in part of the North Half of the Southeast Quarter of Section new text end 54.10 new text begin 8, Township 109 North, Range 29 West, and 10.932 acres in part of Government Lot 2 new text end 54.11 new text begin of Section 8, Township 109 North, Range 29 West. Also, from the point of beginning, new text end 54.12 new text begin westerly on a bearing of North 77 degrees 00 minutes West for a distance of 770.0 feet and new text end 54.13 new text begin there terminating. This includes 4.098 acres in part of the Southwest Quarter of Section 8, new text end 54.14 new text begin Township 109 North, Range 29 West. Containing 4.10 acres, more or less. new text end 54.15     new text begin (d) The land borders the Minnesota River. It was acquired when a new bridge was new text end 54.16 new text begin installed across the river resulting in a realignment of the river channel. The Department of new text end 54.17 new text begin Natural Resources has determined that the land is not needed for natural resource purposes. new text end 54.18    Sec. 97. new text begin PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC new text end 54.19 new text begin WATER; RED LAKE COUNTY. new text end 54.20     new text begin (a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural new text end 54.21 new text begin resources may sell by public sale the surplus land bordering public water that is described new text end 54.22 new text begin in paragraph (c). new text end 54.23     new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 54.24 new text begin attorney general may make necessary changes to the legal description to correct errors new text end 54.25 new text begin and ensure accuracy. new text end 54.26     new text begin (c) The land that may be sold is located in Red Lake County and is described new text end 54.27 new text begin as follows: new text end 54.28     new text begin (1) Government Lot 10, Section 31, Township 152 North, Range 40 West, containing new text end 54.29 new text begin 20.17 acres, more or less; and new text end 54.30     new text begin (2) Government Lot 3, Section 34, Township 152 North, Range 40 West, containing new text end 54.31 new text begin 21.7 acres, more or less. new text end 54.32     new text begin (d) The land borders the Clearwater River and is not contiguous to other state lands. new text end 54.33 new text begin The Department of Natural Resources has determined that the land is not needed for new text end 54.34 new text begin natural resource purposes. new text end 55.1    Sec. 98. new text begin PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC new text end 55.2 new text begin WATER; ST. LOUIS COUNTY. new text end 55.3     new text begin (a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural new text end 55.4 new text begin resources may sell by public sale the surplus land bordering public water that is described new text end 55.5 new text begin in paragraph (c). new text end 55.6     new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 55.7 new text begin attorney general may make necessary changes to the legal description to correct errors new text end 55.8 new text begin and ensure accuracy. new text end 55.9     new text begin (c) The land that may be sold is located in St. Louis County and is described as new text end 55.10 new text begin follows: Government Lot 2, except the Northwest Quarter of Lot 2, Section 19, Township new text end 55.11 new text begin 58 North, Range 18 West, containing 30.84 acres, more or less. new text end 55.12     new text begin (d) The land borders an unnamed tributary to the West Two Rivers Reservoir. The new text end 55.13 new text begin Department of Natural Resources has determined that the land is not needed for natural new text end 55.14 new text begin resource purposes. new text end 55.15    Sec. 99. new text begin PRIVATE SALE OF SURPLUS STATE LAND; ST. LOUIS COUNTY. new text end 55.16     new text begin (a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner new text end 55.17 new text begin of natural resources may sell by private sale the surplus land that is described in paragraph new text end 55.18 new text begin (c). new text end 55.19     new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 55.20 new text begin attorney general may make necessary changes to the legal description to correct errors new text end 55.21 new text begin and ensure accuracy. new text end 55.22     new text begin (c) The land that may be sold is located in St. Louis County and is described as new text end 55.23 new text begin follows: Government Lot 3, Section 18, Township 68 North, Range 19 West, containing new text end 55.24 new text begin 23.22 acres, more or less. new text end 55.25     new text begin (d) The sale will be to the University of Minnesota for the off axis NOvA detector new text end 55.26 new text begin project. The Department of Natural Resources has determined that the land is not needed new text end 55.27 new text begin for natural resource purposes. new text end 55.28    Sec. 100. new text begin LAND EXCHANGE; ST. LOUIS COUNTY. new text end 55.29     new text begin (a) The commissioner of natural resources shall, with the approval of the Land new text end 55.30 new text begin Exchange Board as required under the Minnesota Constitution, article XI, section 10, and new text end 55.31 new text begin according to Minnesota Statutes, sections 94.343 to 94.347, exchange the land described new text end 55.32 new text begin in paragraph (b). The commissioner shall offer to exchange the land with the holder of new text end 55.33 new text begin Department of Natural Resources lease number 144-011-0587 by December 31, 2007. new text end 56.1     new text begin (b) The land to be exchanged is located in St. Louis County and is described as new text end 56.2 new text begin follows: that part of Government Lot 1, Section 6, Township 58 North, Range 17 West, new text end 56.3 new text begin containing 1.98 acres more or less, that is subject to Department of Natural Resources new text end 56.4 new text begin lease number 144-011-0587. new text end 56.5    Sec. 101. new text begin PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC new text end 56.6 new text begin WATER; ST. LOUIS COUNTY. new text end 56.7     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision new text end 56.8 new text begin 1, and the public sale provisions of Minnesota Statutes, chapter 282, St. Louis County new text end 56.9 new text begin may sell by private sale the tax-forfeited land bordering public water that is described in new text end 56.10 new text begin paragraph (c) under the remaining provisions of Minnesota Statutes, chapter 282. new text end 56.11     new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 56.12 new text begin attorney general may make changes to the land description to correct errors and ensure new text end 56.13 new text begin accuracy. The conveyance must reserve to the state a 100-foot easement along the new text end 56.14 new text begin shoreline to protect vegetation and allow angling by the public and a 15-foot easement new text end 56.15 new text begin from the public road right-of-way to allow angler walk-in access. new text end 56.16     new text begin (c) The land to be sold is located in St. Louis County and is described as: Lots 7, 8, new text end 56.17 new text begin and 9, Block 2, Wonderland 1st Addition. new text end 56.18     new text begin (d) The county has determined that the county's land management interests would new text end 56.19 new text begin best be served if the land was sold to an adjoining landowner. new text end 56.20    Sec. 102. new text begin PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC new text end 56.21 new text begin WATER; ST. LOUIS COUNTY. new text end 56.22     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, new text end 56.23 new text begin St. Louis County may sell the tax-forfeited land bordering public water that is described new text end 56.24 new text begin in paragraph (c) under the remaining provisions of Minnesota Statutes, chapter 282. new text end 56.25     new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 56.26 new text begin attorney general may make changes to the land description to correct errors and ensure new text end 56.27 new text begin accuracy. The conveyance must reserve to the state a 150-foot easement of 75 feet on each new text end 56.28 new text begin side of the centerline of the East Branch of Chester Creek and a 100-foot easement of 50 new text end 56.29 new text begin feet on each side of the centerline of tributaries of Chester Creek. new text end 56.30     new text begin (c) The land to be sold is located in St. Louis County and is described as: new text end 56.31     new text begin (1) part of the Northeast Quarter of the Southeast Quarter, Section 9, Township 50 new text end 56.32 new text begin North, Range 14 West; and new text end 56.33     new text begin (2) Lots 7, 8, 9, 34, 35, 36, 37, 58, 59, 60, and 61 and part of Lot 10, Englewood new text end 56.34 new text begin Farms. new text end 57.1     new text begin (d) The county has determined that the county's land management interests would new text end 57.2 new text begin best be served if the lands were returned to private ownership. new text end 57.3    Sec. 103. new text begin PRIVATE SALE OF TAX-FORFEITED LAND; ST. LOUIS COUNTY. new text end 57.4     new text begin (a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, new text end 57.5 new text begin St. Louis County may sell by private sale the tax-forfeited land that is described in new text end 57.6 new text begin paragraph (c) under the remaining provisions of Minnesota Statutes, chapter 282. new text end 57.7     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 57.8 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 57.9     new text begin (c) The land to be sold is located in St. Louis County and is described as: new text end 57.10     new text begin (1) part of the Southwest Quarter of the Northwest Quarter, Section 1, Township new text end 57.11 new text begin 63 North, Range 18 West; new text end 57.12     new text begin (2) part of the Southwest Quarter of the Northeast Quarter, Section 28, Township 53 new text end 57.13 new text begin North, Range 13 West; and new text end 57.14     new text begin (3) part of the Northeast Quarter of the Northeast Quarter, Section 9, Township new text end 57.15 new text begin 58 North, Range 16 West. new text end 57.16     new text begin (d) The county has determined that the county's land management interests would new text end 57.17 new text begin best be served if the lands were returned to private ownership. new text end 57.18    Sec. 104. new text begin SPARTA BEACH IN CITY OF GILBERT; ST. LOUIS COUNTY. new text end 57.19     new text begin (a) This section applies to the land described in paragraph (b), which is owned by new text end 57.20 new text begin the city of Gilbert. The legislature finds that any fill placed along the shoreline below the new text end 57.21 new text begin historical high watermark prior to the effective date of this section does not extend beyond new text end 57.22 new text begin the ordinary low watermark and does not interfere with the public right of navigation or new text end 57.23 new text begin any other public right. Consistent with the common law of the state, the state shall not new text end 57.24 new text begin dispute the right of the owner of the land, or the owner's successors, to enjoy exclusive use new text end 57.25 new text begin of filled land in shallow waters abutting the land, subject only to the limitation that the new text end 57.26 new text begin owner or owner's successors shall not interfere with the public right of navigation. new text end 57.27     new text begin (b) The land referred to in this section is described as follows: new text end 57.28 new text begin That part of the North Half of Government Lot 1, Section 35, Township 58 North, new text end 57.29 new text begin Range 17 West of the Fourth Principal Meridian, St. Louis County, Minnesota, new text end 57.30 new text begin described as follows: Starting at a pipe that is on the east side of Differding Road on new text end 57.31 new text begin the north line of the plat of Birch View and assuming that the north line is East and new text end 57.32 new text begin West, thence running North 49 degrees 56 minutes West a distance of 291.00 feet to new text end 57.33 new text begin the place of beginning; thence running South 55 degrees 19 minutes West a distance new text end 57.34 new text begin of 135 feet to the shore of Ely Lake; Starting from the place of beginning, thence new text end 58.1 new text begin running North 29 degrees 01 minutes West a distance of 436.50 feet; thence running new text end 58.2 new text begin North 87 degrees 24 minutes West a distance of 302 feet to the shore of Ely Lake; new text end 58.3 new text begin thence running along the shore to the intersection with the first described. new text end 58.4    Sec. 105. new text begin LAND EXCHANGE; BELTRAMI COUNTY. new text end 58.5     new text begin (a) The commissioner of natural resources shall, with the approval of the Land new text end 58.6 new text begin Exchange Board as required under the Minnesota Constitution, article XI, section 10, and new text end 58.7 new text begin according to Minnesota Statutes, sections 94.343 to 94.347, exchange the land described new text end 58.8 new text begin in paragraph (b) for land of comparable value that borders public water. new text end 58.9     new text begin (b) The land to be conveyed is located in Beltrami County and is described as: new text end 58.10     new text begin (1) that part of the Southeast Quarter of the Southeast Quarter west of County new text end 58.11 new text begin State-Aid Highway 14, Section 32, Township 147 North, Range 34 West; new text end 58.12     new text begin (2) the Southeast Quarter of the Southwest Quarter of the Southeast Quarter, Section new text end 58.13 new text begin 32, Township 147 North, Range 34 West; and new text end 58.14     new text begin (3) that part of the Northeast Quarter of the Northeast Quarter west of County new text end 58.15 new text begin State-Aid Highway 14 and north of the haul road, Section 5, Township 146 North, Range new text end 58.16 new text begin 34 West. new text end 58.17    Sec. 106. new text begin PRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC new text end 58.18 new text begin WATER; WASHINGTON COUNTY. new text end 58.19     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the new text end 58.20 new text begin commissioner of natural resources may sell by private sale the surplus land bordering new text end 58.21 new text begin public water that is described in paragraph (c). new text end 58.22     new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 58.23 new text begin attorney general may make necessary changes to the legal description to correct errors and new text end 58.24 new text begin ensure accuracy. The commissioner may only sell the land to a governmental subdivision new text end 58.25 new text begin of the state. The conveyance may be for less than the value of the land as determined by new text end 58.26 new text begin the commissioner, but the conveyance must provide that the land be used for the public new text end 58.27 new text begin and reverts to the state if the governmental subdivision fails to provide for public use or new text end 58.28 new text begin abandons the public use of the land. new text end 58.29     new text begin (c) The land that may be sold is located in Washington County and is described as new text end 58.30 new text begin follows, Parcels A and B containing altogether 31.55 acres, more or less: new text end 58.31     new text begin (1) Parcel A: all that part of the North Half of the Southeast Quarter, Section new text end 58.32 new text begin 30, Township 30 North, Range 20 West, bounded by the following described lines: new text end 58.33 new text begin commencing at the east quarter corner of said Section 30; thence on an assumed bearing new text end 58.34 new text begin of North 88 degrees 13 minutes 48 seconds West, 399.98 feet on and along the east-west new text end 59.1 new text begin quarter line of said Section 30 to the point of beginning; thence North 88 degrees 13 new text end 59.2 new text begin minutes 48 seconds West, 504.57 feet on and along the said east-west quarter line; thence new text end 59.3 new text begin South 17 degrees 54 minutes 26 seconds West, 1377.65 feet to a point on the south 1/16 new text end 59.4 new text begin line of said Section 30; thence South 88 degrees 10 minutes 45 seconds East, 504.44 feet new text end 59.5 new text begin on and along the south 1/16 line of said Section 30; thence North 17 degrees 54 minutes new text end 59.6 new text begin 26 seconds East, 1378.11 feet to the point of beginning; and new text end 59.7     new text begin (2) Parcel B: all that part of the North Half of the Southeast Quarter, Section new text end 59.8 new text begin 30, Township 30 North, Range 20 West, bounded by the following described lines: new text end 59.9 new text begin commencing at the east quarter corner of said Section 30; thence on an assumed bearing new text end 59.10 new text begin of North 88 degrees 13 minutes 48 seconds West, 904.55 feet along the east-west quarter new text end 59.11 new text begin line of said Section 30 to the point of beginning; thence South 17 degrees 54 minutes 26 new text end 59.12 new text begin seconds West, 1377.65 feet to a point on the south 1/16 line of said Section 30; thence new text end 59.13 new text begin North 88 degrees 10 minutes 45 seconds West, 369.30 feet along said south 1/16 line; new text end 59.14 new text begin thence North 42 degrees 24 minutes 47 seconds West, 248.00 feet; thence North 02 new text end 59.15 new text begin degrees 59 minutes 30 seconds East, 488.11 feet; thence North 47 degrees 41 minutes new text end 59.16 new text begin 19 seconds East, 944.68 feet to a point on the east-west quarter line of said Section 30; new text end 59.17 new text begin thence South 88 degrees 13 minutes 48 seconds East, 236.03 feet along said east-west new text end 59.18 new text begin quarter line to the point of beginning. new text end 59.19     new text begin (d) The land borders Long Lake and is not contiguous to other state lands. The new text end 59.20 new text begin land was donated to the state with the understanding that the land would be used as a new text end 59.21 new text begin wildlife sanctuary. The Department of Natural Resources has determined that the land is new text end 59.22 new text begin not needed for natural resource purposes. new text end 59.23    Sec. 107. new text begin VERMILLION HIGHLANDS WILDLIFE MANAGEMENT AREA. new text end 59.24     new text begin (a) The following area is established and designated as the Vermillion Highlands new text end 59.25 new text begin Wildlife Management Area, subject to the special permitted uses authorized in this section: new text end 59.26     new text begin The approximately 2,840 acres owned by the University of Minnesota lying within new text end 59.27 new text begin the area legally described as approximately the southerly 3/4 of the Southwest 1/4 of new text end 59.28 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 59.29 new text begin West 1/2 of Section 12, Section 13, and Section 14, all in Township 114 North, Range new text end 59.30 new text begin 19 West, Dakota County. new text end 59.31     new text begin (b) Notwithstanding Minnesota Statutes, section 86A.05, subdivision 8, paragraph new text end 59.32 new text begin (c), permitted uses in the Vermillion Highlands Wildlife Management Area include: new text end 59.33     new text begin (1) education, outreach, and agriculture with the intent to eventually phase out new text end 59.34 new text begin agriculture leases and plant and restore native prairie; new text end 59.35     new text begin (2) research by the University of Minnesota or other permitted researchers; new text end 60.1     new text begin (3) hiking, hunting, fishing, trapping, and other compatible wildlife-related new text end 60.2 new text begin recreation of a natural outdoors experience, without constructing new hard surface trails new text end 60.3 new text begin or roads, and supporting management and improvements; new text end 60.4     new text begin (4) designated trails for hiking, horseback riding, biking, and cross-country skiing new text end 60.5 new text begin and necessary trailhead support with minimal impact on the permitted uses in clause (3); new text end 60.6     new text begin (5) shooting sports facilities for sporting clays, skeet, trapshooting, and rifle and new text end 60.7 new text begin pistol shooting, including sanctioned events and training for responsible handling and new text end 60.8 new text begin use of firearms; new text end 60.9     new text begin (6) grant-in-aid snowmobile trails; and new text end 60.10     new text begin (7) leases for small-scale farms to market vegetable farming. new text end 60.11     new text begin (c) With the concurrence of representatives of the University of Minnesota and new text end 60.12 new text begin Dakota County, the commissioner of natural resources may, by posting or rule, restrict the new text end 60.13 new text begin permitted uses as follows: new text end 60.14     new text begin (1) temporarily close areas or trails, by posting at the access points, to facilitate new text end 60.15 new text begin hunting. When temporarily closing trails under this clause, the commissioner shall avoid new text end 60.16 new text begin closing all trail loops simultaneously whenever practical; or new text end 60.17     new text begin (2) limit other permitted uses to accommodate hunting and trapping after providing new text end 60.18 new text begin advance public notice. Research conducted by the university may not be limited unless new text end 60.19 new text begin mutually agreed by the commissioner and the University of Minnesota. new text end 60.20     new text begin (d) Road maintenance within the wildlife management area shall be minimized, with new text end 60.21 new text begin the intent to abandon interior roads when no longer needed for traditional agriculture new text end 60.22 new text begin purposes. new text end 60.23     new text begin (e) Money collected on leases from lands within the wildlife management area new text end 60.24 new text begin must be kept in a separate account and spent within the wildlife management area under new text end 60.25 new text begin direction of the representatives listed in paragraph (c). $200,000 of this money may be new text end 60.26 new text begin transferred to the commissioner of natural resources for a master planning process and new text end 60.27 new text begin resource inventory of the land identified in Minnesota Statutes, section 137.50, subdivision new text end 60.28 new text begin 6, in order to provide needed prairie and wetland restoration. The commissioner must work new text end 60.29 new text begin with affected officials from the University of Minnesota and Dakota County to complete new text end 60.30 new text begin these requirements and inform landowners and lessees about the planning process. new text end 60.31     new text begin (f) Notwithstanding Minnesota Statutes, sections 97A.061 and 477A.11, the state new text end 60.32 new text begin of Minnesota shall not provide payments in lieu of taxes for the lands described in new text end 60.33 new text begin paragraph (a). new text end 61.1    Sec. 108. new text begin CLAIR A. NELSON MEMORIAL FOREST, LAKE COUNTY; new text end 61.2 new text begin TEMPORARY SUSPENSION OF APPORTIONMENT OF PROCEEDS FROM new text end 61.3 new text begin TAX-FORFEITED LANDS. new text end 61.4     new text begin (a) Upon approval of an affected political subdivision within Lake County, the new text end 61.5 new text begin Lake County Board may suspend the apportionment of the balance of net proceeds from new text end 61.6 new text begin tax-forfeited lands within the affected political subdivision under Minnesota Statutes, new text end 61.7 new text begin section 282.08, clause (4), item (iii), and retain the net proceeds. The authority under this new text end 61.8 new text begin paragraph is available until Lake County suspends the apportionment of net proceeds new text end 61.9 new text begin subject to item (iii) in the amount of $2,200,000 plus any interest costs incurred by the new text end 61.10 new text begin county to purchase land described in this section. The money received by Lake County is new text end 61.11 new text begin to reimburse the county for the purchase in 2006 of 6,085 acres of forest land named the new text end 61.12 new text begin Clair A. Nelson Memorial Forest. new text end 61.13     new text begin (b) Any revenue derived from acquired land that was reimbursed under paragraph new text end 61.14 new text begin (a) is subject to apportionment as provided in Minnesota Statutes, section 282.08. new text end 61.15 new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively from January 1, 2006. new text end 61.16    Sec. 109. new text begin RULE AMENDMENTS. new text end 61.17     new text begin The commissioner of natural resources may use the good cause exemption under new text end 61.18 new text begin Minnesota Statutes, section 14.388, subdivision 1, clause (3), to amend rules to conform new text end 61.19 new text begin to sections 60 to 64. Minnesota Statutes, section 14.386, does not apply to the rulemaking new text end 61.20 new text begin under this section except to the extent provided under Minnesota Statutes, section 14.388. new text end 61.21    Sec. 110. new text begin LAKE TROUT REPORT. new text end 61.22     new text begin By February 1, 2008, the commissioner of natural resources must review and report new text end 61.23 new text begin to the legislative policy committees with jurisdiction over natural resources on the pros new text end 61.24 new text begin and cons of changing the winter lake trout season so that it would be open from the new text end 61.25 new text begin Saturday nearest January 1 to March 31. new text end 61.26    Sec. 111. new text begin ACCESS TO MINNESOTA OUTDOORS PLAN. new text end 61.27     new text begin Subdivision 1. new text end new text begin Walk-in access plan. new text end new text begin (a) The commissioner of natural resources new text end 61.28 new text begin shall prepare a plan for a walk-in public access program under which the commissioner new text end 61.29 new text begin may encourage owners and operators of privately held land to voluntarily make that new text end 61.30 new text begin land available for walk-in access by the public for hunting and fishing under programs new text end 61.31 new text begin administered by the commissioner. new text end 62.1     new text begin (b) As part of the plan, the commissioner shall explore entering into contracts with new text end 62.2 new text begin the owners or lessees of land to establish voluntary walk-in public access for hunting, new text end 62.3 new text begin fishing, or other wildlife-dependent recreational activities. new text end 62.4     new text begin (c) In the plan, the commissioner must describe: new text end 62.5     new text begin (1) the costs and benefits that private land access will provide the public, such as new text end 62.6 new text begin hunting, fishing, bird watching, and related outdoor activities; and new text end 62.7     new text begin (2) the types of game, fish, and wildlife habitat improvements made to the land that new text end 62.8 new text begin will enhance public uses. new text end 62.9     new text begin (d) The commissioner shall explore the effectiveness and public and private cost of new text end 62.10 new text begin walk-in public access programs in other states and recommend walk-in program options new text end 62.11 new text begin for public access to private lands for hunting, fishing, and related recreational activities. new text end 62.12     new text begin Subd. 2. new text end new text begin Other law. new text end new text begin Nothing in the plan may preempt trespass and liability laws. new text end 62.13 new text begin Recommendations submitted by the commissioner of natural resources under subdivision new text end 62.14 new text begin 3 shall include any changes to Minnesota Statutes, sections 604A.20 to 604A.27, new text end 62.15 new text begin necessary to ensure that landowners are not exposed to additional liability as a result new text end 62.16 new text begin of the walk-in access program. new text end 62.17     new text begin Subd. 3. new text end new text begin Report. new text end new text begin The commissioner must present the walk-in public access plan new text end 62.18 new text begin to the house and senate committees with jurisdiction over natural resources policy and new text end 62.19 new text begin finance, with recommendations on program implementation, by January 15, 2008. new text end 62.20    Sec. 112. new text begin COCK PHEASANT BAG LIMIT; RULEMAKING. new text end 62.21     new text begin The commissioner of natural resources shall amend Minnesota Rules, part new text end 62.22 new text begin 6234.0400, subpart 2, to allow a person to take up to three cock pheasants per day and new text end 62.23 new text begin have 12 in possession after December 1 during the pheasant season. The commissioner new text end 62.24 new text begin may use the good cause exemption under Minnesota Statutes, section 14.388, subdivision new text end 62.25 new text begin 1, clause (3), to adopt the rule and Minnesota Statutes, section 14.386, does not apply, new text end 62.26 new text begin except as provided under Minnesota Statutes, section 14.388. new text end 62.27    Sec. 113. new text begin CROSSBOW DEER SEASON. new text end 62.28     new text begin Notwithstanding Minnesota Statutes, section 97B.035, or other law to the contrary, new text end 62.29 new text begin the commissioner of natural resources shall establish an open season for taking deer new text end 62.30 new text begin by crossbow during the regular firearm season each year. Crossbows must meet the new text end 62.31 new text begin requirements of Minnesota Statutes, section 97B.106, subdivision 2. A person taking deer new text end 62.32 new text begin by crossbow must have a crossbow deer hunting license. The fee for a resident crossbow new text end 62.33 new text begin deer hunting license is $26 and the fee for a nonresident crossbow deer hunting license is new text end 62.34 new text begin $135. The commissioner may adopt exempt rules regulating the crossbow deer season new text end 63.1 new text begin according to Minnesota Statutes, section 14.386. Notwithstanding Minnesota Statutes, new text end 63.2 new text begin section 14.386, a rule adopted under this section is effective until January 1, 2009. new text end 63.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 63.4 new text begin and expires January 1, 2009. new text end 63.5    Sec. 114. new text begin CROSSBOW SEASON REPORT. new text end 63.6     new text begin By February 1, 2009, the commissioner of natural resources shall submit a report to new text end 63.7 new text begin the chairs of the house and senate committees having jurisdiction over natural resources new text end 63.8 new text begin that includes the number of crossbow deer season licenses issued under section 113 and new text end 63.9 new text begin addresses whether there was an increase in hunting problems during the time a crossbow new text end 63.10 new text begin deer season was permitted. new text end 63.11    Sec. 115. new text begin RULE AMENDMENTS. new text end 63.12     new text begin The commissioner of natural resources shall amend Minnesota Rules, parts new text end 63.13 new text begin 6262.0100, subpart 5, item D, and 6266.0700, subpart 3, to allow an angler in an icehouse new text end 63.14 new text begin to possess fillets of a fish with size restrictions if the angler is preparing and using the new text end 63.15 new text begin fish for a meal. The commissioner may use the good cause exemption under Minnesota new text end 63.16 new text begin Statutes, section 14.388, subdivision 1, clause (3), to adopt rules according to this new text end 63.17 new text begin section and Minnesota Statutes, section 14.386, does not apply except as provided under new text end 63.18 new text begin Minnesota Statutes, section 14.388. new text end 63.19 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 63.20    Sec. 116. new text begin PUBLIC MEETINGS REQUIRED; CONSTRUCTION OF MOORING new text end 63.21 new text begin FACILITIES. new text end 63.22     new text begin The commissioner of natural resources shall hold at least two public meetings in new text end 63.23 new text begin the north central lakes area of the state to inform the public of and gather public input new text end 63.24 new text begin regarding the conditions and criteria under Minnesota Rules, part 6115.0211, subpart 4a, new text end 63.25 new text begin item C, for permitted mooring facilities and docks. new text end 63.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 63.27    Sec. 117. new text begin LEECH LAKE STOCKING. new text end 63.28     new text begin The commissioner of natural resources shall rank Leech Lake no lower than third new text end 63.29 new text begin in any prioritization of state lakes for walleye stocking in 2007, 2008, and 2009, or until new text end 63.30 new text begin Leech Lake shows sufficient natural production of walleye, whichever is later. new text end 64.1    Sec. 118. new text begin CORMORANT CONTROL. new text end 64.2     new text begin The commissioner of natural resources shall control cormorant in the state as new text end 64.3 new text begin allowed under federal law. new text end 64.4    Sec. 119. new text begin RUSTY CRAYFISH STUDY. new text end 64.5     new text begin The commissioner of natural resources shall continue to study the effects of rusty new text end 64.6 new text begin crayfish on walleye reproduction in Leech Lake. new text end 64.7    Sec. 120. new text begin BIG ISLAND. new text end 64.8     new text begin Notwithstanding Minnesota Statutes, section 83A.02, the commissioner of natural new text end 64.9 new text begin resources shall initiate a process to rename Big Island on Pelican Lake in St. Louis County. new text end 64.10    Sec. 121. new text begin APPEALS BOARD OF ADJUSTMENT. new text end 64.11     new text begin (a) A county, with a city of the first class, encompassing over 5,000 square miles new text end 64.12 new text begin must establish as a pilot program an Appeals Board of Zoning Adjustment to review new text end 64.13 new text begin determinations made by the Board of Zoning Adjustment. The Appeals Board of new text end 64.14 new text begin Zoning Adjustment shall be an intermediary appeal process that may be accessed prior new text end 64.15 new text begin to appealing a decision to the district court. The Appeals Board of Zoning Adjustment new text end 64.16 new text begin shall be comprised of the county board, two sitting members of the Board of Zoning new text end 64.17 new text begin Adjustment, and two member citizens who have had appeals within the past five years new text end 64.18 new text begin before the Board of Zoning Adjustment. Members shall serve a three-year term. new text end 64.19     new text begin (b) Paragraph (a) expires two years after the effective date of this section. new text end 64.20    Sec. 122. new text begin REPEALER. new text end 64.21 new text begin (a) Minnesota Statutes 2006, sections 85.015, subdivision 11; 97A.475, subdivision new text end 64.22 new text begin 38; and 97C.365; new text end new text begin and new text end new text begin Laws 2006, chapter 236, article 1, section 2, new text end new text begin are repealed. new text end 64.23 new text begin (b) new text end new text begin 2007, S.F. No. 2096, article 1, the amendments to Minnesota Statutes 2006, new text end 64.24 new text begin section 84.777 in section 24, if enacted, new text end new text begin are repealed effective July 1, 2007. new text end 64.25    Sec. 123. new text begin EFFECTIVE DATE. new text end 64.26     new text begin Sections 2, 3, 17, 18, and 71 to 106 are effective the day following final enactment. new text end 64.27ARTICLE 2 64.28ENVIRONMENT POLICY 64.29    Section 1. Minnesota Statutes 2006, section 103F.205, subdivision 1, is amended to 64.30read: 65.1    Subdivision 1. Applicability. The definitions in this section apply to sections 65.2103F.201 to 103F.221 new text begin 103F.227 new text end . 65.3    Sec. 2. new text begin [103F.227] SHORELAND DEVELOPMENT; EXISTING RESORTS. new text end 65.4     new text begin Subdivision 1. new text end new text begin Applicability. new text end new text begin This section applies statewide and preempts local new text end 65.5 new text begin ordinances that are inconsistent with its terms. new text end 65.6     new text begin Subd. 2. new text end new text begin Resort defined. new text end new text begin For purposes of this section, "resort" means a shoreland new text end 65.7 new text begin commercial establishment, existing on or before August 1, 2007, that includes buildings, new text end 65.8 new text begin lodges, structures, dwelling units, camping or recreational vehicle sites, or enclosures, new text end 65.9 new text begin or any part thereof kept, used, maintained, or advertised as or held out to the public to new text end 65.10 new text begin be a place where sleeping accommodations are furnished to the public, primarily to new text end 65.11 new text begin those seeking recreation, for periods of one day or longer, and having for rent three or new text end 65.12 new text begin more cabins, rooms, campsites, or enclosures. These establishments must be primarily new text end 65.13 new text begin service oriented for transient lodging of guests. All cabins, rooms, dwelling units, new text end 65.14 new text begin camping or recreational vehicle sites, or enclosures must be included in the resort rental new text end 65.15 new text begin business. Resorts allow no residential use of a dwelling unit or site, except dwellings new text end 65.16 new text begin used as residences for the service providers or dwelling units or sites for renters. To new text end 65.17 new text begin qualify as a resort under this section, a resort must be fully licensed and permitted under new text end 65.18 new text begin appropriate state and local regulations. The entire parcel of land must be controlled and new text end 65.19 new text begin managed by the licensee. new text end 65.20     new text begin Subd. 3. new text end new text begin Maintenance and replacement. new text end new text begin (a) So long as the establishment continues new text end 65.21 new text begin to operate as a resort, a county or municipality must allow a resort owner to: new text end 65.22     new text begin (1) maintain structures, which includes replacing aging or outdated components or new text end 65.23 new text begin systems of the structure that do not increase the structure footprint; and new text end 65.24     new text begin (2) replace structures damaged or lost to fire or natural disaster. new text end 65.25     new text begin (b) Paragraph (a), clause (2), applies only when an application for a building permit new text end 65.26 new text begin is made within 180 days of the damage or loss. new text end 65.27     new text begin Subd. 4. new text end new text begin Expansion. new text end new text begin A county or municipality must allow a resort owner to increase new text end 65.28 new text begin a structure footprint to minimally meet federal, state, or local dwelling standards or codes. new text end 65.29 new text begin To "minimally meet" such standards or codes means that the replacement structure does new text end 65.30 new text begin not add new architectural elements, such as more bedrooms, that the original structure did new text end 65.31 new text begin not have. Structural expansion under this subdivision must not result in the structure being new text end 65.32 new text begin any larger than required to meet standards or codes or the structure or any portion thereof new text end 65.33 new text begin being any closer to the shoreline than prior to the expansion. new text end 66.1     new text begin Subd. 5. new text end new text begin Change in ownership. new text end new text begin A change in ownership of a resort shall not be new text end 66.2 new text begin construed as a conversion to a different use so long as the new owner continues to use new text end 66.3 new text begin the property as a resort. new text end 66.4    Sec. 3. new text begin [114E.01] SHORT TITLE. new text end 66.5     new text begin This chapter may be cited as the Uniform Environmental Covenants Act. new text end 66.6    Sec. 4. new text begin [114E.05] DEFINITIONS. new text end 66.7     new text begin Subdivision 1. new text end new text begin Scope. new text end new text begin For the purposes of this chapter, the definitions in this new text end 66.8 new text begin subdivision have the meanings given. new text end 66.9     new text begin Subd. 2. new text end new text begin Activity and use limitations. new text end new text begin "Activity and use limitations" means new text end 66.10 new text begin restrictions or obligations with respect to real property that are associated with an new text end 66.11 new text begin environmental response project. new text end 66.12     new text begin Subd. 3. new text end new text begin Common interest community. new text end new text begin "Common interest community" means a new text end 66.13 new text begin common interest community as defined in chapter 515B. new text end 66.14     new text begin Subd. 4. new text end new text begin Environmental agency. new text end new text begin "Environmental agency" means the Pollution new text end 66.15 new text begin Control Agency, Agriculture Department, or another state or federal agency that new text end 66.16 new text begin determines or approves the environmental response project pursuant to which the new text end 66.17 new text begin environmental covenant is created. new text end 66.18     new text begin Subd. 5. new text end new text begin Environmental covenant. new text end new text begin "Environmental covenant" means a servitude new text end 66.19 new text begin created under this chapter that imposes activity and use limitations. new text end 66.20     new text begin Subd. 6. new text end new text begin Environmental response project. new text end new text begin "Environmental response project" new text end 66.21 new text begin means a plan or work performed to clean up, eliminate, investigate, minimize, mitigate, or new text end 66.22 new text begin prevent the release or threatened release of contaminants affecting real property in order to new text end 66.23 new text begin protect public health or welfare or the environment, including: new text end 66.24     new text begin (1) response or corrective actions under federal or state law, including chapters 115B, new text end 66.25 new text begin 115C, 115E, and 116, and the Comprehensive Environmental Response, Compensation new text end 66.26 new text begin and Liability Act, United States Code, title 44, section 9601, et seq.; new text end 66.27     new text begin (2) corrective actions or response to agricultural chemical incidents under chapters new text end 66.28 new text begin 18B, 18C, 18D, and 18E; and new text end 66.29     new text begin (3) closure, contingency, or corrective actions required under rules or regulations new text end 66.30 new text begin applicable to waste treatment, storage, or disposal facilities or to above or below ground new text end 66.31 new text begin tanks. new text end 66.32     new text begin Subd. 7. new text end new text begin Holder. new text end new text begin "Holder" means any person identified as a holder of an new text end 66.33 new text begin environmental covenant as specified in section new text end new text begin , paragraph (a). new text end 67.1     new text begin Subd. 8. new text end new text begin Person. new text end new text begin "Person" means an individual, corporation, business trust, estate, new text end 67.2 new text begin trust, partnership, limited liability company, association, joint venture, public corporation, new text end 67.3 new text begin political subdivision or special purpose unit of government, agency, or instrumentality of new text end 67.4 new text begin the state or federal government, or any other legal or commercial entity. new text end 67.5     new text begin Subd. 9. new text end new text begin Record. new text end new text begin "Record," used as a noun, means information that is inscribed on new text end 67.6 new text begin a tangible medium or that is stored in an electronic or other medium and is retrievable new text end 67.7 new text begin in perceivable form. new text end 67.8     new text begin Subd. 10. new text end new text begin Recorded. new text end new text begin "Recorded" means recorded with the county recorder or new text end 67.9 new text begin registrar of title, as applicable, in each county where the real property is located. new text end 67.10     new text begin Subd. 11. new text end new text begin State. new text end new text begin "State" means a state of the United States, the District of Columbia, new text end 67.11 new text begin Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject new text end 67.12 new text begin to the jurisdiction of the United States. new text end 67.13    Sec. 5. new text begin [114E.10] NATURE OF RIGHTS; ROLE OF ENVIRONMENTAL new text end 67.14 new text begin AGENCY; SUBORDINATION OF INTERESTS. new text end 67.15     new text begin (a) Any person, including a person that owns an interest in the real property subject to new text end 67.16 new text begin the environmental convenant, the environmental agency, or any other political subdivision new text end 67.17 new text begin or unit of local government, may be a holder. An environmental covenant may identify new text end 67.18 new text begin more than one holder. The interest of a holder is an interest in real property. The holder is new text end 67.19 new text begin the grantee of the real property interest conveyed under an environmental covenant. new text end 67.20     new text begin (b) Unless an environmental agency is a holder, any right that the agency may have new text end 67.21 new text begin with respect to an environmental covenant does not constitute an interest in real property. new text end 67.22 new text begin Approval of an environmental covenant does not make the environmental agency a holder new text end 67.23 new text begin unless it has authority under law other than this chapter to acquire an interest in real new text end 67.24 new text begin property for purposes related to an environmental response project and it is expressly new text end 67.25 new text begin identified as a holder in the environmental covenant. new text end 67.26     new text begin (c) An environmental agency is bound by any obligation it assumes in an new text end 67.27 new text begin environmental covenant, but an environmental agency does not assume obligations merely new text end 67.28 new text begin by signing an environmental covenant. As provided in section 114E.15, an environmental new text end 67.29 new text begin covenant is not valid unless signed by the environmental agency and the environmental new text end 67.30 new text begin agency may set reasonable conditions for its approval of an environmental covenant. new text end 67.31 new text begin When the environmental agency is a federal agency, the covenant must also be approved new text end 67.32 new text begin and signed by the state environmental agency that has authority under state law to address new text end 67.33 new text begin the release or threatened release involved in the environmental response project. Any new text end 67.34 new text begin other person that signs an environmental covenant is bound by the obligations the person new text end 67.35 new text begin expressly assumes in the covenant, but signing the covenant does not change obligations, new text end 68.1 new text begin rights, or protections granted or imposed under law other than this chapter except as new text end 68.2 new text begin provided in the covenant. new text end 68.3     new text begin (d) The following rules apply to interests in real property in existence at the time an new text end 68.4 new text begin environmental covenant is created or amended: new text end 68.5     new text begin (1) an interest that has priority under other law is not affected by an environmental new text end 68.6 new text begin covenant unless the person that owns the interest subordinates that interest to the covenant; new text end 68.7     new text begin (2) this chapter does not require a person that owns a prior interest to subordinate new text end 68.8 new text begin that interest to an environmental covenant or to agree to be bound by the covenant; new text end 68.9     new text begin (3) a subordination agreement may be contained in an environmental covenant or new text end 68.10 new text begin in a separate record that is recorded. If the environmental covenant covers commonly new text end 68.11 new text begin owned property in a common interest community, the environmental covenant or the new text end 68.12 new text begin subordination agreement may be signed by any person authorized by the governing board new text end 68.13 new text begin of the owners' association; and new text end 68.14     new text begin (4) an agreement by a person to subordinate a prior interest to an environmental new text end 68.15 new text begin covenant affects the priority of that person's interest but does not by itself impose any new text end 68.16 new text begin affirmative obligation on the person with respect to the environmental covenant. new text end 68.17    Sec. 6. new text begin [114E.15] CONTENTS OF ENVIRONMENTAL COVENANT. new text end 68.18     new text begin (a) An environmental covenant must: new text end 68.19     new text begin (1) state on its first page that the instrument is an environmental covenant executed new text end 68.20 new text begin pursuant to this chapter; new text end 68.21     new text begin (2) contain a legally sufficient description of the real property subject to the covenant; new text end 68.22     new text begin (3) describe the activity and use limitations on the real property; new text end 68.23     new text begin (4) identify every holder; new text end 68.24     new text begin (5) be signed and acknowledged by the environmental agency, every holder, and new text end 68.25 new text begin every owner of the fee simple title to the real property subject to the covenant; and new text end 68.26     new text begin (6) identify the name and location of any administrative record for the environmental new text end 68.27 new text begin response project reflected in the environmental covenant. new text end 68.28     new text begin (b) In addition to the information required by paragraph (a), an environmental new text end 68.29 new text begin covenant may contain other information, restrictions, and requirements agreed to by new text end 68.30 new text begin the persons who signed it, including any: new text end 68.31     new text begin (1) requirements for notice of any transfer of a specified interest in, or concerning new text end 68.32 new text begin proposed changes in use of, applications for building permits for, or proposals for any new text end 68.33 new text begin site work affecting the contamination or the environmental response project on, the real new text end 68.34 new text begin property subject to the covenant; new text end 68.35     new text begin (2) requirements for periodic reporting describing compliance with the covenant; new text end 69.1     new text begin (3) rights of access to the real property granted in connection with implementation new text end 69.2 new text begin or enforcement of the covenant; new text end 69.3     new text begin (4) a brief narrative description of the contamination and environmental response new text end 69.4 new text begin project, including the contaminants of concern, the pathways of exposure, limits on new text end 69.5 new text begin exposure, and the location and extent of the contamination; new text end 69.6     new text begin (5) limitation on amendment or termination of the covenant in addition to those new text end 69.7 new text begin contained in sections new text end new text begin and new text end new text begin ; new text end 69.8     new text begin (6) rights of the holder in addition to its right to enforce the covenant pursuant new text end 69.9 new text begin to section new text end new text begin ; and new text end 69.10     new text begin (7) waiver of a party's right to consent to the amendment or termination of a new text end 69.11 new text begin covenant under section 114E.45, paragraph (a), clause (3). new text end 69.12     new text begin (c) The environmental agency may set reasonable conditions for its approval of an new text end 69.13 new text begin environmental covenant, including: new text end 69.14     new text begin (1) requiring that persons specified by the agency that have interests in the real new text end 69.15 new text begin property also sign the covenant; new text end 69.16     new text begin (2) requiring that a person who holds a prior interest in the real property subject to new text end 69.17 new text begin the covenant agree to subordinate that interest where applicable; and new text end 69.18     new text begin (3) requiring the inclusion within the text of the covenant information, restrictions, new text end 69.19 new text begin or requirements as described in paragraph (b). new text end 69.20    Sec. 7. new text begin [114E.20] VALIDITY; EFFECT ON OTHER INSTRUMENTS. new text end 69.21     new text begin (a) An environmental covenant created under this chapter runs with the land. new text end 69.22     new text begin (b) An environmental covenant that is otherwise effective is valid and enforceable new text end 69.23 new text begin even if: new text end 69.24     new text begin (1) it is not appurtenant to an interest in real property; new text end 69.25     new text begin (2) it can be or has been assigned to a person other than the original holder; new text end 69.26     new text begin (3) it is not of a character that has been recognized traditionally at common law; new text end 69.27     new text begin (4) it imposes a negative burden; new text end 69.28     new text begin (5) it imposes an affirmative obligation on a person having an interest in the real new text end 69.29 new text begin property or on the holder; new text end 69.30     new text begin (6) the benefit or burden does not touch or concern real property; new text end 69.31     new text begin (7) there is no privity of estate or contract; new text end 69.32     new text begin (8) the holder dies, ceases to exist, resigns, or is replaced; or new text end 69.33     new text begin (9) the owner of an interest in the real property subject to the environmental new text end 69.34 new text begin covenant and the holder are the same person. new text end 70.1     new text begin (c) Any instrument that imposes activity and use limitations, including any new text end 70.2 new text begin conservation easement, declaration, restrictive covenant, or similar instrument created new text end 70.3 new text begin before the effective date of this chapter remains valid and enforceable as provided in new text end 70.4 new text begin the law under which it was created. This chapter does not apply in any other respect to new text end 70.5 new text begin such an instrument. new text end 70.6     new text begin (d) This chapter does not invalidate or render unenforceable any interest, whether new text end 70.7 new text begin designated as an environmental covenant or other interest, that is otherwise enforceable new text end 70.8 new text begin under the law of this state. new text end 70.9    Sec. 8. new text begin [114E.25] RELATIONSHIP TO OTHER LAND USE LAW. new text end 70.10     new text begin (a) This chapter does not authorize a use of real property that is otherwise prohibited new text end 70.11 new text begin by zoning, by law other than this chapter regulating use of real property, or by a recorded new text end 70.12 new text begin instrument that has priority over the environmental covenant. new text end 70.13     new text begin (b) An environmental covenant may prohibit or restrict uses of real property which new text end 70.14 new text begin are authorized by zoning or by law other than this chapter. new text end 70.15     new text begin (c) An environmental agency that exercises authority under law other than this new text end 70.16 new text begin chapter to require as part of an environmental response project the performance of a new text end 70.17 new text begin response or corrective action that would not otherwise be an authorized use of real new text end 70.18 new text begin property under zoning or other real property law or prior recorded instruments may new text end 70.19 new text begin include such requirement as an affirmative obligation in an environmental covenant. new text end 70.20    Sec. 9. new text begin [114E.30] NOTICE. new text end 70.21     new text begin (a) A copy of an environmental covenant, and any amendments or notices of new text end 70.22 new text begin termination thereof, must be provided by the persons and in the manner required by the new text end 70.23 new text begin environmental agency to: new text end 70.24     new text begin (1) each person that signed the covenant or their successor or assign; new text end 70.25     new text begin (2) each person holding a recorded interest in the real property subject to the new text end 70.26 new text begin covenant; new text end 70.27     new text begin (3) each person in possession of the real property subject to the covenant; new text end 70.28     new text begin (4) each political subdivision in which real property subject to the covenant is new text end 70.29 new text begin located; and new text end 70.30     new text begin (5) any other person the environmental agency requires. new text end 70.31     new text begin (b) The validity of a covenant is not affected by failure to provide a copy of the new text end 70.32 new text begin covenant as required under this section. new text end 70.33    Sec. 10. new text begin [114E.35] RECORDING. new text end 71.1     new text begin (a) An environmental covenant and any amendment or termination of the covenant new text end 71.2 new text begin must be recorded with the county recorder or registrar of titles, as applicable, in every new text end 71.3 new text begin county in which any portion of the real property subject to the covenant is located. For new text end 71.4 new text begin purposes of indexing, a holder shall be treated as a grantee. new text end 71.5     new text begin (b) Except as otherwise provided in section new text end new text begin , paragraph (f), an environmental new text end 71.6 new text begin covenant is subject to the laws of this state governing recording and priority of interests in new text end 71.7 new text begin real property. new text end 71.8    Sec. 11. new text begin [114E.40] DURATION; MODIFICATION OR TERMINATION BY new text end 71.9 new text begin ADMINISTRATIVE OR COURT ACTION. new text end 71.10     new text begin (a) An environmental covenant is perpetual unless it is: new text end 71.11     new text begin (1) by its terms limited to a specific duration or terminated by the occurrence of a new text end 71.12 new text begin specific event; new text end 71.13     new text begin (2) terminated by consent pursuant to section new text end new text begin ; new text end 71.14     new text begin (3) terminated pursuant to paragraph (b) or (e); new text end 71.15     new text begin (4) terminated by foreclosure of an interest that has priority over the environmental new text end 71.16 new text begin covenant; or new text end 71.17     new text begin (5) terminated or modified in an eminent domain proceeding, but only if: new text end 71.18     new text begin (i) the environmental agency that signed the covenant is a party to the proceeding; new text end 71.19     new text begin (ii) all persons identified in paragraph (c) are given notice of the pendency of the new text end 71.20 new text begin proceeding; and new text end 71.21     new text begin (iii) the court determines, after hearing, that the activity and use limitations subject new text end 71.22 new text begin to termination or modification are no longer required to protect public health or welfare new text end 71.23 new text begin or the environment. new text end 71.24     new text begin (b) The environmental agency that approved an environmental covenant may new text end 71.25 new text begin determine whether to terminate or reduce the burden on the real property of the covenant new text end 71.26 new text begin if the agency determines that some or all of the activity and use limitations under the new text end 71.27 new text begin covenant are no longer required to protect public health or welfare or the environment or new text end 71.28 new text begin modify the covenant if the agency determines that modification is required to adequately new text end 71.29 new text begin protect public health or welfare or the environment. new text end 71.30     new text begin (c) The environmental agency shall provide notice of any proposed action under new text end 71.31 new text begin paragraph (b) to each person with a current recorded interest in the real property subject new text end 71.32 new text begin to the environmental covenant, each holder, all other persons who originally signed the new text end 71.33 new text begin environmental covenant, or their successors or assigns, and any other person with rights new text end 71.34 new text begin or obligations under the covenant. The environmental agency shall provide 30 days for new text end 71.35 new text begin comment on the proposed action by parties entitled to notice. Any person entitled to notice new text end 72.1 new text begin under this paragraph may request a contested case under chapter 14 by making the request new text end 72.2 new text begin in writing within the 30-day comment period. A determination by an environmental new text end 72.3 new text begin agency under this paragraph is a final agency decision subject to judicial review in the new text end 72.4 new text begin same manner as provided in sections 14.63 to 14.68 or under applicable federal law. new text end 72.5     new text begin (d) Any person entitled to notice under paragraph (c) may apply in writing to the new text end 72.6 new text begin environmental agency for a determination under paragraph (b) that an existing covenant new text end 72.7 new text begin be terminated, that the burden of a covenant be reduced, or that covenant be modified. new text end 72.8 new text begin The application must specify the determination sought by the applicant, the reasons why new text end 72.9 new text begin the environmental agency should make the determination, and the information which new text end 72.10 new text begin would support it. If the environmental agency fails to commence a proceeding under new text end 72.11 new text begin paragraph (b) within 60 days of receipt of the application, the applicant may bring a de new text end 72.12 new text begin novo action in the district court for termination, reduction of burden, or modification of new text end 72.13 new text begin the environmental covenant pursuant to paragraph (e). new text end 72.14     new text begin (e) The district court for the county in which the real property subject to an new text end 72.15 new text begin environmental covenant is located may, under the doctrine of changed circumstances, new text end 72.16 new text begin terminate the covenant, reduce its burden on the real property, or modify its terms in a de new text end 72.17 new text begin novo action if an environmental agency fails to commence a proceeding within 60 days new text end 72.18 new text begin as provided under paragraph (d). The applicant under paragraph (d), any party to the new text end 72.19 new text begin environmental covenant, or any other person identified in paragraph (c) may commence an new text end 72.20 new text begin action under this paragraph. The person commencing the action shall serve notice of the new text end 72.21 new text begin action on the environmental agency and any person entitled to notice under paragraph (c). new text end 72.22 new text begin The court shall terminate, reduce the burden of, or modify the environmental covenant new text end 72.23 new text begin if the court determines that the person bringing the action shows that some or all of the new text end 72.24 new text begin activity and use limitations under the covenant do not, or are no longer required to, protect new text end 72.25 new text begin public health or welfare or the environment. new text end 72.26     new text begin (f) An environmental covenant may not be extinguished, limited, or impaired new text end 72.27 new text begin through issuance of a tax deed, foreclosure of a tax lien, or application of the doctrine new text end 72.28 new text begin of adverse possession, prescription, abandonment, waiver, lack of enforcement, or new text end 72.29 new text begin acquiescence, or a similar doctrine. new text end 72.30     new text begin (g) An environmental covenant may not be extinguished, limited, or impaired by new text end 72.31 new text begin application of section new text end new text begin or new text end new text begin . new text end 72.32    Sec. 12. new text begin [114E.45] AMENDMENT OR TERMINATION BY CONSENT. new text end 72.33     new text begin (a) An environmental covenant may be amended or terminated by consent only if new text end 72.34 new text begin the amendment or termination is signed by: new text end 72.35     new text begin (1) the environmental agency; new text end 73.1     new text begin (2) the current owner of the fee simple title to the real property subject to the new text end 73.2 new text begin covenant; new text end 73.3     new text begin (3) every other original signatory to the covenant, or their successor or assign, unless: new text end 73.4     new text begin (i) the person waived the right to consent to termination or modification in the new text end 73.5 new text begin environmental covenant or another signed and acknowledged record that is recorded; new text end 73.6     new text begin (ii) the person fails to object to the amendment or termination within 60 days after new text end 73.7 new text begin a notice requesting the person's consent to amendment or termination was mailed by new text end 73.8 new text begin certified mail, return receipt requested, to the person's last known address, as obtained new text end 73.9 new text begin from the United States Postal Service; or new text end 73.10     new text begin (iii) a court finds that the person no longer exists or cannot be located or identified new text end 73.11 new text begin with the exercise of reasonable diligence; and new text end 73.12     new text begin (4) each holder, except as otherwise provided in paragraph (d). new text end 73.13 new text begin Any person may establish that the notice described in clause (3), item (ii), was properly new text end 73.14 new text begin mailed by recording an affidavit to that effect from a person having knowledge of the new text end 73.15 new text begin facts, and a certified copy of the recorded affidavit shall be prima facie evidence of the new text end 73.16 new text begin facts stated therein. new text end 73.17     new text begin (b) If an interest in real property is subject to an environmental covenant, the interest new text end 73.18 new text begin is not affected by an amendment of the covenant unless the current owner of the interest new text end 73.19 new text begin consents to the amendment or has waived in the environmental covenant or other signed new text end 73.20 new text begin record the right to consent to amendments. new text end 73.21     new text begin (c) Except for an assignment undertaken pursuant to a governmental reorganization, new text end 73.22 new text begin or as otherwise provided in the environmental covenant, assignment of an environmental new text end 73.23 new text begin covenant to a new holder is an amendment. new text end 73.24     new text begin (d) Except as otherwise provided in paragraph (c) or in an environmental covenant: new text end 73.25     new text begin (1) a holder may not assign its interest without consent of the other parties specified new text end 73.26 new text begin in paragraph (a); new text end 73.27     new text begin (2) a holder may be removed and replaced by agreement of the other parties new text end 73.28 new text begin specified in paragraph (a); and new text end 73.29     new text begin (3) a court of competent jurisdiction may fill a vacancy in the position of holder. new text end 73.30    Sec. 13. new text begin [114E.50] ENFORCEMENT OF ENVIRONMENTAL COVENANT. new text end 73.31     new text begin (a) A civil action for injunctive or other equitable relief for violation of an new text end 73.32 new text begin environmental covenant may be maintained by: new text end 73.33     new text begin (1) a party to the covenant, including all holders; new text end 73.34     new text begin (2) the environmental agency that signed the covenant; new text end 73.35     new text begin (3) any person to whom the covenant expressly grants power to enforce; new text end 74.1     new text begin (4) a person whose interest in the real property or whose collateral or liability may new text end 74.2 new text begin be affected by the alleged violation of the covenant; or new text end 74.3     new text begin (5) a political subdivision in which the real property subject to the covenant is new text end 74.4 new text begin located. new text end 74.5     new text begin (b) The state environmental agency that signed the covenant may use any remedy new text end 74.6 new text begin or enforcement measure provided in section 115.071, subdivisions 3 to 5, or 116.072 to new text end 74.7 new text begin remedy violations of a covenant. This paragraph does not limit the state environmental new text end 74.8 new text begin agency from taking action to enforce the terms of a covenant against a person required to new text end 74.9 new text begin comply with the covenant in connection with that person's obligation to perform response new text end 74.10 new text begin actions or as a condition of receiving a liability assurance with respect to a release or new text end 74.11 new text begin threatened release of contaminants. new text end 74.12     new text begin (c) This chapter does not limit the regulatory authority of the environmental agency new text end 74.13 new text begin under law other than this chapter with respect to an environmental response project. new text end 74.14     new text begin (d) A person is not responsible for or subject to liability arising from a release new text end 74.15 new text begin or threatened release of contamination into the environment, or for remediation costs new text end 74.16 new text begin attendant thereto, solely because it has signed, holds rights to, or otherwise has the right to new text end 74.17 new text begin enforce an environmental covenant. new text end 74.18    Sec. 14. new text begin [114E.60] UNIFORMITY OF APPLICATION AND CONSTRUCTION. new text end 74.19     new text begin In applying and construing this chapter, consideration must be given to the need to new text end 74.20 new text begin promote uniformity of the law with respect to its subject matter among states that enact it. new text end 74.21    Sec. 15. new text begin [114E.65] RELATION TO ELECTRONIC SIGNATURES IN GLOBAL new text end 74.22 new text begin AND NATIONAL COMMERCE ACT. new text end 74.23     new text begin This chapter modifies, limits, or supersedes the federal Electronic Signatures in new text end 74.24 new text begin Global and National Commerce Act, United States Code, title 15, section 7001 et seq., but new text end 74.25 new text begin does not modify, limit, or supersede section 101 of that act, United States Code, title 15, new text end 74.26 new text begin section 7001(a), or authorize electronic delivery of any of the notices described in section new text end 74.27 new text begin 103 of that act, United States Code, title 15, section 7003(b). new text end 74.28    Sec. 16. Minnesota Statutes 2006, section 115.072, is amended to read: 74.29115.072 RECOVERY OF LITIGATION COSTS AND EXPENSES. 74.30    In any action brought by the attorney general, in the name of the state, pursuant 74.31to the provisions of this chapter and chapters 114C new text begin , 114E, new text end and 116, for civil penalties, 74.32injunctive relief, or in an action to compel compliance, if the state shall finally prevail, 74.33and if the proven violation was willful, the state, in addition to other penalties provided 75.1in this chapter, may be allowed an amount determined by the court to be the reasonable 75.2value of all or a part of the litigation expenses incurred by the state. In determining the 75.3amount of such litigation expenses to be allowed, the court shall give consideration to the 75.4economic circumstances of the defendant. 75.5    Amounts recovered under the provisions of this section and section 115.071, 75.6subdivisions 3 to 5 , shall be paid into the environmental fund in the state treasury to the 75.7extent provided in section 115.073. 75.8    Sec. 17. Minnesota Statutes 2006, section 115.55, subdivision 6, is amended to read: 75.9    Subd. 6. Disclosure of individual sewage treatment system to buyer. (a) Before 75.10signing an agreement to sell or transfer real property, the seller or transferor must disclose 75.11in writing to the buyer or transferee information on how sewage generated at the property 75.12is managed. The disclosure must be made by delivering a statement to the buyer or 75.13transferee that either: 75.14    (1) the sewage goes to a facility permitted by the agency; or 75.15    (2) the sewage does not go to a permitted facility, is therefore subject to applicable 75.16requirements, and describes the system in use, including the legal description of the 75.17property, the county in which the property is located, and a map drawn from available 75.18information showing the location of the system on the property to the extent practicable new text begin new text end 75.19 new text begin the system has a valid certificate of compliance or notice of noncompliance as provided new text end 75.20 new text begin under subdivision 5 new text end . If the seller or transferor has knowledge that an abandoned individual 75.21sewage treatment system exists on the property, the disclosure must include a map 75.22showing its location. In the disclosure statement the seller or transferor must indicate 75.23whether the individual sewage treatment system is in use and, to the seller's or transferor's 75.24knowledge, in compliance with applicable sewage treatment laws and rules. new text begin A copy of new text end 75.25 new text begin the certificate of compliance or notice of noncompliance shall be provided to the county new text end 75.26 new text begin recorder or registrar of titles in the county where the individual sewage treatment system new text end 75.27 new text begin is located. A copy of the filing shall go to the county office responsible for the individual new text end 75.28 new text begin sewage treatment system program. new text end 75.29    (b) Unless the buyer or transferee and seller or transferor agree to the contrary in 75.30writing before the closing of the sale, A seller or transferor who fails to disclose the 75.31existence or known status of an individual sewage treatment system new text begin provide to the buyer new text end 75.32 new text begin or transferor a valid certificate of compliance or notice of noncompliance new text end at the time 75.33of sale, and who knew or had reason to know of the existence or known status of the 75.34system, new text begin and whose system was noncompliant at the time of the sale new text end is liable to the buyer 75.35or transferee for costs relating to bringing the system into compliance with the individual 76.1sewage treatment system rules and for reasonable attorney fees for collection of costs from 76.2the seller or transferor. An action under this subdivision must be commenced within two 76.3years after the date on which the buyer or transferee closed the purchase or transfer of the 76.4real property where the system is located. 76.5    Sec. 18. Minnesota Statutes 2006, section 115.56, subdivision 2, is amended to read: 76.6    Subd. 2. License required. (a) Except as provided in paragraph (b), after March 31, 76.71996, a person may not design, install, maintain, pump, or inspect an individual sewage 76.8treatment system without a license issued by the commissioner. 76.9    (b) A license is not required for a person who complies with the applicable 76.10requirements if the person is: 76.11    (1) a qualified employee of state or local government who has passed the 76.12examination described in paragraph (d) or a similar examination; 76.13    (2) an individual who constructs an individual sewage treatment system on land that 76.14is owned or leased by the individual and functions solely as the individual's dwelling or 76.15seasonal dwelling; 76.16    (3) a farmer who pumps and disposes of sewage waste from individual sewage 76.17treatment systems, holding tanks, and privies on land that is owned or leased by the 76.18farmer; or 76.19    (4) an individual who performs labor or services for a person licensed under this 76.20section in connection with the design, installation, maintenance, pumping, or inspection of 76.21an individual sewage treatment system at the direction and under the personal supervision 76.22of a person licensed under this section. 76.23    A person constructing an individual sewage treatment system under clause (2) must 76.24consult with a site evaluator or designer before beginning construction. In addition, the 76.25system must be inspected before being covered and a compliance report must be provided 76.26to the local unit of government after the inspection. 76.27    (c) The commissioner, in conjunction with the University of Minnesota Extension 76.28Service or another higher education institution, shall ensure adequate training exists for 76.29individual sewage treatment system professionals. 76.30    (d) The commissioner shall conduct examinations to test the knowledge of applicants 76.31for licensing and shall issue documentation of licensing. 76.32    (e) Licenses may be issued only upon successful completion of the required 76.33examination and submission of proof of sufficient experience, proof of general liability 76.34insurance, and a corporate surety bond in the amount of at least $10,000. 77.1    (f) Notwithstanding paragraph (e), the examination and proof of experience are not 77.2required for an individual sewage treatment system professional who, on the effective date 77.3of the rules adopted under subdivision 1, holds a certification attained by examination and 77.4experience under a voluntary certification program administered by the agency. 77.5    (g) Local units of government may not require additional local licenses for individual 77.6sewage treatment system professionals. 77.7    (h) A pumper whose annual gross revenue from pumping systems is $9,000 or 77.8less and whose gross revenue from pumping systems during the year ending May 11, 77.91994, was at least $1,000 is not subject to training requirements in rules adopted under 77.10subdivision 1, except for any training required for initial licensure. 77.11     new text begin (i) No other professional license is required to design, install, maintain, or inspect new text end 77.12 new text begin an individual sewage treatment system with a flow of 10,000 gallons of water per day new text end 77.13 new text begin or less if the system designer, installer, maintainer, or inspector is licensed under this new text end 77.14 new text begin subdivision and the local unit of government has not adopted additional requirements. No new text end 77.15 new text begin other professional license is required to operate an individual sewage treatment system new text end 77.16 new text begin with a flow of 10,000 gallons of water per day or less if the system operator is licensed as new text end 77.17 new text begin a system designer, installer, maintainer, or inspector under this subdivision and the local new text end 77.18 new text begin unit of government has not adopted additional requirements. new text end 77.19 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 77.20 new text begin and expires December 31, 2010. new text end 77.21    Sec. 19. Minnesota Statutes 2006, section 115B.17, subdivision 15, is amended to read: 77.22    Subd. 15. Acquisition of property. The agency may acquire, by purchase 77.23or donation, an interest new text begin interests new text end in real property, including easements, restrictive new text begin new text end 77.24 new text begin environmental new text end covenants new text begin under chapter 114E new text end , and leases, that the agency determines 77.25is new text begin are new text end necessary for response action. The validity and duration of a restrictive covenant 77.26or nonpossessory easement acquired under this subdivision shall be determined in the 77.27same manner as the validity and duration of a conservation easement under chapter 84C, 77.28unless the duration is otherwise provided in the agreement. The agency may acquire 77.29an easement by condemnation only if the agency is unable, after reasonable efforts, to 77.30acquire an interest in real property by purchase or donation. The provisions of chapter 117 77.31govern condemnation proceedings by the agency under this subdivision. A donation of an 77.32interest in real property to the agency is not effective until the agency executes a certificate 77.33of acceptance. The state is not liable under this chapter solely as a result of acquiring an 77.34interest in real property under this subdivision. new text begin Agency approval of an environmental new text end 78.1 new text begin convenant under chapter 114E is sufficient evidence of acceptance of an interest in real new text end 78.2 new text begin property where the agency is expressly identified as a holder in the covenant. new text end 78.3    Sec. 20. Minnesota Statutes 2006, section 116.07, subdivision 2a, is amended to read: 78.4    Subd. 2a. Exemptions from standards. No standards adopted by any state agency 78.5for limiting levels of noise in terms of sound pressure which may occur in the outdoor 78.6atmosphere shall apply to (1) segments of trunk highways constructed with federal 78.7interstate substitution money, provided that all reasonably available noise mitigation 78.8measures are employed to abate noise, (2) an existing or newly constructed segment of a 78.9highway, provided that all reasonably available noise mitigation measures, as approved by 78.10the commissioners of the Department of Transportation and Pollution Control Agency, are 78.11employed to abate noise, (3) except for the cities of Minneapolis and St. Paul, an existing 78.12or newly constructed segment of a road, street, or highway under the jurisdiction of a road 78.13authority of a town, statutory or home rule charter city, or county, except for roadways for 78.14which full control of access has been acquired, (4) skeet, trap or shooting sports clubs, or 78.15(5) motor vehicle race events conducted at a facility specifically designed for that purpose 78.16that was in operation on or before July 1, 1983 new text begin 1996 new text end . Nothing herein shall prohibit a 78.17local unit of government or a public corporation with the power to make rules for the 78.18government of its real property from regulating the location and operation of skeet, trap 78.19or shooting sports clubs, or motor vehicle race events conducted at a facility specifically 78.20designed for that purpose that was in operation on or before July 1, 1983 new text begin 1996 new text end . 78.21 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 78.22    Sec. 21. Minnesota Statutes 2006, section 116.23, is amended to read: 78.23116.23 PROHIBITION new text begin AND RESTRICTIONS new text end . 78.24     new text begin Subdivision 1. new text end new text begin Nutrient concentrations. new text end No person shall manufacture for use or 78.25sale in Minnesota or import into Minnesota for resale any cleaning agent or chemical 78.26water conditioner which contains a prescribed nutrient in a concentration that is greater 78.27than the prescribed maximum permissible concentration of that nutrient in that cleaning 78.28agent or chemical water conditioner. 78.29     new text begin Subd. 2. new text end new text begin Residential dishwasher detergent. new text end new text begin No person shall sell, distribute, offer, new text end 78.30 new text begin or expose for sale at retail any household dishwasher detergent that contains more than 0.5 new text end 78.31 new text begin percent phosphorus by weight. This subdivision does not apply to the sale or distribution new text end 78.32 new text begin of detergents for commercial or institutional dishwashing purposes. new text end 78.33 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2010. new text end 79.1    Sec. 22. new text begin PUBLIC FACILITIES AUTHORITY FUNDING. new text end 79.2     new text begin To the greatest practical extent, projects on the Public Facilities Authority's 2007 new text end 79.3 new text begin intended use plan, the listings for which were based on the Pollution Control Agency's new text end 79.4 new text begin 2006 project priority list, shall be carried over to the 2008 intended use plan. Projects that new text end 79.5 new text begin qualified for funding from the Public Facilities Authority under Laws 2006, chapter 258, new text end 79.6 new text begin section 21, that could not be certified by the Pollution Control Agency by the applicable new text end 79.7 new text begin deadline shall have until May 1, 2008, or six months after the Minnesota Supreme Court new text end 79.8 new text begin issues an opinion in the cities of Maple Lake and Annandale matter, whichever is later, to new text end 79.9 new text begin obtain the required certification from the Pollution Control Agency. new text end 79.10    Sec. 23. new text begin REPORT. new text end 79.11     new text begin The commissioner of the Pollution Control Agency must report to the legislative new text end 79.12 new text begin committees with jurisdiction on environmental policy by February 15, 2008, after new text end 79.13 new text begin consulting with officials from the Minnesota Onsite Wastewater Association; the new text end 79.14 new text begin Minnesota Society of Professional Engineers; the American Council of Engineering new text end 79.15 new text begin Companies; the Minnesota Association of Professional Soil Scientists; the Minnesota new text end 79.16 new text begin Board of Architecture, Engineering, Land Surveying, Landscape Architecture, new text end 79.17 new text begin Geoscience, and Interior Design; the University of Minnesota Water Resources Center; new text end 79.18 new text begin the Association of Minnesota Counties; the Minnesota Association of Small Cities; and new text end 79.19 new text begin the Minnesota Association of Townships, on further issues relating to the licensing of new text end 79.20 new text begin individual sewage treatment systems. new text end 79.21 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 79.22 new text begin and expires December 31, 2010. new text end